EXCHANGE
School Laws
of (he
STATE. OF MONTANA
Comprising all the Laws in force pertaining to Public Schools,
State Educational Institutions, School Lands and Public
Lands appropriated to the use of the State
Educational Institutions.
ma
Compiled at the office of the
SUPERINTENDENT OF PUBLIC INSTRUCTION
OCT. 1911.
PUBLISHED BY AUTHORITY
H
School Laws
of the
STATE. OF MONTANA
Comprising all the Laws in force pertaining to Public Schools,
State Educational Institutions, School Lands and Public
Lands appropriated to the use of the State
Educational Institutions.
Compiled at the offiice of the
SUPERINTENDENT OF PUBLIC INSTRUCTION
OCT. 1911.
PUBLISHED BY AUTHORITY
State of Montana,
Department of Public Instruction.
This Pamphlet contains the School Laws of the State in
fforce to date.
W. E. HARMON,
Superintendent of Public Instruction.
Helena, Montana, Oct., 1911.
THIS VOLUME IS STATE PROPERTY.
And is for the use of the School Officers of School
District No , County of , State
of Montana.
School officers on retiring from office, are required by lavJ
to deliver this volume, with all other books and documents oi
an official character, to their successors in office. The Clerk is
the proper custodian of this book.
249023
THE MONTANA STATE BOARD OF EDUCATION.
Ex-Officio.
GOVERNOR EDWIN L. NORRIS, President.
ALBERT J. GALBN, Attorney General.
W. E. HARMON, Sup't Public Instruction, Sec.
By Appointment.
N. R. Leonard, Butte.
Charles H. Hall, Missoula.
Ward H. Nye, Billings.
O. W. McConnell, Helena.
Walter S. Hartman, Bozeman.
S. D. Largent, Great Falls.
H. G. Pickett, Helena.
G. T. Paul, Dillon..
G. A. Ketcham, Clerk.
Officers of the Board.
Edwin L. N orris . President
Albert J. Galen Vice-President
E. E. Esselstyn Treasurer
W. E. Harmon Secretary
General School Law of the State of Montana.
PROVISIONS OF THE ENABLING ACT.
Section 4. * And said (constitutional) conventions
shall provide by ordinance irrevocable without the consent of
the United States and the people of said states * * * * *
Fourth. That provisions shall be made for the establish-
ment and maintenance of systems of public schools, whioh shall
be open to all children from said states, and free from sectarian
control.
Section 10. That upon admission of each of said states into
the Union, sections numbered 16 and 36 in every township of
said proposed states, and where such sections or any parts
thereof have been sold or otherwise disposed of by or under
the authority of any Act of Congress, other lands equivalent
thereto, in legal subdivisions of not less than one quarter sec-
tion, and as contiguous as may be to the section in lieu of
wihidh the same is taken, are hereby granted to said states for
•the support of common schools, such indemnity land to be
selected within said states in such manner as the Legislature
may provide, with the approval of the Secretary of the Interior;
Provided, that the sixteenth and thirty-sixth sections embraced
in permanent reservations for national purposes shall not, at
any time, be subject to the grants nor to the indemnity pro-
visions of this act, nor shall any lands embraced in Indian,
military or other reservations of any character, be subject to
the grants or to the indemnity provisions of this
act until the reservation shall have been extinguished and such
lands be restored to, and become a part of the public domain.
Section n. That all the lands herein granted for educa-
tional purposes shall be disposed of only at public sale, and at
a price not less than ten (10) dollars per acre, the proceeds to
constitute a permanent school fund, the interest of which only
shall be expended in the support of said schools. But said-
lands may, under such regulation as the Legislature shall pre-
scribe, be leased for periods of not more than five years, in
G GENERAL SCHOOL LAW
quantities not exceeding one section to any one person or com-
pany; and such lands shall not be subject to pre-emption,
homestead entry, or any other entry under the land laws of
the United States, whether surveyed or unsurveyed, but shall
•be reserved for school purposes only.
Section 13. That 5 per centum of the proceeds of the sales
of public lands lying within said states which shall be sold by
the United States subsequent to the admission of said states
into the Union, after deducting all the expenses incident to the
same, shall be paid to the said states to be used as a permanent
fund, the interest of which only shall be expended for the sup-
port of common schools within said states respectively.
Section 14. That the lands granted to the Territories of
Dakota and Montana by the act of February 18, 1881, entitled
"An Act to Grant Lands to Dakota, Montana, Arizona, Idaho
and Wyoming for University Purposes," are hereby vested in
the states of South Dakota, North Dakota and Montana,
respectively, if such states are admitted into the Union as pro-
vided in this act, to the extent of the full quantity of seventy-
two sections to each of said states, and any portion of said
lands that may not have been selected by either of said Terri-
tories of Dakota or Montana may be selected by the respective
states aforesaid; but said act of February 18, 1881, shall be so
amended as to provide that none of said lands shall be sold for
less than ten (10) dollars per acre, and the proceeds shall
constitute a permanent fund to be safely' invested and held
by said states severally, and the income thereof to be used
exclusively for university purposes. * * * None of the'
lands granted in this section shall be sold1 at less than ten (10)..
dollars per acre; but said lands may be leased in the same
manner as provided in Section n of this act. The schools,
colleges, and universities provided for in this act shall forever
remain under the exclusive control of said states, respectively,
and no part of the proceeds arising from the sale or disposal
of any lands herein granted for educational purposes shall be
used for the support of any sectarian or denominational school,
college or university. * * *
Section 16. That 90,000 acres of land to be selected and
located as provided in Section 10 of this act, are hereby
granted to each of said states except to the State of South
Dakota, to which 120,000 acres are granted for the use and!
STATE OF MONTANA. 7
support of agricultural colleges in said states, as provided in
the acts of Congress making donations of lands for such pur-
poses.
Section 17. That in lieu of the grant of land for purposes
of internal improvement made to new states by the eighth
section of the act of September 4, 1841, which act is hereby
repealed as to the states provided for by this act, and in lieu
of any claim or demand by the said states, or either of them,
under the act of September 28, 1850, and Section 2479 °f the
Revised Statutes making a grant of swamp and overflowed
lands to certain states, which grant it is hereby declared is not
extended to the states provided for in this act, and in lieu of
any grant of saline lands to said states, the following granrsl
of land are hereby made, to wit :
* * * Xo the State of Montana : For the establishment
and maintenance of a School of Mines, 100,000 acres; for State
Normal Schools, 100,000 acres ; for Agricultural Colleges, In
addition to the grant hereinbefore made for that purpose, 50,000
acres ; for the establishment of a State Reform School, 50,000
acres ; for the establishment of a Deaf and Dumb Asylumi,
50,000 acres ; for the public buildings at the Capital of the
State, in addition to the grant hereinbefore made for that pur-
pose, 150,000 acres.
* That the states provided for in this act shall not
be entitled to any further or other grants of land for any pur-
pose than as expressly provided for in this act. The lands
granted by this section shall be held, appropriated and dis-
posed of exclusively for the purpose her*ein mentioned, in such
manner as the Legislatures of the respective states may sever-
ally provide.
Section 18. That all mineral lands shall be exempted from
the grants of this act. Ihit if sections 16 and 36, or any sub-
division or portion of any smallest subdivision thereof in any
township shall be found by the Department of the Interior to
be mineral lands, said states are hereby authorized and em-
powered to select, in legal subdivisions, an equal quantity of
other unappropriated lands and said states, in lieu thereof, for
the use and benefit of the common schools of said states.
Section 19. That all lands granted in quantity or as indem-
nity by this act shall be selected, under the direction of the Sec-
retary of the Interior, from the surveyed, unsurveyed and un-
8 GENERAL SCHOOL LAW
appropriated public lands of the United States within the limits
of the respective states entitled thereto. And there shall be
deducted from the number of acres of land donated by this act
for specific objects to said states the number of acres in each
heretofore donated by Congress to said territories for similar
objects.
CONSTITUTIONAL PROVISIONS.
(August i7th, 1889.)
PREAMBLE.
We, the people of Montana, grateful to Almighty God for the
blessings of liberty, in order to secure the advantages of a
State government, do, in accordance with the provisions of the
Enabling Act of Congress, approved the 22nd of February,
A. D. 1889, ordain and establish this Constitution.
ARTICLE V.
The Legislative Department.
Section 26. The Legislative Assembly shall not pass local
or special laws in any of the following enumerated cases, that
is to say:
***********
13. Providing for the management of common schools.
ARTICLE VII.
Executive Department.
Section i. The Executive Department shall consist of a * *
Superintendent of Public Instruction, each of whom shall hoU
his office for four years, or until his successor is elected and
qualified, beginning on the first Monday of January next suc-
ceeding his election, except that the terms of office of those
who are elected at the first election, shall begin when t*he state
shall be admitted into the Union and shall end on the first Mon-
day of January, A. D. 1893. The officers of the Executive
Department, excepting the Lieutenant Governor, shall during
their terms of office reside at the seat of government where
they shall keep the public records, books and papers. They
shall perform such duties as are prescribed in this Constitution,
and 'by the laws of the State. * * * * ******
Section 3. No person shall be eligible to the office of * *
Superintendent of Public Instruction, unless he shall have
STATE OF MONTANA.
attained the age of thirty years at the time of his election.
* * * In addition to the qualifications above prescribed,
each of the officers named shall be a citizen of the United
States, and have resided within the State or Territory two
years next preceding his election.
Section 4. Until otherwise- provided by law, the *
Superintendent of Public Instruction, shall quarterly as due,
during their continuance in office, receive for their services
compensation which is fixed as follows. *******
Superintendent of Public Instruction, two thousand five hun-
dred dollars per annum.
* * * The compensation enumerated shall be in full for
all services by said officers respectively rendered in any official
capacity or employment whatever during their respective terms
of office, and the salary of no official shall be increased during
his term of office. No officer named in this section shall
receive for the performance of any official duty, any fee for
his own use, but all fees fixed by law for the performance by
any officers of any official duty, shall be collected in advance,
and deposited with the State Treasurer quarterly to the credit
of the State. No officer mentioned in this section shall be
eligible to, or hold any other public office, except member of
State Board of Education during his term of office.
ARTICLE IX.
Elective Franchise.
Section 10. Women shall be eligible to hold the office of
County Superintendent of schools or any school district office
and shall have the right to vote at any school district election.
ARTICLE X.
State Institutions.
Section i. Educational, reformatory and penal institutions,
and those for the benefit of the insane, 'blind, deaf and mute,
soldiers' home, and such other institutions as the public good
may require, shall be established and supported by the state in
such a manner as may be prescribed by law.
ARTICLE XL
Education.
Section I. It shall be the duty of the Legislative Assembly
of Montana to establish and maintain a general, uniform and
thorough system of public, free common schools.
10 GENERAL SCHOOL LAW
Section 2. The public school fund of the State shall consist
of the proceeds of such lands as have heretofore been granted,
or may hereafter be granted, to the State by the general gov-
ernment, known as school lands ; and those granted in lieu of
such lands acquired by gift or grant from any person or cor-
poration under any law or grant of the general government;
and of all other grants of land or money made to the State
from the general government for general education purposes, or
where no other special purpose is indicated in such grant ; ail
estate or distributive shares of estates that may escheat to the
State; all unclaimed shares and dividends of any corporation
incorporated under the laws of the State, and all other grants,
gifts, devises or bequests made to the State for general educa-
tional purposes.
Section 3. Such public school fund shall forever remain in-
violate, guaranteed 'by the State against loss or diversion, to be
invested, so far as possible, in public securities within the State,
including school district bonds, issued for the erection of school
buildings, under the restrictions to be provided by law.
Section 4. The Governor, Superintendent of Public Instruc-
tion, Secretary of State and Attorney General shall constitute
the State Board of Land Commissioners, which shall have the
direction, control, leasing and sale of the school lands of the
State and the lands granted or which may hereafter be grante.i
for the support and benefit of the various State educational
institutions, under such regulations and restrictions as may be
prescribed by law.
Section 5. The interest on all invested school funds of the
State, and all rents accruing from the leasing of any school
lands, shall be apportioned to the several school districts of the
State in proportion to the number of children and youths be-
tween the ages of six and twenty-one years, residing therein
respectively, but no district shall be entitled to such distribu-
tive share that does not maintain a free public school for at
least three months during the year for which distributions shall
be made.
Section 6. It shall be the duty of the Legislative Assembly
to provide by taxation, or otherwise, sufficient means in con-
nection with the amount received from the general school fund,
to maintain a public, free, common school in each organized
district in the State, for at least three months in each year.
STATE OF MONTANA. 11
Section 7. The public free schools of the state shall be open
to all children and youth between the ages of six and twenty-
one years.
Section 8. Neither the Legislative Assembly, nor any county,
city, town, or school district, or other public corporations,
shall ever make directly or indirectly, any appropriation, or pay
from any public fund or moneys whatever, or make any grant
of lands or other property in aid of any church, or for any
sectarian purpose, or to aid in the support of any school,
academy, seminary, college, university or other literary, sci-
entific institution controlled in whole or in part by any church,
sect or denomination whatever.
Section 9. No religious or partisan test of qualification shall
ever be required of any person as a condition of admission into
any public educational institution of the State, either as teacher
or student; nor shall attendance be required at any religious
service whatever, nor shall any sectarian tenets be taught in
any public educational institution of the state ; nor shall any
person be debarred admission to any of the collegiate depart-
ments of the university on account of sex.
Section 10. The Legislative Assembly shall provide that all
elections for school district officers shall be separate from those
elections at which State or County officers are voted for.
Section n. The general control and supervision of the State
University and the various other State educational institutions
shall be vested in a State Board of Education, whose powers
and duties shall be prescribed and regulated by law. The said
board shall consist of eleven members, the Governor, State
Superintendent of Public Instruction and Attorney General,
being ex-officio, the other eight members thereof, shall be
appointed by the Governor subject to the confirmation of the
Senate, under the regulation and restrictions to be provided
by law.
Section 12. The funds of the State University and of all
other state institutions of learning, from whatever source accru-
ing, shall forever remain inviolate and sacred to the purpose for
which they were dedicated. The various funds shall be
respectively invested, imder such regulations as may be
prescribed by law, and shall be guaranteed by the State against
loss or diversion. The interest of said invested funds, top'ethcr
o
with the rents from leased lands or properties, shall be devoted
12 GENERAL SCHOOL LAW
to the maintenance and perpetuation of these respective insti-
tutions.
ARTICLE XIII.
Public Indebtedness.
Section 6. No city, town, township or school district shall
be allowed to become indebted in any manner or for any purpose
to an amount, including existing indebtedness, in the aggregate
exceeding three per centum of the value of the taxable property
therein, to be ascertained by the last assessment for the State
and County taxes previous to the incurring of such indebted-
ness, and all bonds or obligations in excess of such amount
given by, or on behalf of, such city, town, township or school
district shall be void ;• Provided, however, that the Legislative
Assembly may extend the limit mentioned in this section, by
authorizing municipal corporations to submit the question vo
a vote of the taxpayers affected thereby, when such increase
is necessary to construct a sewerage system or to procure a
supply of water for such municipality which shall own and
control said water supply and devote the revenues derived
therefrom to the payment of the debt.
ARTICLE XVII.
Public Lands.
Section i. All lands otf the State that have been, or that
may hereafter be granted to the State by Congress, and all
lands acquired by gift or grant, or devise, from any person
or corporation, shall be public lands of the State, and shall be
held in trust for the people, to be disposed of as hereafter pro-
vided, for the respective purposes for which they have been
or may be granted, donated or devised; and none of such land,
nor any estate or interest therein, shall ever be disposed of
except in pursuance of general laws providing for such dis-
position, nor unless the full market value of the estate or
interest disposed of, to be ascertained in such a manner as may
be provided by law, be paid or safely secured to the State ;
nor shall any lands which the State holds by grant from the
United States (in any case in which the manner of disposal
and minimum price are so prescribed) be disposed of, except
in the manner and for at least the price prescribed in the grant
thereof, without the consent of the United States. Said lands
shall be classified by the Board of Land Commissioners, as
STATE OF MONTANA. 13
follows: First, lands which are valuable only for grazing
purposes. Second, those which are principally valuable for the
timber that is on them. Third, agricultural lands. Fourth,
lands within the limits of any town or city or within three
miles of such limits ; Provided, That any of said lands may
be re-classified whenever, by reason of increased facilities for
irrigation or otherwise, they shall be subject to different classi-
fication.
Section 2. The lands of the first of said classes may be sold
or leased, under such rules and regulations as may be pre-
scribed by law. The lands of the second class may ;be sold, or
the timber thereon may be sold, under such rules and regula-
tions as may be prescribed by law. The agricultural lands
may be either sold or leased, under such rules and regulations
as may be prescribed by law. The land of the fourth class shall
be sold in alternate lots of not more than five acres each, and
not more than one-half of any one tract of such lands shall be
sold prior to the year of one thousand nine hundred and ten
(1910).
Section 3. All public lands may be disposed of in such man-
ner as may be provided by law.
14 GENERAL SCHOOL LAW
STATUTORY PROVISIONS.
TITLE III.
Education.
Chapter I. State Board of Education.
Chapter II. State University cf Montana.
Chapter III. School of Mines of Montana.
Chapter IV. Agricultural College of Montana.
Chapter V. State Normal School.
Chapter VI. State Text Book Commission.
Chapter VII. Public Schools.
CHAPTER I.
State Board of Education.
Section 642. Membership.
Section 643. Appointment and term.
Section 644. Oath.
Section 645. Officers.
Section 646. Quorum.
Section 647. Meetings.
Section 649. State diplomas.
Section 650. Life diplomas.
Section 651. Graduate of state normal school.
Section 652. Revocation of diploma.
Section 653. Expenses.
Section 654. Membership.
Section 655. Appointment and term.
Section 656. Oath.
Section 657. Officers.
Section 658. Quorum.
Section 659. Meetings.
Section 660. Powers and duties.
Section 661. State diplomas.
Section 662. Life diplomas.
Section 663. Graduate of state normal school.
Section 664. Revocation of diploma.
Section 665. Expenses.
642. (Sec 1510.) Membership. — The State board of educa-
tion shall consist of eleven members, of which number the
governor, state superintendent of public instruction and
attorney general shall be ex-officio members. (Act approved
March 10, 1895).
Hill-burn v. St. P. R. Co., 23 Mont. 243; 58 Pac. 556.
643. (Sec. 1511.) Appointment and Term. — The governor
shall appoint, by and with the advice and consent of the senate,
the remaining eight members of the board. The persons first
STATE OF MONTANA. 15
appointed under the provisions of this title shall hold office for
the following terms : Two shall be appointed for the term of
two years from the first day of February, 1893 ; two for the
term of three years, from the first day of February, 1893 ; two
for the term of four years from the first day of February, 1893 ;
and two for the term of five years from the first day of Feb-
ruary, 1893. The successors shall be appointed for the term
of four years, and until their successors are appointed and
qualified. (Act approved March n, 1895).
644. (Sec. 1512.) Oath. — The persons so appointed as mem-
bers of the state board of education shall before entering upon
the duties of their office, take and subscribe the constitutional
oath of office prescribed for civil officers, which shall be filed
in the office of the secretary of state. (Act approved March
n, 1895).
645. (Sec. 1513.) Officers. — The governor shall be the presi-
dent of said board, and the superintendent of public instruction
shall be the secretary thereof. The state treasurer shall be the
treasurer of the board. (Act approved March n, 1895).
State v. Barret, 26 Mont. 66; 66 Pac. 506. The state treasurer
is the treasurer of the state board of education, and is
liable, upon the ord*er of the board, to pay out the income
derived from the rents of lands granted by the United
States, in aid of the state agricultural college.
• 646. (Sec. 1514.) Quorum. — A majority of said board shall
constitute a quorum for the transaction of business. (Act ap-
proved March n, 1895).
647. (Sec. 1515.) Meetings. — The board shall nolcl semi-
annual meetings at the state capitol on the first Monday in
June and December in each year, and may hold special meet-
ings at any time and place they may direct. The president
and secretary of the board may also call special meetings of
said board at any time and place, if in their judgment the
necessity requires it. (Act approved March n, 1895).
649. (Sec. 1517.) State Diplomas. — State diplomas shall be
issued to such persons, as have a good moral character, and
who have held for one year and still hold in full force and effect,
a first grade county certificate with the addition of English
literature and mental philosophy, and who shall furnish satis-
factory evidence of having- been successfully engaged in teach-
ing for at least five years. The term "five years" shall be con-
strued to mean five years of not less than seven months each ;
16 GENERAL SCHOOL LAW
that is, the applicant -must have taught a part of each year
far five years — not necessarily consecutive years — and in all
thirtyjfive months, of which at least twenty-one months must
have been in the public schools of Montana; Provided, That
the state board of education shall have the power to add such
other studies to those enumerated in this section as they may
deem necessary. (Act approved March u, 1895).
650. (Sec. 1518.) Life diplomas may be issued upon all and
the same conditions as state diplomas, except that the appli-
cant must pass a satisfactory examination upon the rudiments
of 'botany, geology, political economy, zoology and general
history, and must furnish satisfactoiy evidence of having been
successfully engaged in teaching for at least ten years. ''Ten
years" shall be construed to mean ten years of not less than
seven months each ; that is, the applicant must have taught
some part of each year for ten years — not necessarily con-
secutive years — and in all seventy months, of which at least
twenty-one months must have been in the public schools of
Montana. (Act approved March n, 1895).
651. .(Sec. 1519.) Graduate of State Normal School. — A
state or life diploma may be granted to any graduate of the
state iiormal school of Montana, or of the state university of
Montana, when the said graduate furnishes satisfactory evi-
dence of having successfully taught, after graduation, a public
school in this state for sixteen school months. State or life
diplomas may be granted to graduates of other educational
institutions within or without the state, upon conditions;
established by the state board of education. (Act approved
March n, 1895).
652. Revocation of Diplomas. — Any State or Life Diploma
may be revoked 'by the state superintendent of public instruction
for incompetency or immoral conduct on the part of the holder
of it, or for any cause that would require the state 'board of
education to refuse to grant it if known at the time the diploma
was granted ; but, before any such revocation, the holder shall
be served with a written statement of the charges against him,
and shall have an opportunity for defense before said state
board of education. The state superintendent may grant a
temporary state certificate, at any time, to any teacher whose
experience, qualifications and credentials, in his opinion, entitle
such a teacher to either a state or life diploma in Montana.
STATE OF MONTANA. 17
Such temporary state certificate, however, shall be good and
valid in any county in the state only until the next regular
meeting of the state board of education ; provided, however,
that the holder of such certificate shall have it duly registered
in the office of the county superintendent of schools of the
county in which he is employed to teach before he begins teach-
ing, and, provided, also, that such teacher shall pay for such
registration, the sum of one ($1.00) dollar into the institute
fund of such county. (Act approved Fe'bruary 8, 1907). (loth
Sess. Chap. 9).
653. (Sec. 1521.) Expenses. — The members of said board
shall receive no compensation for their services, but shall be
allowed their actual traveling expenses incurred in 'attending
the meetings of the board, which expenses and all other ex-
penses, on the certificate of the secretary of the board, shall be
audited and approved by the state board of examiners, and
paid by warrant of the state auditor on the state treasurer.
(Act approved March n, 1895).
654. (Sec. 1522.) Membership. — The State board of educa-
tion shall consist of eleven members, of which number the gov-
ernor, state superintendent of public instruction and attorney
general shall be ex-officio members. (Act approved March i,
1893).
655. (Sec. 1523.) Appointment and Term. — The governor
shall appoint by and with the advice and consent of the senate
the remaining eight members of said board. The persons first
appointed under the provisions of this act, shall hold their
office for the following terms, viz : Two shall be appointed for
the term of two years from the first day of February, 1893 ;
two for the term of three years from the first day of Fe'bruary,
1893; two for the term of four years from the first day of
February, 1893; and two for the term of five years from the
first day of February, 1893. Their successors shall be appointed
for the term of four years, and until their successors are ap-
pointed and qualified. (Act approved March I, 1893).
656. (Sec. 1524.) Oath. — The persons so appointed as
members of the state board of education shall, before entering
upon the duties of their office, take and subscribe the consti-
tutional oath of office prescribed for civil officers, which shall
be filed in the office of the secretary of state. (Act approved
March i, 1893).
18 GENERAL, SCHOOL LAW
657. (Sec. 1525.) Officers. — The governor shall 'be the
president of said board, and the state superintendent of public
instruction shall be the secretary thereof. The state treasurer
shall be the treasurer of the board. (Act approved March I,
1893).
658. (Sec. 1526.) Quorum. — A majority of the said board
shall constitute a quorum for the transaction of business. (Act
approved March i, 1893).
659. (Sec. 1527.) Meetings. — The board shall hold semi-
annual meetings at the state capitol on the first Monday of
June and December in each year, and may hold special meet-
ings at any time and place they may direct. The president and
secretary of the board may also call meetings of said 'board
at any time and place, if in their judgment necessity requires
it. (Act approved March I, 1893).
660. (Sec. 1528). Powers and Duties. — The powers and
duties of said board shall be as follows:
1. They shall have the general control and supervision of
the state university and the various other state educational
institutions.
2. To adopt rules and regulations not inconsistent with the
constitution or laws of this state for its own government, and
proper and necessary for the due execution of the powers and
duties conferred upon them by law.
3. To prescribe rules and regulations for the government of
the various state educational institutions.
4. To grant diplomas to graduates of the state university
and other state educational institutions, upon the recommenda-
tion of the faculties thereof, and may confer honorary degrees
upon persons other than graduates, upon recommendations of
the faculty of any of said institutions.
5. To adopt and use in the authentication of its acts an
official seal.
6. To grant state diplomas, valid for six years, and life
diplomas.
7. To keep a record of the proceedings.
8. To make an annual report on or before the first day of
January, which shall be printed under the direction of the
board.
9. To receive from the state board of land commissioners or
other boards, or persons, or from the government of the United
STATE OF MONTANA.
States, any and all funds, incomes and other property to which
any of the said institutions may 'be entitled and to use and
appropriate the same for the specific purpose of the grant or
donation, and none other; and to have general control of ail
receipts and disbursements of any of said institutions. (Act
approved March i, 1893).
661. (Sec. 1529.) State Diplomas. — State diplomas may be
issued to such persons only as have a good moral character and
who have held for one year and still hold in full force and
effect a first grade county certificate, with the addition^ of
English literature and mental philosophy and who shall furnish
satisfactory evidence of having been successfully engaged in
teaching for at least five years. The term "five years" shall
be construed to mean, for five years of not less than seven
months each; that is the applicant must have taught a part of
each year for five years — not necessarily consecutive years —
and in all thirty-five months, of which at least twenty-one
months must have been in the public schools of Montana. (Act
approved March i, 1893).
662. (Sec. 1530.) Life Diplomas. — Life diplomas may be
issued upon all and the same conditions as state diplomas, ex-
cept that the applicant must pass a satisfactory examination
upon the rudiments of botany, geology, political economy,
zoology, and general history, and must furnish satisfactory evi-
dence of having been successfully engaged in teaching for at
least ten years. Ten years shall be construed to mean ten
years of not less than seven months each ; that is, the appli-
cant must have taught some part of each year for ten years
— not necessarily consecutive years — and in all seventy months,
of which at least twenty-one months must have been in the
public schools of Montana. (Act approved March i, 1893).
663. (Sec. 1531.) Graduate of State Normal School.— A
state or life diploma may be granted to any graduate of the
state normal school of Montana or of the state university of
Montana when the said graduate furnishes satisfactory evidence
of having successfully taught, after graduation, a public school
in this state for sixteen school months. State or life diplomas
may also be granted to graduates of other educational insti-
tutions within or without the state, upon conditions established
by said state board of education. (Act approved March i,
1893)-
20 GENERAL, SCHOOL LAW
664. (Sec. 1532.) Revocation of Diploma. — Any state or life
diploma may be revoked by the state superintendent for incom-
petency or immoral conduct but before any such revocation,
the holder shall be served with a written statement of the
charges against him, and shall have an opportunity for defense
before said state board of education. (Act approved March
I, 1893).
665. (Sec. 1533.) Expenses. — The members of said board
shall receive no compensation for their services but shall be
allowed their actual traveling expenses incurred in attending
the meetings of the board, which expenses and all other iex-
penses on the certificate of the secretary of the board, shall be
audited and approved by the state board of examiners, and
paid by warrant of the state auditor on the state treasurer.
(Act approved March I, 1893.)
HOUSE BILL 87.
An Act relating to qualifications of teachers and the granting
of teachers' certificates to graduates of the University of*
Montana.
Be It Enacted by the Legislative Assembly of the State of
Montana :
Section i. Any graduate of the University of Montana
shall, on the registry of his diploma together with his Uni-
versity Certificate of Qualification to Teach, in the office of the
State Superintendent of Public Instruction, be entitled to teach
in the high schools of the State of Montana without other or
further examination, for the term of five years after such
graduation, and every such graduate shall, on furnishing the
State Board of Education satisfactory evidence of having suc-
cessfully taught in high schools twenty-seven months, be en-
titled to have said diploma validated as a life diploma.
Section 2. The rules of the Faculty of the University of
Montana for the issuance of the University Certificate of
Qualification to Teach shall be submitted to the State Board of
Education for its sanction.
Section 3. All acts and parts of acts in conflict herewith are
hereby repealed.
Section 4. This act shall be in full force and effect from?
and after its passage.
Approved Feby. 23, 1911.
STATE OF MONTANA. 21
SENATE BILL 76.
State Board of Education.
Duties and powers of state board of education.
General contracts of state institutions enumerated.
To adopt rules and regulations for state educational institutions.
Text books.
Diplomas.
Honorary degrees.
Seal.
State and life diplomas.
Records.
Annual reports.
Appoint teachers as instructors in county institutes.
To have control of books, records and property of colleges and
institutions named.
Appoint the president and faculty of various state institutions1.
Proviso.
May confer certain powers on executive board of each state insti-
tution named in this Act.
Authority conferred on president and faculty.
Executive boards of institutions, how appointed.
Residence of executive boards.
Powers of executive boards.
Expenditures and contracts limited to ?250.
Vacancies in executive board, to be filled how.
Secretary of executive board, may act as treasurer. Not to be
member of Board.
Bond.
Amount of bond.
Treasurer of board the treasurer of the institution.
Meetings of executive board.
Statements and reports and contents thereof.
Statements may be called for by state board of examiners or
state board of education at any time.
Reports shall be in triplicate.
Duties of chairman and secretary of executive board.
Matron for state orphans' home.
Treasurer of executive board of agricultural college has authority
to receive from state treasurer certain United States apportionments.
How United States apportionments shall be expended.
Treasurer of Agricultural College, when to make detailed state-
ment.
Statement to be reported to secretary cf agriculture and secretary
of interior of United States and duplicate filed with state board of
examiners.
Other detailed statements.
Term of office of members of executive boards.
22 GENERAL, SCHOOL LAW
Proviso.
Oath of office.
Compensation.
Expenses.
Termination of term of office of executive boards, commissioners,
trustees and directors hitherto appointed.
State board of examiners shall have supervision and control of all
moneys appropriated or received, excepting those received from the
United States.
Other powers and duties' of state board of examiners.
Donations, grants and gifts, how made.
Revised Codes of 1907. Sections repealed.
An Act relating to the 'government, management, control and
finances of the University of Montana, Montana State Normal
School, Agricultural College of Montana, State Orphans'
Home, Montana State School of Mines, Montana School for the
Deaf and Blind, and State Reform School, and to repeal Sec-
tions 648, 672, 692, 693, 694, 695, 699, 700, 701, 703, 704, 707,
708, 735, 736, 737, 77*6, 1158, n59» Il6o> Il63> "65, 1251, 1252,
1253, 1254, 1255, 1256, 1257, 1258, 1262, 1263, and 1264, of the
Revised Codes of Montana of 1907.
Be it enacted by the Legislative Assembly of the State of
Montana :
Section i. The state board of education, as now created by
law shall have power and it shall be its duty:
1. To have the general control and supervision of the uni-
versity of Montana, Montana State Normal College, Agricul-
tural College of Montana, State Orphans' Home, Montana
State School of Mines, Montana School for the Deaf and
Blind, and State Reform School.
2. To adopt rules and regulations, not inconsistent with the
constitution arid the laws of this state, for its own government
and proper and necessary for the execution of the powers and
duties conferred upon it by law.
3. To provide, subject to the laws of the state, rules and
regulations for the government of the affairs of the state edu-
cational institutions named in this section.
4. To recommend to the legislature a uniform system of
text-books to be used in the public schools of this state.
5. To grant diplomas to the graduates of all state educa-
tional institutions, where diplomas are authorized or now grant-
ed, upon the recommendation of the faculties thereof, and may
confer honorary degrees upon persons, other than graduates,
STATE OF MONTANA. 23
upon the recommendation of the faculty of such institutions.
6. To adopt and use, in the authentication of its acts an
official seal.
7. To grant state diplomas valid for six years, and to gra'it
life diplomas.
8. To keep a record of its proceedings.
9. To make an annual report on or before the first day of
January in each year, which may be printed under the direc-
tions of the state board of examiners.
10. To appoint and commission experienced teachers as in
structors in county institutes.
11. To have, when not otherwise provided by law, contrDl
of all books, records, buildings, grounds and other property of
the institutions and colleges named in this section.
12. To choose and appoint a president and faculty for each
of the various state institutions named herein, and to fix their
compensation; provided, that the person selected and now act-
ing as the head of any of said institutions, and performing the
duties of the presiding offcer or college president, whether
designated as president, superintendent, director, or by any
other title or designation, shall hereafter be known and desig-
nated as president of such institution, and such president, as
well as the faculty of said institution, shall continue to hold
their respective positions in accordance with the terms and
conditions of their election or appointment.
13. To confer upon the executive board of each of said insti-
tutions such authority relative to the immediate control and
management, other than financial, and the selection of the
faculty, teachers and employees as may be deemed expedient and
may confer upon the president and faculty such authority relative
to the immediate control and management, other than financial
and the selection of teachers and employees as may by said
board be deemed for the best interest of said institution.
Section 2. There shall be an executive board, consisting of
three members, for each of said institutions, two of whom shall
be appointed by the governor, by and with the advice and con-
sent of the state board of education, and the president of such
institution shall be ex-officio member of said board and shall be
the chairman thereof. At least two of said members shall re-
side in the county where such institution is located. Said exec-
utive board shall have such immediate direction and control,
24 GENERAL SCHOOL LAW
other than financial, of the affairs of such institution as may be
conferred on such board by the state board of education, sub-
ject, always, to the supervision and control of said state board.-
Said executive boards shall also have and exercise power and
authority in contracting current expenses -and in auditing, pay-
ing and reporting bills for salaries, or other expenses incurred
in connection with such institutions, provided, the board of ex-
aminers may not limit the power of the executive board in mak-
ing expenditures or contracts which in no single instance or for
any single purpose does not exceed two hundred and fifty dol-
lars. All vacancies occurring in the membership of any of said
executive boards shall be filled by appointment by the governor^
which appointments shall be referred to the state board of edu-
cation at its first meeting thereafter for confirmation.
Section 3. The executive board of each of the institutions
named in section one of this act shall appoint a secretary of
said board, who may also act as treasurer of said board, and
who may or may not be a member of said executive board, and
such secretary and treasurer shall give bond with good and
sufficient surety, for the faithful performance of his duties as
such, and for the faithful accounting for and paying over to,
and for the use of, said college all moneys received by him as
treasurer. Said bond shall run to the state of Montana aii'L
shall be in such sum as may be designated by the state board
of examiners, and when executed shall be approved by said
state board of examiners.
Section 4. The treasurer of each executive board shall be
the treasurer of the institution.
Section 5. The executive board of each of said institutions
shall meet in regular session at least once in each quarter, and
monthly, or oftener, if the business of such institution requires
it.
Section 6. Each of such executive boards shall on or before
the first Monday in June of each year make a detailed state •
ment and report of all its transactions and of the condition of
the institution, including the number of teachers, professors,
and employes, with the salary or wages paid to each and a
detailed statement of all expenses and disbursements of such
institution, which report shall contain such other information
or recommendations as may be required by the state board of
examiners, or bv the state board of examiners and the state
STATE OF MONTANA. 25
board of education, and the state board of examiners or the
state board of education shall have authority to call for a
report and statement from such executive boards at any time
such board may deem it advisable. All such reports by such
executive boards shall be made in triplicate, one copy shall be
retained by such board, one copy shall be filed with the state
board of examiners and one copy with the state board of edu-
cation.
Section 7. The duties of the chairman and secretaries of eacti
of said executive boards shall be that usually performed by such
officers, or which may be designated by the state board of edu-
cation or the state board of examiners.
Section 8. The state board of education shall have authority
to employ, or to authorize the employment, of a matron for the
state orphans' home.
Section 9. The treasurer of the executive board of the agri-
cultural college of Montana shall have the authority to receive
from the treasurer of the state o«f Montana the cash appropria-
tion received from the United States by authority of the act of
congress of August 30, 1890, (26 Statutes at Large, page 417),
known as the second Morrill Act, and the act of congress of
March 4, 1907, (Statutes at Large, page 1281), known as the
Nelson Amendment. And such cash appropriation shall be
expended by the executive board of said agricultural college,
under the general ^supervision of the state board of education,
but only for the purpose for which the same is appropriated by
congress.
The treasurer o>f said executive board of said agricultural col-
lege shall also have the authority to receive all moneys appro-
priated by the act of congress of March 16, 1906 (34 Statutes at
Large, page 63), entitled, "An Act to provide for and increase
the annual appropriation for agricultural experiment stations,
and regulating the expenditure thereof, and such money shall be
expended by said executive board under the supervision and
direction and control of the state board of education in the man-
ner and for the purpose designated in said act of congress, and
as required by section 741 of the Revised Codes of Montana of
1907. The treasurer of the agricultural college of Montana
shall, on or before the first day of September of each year,
make a detailed statement of the amounts received and dis-
bursed under the provisions of the act of congress of August
26 GENERAL SCHOOL LAW
30, 1890, and of March 4, 1907, and shall report the same to
the secretary of agriculture of the United States and to the
secretary of the interior of the United States, as required by
said acts of congress, and shall file a duplicate thereof with the
state: 'board of examiners of the state of Montana on or before
the ioth day of September of each year. Said treasurer shall
also make a detailed statement of the amounts of money re-
ceived and disbursed under the act of congress of March 16,
1906, which report shall be filed with the state board of exam-
iners on or before the ioth day of September of each year, and
shall also make such reports to the officers or departments of
the United States as are now or may hereafter be required by
the laws of the United States.
Section 10. The ex-officio member of each of said executive
boards shall hold his office during his continuance as president
of such institution, and the two members appointed by the gov-
ernor shall hold office for the term of four years from and after
the third Monday in April, 1909, unless sooner removed by the
governor or by the state board of education ; provided, that of
the members of the executive board first appointed under the
provisions of this act, one shall be appointed for the term of
two years and one for the term of four years. Such members
shall qualify by taking and filing their oath of office with the
state board of education.
Section n. The members of each of the executive boards,
except the chairman, shall receive such compensation for their
services as shall be fixed by the state board of education, not
exceeding the sum of five dollars for each day actually spent
in the discharge of their official duties, and not exceeding the
sum of one hundred and twenty-five dollars in any one year
for each member, and such members shall also be reimbursed
from the amount appropriated by the legislature for the main-
tenance and support of such institutions all expenses necessarily
incurred by them in discharge of their official duties as mem-
'bers of said boards.
Section 12. That the term of office of all trustees, directors,
or members of any executive board or commission of any of
the institutions named in this act, heretofore appointed, elected
or serving as such trustees, directors or member of such exec-
utive boards or commissions, shall terminate upon the appoint-
ment and qualification of the members of the executive boards
STATE OF MONTANA. 27
created by this act, and such boards created hereby shall have
only such power and authority as is given under the provisions
of this Act.
Section 13. The state board of examiners of the state of
Montana shall have supervision and control of all expenditures
of all moneys appropriated or received for the use of said col-
leges from any and all sources, other than that received under
and by virtue of the acts of congress hereinbefore referred to,
and said state board of examiners shall let all contracts, approve
all bonds for any and all buildings or improvements, and shall
audit all claims to be paid from any moneys, other than that
received under and by virtue of the acts of congress herein
referred to, but said state board of examiners shall have auth-
ority to confer upon the executive boards of 'Such institutions
such power and authority in contracting current expenses and
in auditing, paying and reporting bills for salaries or other
expenses incurred in connection with said institution as may
be. deemed 'by said state board of examiners to be to the best
interests of said institutions.
Set ion 14. All donations, grants, gifts or devises made to
any of the institutions named herein shall be made to such in-
stitution in its legal name, and if made to any officer or boards
of such institution the same shall be immediately transferred
by such board or officer to such institution.
Section 15. That sections 648, 672, 692, 693, 694, 695, 699,
700, 701, 703, 704, 707, 708, 735, 736, 737, 776, 1158, 1159, 1160,
1163, 1165, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1262,
1263, and 1264, of the Revised Codes of Montana of 1907, and
all acts and parts of acts in conflict with this act be, and the
same are, hereby repealed.
Section 16. This act shall take effect and be in full force
from and after the I5th day of April, 1909.
.Approved March 4, 1909.
28 GENERAL SCHOOL LAW
CHAPTER II.
University of Montana.
Section 666. University of Montana established.
Section 667. Control and supervision of same.
Section 668. No person to use the name of the university of Mon-
tana.
Section 669. The university of Montana established.
Section 670. Government. Officers.
Section 671. Duty of s>tate board of education.
Section 673. Officers of university. Report.
Section 674. Objects of university.
Section 675. Course of study.
Section 676. Qualifications of students. Military instruction.
Section 677. Charges for tuition.
Section 678. Endowed professorships.
Section 679. Appropriations for support of university.
Section 680. Selection of site.
Section 681. State university bonds.
Section 682. Sale of bonds.
Section 683. Funds pledged as security.
Section 684. Disposition of proceeds of lands.
Sec-tion 685. Notice of sale of bonds.
Section 686. Use of proceeds of bonds.
Section 687. University building commission.
Section 688. State not liable on bonds.
666. (Sec. 1540.) University of Montana Established. — The
university of Montana is established and located at Missoul«,r
and has for its object, instruction and education in all the de-
partments of science, literature, art, industrial and professional
pursuits.
667. (Sec. 1541.) Control and Supervision of Same. — The
control and supervision of the state university is vested in the
state board of education, which must appoint a president and
faculty, and other necessary officers, agents, employes, pre-
scribe their powers and duties, and establish for the govern-
ment of the university, and for the instruction given therein,
such rules not inconsistent with the laws of the state, as may
be necessary.
668. (Sec. 1542). No Person to Use the Name of the Uni-
versity of Montana. — The state has exclusive right to the use
of the name "University of Montana," and no other institution
of learning, or corporation, must use the name of "University
of Montana," or "Montana University/' or like name, and the
attorney general is required to bring an action in the name of
STATE OF MONTANA. 29
the state against any person, association or corporation using
such of like name, for the purpose of dissolving the corpora-
tion, and recovering a sum not exceeding five hundred dollars,
nor less than one hundred dollars, which is hereby made the
penalty for the violation of the provisions of this section, from
the person or association using such name.
669. (Sec. 1543.) The University of Montana Established.
—There is hereby established in this state, at the city of
Missoula, an institution of learning under the name and style
of ''The University of Montana." (Act approved Feb. 17, 1893).
670. (Sec. 1544.) Government. Officers. — The government
of the university shall be vested in the state board of educa-
tion. The manner of their appointment, their powers, duties,
compensation and terms of office shall be as prescribed by law.
The state treasurer shall be the treasurer of said board, and
perform all the duties of -such office, subject to such regula-
tions as the state board may adopt, not inconsistent with his
official duties ; and he and his sureties shall be liable on his
official bond as state treasurer for the faithful discharge of such
duties. (Act approved Feb. 17, 1893).
671. (Sec. 1545.) Duty of State Board of Education. — The
state board of education shall have power, ajnd it shall be their
duty to enact by-laws for the government of the university in
all its departments ; to elect a president of the university and in
their discretion a vice-president, and the requisite number of
professors, instructors, officers and employes, and fix their
salaries and terms of each to determine the moral and edu-
cational qualifications of applicants for admission to the various
courses of instruction ; but no sectarian or partisan test shall
ever be allowed or exercised in the appointment of professors,
instructors, officers or employees of the university, or in the
admission of students thereto, or for any purpose whatever.
No instruction, either sectarian or religious or partisan in
politics, shall ever be allowed in any department in the uni-
versity. The state board of education shall have power to
regulate the course of instruction and prescribe the text books
and authorities to be used in all the departments, and may con-
fer such degrees, and grant such diplomas as are 'usual in uni-
versities; and may confer the usual honorary degrees
upon other persons than graduates of the university
in recognition of their learning, or devotion to literature.
30 GENERAL SCHOOL LAW
art or science, as may be recommended by the faculty of the
university. (Act approved- Feb. 17, 1893).
Section 673. Offiicers of the University. Report. —
The President of the University shall be the Presi-
dent of the general faculty, and of the special faculties of
the several departments or colleges and the executive head
of the institution in all its departments. As such officer he
shall have authority subject to the State Board of Education
to give general direction to the instruction of practical affairs,
and scientific investigations of the several colleges, and as long
as the interests of the institution requires it, he shall be charged
with the duties of one of the professorships. He shall perform
the duties of the corresponding secretary for the University.
He shall, annually, on or 'before the fifteenth -day of June in
each year, make a report to the State Board of Education,
showing in detail the progress and condition of the University
during the previous year, the number of professors and stu-
dents in the several departments and classes, the nature and
results of all important experiments and investigations and
such other matters, relating to the proper government, and
educational work of the institution as he shall deem useful. It
shall also be the d.uty of said president to furnish any special
report when required to do so by the State Board of Education
or by the Legislature.
Approved Feb. 23, 1911.
674. (Sec. 1584.) Objects of University. — The object of
the university of Montana shall be to provide the best and most
efficient manner of imparting to young men and women, on
equal terms, a liberal education and thorough knowledge of the
different 'branches of literature, science and arts, with the varied
applications, and to this end there shall be established the fol-
lowing colleges or departments, to-wit:
1. A preparatory department.
2. A department of literature, science and the arts.
3. Such professional and technical colleges as may from
time to time, be added thereto or connected therewith. The
preparatory department may be dispensed with, at such rate
and in such wise as may seem just and proper to the state
board of education. (Act approved Feb. 17, 1893).
675. (Sec. 1549.) Course of Study. — Such duties or courses
of instruction shall be pursued in the preparatory department as
STATE OF MONTANA. 31
shall best prepare the student to enter any of the regular col-
leges or departments of the university. The college or depart-
ment of literature, science and the arts shall embrace courses of
instruction in mathematical, physical and natural sciences, with
their application to the industrial arts; a liberal course of in-
struction in the languages, literature, history and philosophy,
and such other branches as the state board of education may
prescribe. And, as soon as the income of the university will
allow, and in such order as the demands of the public seem tj
require, the said courses of instruction in the sciences, literature
and the arts shall be expanded into distinct colleges or depart-
ments of the university, each with his own faculty and appro-
priate title. (Act approved Feb. 17, 1893).
676. (Sec. 1550.) Qualifications of Students. Military In-
structions.— The university shall be open to students of::both
sexes, under such regulations and restrictions as the state
board of education may deem proper. All able-bodied male
students of the university may receive instruction and discipline
in military tactics, the requisite arms of which shall be fur-
nished by the state. (Act approved Feb. 17, 1893).
667. (Sec. 1551.) Charges for Tuition. — Tuition shall ever
be free to all students who shall have been residents of the state
for one year next preceding their admission, except in the law
and medical departments, and for extra studies. The state
board of education may prescribe rates for tuition for any- stu-
dent in the law or medical departments, or who shall not have
been a resident aforesaid, and for teaching such studies. .(Act
approved Feb. 17, 1893).
678. (Sec. 1552.) Endowed Professorships. — Any person
contributing a sum not less than fifteen thousand dollars shall
have the privilege of endowing a professorship in the university
or any department thereof, the name and object of which shall
be designated by the state board of education. (Act approved
Feb. 17, 1893).
679. (Sec. 1553.) Appropriations for Support of University.
—For the support and endowment of the university there is
annually and perpetually appropriated:
1. The university fund income, and all other sums of money
appropriated by law to the university fund income.
2. All tuition and matriculation fees. •
32 GENERAL SCHOOL LAW
3. All such contributions as may be derived from the public
or private bounty.
The entire income of all such funds shall be placed at the dis-
posal of the state board of education, by transfer to the treas-
urer of said board and to be kept separate and distinct from the
accounts of the state, and all other furids, and to be used solely
for the support of the aforesaid colleges and departments of the
university or connection therewith. But all means derived from
other public or private bounty shall be exclusively de-voted co
the specific objects for which they shall have been designated
by the donor. (Act approved Feb. 17, 1893).
680. (Sec. 1554.) Selection of Site. — It shall be the duty
of the state board of education within ninety days from the
date of the passage of this act if then organized, but if not
organized then within ninety days from the organization of the
said board, to select the site for the definite and permanent
location of said university of Montana, which site shall be
within three miles of the city limits of the city of Missoula; and
they shall, at once, take steps or proceedings for procuring the
title to the tract or tracts of land so selected by them, and they
may, and are hereby empowered to enter into contracts, in the
name of the State of Montana for the purchase of said tract cr
tracts of land so selected, and may execute such obligations for
the payment of the same as will mature when the probable
income of the university fund will pay for the same. The state
board of education are hereby authorized and empowered to
accept, in the name of the State of Montana, such gifts of land
and moneys as may be tendered for a university site or to aid
in the purchase of said site ; and they shall take the proper and
necessary conveyances of said tract or tracts of land in the
name of the state ; Provided, That if such gifts consist of
money only or money and land, and the land be not sufficient
in amount or not appropriate for a university site, then they
shall appropriate such gifts to the payment of said site, and
if there be a surplus the same to become a part of the university
ftind ; Provided, That said tract of land shall not be less than
forty acres in extent. (Act approved Feb. 1,7, 1893).
681. State University Bonds. — The state board of land com-
mis'skmers of the State of Montana is hereby authorized to
issue bonds to the amount of one hundred thousand dollars
($100,000), the minimum denomination of which shall be fifty
STATE OF MONTANA. 33
dollars ($50.00) and the maximum shall be one thousand dol-
lars ($1,000.00) each ; said bonds to be known as the state
university bonds, which shall bear date of July i, 1897, to be-
come due thirty (30) years after date and payable after twenty
(20) years after date thereof; said bonds shall bear interest at
the rate of not more than six (6) per cent per annum payab1e
semi-annually on the first day o<f January and July of each year
at the office of the state treasurer of the State of Montana;
said bonds shall run from the state board of land commis-
sioners of the State of Montana to bearer, and shall be signed
by the state board of land commissioners and countersigned
by the secretary of state, who shall attach his seal thereto.
(Act approved March 4th, 1897, Sec. i). (5th Ses. 58-9).
State v. Collins, 21 Mont. 148; 53 Pac. 1114. A warrant drawn
by the land commissioners in favor of a contractor could
not be passed on by the state board of examiners; the
university bond fund is a trust fund, different from one
arising from taxation, and not a fund over which said
board has control.
682. Sale of Bonds. — The bonds provided for in the first
section of this Act shall be issued and sold as soon as possible
after the passage of this Act. (Act approved March 4th, 1897,
Sec. 2). (5th Ses. 59).
683. Funds Pledged as Security. — All funds realized from
the sales of licenses to cut trees, leasing of said lands, or from
the profits arising from the permanent fund to be created, as
provided for by section 14 of an act of congress, approved
February 22, 1889, entitled "An Act to provide for the division
of Dakota, into two states, and to enable the people of North
Dakota, South Dakota, Montana and Washington to form con-
stitutions and state governments, and to be admitted into the
Union on an equal footing with the original states and to make
donations of public lands to such states" (said land being forty-
six thousand and eighty (46,080) acres, granted to the territory
of Montana by the Act of February 18, 1881, and vested in the
State of Montana by the Act of February 22, 1889) for the estao-
lishment and maintenance of a university; are here'by pledged as
security for the payment of the principal and interest of the
bonds authorized by this Act, and all revenue or profits derived
from the said lands or said permanent fund to be created, or
any of them, whether on account of lease, sales of licenses to
cut trees, or otherwise, are hereby set apart and shall consti-
tute a fund for the payment as hereinafter provided of the prin-
34 GENERAL SCHOOL LAW
cipal and interest of the said bonds, which bonds shall be a
first lien on said university bond fund. (Act approved March
4th, 1897, Sec 3). (5th Sess. 59).
684. Disposition of Proceeds of Lands. — It shall be the duty
of the state treasurer to keep all moneys derived from the uni-
versity lands hereinbefore mentioned in separate fund, to be
known and designated as the university bond fund and out of
the moneys of such fund, he shall pay after approval by the
state board of examiners:
First: The cost and expenses of issuing of the bonds herein
provided for.
Second : The interest on the bonds herein authorized when
due, and
Third : When bonds shall become payable, he shall call in
and pay them as rapidly as the moneys in such fund will permit
after providing for the interest. That in the event there shall
not be sufficient funds in the university bond fund to pay the
interest when due, the state board of examiners shall, by an
order entered upon their minutes cause warrants to be issued
on the university bond fund for the amount of the interest due,
and the warrants so issued shall draw interest at the rate of six
(6) per cent per annum, and said warrants shall be paid by the
treasurer as soon as sufficient funds accumulate in said fund tj
pay the same, and by reason of the delivery of the said war-
rants to the holders of the said bonds in satisfaction of the
accrued interest, there shall be no default in the payment of the
interest. (Act approved March 4th, 1897, Sec. 4). (5th Sess.
59-60).
685. Notice of Sale of Bonds.— It shall be the duty of the
state treasurer to give notice, by advertising for not less than
two (2) weeks daily in one newspaper, published in the city
of Helena, Montana, and in one newspaper published in the city
of New York that he will on April 5th, 1897, sell one hundred
thousand dollars ($100,000.00) of the bonds herein authorized
and will receive bids therefor and said bonds shall on said day
be by him sold to the highest bidder ; Provided, that the state
board of education shall open all bids and shall have the right
to reject any or all bids. If no bids are then received and ac-
cepted said bonds may then be sold afterwards at private sale,
provided however, that none of the said bonds shall at any time
be sold at less than par. (Act approved March 4th, 1897, Sec.
STATE OF MONTANA. 35
5). (5th Sess. 60).
686. Use of Proceeds of Bonds. — The moneys derived from
the sale of the said bonds shall be used to erect, furnish and
equip buildings for the use and benefit of the University of
Montana at the city of Missoula in said state, and shall by the
state treasurer be paid out on the warrants of the building
commission of said university as hereafter provided. (Act ap-
proved March 4th, 1897, Sec. 6). (5th Sess. 60).
687. University Building Commission. — There is hereby
created a building commission to be composed of five persons
to be appointed by the governor of the state, no more than two
of whom shall be of the same political party and all residents
of the city of Missoula, who shall serve without compensation,
whose duty it shall be to contract for the erection and furnish-
ing of suitable buildings for the use and benefit of the Uni-
versity of Montana. The said commission shall have charge
and supervision over the construction of said buildings and all
things pertaining thereto; and shall have authority from time
to time to draw their warrants on the treasurer of the State
of Montana for such sum or sums as may be due any con-
tractor or employee engaged in and about the erection of the
said buildings which warrants shall be paid by the said treas-
urer out of any funds in his hand arising from the sale of bonds
provided for in this act. Said building commission is hereby
authorized to employ an architect and such other assistants as
it may deem necessary in preparing the plans, specifications and
superintending the construction of said building and the ex-
pense thereof shall be paid out of the funds as hereinbefore pro-
vided for the erection of said buildings, provided that all archi-
tects, superintendents and contractors shall be citizens of the
State of Montana. Said commission shall make report from
time to time, to the stated meetings of the state board of edu-
cation, of the progress of said work and the expenditures there-
of. (Act approved March 4th, 1897, Sec. 7). (5th Sess. 60-1).
688. State Not Liable on Bonds.— The State of Montana
shall in no wise be held liable for the payment of the bonds
herein authorized or interest thereon. (Act approved March
4th, 1897, Sec. 8). (5th Sess. 61).
36 GENERAL, SCHOOL LAW
HOUSE BILL 96.
"An Act to Create and Establish a Law School at Missoula
to be Conducted and Operated as a Department of the Uni-
versity of Montana, to Provide a Name and to Make an Appro-
priation Therefor/'
Be it Enacted by the Legislative Assembly of the State of
Montana:
Section i. There is hereby created and established in this
State and located in the City of Missoula, a Law School, as a
Department of the University of Montana.
Section 2. That said Law School, shall be known and desig-
nated as "The Law Department of the University of Mon-
tana."
Section 3. The State Board of Education, is hereby em-
powered and given authority to make all necessary rules and
regulations with reference to the conduct and management of
the said Law School ; to map out and provide for the courses of
study to be pursued by students attending said Law School ; to
obtain and provide for necessary quarters, equipment and books
therefor, and to retain and hire the necessary professors and
instructors to i/ struct the students therein.
Section 4. The suaa of six thousand dollars ($6,000.00) is
hereby appropriated for the maintenance and conduct of the
said Law School to February 28, 1912, which money shall be
used exclusively for the benefit of said Law School.
Section 5. The sum of six thousand dollars ($6,000.00) is
hereby appropriated for the maintenance and conduct of said
Law School to February 28th, 1913, which money shall be used
exclusively for the benefit of said Law School.
Section 6. This act shall be in full force and effect from
and after its passage and approval by the Governor.
Approved February 17, 1911.
STATE OF MONTANA.
37
CHAPTER III.
School of Mines.
School of mines established.
Section 690., Control and management.
Section 691. School of mines established.
Object of school.
Si'te, appliances.
Qualifications of students.
Location of school lands.
Fees of professors.
Section 706. Debt prohibited.
Section 709. State school of mines building commission.
Member of commission not to be interested in con-
tracts.
Compensation and expenses of members.
Plans for buildings.
Bids and contracts for buildings.
Commissioners may employ architect.
Auditing and payment of claims.
Equipment of school.
Disposal of buildings when completed.
Records of commission.
School of mines building fund; bonds.
Section 720. Disposition of bonds.
Section 721. Creation of interest and sinking fund.
Investment of sinking fund.
Reimbursement of general fund.
State treasurer as custodian of fund.
Disposition of proceeds of bond sale.
Call of bonds for payment.
Expense of issuance of bonds.
Warrants for interest.
State liable only 10 extent of lien on lands.
(Sec. 1570.) School of Mines Established. — A school of
mines of Montana is hereby established and located at Butte,
and has for its object instruction and education in chemistry,
metallurgy, mineralogy, geology, mining, milling, engineering,
mathematics, mechanics, drawing, the laws of the United States,
and of the state in reference to mining and the rights and
duties of citizens in relation thereto. Such school of mines
may be connected with the state university under such regula-
tions as the state board of education may prescribe.
690. (Sec. 1571.) Control and Managament. — The control
and supervision of such school is vested in the state board
of education, which may prescribe all necessary rules therefor.
Section 689.
Section 696.
Section 697.
Section 698.
Section 702.
Section 705.
Section 710.
Section 711.
Section 712.
Section 713.
Section 714.
Section 715.
Seotion 716.
Section 717.
Section 718.
Section 719.
Section 722.
Section 723.
Seotion 724.
Section 725.
Section 726.
Section 727.
Section 728.
Section 729.
33 GENERAL, SCHOOL LAW
691. (Sec. 1572). School of Mines Established.— The state
school of mines is hereby established and declared to be a body
corporate under the name of "Montana State School of Mines"
and by that name may sue and be sued, may take and hold real
or personal property by gift, bequest^ devise, or purchase from
the state, and may dispose of the same when authorized so r.o
do by law. (Act approved Feb. 17, 1893).
State Bank vs. Barret, 25 Mon't. 114; 63 Pac. 1030.
696. (Sec. 1577.) Object of School. — It shall be the object
of such school of mines to furnish facilities for the education of
such persons as may desire to receive special instruction in
chemistry, metallurgy, mineralogy, geology, mining, mining
engineering, mathematics, mechanics and drawing. (Act ap-
proved Feb. 17, 1893).
697. (Sec. 1578.) Site, Appliances. — The said board of
trustees are hereby authorized to procure a suitable site at or
near the city of Butte, in the county of Silver Bow and the
State of Montana, for said school of mines, as hereinafter set
out, and to erect suitable buildings thereon, and to procure
such machinery and other appliances as may be necessary to
carry out the object and intention of such institution and to
promote the welfare thereof, whenever the funds provided for
the establishment of said school of mines will warrant the same.
(Act approved Feb 17, 1893).
698. (Sec, 1579.) Qualification of Students.— 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 students from other states
or territories may receive an education thereat, upon such terms
and at such rates of tuition as the board may prescribe. (Act
approved Feb. 17, 1893).
702. (Sec. 1583.) Location of School Lands. — The state
board of land commissioners are hereby authorized and required
to locate all the lands that have been donated by the United
States to the State of Montana for the establishment and main-
tenance of a school of mines and report to the next legislative
assembly the number of acres so located, where situated, and
the character and estimater value, and shall make a similar
report on or before the next meeting of the legislative assembly
to the board of trustees of the school of mines, and also to the
state board of education. (Act approved Feb. 17, 1893).
STATE OF MONTANA. 39
705. (Sec. 1587.) Fees of Professors. — It shall be lawful
for 'the professor or president of the school of mines, who shall
be appointed by the said board of trustees, to charge and col-
lect such reasonable fees for any and all essays, and analysis
made by them, as the said board may prescribe, an account of
which shall be kept by said president and paid over monthly
to the treasurer of said school of mines, which shall become
part of the school of mines fund. (Act approved Feb. 17,
1893).
706. (Sec. 1588.) Debt Prohibited.— The board of trustees
are 'hereby prohibited from creating any debt as against 'the
school of mines, building, machinery, or appliances, or in any
manner incumbering the same, or of incurring any expense be-
yond their ability to pay from the annual income of the school
of mines for the current year. (Act approved Feb. 17, 1893).
709. (Sec. 1591). State School of Mines Building Commis-
sion.— For the purpose of erecting, furnishing and equipping
buildings for the state school of mines at Butte City, Montana,
there is hereby created a board to be known as the state school
of mines commission. Said commission shall consist of five
members, each a qualified elector, and not more than three be-
longing to any one political party, all of whom shall be forth-
with appointed by the governor, by and with the advice and
consent of the senate, and shall hold office until said buildings
have been erected and equipped and accepted by the state as
hereinafter provided, su'bject to removal by the governor, and
each of whom s!hall forthwith give bond with two sureties, to
be approved by the governor, in the sum of two thousand dol-
lars, conditioned for the faithful performance of their duties.
Vacancies in said board shall be forthwith from time to time
filled by the governor, and three of said board shall constitute
a quorum, with power to act, and the official place of busi-
ness of said board at Butte City, Mont. (Act approved March
7, 1895)-
State Bank v. Barret, 25 Mont. 114; 63 Pac. 1030.
710. (Sec. 1592.) Member of Commission not to be Inter-
ested in Contracts. — No member of the board shall be in any
manner interested with any building contractor or shall sub-
mit any bid for the erection or the furnishing of said buildings,
neither shall he receive any commission, rebate, bonus, division
of proceeds, or any other pecuniary advantage whatever In
40 GENERAL SCHOOL LAW
connection with said office, save the compensation hereinafter
provided. (Act approved March 7, 1895).
711. (Sec. 1593.) Compensation and Expenses of Members.
— Each mem'ber of the board shall receive five dollars per day
for each and every day the board is actually and necessarily
assembled in the performance of its official duties, together
with his actual traveling expenses paid in going to and from
his home to attend the session or sessions of the board. (Act
approved March 7, 1895).
712. (Sec. 1594). Plans for Buildings. — The state 'board of
commissioners for the school of mines so appointed, are hereby
authorized and directed to prepare plans and specifications for
the erection of buildings for the said state school of mines
not to exceed the amount of one hundred thousand dollars.
(Act approved March 7, 1895).
State Bank v. Barret, 25 Mont. 114; 63 Pac. 1030.
713. (Sec. 1595.) Bids and Contracts for Buildings. — When-
ever the provisions of the preceding section have been fully
complied- with, the board of commissioners for the state school
of mines shall advertise in not more than four nor less than two
daily newspapers printed in the state, two of which must be in
the county of Silver Bow, once each week for four consecutive
weeks, a notice that it will receive sealed proposals and bids to
construct such buildings on the site heretofore selected and in
accordance with the plans and specifications so adopted by the
commissioners for the state school of mines, reserving, how-
ever the right to reject any and all bids and advertise anew.
The board must let the contract for the construction and
erection of such building or buildings to the lowest responsible
bidder, and the Contractor or contractors shall execute a good
clnd sufficient bond in double the amount of his or their lbids
to perform such contract for the construction and erection of
such building or buildings in conformity with the plans and
specifications aforesaid, which bond shall run to the State of
Montana and be approved by the board of the school of mines
commissioners. (Act approved March 7, 1895).
State Bank v. Barret, 25 Mont. 115; G'J Pac. 1030.
714. (Sec. 1596.) Commissioners May Employ Architect. —
The board of school of mines commissioners are hereby author-
ized to employ an architect and such assistants as it may deem
necessary in preparing the plans and specifications for said
STATE OF MONTANA. 41
building or buildings, and the expense thereof shall be paid out
of the funds as hereinafter provided for the erection of said
building or buildings. (Act approved March 7, 1895).
715. (Sec. 1597.) Auditing and Payment of Claims. — Ail
claims for the erection of said building or buildings shall be
first approved by the school of mines commissioners and audit-
ed and allowed by the state board of examiners, and paid in the
same mode and manner as claims against the state are paid;
Provided, however, that such claims shall be paid out of the
respective funds designated in this act, against which they may
be chargeable. (Act approved March 7, 1895.)
State Bank v. Barret, 25 Mont. 115; 63 Pac. 1030.
716. (Sec. 1598.) Equipment of School. — Upon completion
and acceptance of the buildings mentioned in this act, the board
of school of mines commissioners shall equip and furnish said
institution with supplies and apparatus as may be actually
necessary in carrying on such institutions; Provided, however,
that -the amount so expended shall not exceed the sum of fifteen
thousand dollars. (Act approved March 7, 1895.)
717. (Sec. 1599.) Disposal of Buildings When Completed.
—Immediately upon the furnishing of such institution the state
board of school of mines commissioners shall turn over to the
state board of education all such buildings to be used there-
after solely and exclusively for the purposes for which they
were created and established. (Act approved March 7, 1895).
718. (Sec. 1602.) Records of Commission. — The board shall
keep a written record of all its official actions, and on the
completion of its official functions said record shall be deliv-
ered by the governor to the secretary of state, who s'hall there-
after be the legal custodian thereof. (Act approved March 7,
1895).
719. School of Mines Building Fund; Bonds. — The board of
sc'hool of mines commissioners and the state board of land
commissioners of the State of Montana are hereby authorized
to issue and dispose of bonds for the purpose of erecting a
building to be known as the "School of Mines Building" to be
located in the city of Butte, Montana, under the following con-
ditions and restrictions, to-wit:
First : The aggregate amount of bonds authorized by this
Act shall not exceed the sum of one hundred and twenty thou-
sand dollars ($120,000).
42 GENERAL SCHOOL LAW
Second : The denomination of each bond shall be one hun-
dred dollars, or any multiple thereof, but the maximum amount
of any bond shall not exceed the sum of one thousand dollars.
Third : The term of said bonds shall not exceed thirty years
from their date, and they shall be payable at any time after
fifteen years from their date at the option of the issuers.
Fourth: The bonds may bear any rate of interest not in
excess of six per centum per annum, and the interest may be
payable semi-annually.
Fifth : The principal and interest shall be payable at sucn
place and in such manner as is designated in the bond.
Sixth : The board of school of mines commissioners and the
state board of land commissioners shall prescribe the form of
the bond, the bonds shall bear upon their face the words
"School of Mines Building Bond of the State of Montana" and
they s'hall be signed by the members of the board of school
of mines commissioners and the state board of land com-
missioners and shall be countersigned by the secretary and
treasurer o*f the state and the seal of the state, shall be affixed
to each bond, and the bonds shall be registered in the office of
the state treasurer.
Seventh : The coupons representing the interest on the
bonds shall be signed by the state treasurer,- or an engraved or
lithographic fac-simile of the signature of the treasurer may be
affixed thereto provided it is so authorized in the bond. (Act
approved March 8th, 1897, Sec. i.) (5th Sess. 124-5).
720. Disposition of Bonds. — The bonds provided for in this
Act shall be disposed of by the board of school of mines com-
missioners and the state board of land commissioners in such
a manner as they shall deem it for the best interests of the
state ; Provided, that no bond shall be disposed of for less than
its par value. (Act approved March 8th, 1897, Sec. 2.) (5th
Sess. 125).
721. Creation of Interest and Sinking Fund. — To provide
for the payment of the interest and principal of the bonds
authorized by this act, there is hereby created a special fund to
be known as "The School of Mines Building Interest and Sink-
ing Fund/' into which shall be paid all sums of money realized
from sales of lands, licenses to cut trees, leasing of lands, pro-
fits of any and all other sources by reason of the grants of
lands by Congress to the State of Montana for the establish-
STATE OF MONTANA. 43
ment and maintenance of a school of mines, as provided by
sections 12 and 17 of an act of the United States Congress
entitled "An Act to provide for the division of Dakota into two
states, and to enable the people of North Dakota, South Dakota,
Montana, and Washington to form constitutions and state gov-
ernments, and to be admitted into the Union on an equal foot-
ing with the original states, and to make donations of public
lands to such states,'' approved February 22nd, 1889, and from
said ''School of Mines Building Interest and Sinking Fund'''
there shall, as the same become due and payable, be paid the
interest on said bonds and it is further provided, that it is the
duty of the ''State Board of Land Commissioners" whenever
there are any funds in. the said "School of Mines Building Inter-
est and Sinking Fund" over and above the sum of twenty-five
hundred dollars in excess of the amount required to pay the
yearly interest on said bonds, to invest such excess funds in
the manner set forth and provided in section 4 of this acr,
and the amount so invested shall constitute a permanent fund
to pay the principal of the said bonds ; but all interest or
profit derived from the investment shall be paid into the said
"School of Mines Building Interest and Sinking Fund'' and the
principal and interest of the said bonds shall be a first lien upon
said funds and all the lands granted and belonging to the state
for the purpose of establishing and maintaining a school of
mines. (Act approved March 8th, 1897, Sec. i.) (5th Sess.
125-6).
722. Investment of Sinking Fund. — The state board of land
commissioners are hereby authorized and directed to create a
permanent fund for the payment of the bonds authorized by this
Act, from the following revenues, to-wit : Whenever the rev-
enues in any year are sufficient to pay the interest on the said
bonds and there shall be in excess thereof the sum of twenty-
five hundred dollars, then any and all funds over and above
the said sum of twenty-five hundred dollars s'hall be invested
for the benefit of the "School of Mines Building Interest ana
Sinking Fund" as follows, to-wit :
First: In the bonds authorized by this act, provided they
can be purchased at a cost not exceeding their par value and ac-
crued interest.
Second: In any legally issued bonds of any county, school
district, city or town of the State of Montana, provided they
44 GENERAL SCHOOL LAW
i
can be purchased at a cost not exceeding their par value and
interest.
Third : In any legally issued general fund warrants of the
State of Montana, or any legally issued warrants of county, city,
or town of the State of Montana, provided they can be pur-
chased at a cost not exceeding their par value and ac-
crued interest; and the said bo'ard of land commissioners are
hereby granted discretionary power in the selection and pur-
chase of the securities hereinbefore described, as to the amount
of each they shall purchase and conditions of general credit
affecting the same. (Act approved March 8th, 1897, Sec. 4).
(5th Sess. 126).
723. Reimbursement of General Fund.— It is hereby pro-
vided and set forth, that in the event the State of Montana
shall at any time provide and pay the interest, or any part
thereof, on the bonds authorized by this act, from the general
fund of the state, or by any special appropriation made or tax
levied therefor, then for any and all interest so paid, the state
shall be reimbursed from the said /'School of Mines Building
Interest and Sinking Fund" by the payment of the amount so
paid or due, whenever there is sufficient money in said "School
of Mines Building Interest and Sinking Fund" to pay the same.
(Act approved March 8th, 1897, Sec. 5). (5th Sess. 126).
724. State Treasurer as Custodian of Fund. — The state treas-
urer is hereby designated as the custodian of the funds pro-
vided by this Act and he shall pay all warrants properly draw;i
by the "Board of School of Mines Commissioners" save ana
excepting as to the interest on the bonds, which he shall pay
as the same becomes due and charge the amount thereof to the
"School of A Fines Building and Interest Sinking Fund" herein-
before created. (Act approved March 8th, 1897, Sec. 6). (5th
S'ess. 126-7).
725. Disposition of Proceeds of Bond Sale. — All moneys re-
ceived from the sale of the bonds authorized by this act shall
be paid to the state treasurer, and shall constitute a special fund
for the erection of the "School of Mines Building," and shall be
disbursed by the state treasurer on warrants properly drawn by
the "Board of School of Mines Commissioners" and including
all warrants heretofore drawn by the "Board of School of Mines
Commissioners" and registered prior to the passage of this act.
(Act approved March 8th, 1897, Sec. 7). (5th Sess. 127).
STATE OF MONTANA. 45
726. Call of Bonds for Payment. — Whenever any of the
bonds authorized by this act shall become due and payable,
and there is sufficient funds to pay the same, they shall be
called in and paid in the order of their issuance, beginning with
the lowest number. (Act approved March 8th, 1897, Sec. 8).
(5th Sess. 127).
727. Expenses of Issuance of Bonds. — The cost and expenses
of issuing the bonds hereinbefore authorized may be paid out
of the proceeds thereof, or be chargeable to the expense of the
construction of the building. (Act approved March 8th, 1897,
Sec. 9). (5th Sess. 127).
728. Warrants for Interest. — In the event there shall not at
any time be sufficient money in the "School of Mines Building
Interest and Sinking Fund'' to pay the interest when due, tht
state board of land commissioners and the board of school ot
mines commissioners shall, by an order entered on their min-
utes or record books, cause warrants to be issued on the said
"School of Alines Building Interest and Sinking Fund" for the
amount of interest due, and the warrants so issued shall be
registered in the office of the treasurer of the state, and shall
bear interest at the rate of six per centum per annum, and said
warrants shall be paid by the state treasurer whenever there
is sufficient money accumulated in said fund to pay the same,
and by reason of the delivery of said warrants to the holders of
said bonds and the surrender of the interest coupons, there shall
be no default in the payment of interest. (Act approved March
8th, 1897, $ec- IO)- (5th Sess. 127).
729. State Liable Only to Extent of Lien on Lands. — Noth-
ing in this Act shall be so construed as to in any wise hold the
state of Montana liable for the payment of the bonds herein
authorized, except as to the lien heretofore created against the
lands and funds granted for the purpose of establishing and
maintaining the school of mines and which lien shall not be
abridged, annulled or set aside until the bonds authorized by
this act shall have been fully paid, together with the interes-t
thereon and the governor is hereby specially authorized and
empowered to use all lawful means to enforce the provisions of
this Act. (Act approved March 8th, 1897, Sec. n.) (5th Sess.
127-8).
4G
GENERAL SCHOOL LAW
CHAPTER IV.
Agricultural College of Montana.
Section 730. Agricultural college established.
Section 731. Control and management.
•Section 732. Establishment and location.
Section 733. Selection of site.
Section 734. Control of college.
Section 738. Agricultural experiment station.
Section 739. Management of station.
Section 740. Acceptance of grant.
Section 741. Designation of station as beneficiary-
Section 742. Montana agricultural college bonds.
Seciton 743. Date of issuance and sale of bonds.
Section 744. Security for payment of bonds.
Section 745. Agricultural college bond fund.
Section 74G. Advertisement of sale of bonds.
Section 747. Disposition of proceeds of bonds.
Section 748. Erection and furnishing of buildings.
Section 749. State not liable on bonds.
Section 750. Refunding bonds.
Section 751. Sale of bonds.
Section 752. Security for payment of bonds.
Section 753. Duties: of state treasurer.
Section 754. Sale of bonds. Notice.
Section 755. Disposition of proceeds.
Section 756. Establishment of experimental
culture.
Section 757. Billings experimental station.
Section 758. Same. Work of stub-station.
Section 759. Lands for sub-station.
Section 760. Governor and secretary of state to select site.
Section 761. Use of Bozeman funds prohibited.
Section 762. State board of land commissioners may sell lands.
Section 763. Experimental sub-station located in Fergus county.
Section 764. Authority of governor to accept site.
Section 765. Acceptance of donations of money and material.
Section 766. State entomologist of Montana.
Section 767. Duties of state entomologist.
Section 768. Annual report.
Section 769. Expenses.
730. (Sec 1620.) Agricultural College Established. — The
agricultural college of Montana is established and located at
Bozeman, and has for its object instruction and education in
the English language, literature and mathematics, civil and
mechanical engineering, agricultural chemistry, animal and
vegetable anatomy and physiology, the veterinary art, entomol-
su'b-station in horti-
STATE OF MONTANA. 47
°§y> ge°l°gy and such other natural sciences as may be pre-
scribed by the state board of education, political, rural and
household economy, agricultural, horticultural, moral phil-
osophy, history, bookkeeping and especially the application of
science and the mechanical arts to practical agriculture 'in the
field and irrigation and the use of water for agricultural pur-
poses. Such agricultural college may be connected with the
state university, under such regulation as the state board of
education may prescribe.
731. (Sec. 1621.) Control and management. — The control
and supervision of such college is vested in the state board
of education, which may prescribe all rules therefor.
732. (Sec. 1622.) Establishment and Location. — The agri-
cultural college of the State of Montana is established and
located at the city of Bozeman, or within three miles of the
corporate limits of said city, upon such tract, or tracts of landj
conforming in the aggregate not less than eighty acres, and as
much more as shall be selected by the state board of education,
as hereinafter . provided ; and said college has for its leading
objects and purposes, without excluding other scientific classi-
cal studies, and including military tactics, to teach such
branches of learning as are related to agriculture and the
mechanic arts, in such manner as the state board of education,
and any subordinate boards by such state board appointed,
may prescribe. (Act approved Feb. 16, 1893).
733. (Sec. 1623.) Selection of Site. — It shall be the duty of
the state board of education, within ninety days from the date
of the passage of this act, if then orgranized but if not organj
ized then within ninety days from the organization of the said
board, to select the site for the definite and permanent location
of said agricultural college of Montana and agricultural experi-
mental station, which site shall be at the city of Bozeman, or
within three miles of the corporate limits of said city of Bozo-
man ; and said state board of education shall at once take
steps or proceedings for procuring the title to the tract or
tracts of land so selected by them, and they may, and are
hereby empowered to enter into contracts in the name of the
State of Montana, for the purchase of said tract or tracts of land
so selected, and may execute, such obligations for the payment
of the same as will mature when the probable income from
the fund of said agricultural college and agricultural experi-
48 GENERAL SCHOOL LAW
mental station, or either of them, will pay for the same. The
said state board of education are hereby authorized and em-
powered to accept in the name of the state of Montana, such
gifts of land and money as may be tendered to aid in the pur-
chase of said site, and whenever such gifts are suffi'cient in
.amount to secure or pay for said site they shall appropriate the
same to that purpose, and take the proper and necessary con-
veyances of said tract or tracts of laud in the name of the state.
All lands and money acquired, as provided in this section, shall
be taken and held for the sole use and benefit of said agri-
cultural college and said agricultural experimental station. (Act
approved Feb. 16, 1893).
734. (Sec. 1634.) Control of College. — The general control
and supervision of such college is vested in the state -board of
education, which board may prescribe all rules therefor. (Act
approved Feb. 16, 1893).
738. (Sec. 1628.) Agricultural Experimental Station. — There
is also located and established on the land so to be selected by
the state board of education, in connection with said agricul-
tural college, and under its direction an agricultural experi-
mental station, to aid in acquiring and diffusing among the peo-
ple of the state of Montana useful and practical information on
subjects connected with agriculture, and to promote scientific
investigation and experiments respecting the principles and
application of agricultural science, which experimental station
is established under and by virtue of the authority contained
in the act of congress entitled "An act to establish experimental
stations in connection writh the colleges established in the sev-
eral states, under the provisions of an act approved July 2d,
1862, and the said acts supplementary thereto'' approved March
2cl, 1887, an(l the provisions, donations, and 'benefits contained
in said act of congress, and in all other acts of congress relating
to agricultural experimental stations and agricultural colleges,
now in force and all acts supplementary thereto, or amenda-
tory thereof, are by the State of Montana hereby accepted and
adopted. (Act approved Feb. 16, 1893).
. State v. Barret, 26 Mont. 04; 06 Pac. 505.
739. (Sec. 1629.) Management of Station. — Said agricul-
tural experimental station is hereby placed under the supervi-
sion and control of the State board of education, and the execu-
tive or 'subordinate board or authority who may be bv the
STATE OF MONTANA. 49
governor, by and with the consent and advice of said state
board of education, appointed. (Act approved Feb. 16, 1893).
«74O. Acceptance of Grant. — That the State of Montana here-
y assents to the provisions of an Act of Congress, entitled:
"An Act to provide for an increased annual appropriation for
agricultural experiment stations and regulating the expenditure
thereof" approved March 16, 1906, and hereby consents to re-
ceive the benefits thereof in the manner and form and for the
, purposes in said Act intended and provided. (Act approved
March 2, 1907, Sec. i.) (loth Sess. Chap. 64).
741. Designation of Station as Beneficiary. — That until other-
wise provided by law the agricultural experiment station, now
established at Bozeman, Gallatin County, State of Montana,
shall be the beneficiary of the funds in said Act mentioned, and
shall use and disburse said funds only for the purposes and In.
the manner provided in said Act. The treasurer of the execu-
tive board of the Agricultural College and Agricultural Experi-
ment Station, at said city of Bozeman, is 'hereby authorized to
receive, and shall be the custodian of said funds, and he shall
account for said funds, and make reports to the secretary of
agriculture, as required by said Act of Congress. (Act ap-
proved March 2, 1907, Sec. 2.) (loth Sess. Chap. 64).
742. (Sec. 1630.) Montana Agricultural College Bonds. —
The state board of land commissioners of the State of Montana,
is hereby authorized to issue bonds to the amount of one hun-
dred thousand dollars ; the minimum denomination of such
bonds shall be two hundred and fifty dollars, and the maximum
denomination one thousand dollars each, said bonds to be
known as the Montana agricultural college bonds, to bear date
July i, A. D. 1895, to become due twenty-five years after date,
and payable after ten years after date thereof; said bonds shall
bear interest at the rate of not more than six per cent, per
annum, payable semiannually on the first day of January and
July of each year at the office of the state treasurer of the State
of Montana. Said 'bonds shall run from the state board of land
commissioners of the State of Montana to bearer, and shall be
signed 'by the state board of land commissioners and counter-
signed by the secretary of state, who shall attach his seal there-
to. (Act approved March 6th, 1895).
State v. Wright, 17 Mont. 78; 42 Pac. 103.
State v. Rice, 33 Mont. 390; 83 Pac. 878.
50 GENERAL SCHOOL LAW
743. (Sec 1631.) Date of Issuance and Sale of Bonds. — The
bonds provided for in the first section of this Act, Sec. 742
(1630), shall be issued and sold as soon as possible after the
passage of this Act. (Act approved March 6th, 1895).
744. (Sec. 1632.) Security for Payment of Bonds. — All funds
realized from the sale or leasing of the lands (being fifty thou-
sand acres) granted by the United States to the state of Mon-
tana for the establishment and maintenance of an agricultural
college, under and by virtue of the provisions of Sec. 17 of
the Act of congress, approved February 22, 1889, entitled "An
Act to provide for the division of Dakota into two states, and
to enable the people of North Dakota, South Dakota, Mon-
tana and Washington to form constitutions and state govern-
ments, and to be admitted into the union on an equal footing
with the original states, and to make donations of public lands
to such states," are 'hereby pledged as security for the payment
of the principal and interest of the bonds authorized by this
Act, and all moneys or revenue derived from the said lands, or
any of them, whether on account of sale, lease, sales of timber
or otherwise, are hereby set apart and shall constitute a fund
for the payment, as hereinafter provided, of the principal ana
interest of the said bonds, which bonds shall be a first lien on
said agricultural college bond fund. (Act approved Marca
6th, 1895).
745. (Sec. 1633. Agricultural College Bond Fund. — It shall
be the duty of the state treasurer to keep all moneys derived
from the agricultural college lands hereinbefore mentioned, in
a separate fund, to be known and designated as the agricultural
college bond fund, and out of the money in such fund he shall
pay, after approval by the state board of examiners, (a) the
cost and expense of issuing of the bonds herein provided for;
(b) the interest on the bonds herein authorized, when due, and
(c) when such bonds shall become payable, he shall call in and
pay them as rapidly as the money in such fund will permit,
after providing for the interest. That in the event there shall
not be sufficient funds in the agricultural college bond fund to
pay the interest when due, the board of state examiners shall,
by an order entered upon their minutes, cause warrants to be
issued on the agricultural college bond fund for the amount of
the interest due ; and the warrants so issued shall draw interest
at the rate of six per cent, per annum ; and said warrants sha1!
STATE OF MONTANA. 51
)e paid by the treasurer as soon as sufficient funds accumulate
in said fund to pay the same; and by reason of the delivery oi
said warrants to the holders of said bonds, in satisfaction of
accrued interest, there shall be no default in the payment of
interest. (Act approved March 6, 1895).
746. (Sec. 1634.) Advertisement of Sale of Bonds. — It shall
be the duty of the state treasurer, to give notice, by advertis-
ing for not less than two weeks, daily, in one
newspaper published in the city of Helena, Montana,
and in one newspaper published in the city of Xew
York, N. Y., that he will on the second day of April,
1895, sell one hundred thousand dollars of the bonds herein
authorized, and will receive bids therefor, and said bonds shall
on said day be by him sold to the highest bidder. If no bids
are then received, said bonds may then be sold afterwards at
private sale; Provided, however, that none of said bonds shall
at any time be sold at less than par. (Act approved March
6, 1895).
State v. Wright, 17 Mont. 78; 42 Pac. 103.
747. (Sec. 1635). Disposition of Proceeds of Bonds. — The
money derived from the sale of said bonds shall be used to
erect, furnish, and equip buildings for the use and benefit of the
agricultural college of the State of Montana, .at the city of Boze-
m'an, in said state. (Act approved March 6, 1895).
State v. Wright, 17 Mont. 78; 42 Pac. 103.
748. (Sec. 1636.) Erection and Furnishing of Building. —
Immediately upon the receipt of the money, the proceeds of
the sale of said bonds, the state treasurer shall turn over the
same to the treasurer of the agricultural college, and it shall be
disbursed by him on orders of the executive board of the said
agricultural college, in the erection and furnishing of a suitable
building or buildings for the use and benefit of the agricultural
college upon plans and specifications first submitted to and ap-
proved by the state board of education ; Provided, however that
the general supervision of the construction and erection of such
building or buildings and the furnishing and equipping thereof
shall be under the control of the state board of education. (Act
approved March 6, 1895).
State v. Wright, 17 Mont. 77; 42 Pac. 103. The proper cus-
todian of the proceeds of the 'bonds issued under Section
1630, supra, is the treasurer of the state agricultural col-
lege, who may, by mandamus, compel the S'tate treasurer
to pay over such proceeds .
52 GENERAL SCHOOL LAW
749. (Sec. 1637.) State not Liable on Bonds. — Nothing in
this Act shall be so construed as to in anywise hold the State
of Montana liable for the payment of the bonds herein author-
ized, or interest thereon. (Act approved March 6, 1895).
State v. Rice, 33 Mont. 390; 83 Pac. 878.
750. Refunding Bonds. — The state board of land commis-
sioners of the State of Montana is hereby authorized to issue
bonds to the amount of eighty thousand dollars ($80,000.00),
for the purpose of taking up and redeeming the issue of one
hundred thousand dollars agricultural college bonds heretofore
issued under Sections 742 (1630) to 749 (1637), inclusive, of
the Political Code .of Montana, now outstanding, and redeem-
able July i, 1905. The minimum denomination of such bonds
shall be two hundred and fifty dollars, ($250.00), and the maxi-
mum shall be one thousand dollars ($1,000.00) each. Said
bonds shall be known as the Montana agricultural college re-
funding bonds, to bear date July I, 1905, to become due and
payable twenty (20) years after date, and to be redeemable
(10) years after date thereof. Said bonds shall bear interest at
a rate not to exceed five (5) per cent per annum, and as much
lower as the state board of land commissioners may decide,
payable semi-annually on the first day of January and July of
each year, and both principal and interest shall be payable at
the office of the state treasurer of Montana. Said bonds shall
run from the state board of land commissioners of the State of
Montana to bearer, and shall be signed by the state board of
land commissioners, and countersigned by the secretary of
State of Montana, who shall attach his seal thereto ; Provided,
however, that nothing in this Act shall be so construed as to
hold the State of Montana liable for the payment of said bonds
or the interest thereon. (Act approved March i, 1905). (9th
Sess. Chap. 54).
751. Sale of Bonds. The bonds provided for in the first
section of this Act shall be issued and sold at public or private
sale as hereinafter provided, as soon as possible after the pass-
age and approval of this Act. (Act approved March i, 1905,
Sec. 11.) (9th Sess. Chap. 54).
752. Security for Payment of Bonds. — All funds arising from
the sale, or leasing of the lands, interest on deferred payments,
and licenses to cut trees thereon, (being fifty thousand acres)
granted by the United States to the State of Montana, for the
•establishment and maintenance of an agricultural college, under
STATE OF MONTANA.
and by virtue of the provisions of Section 17, of the Act of Con-
gress, approved February 22, 1899, entitled "An Act to provide
for the division of Dakota into two states, and to enable the
people of North Dakota, South Dakota, Montana and Washing-
ton to form constitutions and state governments, and to be ad-
mitted into the Union on an equal footing with the original
states, and to make donations of public lands to such states,"
are hereby pledged as security for the payment of the principal
and interest of the bonds authorized by this Act, and all moneys
or revenues derived from said lands, or any of them, whether
on account of sales, leases, sales of timber, interest or other-
wise, are hereby set apart and shall constitute a fund for the
payment as hereinafter provided, of the principal and interest
of the said bonds, which refunding bonds shall be a first lien
on said agricultural college bond fund, after payment there-
from of said outstanding bonds as herein provided. (Act ap-
proved March i, 1905, Sec. 3.) (9th Sess. Chap. 54).
753. Duties of State Treasurer. — It shall be the duty of the
state treasurer to keep all moneys derived from the agricultural
college lands hereinbefore mentioned together with the proceeds
of the sale of the bonds herein authorized to be issued, in a sep-
arate fund, to be known and designated as the agricultural col-
lege bond fund, and out of the money in such fund he shall
pay, after approval by the state board of land commissioners.
a. The principal and accrued interest on the said outstand-
ing issue of one hundred thousand dollars agricultural college
bonds, for the purpose of taking up and redeeming said bonds
as hereinafter provided.
b. The cost and expense of the issuing and sale of the bonds
herein provided for.
c. The interest on the bonds herein authorized.
d. When such refunding bonds become redeemable he shall
call in and pay them as rapidly as the money in such fund will
permit, after providing for the interest. In the event that there
shall not be sufficient in the agricultural college bond fund to
pay the interest when due, the state board of land commission-
ers shall by an order entered on their minutes, cause warrants
to be issued on the agricultural college bond fund for the
amount of the interest due, and the warrants so issued shall
bear interest at the rate of five (5) per cent per annum ; said
warrants shall be paid by the treasurer as soon as sufficient
money accumulates in said fund applicable thereto to pay the
54 GENERAL SCHOOL LAW
same, and by reason of the delivery of said warrants to the
holders of said bonds in satisfaction of accrued interest, there
shall be no default in payment of the interest. (Act approved
March i, 1905, Sec. 4). (gth Sess. Chap. 54).
754. Sale of Bonds, Notice.— It shall be the duty of the state
.treasurer to give notice by advertising for not less than two
weeks, daily, in one newspaper published in the city of Helena,
and one newspaper published in the city of New York, that he
will, on the tenth day of April, 1905, sell the eighty thousand
dollars of refunding bonds, hereby authorized and will receive
bids therefor, and said bonds shall on said day be sold to the
highest bidder, or to the person offering to take the same at the
lowest rate of interest, as may be directed by the state board
of land commissioners. If no bids are then received, or if none
are accepted, said bonds may be sold afterwards at private
sale; Provided, that the said board of land commissioners shall
have the right to open, receive and examine all bids for said
bonds, and in its discretion accept or reject the same, and pro-
vided, further, that none of said bonds shall at any time be sold
for less than par. (Act approved March i, 1905, Sec. 5.) (9th
Sess. Chap. 54).
755. Disposition of Proceeds. — The moneys derived from the
sale of said refunding bonds shall be placed in the agricultural
college bond fund, out of which shall be paid the principal and
interest necessary to take up and redeem the issue of one hun-
dred thousand dollars ($100,000.00) of Montana agricultural
college bonds authorized by Section 742 (1630), to 749 (1637),
Political code of Montana, now outstanding, redeemable July i,
1905. It shall be the duty of the state treasurer to give notice
to the owners, so far as known, of the said Montana agricul-
tural college bonds authorized by Section 742 (1630), to 749
(1637), inclusive, Political Code, that he will, on the first day of
July, 1905, pay the principal and accrued interest on the said
bonds, and that interest will cease from and after the said
date ; and said treasurer shall on said date pay, take, up, redeem,
and, under the direction of the state board of land commis-
sioners shall cancel said bonds. If by reason of delay in selling
the said bonds authorized by this Act, the money shall not be
available on the first day of July, 1905, the state treasurer shall
call for, take up, redeem and cancel the said Montana agri-
cultural college bonds at the earliest date practicable after
STATE OF MONTANA. 55
such money shall be available. (Act approved March I, 1905,
Sec. 6). (9th Sess. Chap. 54).
756. Establishment of Experimental Substation in Horticul-
ture.— The executive board of the Montana Agricultural Col-
lege is hereby authorized and directed to establish a sub-sta-
tion for the purpose of carrying on experimental work in horti-
culture, said station to be located at such point in the State of
Montana as said board may select Provided, however, that the
citizens or county wherein said sub-station is located shall
donate to the state and give in fee simple not less than fifteen
acres of suitable land including a perpetual water right for the
same. (Act approved March 7, 1907). (loth Sess. Chap. 146).
757. Billings Experimental Station. — There is hereby estab-
lished to be located within three miles of the corporate limits
of the city of Billings, Montana, on such land as the governor
and secretary of state may select, a substation of the agricul-
tural experimental station provided for in Section 7 of. an act
of the legislature entitled "An Act providing for the location
and establishment of the Agricultural College of the State of
Montana, and an Agricultural Experimental Station in connec-
tion therewith, enumerating its objects and purposes, dedicating
lands for the use of the same, providing for the government and
control thereof, and accepting and adopting the provisions,
donations and benefits contained in the Acts of Congress
relating thereto." Approved February i6th, 1893. That said
sub-station shall be under the general direction of the experi-
mental station of the agricultural college of the State of Mon-
tana, and its immediate direction shall be in charge of three
persons to be appointed by the governor by and with the con-
sent of the senate, two of whom shall reside within ten miles
of the sub-station, said persons so appointed shall constitute
a board to be known as "Directors of the Billings Sub-Experi-
mental Station." Said board of directors shall be at all times
subject to the direction and control of the said experimental
station of the agricultural college, and they shall serve without
compensation. (Act approved March 7, 1903, Sec. I.) (8th
Sess. Chap. 118').
758. Same Work of Sub-Station. — At said sub-station ex-
perimental work shall be conducted with a view to acquiring
and diffusing useful and practical information on subjects con-
nected with agriculture and to promote scientific investigation
56 GENERAL SCHOOL LAW
and experiments respecting the principal and application of
agricultural science, under climatic and other conditions exist-
ing in the vicinity of the city of Billings. (Act approved March
7, 1903, Sec. 2.) (8th Sess. Chap. 118).
759. Lands for Sub-Station. — That for the purpose of secur-
ing title to the land selected by them for said sub-station, the
governor and secretary of state are hereby authorized and em-
powered to either use the land heretofore acquired by the state
for the eastern state prison, near Billings and described as:
Each and all of the lots contained in each and all of the fol-
lowing named and numbered blocks, towit : Blocks numbered
two hundred and ninety-five (295), two hundred and ninety-
seven (297), two hundred and ninety-eight (298), two hundred
and ninety-nine (299), three hundred and ten (310), three hun-
died and nineteen (319), three hundred and twenty-seven (327),
three hundred and thirty-one (331), three hundred and thirty-
two (332), and three hundred and twenty-six (326) ; the lots
in each of said blocks being platted and numbered consecu-
tively from one (i) to twenty-four (24) both inclusive, and the
total number of lots in all of said blocks being two hundred and
forty (240) : Also lots numbered seven (7), eight (8), nine (9;,
ten (10), eleven (n), twelve (12), thirteen (13), fourteen (14),
fifteen (15), sixteen (16), seventeen (17), and eighteen (18),
in block numbered two hundred and ninety-four (294) ; Also
lots numbered one (i), two (2), three (3), four (4), five (5),
six (6), seven (7), eight (8), nine (9), ten (10), eleven (n),
twelve (12), in block numbered three hundred and nine (309);
Also lots numbered thirteen (13), fourteen (14), fifteen (15;,
sixteen (16), seventeen (17), eighteen (18), nineteen (19),
twenty (20), twenty-one (21), twenty-two (22), twenty-three
(23), twenty-four (24), in block numbered three hundred and
thirty-three (333), also lots numbered one (i), two (2), three
(3), four -(4), seventeen (17), eighteen (18), nineteen (19),
twenty (20), twenty-one (21), twenty-two (22), twenty-three
(23), and twenty-four (24), and fractional lots numbered five
(5), fifteen (15), and sixteen (16), In block numbered three
hundred and twenty-eight (328) ; Also lots numbered twenty-
one (21), twenty- two (22), twenty-three (23), and twenty-four
(24), in block numbered three hundred and twenty (320) ; also
all of the unplatted lots or fractions of lots in any -and all of
said blocks numbered three hundred and twenty-eight (328),
STATE OF MONTANA. 57
and three hundred and twenty (320) : all and singular the said
lots and parts of lots, and all and singular the said blocks and
parts of blocks being in the first addition to the town of Bil-
lings, , in the county of Yellowstone and State of Montana,
according to the plat of the said first addition to the said town
of Billings, now on file and of record in the office of the clerk
and recorder of the said county of Yellowstone ; also all and
singular the several tracts, pieces or parcels of land contained in
the following bounded and described parts of streets and
avenues, and in the following described alleys, situate in the
aforesaid town of Billings, and in the aforesaid first addition
thereto, to-wit : All that portion of Ninth (9th) avenue north ly-
ing and being included between the extremely easterly line of
North Nineteenth (i9th) street and the extreme westerly line of
North Fifteenth (i5th) street; all -that portion of Tenth (loth)
avenue north lying and being included between the extreme
easterly line of North Nineteenth (i9th) street and the
extreme westerly line of North Fifteenth (i5th) street; all that
portion of Eleventh (nth) avenue north lying and being in-
cluded between the extreme westerly line of North Eighteenth
street and the extreme westerly line of North Fifteenth
street; all that portion of Twelfth Avenue North lying and
being east of the extreme westerly line of North Eighteenth
(iSth) street; all that portion of Thirteenth (i3th) avenue
North lying and being east of the extreme westerly line of
North Eighteenth street ; all that portion of North Eighteenth
street lying and being north of the extreme southerly line of
Ninth (9th) Avenue North ; all that portion of North Seven-
teenth (i/th) street lying and being North of the extreme
northerly line of Eighth (8th), Avenue North, and all that
portion of North Sixteenth (i6th) street lying and being north
of the extreme northerly line of Eighth (8th) Avenue North;
also each and all of the alleys contained in each and all of the
following named and numbered blocks, to-wit: Blocks num-
bered three hundred and nineteen (319), three hundred and
twenty (320), three hundred twenty-six (326), three hundred
twenty-seven (327), three hundred nine (309), three hundred
ten (310), three hundred thirty-two (332), three hundred and
thirty-one (331), three hundred thirty-three (333), two hun-
dred ninety-eight (298), two hundred ninety-seven (297), two
hundred ninety-nine (299), two hundred ninety-four (294), and
58 GENERAL SCHOOL LAW
two hundred and ninety-five (295) ; each and all of the afore-
said blocks and the alleys therein being in the first addition
to the aforesaid town of Billings, in the said county of Yellow-
stone and State of Montana, or if such land, in their judgment
is not suitable for the purpose of such sub-experimental sta-
tion, then they shall and are hereby empowered to convey such
land described as aforesaid in exchange for such suitable trad
of land for the sub-experimental station as they may deem uf
at least equal value. (Act approved March 7, 1903.) (8th
Sess. Chap. 118).
760. Governor and Secretary of State to Select Site. — The
governor and secretary of state shall make selection of the land
provided for within sixty days after the approval of this act,
and within ninety days thereafter the State of Montana shall
make provision for maintenance of said sub-experimental sta-
tion. (Act approved March 7, 1903, Sec. 4). (8th Sess. Chap.
118).
761. Use of Bozeman Funds Prohibited. — It shall be unlaw-
ful under any circumstances to use any funds appropriated for
the experiment station at Bozeman for the support or mainten-
ance of. said sub-station. (Act approved March 7, 1903, Sec. 5).
(8th Sess. Chap. 118).
762. State Board of Land Commissioners May Sell Lands. —
The state board of land commissioners is hereby empowered to
sell and dispose of all lands acquired under and by virtue of the
provisions of Chapter 118, Session Laws of 1903. (Section
759), upon the same terms and conditions as provided by law
for the sale and disposition of all other state lands. (Act
approved March 9, 1907). (loth Sess. Chap. 188).
763. Experimental Sub-Station Located in Fergus County. —
That there is hereby established, to be located in Fergus county,
Montana, on such land as may be donated to the State of Mon-
tana and accepted by the governor and secretary of state as
suitable for the purpose, a sub-station of the agricultural ex-
perimental station provided for in Section 7 of an Act of the
legislative assembly of the state of Montana, entitled "An Act
providing for the location and establishment of the agricultural
college of the State of Montana, and an agricultural experi-
mental station in connection therewith, enumerating its objects
and purposes, dedicating lands for the use of the same, provid-
ing for the government and control thereof, and accepting and
STATE OF MONTANA. 59
adopting the provisions, donations and benefits contained in
the Acts of Congress relating thereto," approved February 16,
1893. (Section 738). Said sub-station shall be under the direc-
tion of the experimental station of the agricultural college of
the State of Montana. (Act approved March, 1907, Sec. i).
(loth Sess. Chap. 189).
764. Authority of Governor to Accept Site. — The governor
and secretary of state are hereby authorized to accept on be-
half of the state, donation or donations of land for such pur-
poses, provided such land be conveyed to the state in fee simple,
and be free of all encumbrances and the title to the same be
good. (Act approved March, 1907, Sec. 2). (loth Sess. Chap.
189).
765. Acceptance of Donations of Money and Material. — The
said college is authorized to receive donations of money, imple-
ments, building materials, animals and supplies for the use of
said sub-station. (Act approved March, 1907, Sec. 4). (loth
Sess. Chap. 189).
766. State Entomologist of Montana. — The entomologist of
the Montana Agricultural College and Experimental Station
shall be known as. the state entomologist of Montana. (Act
approved March 5, 1907, Sec. i). (loth Sess. Chap 103).
767. Duties of State Entomologist. — It shall be the duty of
the state entomologist to conduct field investigations of the injur-
ious insects of fruits, vegetables, grains, grasses, forage crops,
including clover and alfalfa, root crops, shade trees, orna-
mental plants, and any other insects that may become injur-
ious. When it becomes known to the state entomologist that
an outbreak of an insect has occurred in any part of the state,
it shall be his duty, so far as is possible without conflicting with
his other duties, to go to the scene of the outbreak or send a
suitably qualified assistant. The state entomologist or said
assistant shall determine the extent and seriousness of the out-
break, and, when necessary publish or make public demonstra-
tion of the best remedies to be employed. (Act approved
March 5, 1907, Sec. 2.) (loth Sess. Chap. 103).
768. Annual Report. — The entomologist shall make an an-
nual report to the governor of the state, on or before the first
day of January, which report shall be published by the experi-
ment station as one of its regular bulletins, and shall contain
a report of his work and expenditures under this Act. (Act
approved March 5. 1907, Sec. 3). (loth Sess. Chap. 103).
58 GENERAL SCHOOL LAW
two hundred and ninety-five (295) ; each and all of the afore-
said blocks and the alleys therein being in the first addition
to the aforesaid town of Billings, in the said county of Yellow-
stone and State of Montana, or if such land, in their judgment
is not suitable for the purpose of such sub-experimental sta-
tion, then they shall and are hereby empowered to convey such
land described as aforesaid in exchange for such suitable tract
of land for the sub-experimental station as they may deem uf
at least equal value. (Act approved March 7, 1903.) (8th
Sess. Chap. 118).
760. Governor and Secretary of State to Select Site. — The
governor and secretary of state shall make selection of the land
provided for within sixty days after the approval of this act,
and within ninety days thereafter the State of Montana shall
make provision for maintenance of said sub-experimental sta-
tion. (Act approved March 7, 1903, Sec. 4). (8th Sess. Chap.
118).
761. Use of Bozeman Funds Prohibited. — It shall be unlaw-
ful under any circumstances to use any funds appropriated for
the experiment station at Bozeman for the support or mainten-
ance of. said sub-station. (Act approved March 7, 1903, Sec. 5).
(8th Sess. Chap. 118).
762. State Board of Land Commissioners May Sell Lands. —
The state board of land commissioners is hereby empowered to
sell and dispose of all lands acquired under and by virtue of the
provisions of Chapter 118, Session Laws of 1903. (Section
759), upon the same terms and conditions as provided by law
for the sale and disposition of all other state lands. (Act
approved March 9, 1907). (loth Sess. Chap. 188).
763. Experimental Sub- Station Located in Fergus County. —
That there is hereby established, to be located in Fergus county,
Montana, on such land as may be donated to the State of Mon-
tana and accepted by the governor and secretary of state as
suitable for the purpose, a sub-station of the agricultural ex-
perimental station provided for in Section 7 of an Act of the
legislative assembly of the state of Montana, entitled "An Act
providing for the location and establishment of the agricultural
college of the State of Montana, and an agricultural experi-
mental station in connection therewith, enumerating its objects
and purposes, dedicating lands for the use of the same, provid-
ing for the government and control thereof, and accepting and
STATE OF MONTANA. 59
adopting the provisions, donations and benefits contained in
the Acts of Congress relating thereto," approved February 16,
1893. (Section 738). Said sub-station shall be under the direc-
tion of the experimental station of the agricultural college of
the State of Montana. (Act approved March, 1907, Sec. i).
(loth Sess. Chap. 189).
764. Authority of Governor to Accept Site. — The governor
and secretary of state are hereby authorized to accept on be-
half of the state, donation or donations of land for such pur-
poses, provided such land be conveyed to the state in fee simple,
and be free of all encumbrances and the title to the same be
good. (Act approved March, 1907, Sec. 2). (loth Sess. Chap.
189).
765. Acceptance of Donations of Money and Material. — The
said college is authorized to receive donations of money, imple-
ments, building materials, animals and supplies for the use of
said sub-station. (Act approved March, 1907, Sec. 4). (loth
Sess. Chap. 189).
766. State Entomologist of Montana. — The entomologist of
the Montana Agricultural College and Experimental Station
shall be known as. the state entomologist of Montana. (Act
approved March 5, 1907, Sec. i). (loth Sess. Chap 103).
767. Duties of State Entomologist. — >It shall be the duty of
the state entomologist to conduct field investigations of the injur-
ious insects of fruits, vegetables, grains, grasses, forage crops,
including clover and alfalfa, root crops, shade trees, orna-
mental plants, and any other insects that may become injur-
ious. When it becomes known to the state entomologist that
an outbreak of an insect has occurred in any part of the state,
it shall be his duty, so far as is possible without conflicting with
his other duties, to go to the scene of the outbreak or send a
suitably qualified assistant. The state entomologist or said
assistant shall determine the extent and seriousness of the out-
break, and, when necessary publish or make public demonstra-
tion of the best remedies to be employed. (Act approved
March 5, 1907, Sec. 2.) (loth Sess. Chap. 103).
768. Annual Report. — The entomologist shall make an an-
nual report to the governor of the state, on or before the first
day of January, which report shall be published by the experi-
ment station as one of its regular bulletins, and shall contain
a report of his work and expenditures under this Act. (Act
approved March 5. 1907, Sec. 3). (loth Sess. Chap. 103).
60 GENERAL SCHOOL LAW
769. Expenses. — The state entomologist shall receive no
compensation for his services other than what he may receive
from the Montana Agricultural College and Experiment Sta-
tion, but the actual traveling expenses of himself or assistant,
together with such office or laboratory expenses as result from
the work contemplated under this Act, not to exceed five hun-
dred dollars ($500.00), per annum, shall be paid, and such sum
is hereby annually appropriated for the purposes of this Act out
of any moneys in the state treasury, not otherwise appro-
priated. Upon the certification of the Secretary of the execu-
tive board of the Montana Agricultural College and director
of the Agricultural Experiment Station, the state auditor Is
authorized to issue warrants to cover the traveling expenses
of the state entomologist while engaged in carrying out the
provisions of this Act. (Act approved March 5, 1907, Sec. 4).
(loth Sess. Chap. 103).
SENATE BILL 75.
Agricultural Experimental Station.
Description of land to be purchased.
Board of lani commissioners may pay for same from proceeds of
•sale of lands of the agricultural college lan-1 grant.
Prices to bo paid for the -wparaf: > tracts' purchased.
Title to vest in Mate and in case of sale the proceeds to be returned
to the permanent fund of the agricultural college.
An Act to authorize and direct the Montana state board of
land commissioners to purchase certain lands for the benefit
and use of the Agricultural Experiment Station connected with
and a department of the Montana Agricultural College at Boze-
man, Montana.
Be it enacted by the Legislative Assembly of the State of
Montana:
Section I. That the Montana state board of land commis-
sioners are hereby authorized and directed to purchase for the
benefit and use of the Agricultural Experiment Station con-
nected with and a department of the Agricultural College at
Bozeman, Montana, the following lands situated in Gallatin
County, Montana, to-wit: The northwest quarter of section
fourteen (14), in township two (2), south of range five (5),
east, and blocks numbered eight (8), and nine (9), in Capitol
Hill Addition to the city of Bozeman, Montana.
STATE OF MONTANA. 61
Section 2. That the said Montana state board of land com-
missioners are empowered and directed to use for the payment
of the purchase price of the lands described in Section i of this
Act, the sum of eig-hteen thousand and eight hundred dollars
($18,800) or so much thereof as may be necessary out of the
proceeds from the sale of lands granted to the State of Mon-
tana for the use and support of an agricultural college in ac-
cordance with Section five (5), of the Act of Congress entitled,
"An Act donating public lands to the several states and terri-
tories which may provide colleges for the benefit of agriculture
and mechanic arts," approved July 2, 1862, and by Section Six-
teen (16) of an Act of Congress approved February 22, 1889,
entitled, "An Act to provide for the division of D'akota into
two states and to enable the people of North Dakota, South
Dakota, Montana and Washington to form constitutions and
to be admitted into the Union on an equal footing with the
original states and to make donations of lands to such states;"
that of the sum of eighteen thousand eight hundred dollars
($18,800) mentioned in this section, the sum of sixteen thou-
sand dollars ($16,000) is to be used for the purchase of the
northwest quarter of Section Fourteen (14), in Township Two
(2), south of Range Five (5), east, situate in Gallatin county,
Montana, and the sum of two thousand eight hundred dollars
($2,800) is to be used for the purchase of blocks numbered
eight (8) and nine (9), in Capitol Hill Addition to the city of
Bozeman, Montana.
Section 3. That the title to said lands when purchased shall
vest in the State of Montana and whenever said lands are sold
or otherwise disposed of the proceeds therefrom shall be re-
turned to the permanent fund of the Montana Agricultural
College. - ;.
Section 4. This Act shall take effect and be in full force
after its passage and approval.
Approved March 2, 1909.
64 GENERAL SCHOOL LAW
issued and sold as soon as possible after the passage of this
act. (Act approved March 15, 1895).
780. (Sec. 1659.) State Normal School Bond Fund. — All funds
realized from the sale or leasing of the lands (being one hun-
dred thousand acres) granted by the United States to the
State of Montana for the establishment and maintenance of ?.
state normal school under and by virtue of the provisions
of Sec. 17 of the act of congress, approved February 22, 1889,
entitled "An Act to provide for the division of Dakota into
two states and to enable the people of North Dakota, South
Dakota, Montana and Washington to form constitutions and
state governments and to be admitted into the union on an
equal footing with the original states, and to make donations
of public lands to such states," are hereby pledged as security
for the payment of the principal and interest of the bonds
authorized by this act, and all moneys or revenues derived
from the said lands or any of them, whether on account of
sales, leases, sales of timber or otherwise, are hereby set
apart and shall constitute a fund for the payment as herein-
after provided of the principal and interest of the said bonds,
which shall be a first lien on said state normal school bond
fund. (Act approved March 15, 1895).
781. (Sec. 1660). Interest Warrants. — It shall be the duty
of the state treasurer to keep all moneys derived from the
state normal school lands hereinbefore mentioned in a separate
fund, to be known and designated as the state normal school
bond fund, and O'Ut of the moneys in such fund he shall pay,
after approval by the state board of examiners, (a) the cost
and expense of issuing of the bonds herein provided for, (b)
the interest on the bonds herein authorized, when due and (c)
when such bonds shall become payable, he shall call in and pay
them as rapidly as the money in such fund will permit, after
providing for the interest, and in the event there shall not be
sufficient funds in the state normal school bond fund to pay the
interest when due the board of state examiners shall, by an
order entered upon their minutes, cause warrants to be issued
on 'the state normal school bond fund for the amount of the
interest clue, and the warrants so issued shall draw interest
at the rate of six per cent, per annum ; and said warrants shall
be paid by the treasurer as soon as sufficient funds accumulate
in said fund to pay the same ; and by reason of delivery of
STATE OF MONTANA. 65
said warrants to the holders of said bonds in satisfaction of
accrued interest, there shall be no default in the payment of
interest. (Act approved March 15, 1895).
782. (Sec. 1661.) Advertisement of Sale of Bonds. — It shall
be the duty of the state treasurer to give notice by advertising
for not less than two insertions in one newspaper published in
the city of Helena, Montana, and in one newspaper published in
the city of New York, N. Y., that he will on the second day
of April, 1895, sell fifty thousand dollars of the bonds herein
authorized, and will receive bids therefor, and said bonds shall
on said day be by him sold to the highest bidder. If no satis-
factory bids are then received, said bonds may then be re-ad-
vertised or may be sold afterwards at private sale ; Provided,
however, that none of said bonds shall at any time be sold
at less than par. (Act approved March 15, 1895).
783. (Sec. 1662.) Disposition of Proceeds of Bonds. — The
money derived from the sale of said bonds shall be used to
erect, furnish and equip buildings for the use and benefit of
the state normal school of the state of Montana, at the city
of Dillon, in said state. (Act approved March 15, 1895).
784. (Sec. 1663.) Buildings of School. — Immediately upon
receipt of the money, the proceeds of the sale of said bonds,
the state treasurer shall turn over the same to the treasurer of
the state normal school, and it shall be disbursed by him, on
orders of the executive board of the said state normal school,
in the erection and furnishing of a suitable building or build-
ings for the use and benefit of the state normal school, upon
plans and specifications first submitted to and approved by
the state board of education ; Provided, however, that the
general supervision of the construction and erection of such
building or buildings and the furnishing and equipping thereof
shall be under the control of the state board of education, upon
plans and estimates first submitted to and approved by the
state board of education. (Act approved March 15, 1895).
785. (Sec. 1664.) State not Liable on Bonds. — Nothing in
this act shall be so construed as to in any wray hold the state
of Montana liable for the payment of the bonds herein auth-
orized, or the interest thereon. (Act approved March 15,
1895).
Section 786. Investment of State Normal School Funds. —
The state board of land commissioners is herebv auth-
66 GENERAL SCHOOL LAW
orized and required to invest and keep invested all
moneys belonging to the permanent normal school fund, in
any state, county, city or school district securities of this
state, and in any state capitol building bonds now issued or
which may be hereafter issued, and in first mortgages on farm
land in this state, as provided in Section 2196 as herem
amended, which in its judgment is a safe investment. The
board may make its bids for any of state securities in the same
manner as private persons, and under no restrictions other
than those imposed upon private persons seeking investments
herein. (Act approved March 4, 1909).
787. Same. — That the state board of land commissioners
of the State of Montana may, ana they are hereby directed and
authorized to invest any and all sums of money now in the state
normal school bond fund not necessary for the payment of
interest on bonds outstanding against said fund, in such secur-
ities, at such rate of interest, for such time, and under such
conditions as such board may deem advisable. (Act approved
March 5, 1903. Sec. i). (8th Sess. Chap. 91).
788. Redemption of Bonds. — That said board be, and it is
hereby authorized and directed to use and apply any and all
moneys in said bond fund as may be deemed advisable and not
necessary for the payment of interest on bonds outstanding
against said fund, to the purchase and redemption of all or
any of such bo>nds heretofore issued and now outstanding
against said fund, which can be purchased at a fair and satis-
factory price, and before the period when said bond shall
become due and payable by operation of law, and to pay for said
bond such premium, or sums, in addition to the par value of
same as such board may, in their discretion deem for the
best interest of said fund. Provided, that said board shall at
no time pay, or cause to be paid for said outstanding bonds
or any thereof, a sum larger than the par value thereof and
the interest yet to accrue thereon in addition to the said par
value. (A'ct approved March 5th, 1903, Sec. 2). (8th Sess.
Chap. 91).
789. Duty of Auditor. — The state auditor is hereby author-
ized and directed to draw his warrants on the said bond fund
for the payment of any and all of said bonds so purchased by
reason thereof. (Act approved March 5th, 1903, Sec. 3). (8th
Sess. Chap. 91).
STATE OF MONTANA. 67
790. Securities, How Paid For. — Whenever the board has
purchased any securities as provided in Section I of this Act
(Sec. 786.) and the same are duly executed and delivered
to the President of the board, the board shall direct the state
auditor to draw his warrant upon the state treasurer for the
amount thereof specifying the fund upon which and the per-
son in whose favor the said warrant shall be drawn, whereupon
the state auditor shall draw a warrant upon the state treasurer
accordingly, which warrant shall be delivered to the president
of the state board of land commissioners and shall be paid by
the state treasurer upon the delivery to him of the purchase
securities ; provided that the state treasurer shall purchase
interest bearing warrants issued against any fund whenever
ordered so to do by the state board of land commissioners.
(Act approved March 3d, 1903, Sec. 2). (8th Sess. Chap. 47).
SENATE BILL 73.
Investment of permanent funds of state normal school.
State board of land commissioners may make bids.
Permanent school and permanent university fund, how invested.
Mortgages on farm lands.
Board of land commissioners may appoint appraisers of lands.
Term for which mortgage shall run.
Interest.
Payment of principal and interest of mortgages in installments.
Kind of lands upon which mortgage loans may be made and to
what person's.
When mortgages may be satisfied.
Abstracts.
Attorney general shall examine abstracts.
Costs of appraisement.
An Act to amend Sections 786 and 2196 and 2197 of the Re-
vised Codes of the State of Montana of 1907, concerning the
investment of the funds of the state normal school, permanent
university funds, permanent agricultural college funds and
permanent school funds.
Be it enacted by the Legislative Assembly of the State of
Montana.
Section I. That Section 786 of the Revised Codes of the
State of Montana of 1907, be, and the same is hereby amended
so as to read as follows :
Section 786. The state board of land commissioners is
68 GENERAL SCHOOL LAW
hereby authorized and required to invest and keep invested all
moneys belonging to the permanent normal school fund, in any
state, county, city or school district securities of this state, and
in any state capitol building bonds now issued or which may
be hereafter issued, and in first mortgages on farm land in
this state, as provided in section 2196 as herein amended, which
in its judgment is a safe investment. The board may make its
bids for any of state securities in the same manner as private
persons and under no restrictions other than those imposed
upon private persons seeking investments herein.
Section II. That Section 2196 of the Revised Codes of the
state of Montana of 1907 be, and the same is hereby amended
SO' as to read as follows.
Section 2196. All moneys belonging to the permanent school
and permanent university funds must be invested :
First. In bonds of the State of Montana or of the United
States.
Second. In interest bearing warrants upon the general fund
of the state.
Third. In such bonds of the several counties and cities of
the state as the board deems most safe and secure.
Fourth. In bonds of school districts within the State of Mon-
tana provided, that before any such moneys are so invested,
the board must be satisfied that the bonds, so as to be negotiat-
ed are the only bonds issued by the school district, and that the
outstanding indebtedness of such district does not exceed, three
per cent upon valuation of the property within it.
Fifth. In any state capitol building bonds of the State of
Montana, now issued, or which may be hereafter issued.
Sixth. In first mortgages on farm lands in the state, not
exceeding in amount one-third (*/$) of the actual value of any
subdivision on which the same may be loaned, such value to be
determined by the state board of land commissioners, who may
appoint appraisers for said purpose, as in cases of appraise-
ments of state lands. The said first mortgages on farm lands,
and each of them shall run for a period of not exceeding ten
(10) years, and the funds so invested shall draw interest at the
rate of six per cent (6%) per annum; said interest together
with ten per centum of the whole amount of the principal
shall be paid in annual installments, and the interest when
STATE OF MONTANA. 69
paid shall be converted into and become a part of the funds
of such institution.
Such first mortgage loans shall only be made upon cultivated
lands within the state to which shall be appurtenant a sufficient
water right, the title to which has been adjudicated as in the
owner of said lands, and to persons who are actual residents
thereof, and in no case on lands of which the appraised value
is less than ten ($10.00) dollars an acre. Any and all of said
mortgages which run for a greater period than five (5) years
may be satisfied at any time after five years from the date
thereof, upon the payment of the full amount due. The appli-
cant for the loan upon any farm land, shall furnish a com-
plete and satisfactory abstract, at his own expense, of the
title of both the land and the appurtenant water right and
before any loan is made the attorney general of Montan^
shall examine said title, and if he shall find title resting !n
said applicant, he shall certify the same to the state board of
land commissioners. The cost of appraising such loan shall
be estimate^ by the board and the amount of said estimate
paid by the applicant to the state board in advance of and
before any appraisement of such land shall be made.
Section III. That Section 2197 of the Revised Codes of the
State of Montana of 1907 be, and the same is amended so as
to read as follows :
Section 2197: That the state board of land commissioners
is hereby authorized and required to invest and keep invested
all moneys belonging to the permanent school fund, and per-
manent agricultural college fund in any state, county, city or
school district securities in this state, or in any state capitoL
building bonds now issued or which may be hereafter issued
and in such first mortgages on farm lands in the state, as pro-
vided in, and in the manner set forth in sub-section 6, of sec-
tion 2196 herein, which in the judgment of the board are safe
investments.
The board may make its bids for any of said securities in
the same manner as private persons and under no restrictions
other than those imposed upon private persons seeking invest-
ment herein.
Section IV. This Act shall take effect and be in full force
from and after its passage and approval.
Approved March 4, 1909.
70 GENERAL SCHOOL LAW
CHAPTER VI.
State Text Book Commission.
Section 791. Appointment of state text book commission.
Section 792. Organization of commission.
Section 793. Meeting of commission.
Section 794. Contracts for supplying text books.
Section 795. Selection of text books.
Section 796. Contracts and agreements.
Section 797. Bond for performance of contracts.
Section 798. Forfeiture of contract for non-performance.
Section 799. Price list of books to be 'printed and distributed.
Section 800. Penalty for using other than selected books.
Section 801. Annual report as to the use of books.
'Section 802. Election upon proposition to supply free text books.
Section 803. Special levy to provide free text books.
Section 804. Compensation of text book commissioners.
791. Appointment of State Text Book Commission. — The
governor is hereby authorized to nominate and appoint a state
text book commission consisting of seven members, five of
whom shall be persons actively engaged in the common public
school work of the state at the time of their appointment.
The terms of three members of said commission first appointed
shall be for a period of three years each, and the terms of four
members of said commission first appointed shall be for a
period of five years each ; and thereafter at the expiration of
the respective terms of the members first appointed their suc-
cessors shall be appointed by the governor for a term of five
years. If a vacancy occurs during the terms of any of the
members, of said commission by reason of death, resignation
or otherwise,, the governor shall make appointment to fill
such vacancy and the person so appointed shall hold office until
the expiration of the term for which the person he succeeds
was appointed. (Act approved March 7, 1907, Sec. i). (loth
Sess. Chap. 132).
792. Organization of Commission. — The commission at its
meeting shall organize by taking the constitutional o'ath of
office, which oath shall be filed in the office of the secretary of
state, electing from among the members a president and secre-
tary and formulating rules for its government. Five members
shall constitute a quorum for the transaction of all business.
All votes cast for or against the adoption of any text book
shall be recorded in the minutes of the commission, together
STATE OF MONTANA. 71
with the names of those voting for or against such adoption;
Provided, that all meetings shall be opened to the public and
that said commission must make a full report to the governor
not later than the first Monday in November next preceeding
any regular or special meeting of the Legislature. (Act
approved March 7, 1907, Sec. 2). (loth Sess. Chap. 132).
793. Meetings of Commission. — The state text book com-
mission shall meet in the state capitol in the city of Helena,
on the third Monday in June, 1907, and every five years there-
after and the president of said commission is authorized to call
a meeting thereof on the first Monday of October next pre-
ceeding the sessions of the legislature, if in his opinion, there
shall be business of importance to transact. He must also on
ten days' notice to the members to be given by the secretary,
call a meeting of the commission at any time to receive pro-
posals and to enter into contracts with publishers for supplying
text-books whenever new contracts shall become necessary by
reason of the contracts for certain books heretofore entered
into becoming terminated by recission or otherwise ceasing
to be In full force and effect, and to adopt additional sup-
plementary books whenever it is deemed for the best interests
of the schools of the state. At the meeting held on the third
Monday in June, 1907, and every five years thereafter the com-
mission shall adopt a uniform series of text books for use in
all the public schools of the state not including high schools.
Said commission may adjourn from day to day until it shall
have made such adoption, provided the session shall not con-
tinue beyond six actual days, and nothing herein contained
shall be so construed as to have any reference to Section 1030
(2000) of the Political Code relating to school libraries, but
said section shall remain in full force and effect. (Act ap-
proved March 7, 1907, Sec. 3). (loth Sess. Chap. 132).
794. Contracts for Supplying Text Books. — 'Beginning with
April ist, 1907, and every five years thereafter in which a full
series of text-books is to be adopted in conformity with this
Act, the superintendent of public instruction shall advertise for
thirty clays in two daily newspapers in this state giving notice
that the text-book commission will meet, as herein provided,
and that they will receive sealed proposals up to twelve o'clock
noon, of said third Monday in June, for supplying the State of
Montana with a series of basal text-books for use in all the
72 GENERAL SCHOOL LAW
public schools of said state, for a period of five years from
and after the first day of September A. D. 1907, and every
fifth year thereafter, in the following branches to-wit : Read-
ing, spelling, writing, arithmetic, geography (elementary and
advanced), language and grammar, physiology and hygiene,
civil government (state and national), history of the United
States (elementary and advanced).
Said commission are hereby empowered to adopt such other
text-book supplementary to the basal text-books above referred
to as they may deem advisable. Said sealed proposals shall
be addressed to the chairman of the state text-book commis-
sion, Helena, Montana, and shall be indorsed "Sealed proposals
for supplying text-books for use in the State of Montana."
Said proposals shall state the net wholesale prices at which the
publishers whose books may be adopted by the text-book
commission, will agree to deliver the same in the city of
Chicago, Illinois, F. O. B., to merchants in Montana, or to
schfool districts purchasing the same. They shall also state the
exchange prices for new books adopted in exchange for the old
books in the hands of the pupils, and for the new books in the
hands of districts or dealers, which may be displaced, grade
for grade and shall further state the retail price at which they
will keep all the text books so adopted on sale uniformly in
at least one place in each county throughout the state. When-
ever any contract shall be terminated by recession, or shall
otherwise cease to be in force and effect, the text-book com-
mission shall, within ten days after the termination of such
contract advertise in the same manner and for the same length
of time as elsewhere mentioned in this section for proposals to
furnish text-books on the same subjects >as those embraced
within such contract for the same length of time and bids shall
be received in the same manner as hereinbefore provided.
The publishers 'contracting and agreeing to supply text-books
for use in the State of Montana under provisions of this Act,
shall cause to be prepared a special map and special supple-
ment descriptive of Montana for the geography adopted by
said commission. They shall also cause to be prepared a
special supplement for Montana for the civil government
adopted, which supplement shall contain not less than thirty
pages. They shall further agree to maintain the mechanical
excellence of the books adopted by said commission, fully equal
STATE OF MONTANA. 73
to the samples submitted in binding, printing, quality of paper,
and other essential features, and the books shall be of th*
latest revised edition. The map and special descriptive geo-
graphy of Montana shall be revised every five years by the
publishers. (Act approved March 7, 1907, Sec. 4). (loth Sess.
Chap. 132).
795. Selection of Text-Books. — It shall be the duty of said
text-book commission to meet at the time and place mentioned
in said notice and open sealed proposals in the presence of a
quorum of said commission and in public to select and adopt
such text-b'ooks, both basal and supplementary, for use in all
the public schools of this state. The series of text-books, so
selected and adopted by said text-book commission shall be cer-
tified to by the chairman and secretary and said certificate wi:h
a copy of all the books named therein shall be placed on file in
the office of the superintendent of public instruction. Such
certificate must contain a complete list of all books adopted
by said commission, giving the wholesale, retail and exchange
prices for which each kind and grade will be furnished, as pro-
vided in the preceding section, and the name of the publishers
contracting to furnish the same. The said books named In
said certificate shall for a period of five years from and after
the .first day of September of the year in which they are
adopted be used in all public schools of the state to the
exclusion of all others. And in the case of any text-book
whose publication shall not have been completed before the
meeting of the state text-book commission, it shall be per-
missible for the publishers in making a bid to file with the
commission a copy of the manuscript of such text-book, to-
gether with such exhibits as will satisfactorily illustrate the
quality of paper, typography and binding to be used in the
publication of such text-book, and it shall be permissible for
the commission to adopt such text-book in their discretion,
the same as in the case of any text-book previously publish ecf.
Provided, that nothing in any part of this act shall be so con-
strued as to prevent the purchase or use by any person or dis-
trict of any supplementary or reference books for use in any
of the schools of the state. (Act approved March 7th, irjo7.
Sec. 5). (loth Sess. Chap. 132).
796. Contracts and Agreements. — The said text-book com-
mission shall have power to make such contracts and agree-
74 GENERAL SCHOOL LAW
ments for the use and supply of text-books in the name of
the state as they shall deem necessary for the best interest
of the public schools of the state, and shall require of all pub-
lishers contracting and agreeing to furnish books adopted
by the said text-book commission bonds equal in amount to
one-half the value of the books to be furnished, conditioned
that upon the failure on the part of such publishers to comply
with the terms of such contracts or any part thereof, in any
county of the state, upon notice being given as provided for
herein, said bonds, may, be by the governor of the State of
Montana, be declared forfeited, and actions brought in the
name of the state upon such bonds to recover the full amount
named therein which amount shall be deemed to be fixed and
liquidated damages for the breach of such contracts; Provided,
that the text-book commission may, at their discretion, reject
any and all proposals if it be deemed by them to be to the
interest of the state so to do, and tiiey shall advertise for new
proposals, stating the time when such new proposals will be
received by them, not later, however, than thirty days from
the rejection of the first proposals: Provided, further, that,
the contract price of such books shall not exceed the lowest
wholesale price charged for the same books in Chicago,
F. O. B., to any state in the United States. (Act approved
March 7, 1907, Sec. 6). (loth Sess. Chap. 132).
797. Bond for Performance of Contracts. — The contract
with the publishers shall take effect only when the publishers
of the books adopted by the said text-book commission shall
have filed with the secretary of state their bond, with at least
two sufficient sureties, to be approved by the governor in such
sum as shall be determined, by said text-book commission,
conditioned, that they shall comply with the terms of their
proposal to the state and such further conditions as may be
agreed upon between said text-book commission and the pub-
lishers contracting with the state. (Act approved March 7,
1907, Sec. 7). (loth Sess. Chap. 132).
798. Forfeiture of Contract for Non-Performance. — In case
the publishers of the books adopted by the said text-book com-
mission shall not on or before the i5th day of July, A. D., of
the year in which the series of text-books is to be adopted have
filed with the secretary of state their bond as hereinbefore
provided, or in case they shall not on or before the I5th day of
STATE OF MONTANA. 75
uly, A. D. of said year have performed all the obligations of
their contracts with respect to the exchange and introduction
of books and the preparation and supply of the special maps,
and the special descriptive matter for the geography so adopted,
or the special supplement for the civil government, or in
case they shall at any time thereafter violate or fail to per-
form any of the conditions specified in their bond as herein-
before provided and shall fail within reasonable time after due
notice has been given 'by the governor to make good thdr
guarantee in any respect in which they may have failed, then
this adoption shall become null and void. The said text-books
adopted by the said text-book commission under this Act
and upon compliance of the publishers of the conditions afore-
said shall continue in use for the period of five years from the
first day of September of the year above mentioned to the
exclusion of all others except as herein otherwise provided.
(Act approved March 7, 1907, Sec. 8). (loth Sess. Chap. 132).
799. Price List of Books to be Printed and Distributed. —
Whenever the publishers of the books adopted under the pro-
visions of this bill shall have filed their bonds as herein-
before provided, it shall be the duty of the state superinten-
dent of public instruction to cause all prices of the text-books
as guaranteed by the publishers to be properly printed and)
distributed through the county superintendents to the trustees
of all school districts in the state who shall cause the same 1.j
be kept constantly posted in a conspicuous place in each school
room in their district and it shall be the duty of the several
county superintendents to keep themselves informed as to
whether such prices are actually maintained by the said
publishers, and at once notify the superintendent of public
instruction of any violation of the contracts entered into by
virtue of the authority contained in this Act, which may come
to their knowledge and it shall be the duty of the superin-
tendent of public instruction to promptly communicate such
information to the governor. (Act approved March 7, 1907,
Sec. 9). (loth Sess. Chap. 132).
800. Penalty for Using Other Than Selected Books. — Any
school officer, teacher or trustee, who shall use or provide for
the use in the public schools of the state, text-books other
than those adopted by the said text-book commission, except
as herein otherwise provided, shall be deemed guilty of a
76 GENERAL SCHOOL LAW
misdemeanor, and shall be punished by a fine of not less than
twenty-five dollars nor more than one hundred dollars. (Act
approved March 7, 1907, Sec. 10). (loth Sess. Chap. 132;.
801. Annual Report as to the Use of Books. — All county
superintendents and all school officers are charged with execu-
tion of this law and the county school superintendent shall
require the trustees of the several school districts or the clerks
thereof, to report annually whether or not the authorized text-
books are used in their schools. (Act approved March 7, 1907,
Sec. n). (loth Sess. Chap. 132).
802. Election Upon Proposition to Supply Free Text Books.
— Upon the petition of five legal voters of any school district
other than in incorporated cities, and upon petition of one
hundred legal voters in incorporated cities, towns, and villages,
filed with the board of trustees o<r board of education, it shall
be the duty of the board of trustees or board of education as the
case may be to notify the voters of such school district that
an election "for" or ''against" free text-books will be held at
the next ensuing election for the members of the board of
trustees or board of education, and the ballots to such effect
shall be received and canvassed at such election and if a
majority of all votes cast in the district shall be found to be in
favor of free text-books it shall be the duty of the board of
trustees or board of education as the case may be, to purchase
at the expense of such district all the text-books required for
use of all the pupils attending school in such school district,
and said text-books shall be loaned to the pupils of said
public schools, free of charge, subject to such rules and regu-
lations as to care and custody, as the board of trustees -;r
board of education shall prescribe ; Provided, that the pupils
may purchase at cost any of the text-books so furnished, when
desired by them. Provided, that the question of free text-
books shall be submitted to a vote in every school district
in the state at the regular election held on the first Saturday .-i
April, 1907, or any year thereafter without petition as herein-
before provided for, and the notice of such election must, in
addition to the other matters required by law, contain a state-
ment of the fact that the question of free text-books will be
voted upon at such election. (Act approved March 7, 1907,
Sec. 12). (loth Sess. Chap. 132).
803. Special Levy to Provide Free Text Books. — That for
STATE OF MONTANA. 77
the purpose of raising money to pay for school books, which
may be furnished to pupils free by any district adopting free
text-books a special levy upon the taxable property of such
district, shall be made by the county commissioners of the
county on estimates furnished by the school trustees of the
district, if the money received from the general fund from the
district be insufficient and said levy shall be made within thirty
days from and after the adoption of said free text-books in any
district that has by majority vote adopted the same, and when
made the tax levied shall be collected in the same manner
as other taxes are collected ; Provided, further, that any dis-
trict that shall furnish free text-books shall have the right,
through its board of trustees, to adopt supplementary books
within the meaning of this Act and provided that this ado po-
tion has been authorized by a two-thirds vote of the trustees
of said district. (Act approved March 7, 1907, Sec. 13). (loth
Sess. Chap. 132).
804. Compensation of Text-Book Commissioners. — The
members of said text-book commission provided for by tMs
Act, shall receive the sum of $6.00 per diem for each day
necessarily engaged in transacting business and while in ses-
sion, and actual traveling expenses; and there is hereby ap-
propriated the sum of one thousand dollars per year, or 30
much thereof as may be necessary to carry out the provisions
of this Act; Provided, that said commission shall not be in
session more than ten days in any one year. (Act approved
March 7, 1907, Sec. 14). (loth Sess. Chap. 132).
78
GENERAL SCHOOL LAW
I.
II
III.
IV.
V.
VI.
VII.
Article
Article
Article
Article
Article
Article
Article
Article VIII.
Article IX.
Article X.
Article XI.
Article XII.
Article XIII.
Article XIV.
Article XV.
Article XVI.
Article XVII.
Article XVIII.
Article XIX.
Article XX.
Article XXI.
Article XXII.
Article XXIII.
Article XXIV.
CHAPTER VII.
Supermtendemt of Public Instruction.
County Superintedent of Schools.
School Districts.
Election of School Trustees.
Board of Trustees.
District Clerks.
Teachers.
Schools.
Pupils.
Free County High Schools.
Duties of County Treasurer.
Duties of County Clerk, Clerk of District Court and
the Justices of the Peace.
Teachers' Institutes.
Examinations' and Certificates.
Compulsory Attendance.
Industrial Schools.
City Superintendent of Schools.
School Funds.
Bonds.
Vacancies.
Tree Planting.
Pioneer Day.
School Libraries.
Miscellaneous.
ARTICLE I.
Superintendent of Public Instruction.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
805.
806.
807.
808.
809.
810.
811.
812.
813.
814.
815.
816.
817.
818.
819.
820.
821.
822.
Election, qualification, oath and bond.
Duties.
General powers.
Duty. Blanks.
Examinations.
Course of study.
Institute rales.
County superintendents.
Records.
School laws.
Seal.
Same.
Same.
Same.
Same.
Same.
Same.
Same.
Same. Institutes.
Same. Reports.
Same.
Apportionment of school fund.
Clerk. Salary.
Salary of superintendent of public instruction.
Expenses.
STATE OF MONTANA. 79
805. (Sec. 1700). Election, Qualification, Oath and Bond.—
There shall be chosen by the qualified electors of the state, a:
the time and place of voting for members of the legislature, a
superintendent of public instruction, who shall have attained
the age of thirty years at the time of his election, and shall
have resided within the state two years next preceding his
election, and is the holder of a state certificate of the highest
grade, isued in some state, or is a graduate of some reputable
university, college or normal school. He shall hold his office
at the seat of government, for the term of four years from 'the
first Monday in January following his election, and until his
successor is elected and qualified. Before entering upon his
duties he shall take the oath of civil officer and give a bond in
the penal sum of ten thousand dollars, with not less than two
sureties, to be approved by the governor and attorney gen-
eral. (Act approved March n, 1895).
806. (Sec. 1701.) Duties. — The superintendent shall pre-
serve in his office all books, maps, charts, works o<n educa-
tion, school reports and school laws of other states and cities,
plans for school buildings and other articles of educational
interest and value which may come into his possession as such
officer, and at the expiration of his term shall deliver them,
together with the reports, statements, records and archives
of his office to his successor. (Act approved March n, i8c)5;.
807. (Sec. 1702.) General Powers. — He shall have the gen-
eral supervision of the public schools of the state. (Act ap-
proved March n, 1895).
808. (Sec. 1703.) Duty. Blanks. — He shall cause to be
printed, and furnished to the proper officers or persons all
school registers, reports, statements, notices and blanks • for
returns needed or required to be used in the schools or by:the
school officers, in the state. He shall prepare and furnish to
school officers, through the county superintendents, lists 'of
publications approved by him as suitable for school libraries ;•
such lists shall contain also the lowest price at which such
publication can be purchased, and the terms. He shall also
prescribe rules and instructions for the proper care and use
of school libraries and such other information relative thereto
as he shall think needful. (Act approved March n, 1895).
809. (Sec. 1704.) Same. Examinations. — He shall prepare
all questions to be used in the examination of applicants for
80 GENERAL SCHOOL LAW
teachers' county certificates, and prescribe the rules and regu-
tions for conducting all such examinations. (Act approved
March n, 1895).
810. (Sec. 1705.) Same. Course of Study. — He shall pre-
pare and prescribe a course of study for all the public schools
of the state. (Act approved March n, 1895).
Sir. (1706.) Same. Institute Rules. — He shall prescribe
rules and regulations for the holding of teachers' institutes.
(Act approved March ' ri, 1895).
812. (Sec. 1707.) Same. County Superintendents. — He
shall counsel with and advise county superintendents upon all
matters involving the welfare of the schools ; he shall, when
requested, give them written answers to all questions con-
cerning the school law. He shall decide all appeals from the
decision of the county superintendent, and may for such deci-
sion, require affidavits, verified statements or sworn testimony
as to the facts in issue. He shall prescribe and cause to be
enforced rules of practice and regulations pertaining to the
hearing and determining of appeals, and necessary for carry-
in- into effect the school laws of the state. (Act approved
March ii, 1895).
813. (Sec. 1708.) Same. Records. — He shall keep a record
of his official acts, and shall file in his office all appeals and
papers pertaining thereto. (Act approved March n, 1895).
814. (Sec. 1709.) Same. School Laws. — He shall at least
once in four years cause to be printed the school laws of the
state, with such notes and decisions thereon as may seem to
him advisable and shall furnish them as they are needed to
the school officers in the state. (Act approved M'arch n,
815. (Sec. 1710.) Same. Seal. — He shall provide and keep
a seal, which shall be the official seal of the state superintend-
ent of public instruction, and by which all of his official acts
may be authenticated. (Act approved March n, 1895).
816. Same. Institutes. — He shall attend and assist at
teachers' institutes and aid. and encourage generally, teachers
in qualifying themselves for the successful discharge of their
duties. He shall also as far as he shall find practicable ad-
dress public assemblies on subjects pertaining to public, schools,
and shall labor faithfully in all practicable ways for the wel-
fare of the public schools of the state and shall perform such
STATE OF MONTANA. 81
other duties as shall- be required of him by the law. (Act ap-
proved March 8th, 1897, Sec. i). (5th Sess. 129).
817. (Sec. 1712.) Same. Report. — >He shall on or before the
first day of December preceding the biennial session of the
legislative assembly, make and transmit to the governor a re-
port showing :
1. The number of school districts, schools, teachers em-
ployed and pupils taught therein, and the attendance of pupils
and studies pursued by them.
2. The financial condition of the schools, their receipts and
expenditures, value of school houses and property, cost of
tuition and wages of teachers.
3. The condition, educational and financial, of the Normal
and higher institutions connected with the school system of
the state, and, as far as it can be ascertained, of the private
schools, academies and colleges of the state.
4. Such general matters, information and recommendations
relating to the educational interest of the state as he may deem
important. (Act approved March n, 1895).
818. (Sec. 1713.) Same. — Fifteen hundred copies of the re-
port of the superintendent of public instruction shall be printed
biennially, in the month of December preceding the session
of the legislative assembly. Two copies shall be furnished
to each of the members of the legislative assembly, one copy
to each county superintendent of the state, one copy to the
clerk of each school board, two to each state officer, one to
each state and territoritl superintendent; fifty copies shall be
filed in the office of the superintendent of public instruction
and ten in the state historical library. The balance shall
be distributed among the various college, university and other
libraries of the United States. (Act approved ^March n, 1895.)
819. (Sec. 1714.) Apportionment of School Fund. — *He shall
between the first and tenth days of February of each year, ap-
portion the state school fund among the several counties of the
state, in proportion to the number of children of school age In
each as shown by the last enumeration authorized by law. It
shall be the duty of the state board of land commissioners to
notify the state auditor on or before the tenth day of January
of each year, the amount of the state school fund subject Lo
apportionment; and the said auditor immediately upon receipt
of such notification shall issue his warrant on .the state trea-5-
82 GENERAL SCHOOL LAW
urer for the said amount. Thereupon the state treasurer shall
certify said apportionment to the several county treasurers not
later than the first Monday in March ; Provided, that the
several county treasurers have fully complied with Sec. 183
of "An Act concerning revenue," approved March 6, 1891, in
which case the county treasurers, upon receiving notice from
the state treasurer of the amounts due their counties from
the state school fund, may deduct said amount from the
amount found due the state by their counties and remit the
balance to the state treasurer. The superintendent of public
instruction shall certify to the county superintendent of schools
of each county, the amount apportioned to that county. (Act
approved March u, 1895).
State v. Cave, 20 Mont. 473; 52 Pac, 202. The superintendent
of public instruction is required to apportion the state
school funds among the counties in proportion to 'the num-
ber of children of school age in each county.
Jay v. School District, 24 Mont. 228; 61 Pac. 253. The moneys
derived from interest on the state school fund, and other
sources, controlled by the state, are apportioned to the
counties, and the amount falling to each county is made
available for school purposes not later than February 10th
of each year.
820. (Sec. 1715.) Clerk. Salary. — The superintendent of
public instruction shall have power to appoint one clerk, who
shall receive an annual salary of fifteen hundred dollars, and
shall perform such duties pertaining to the office as the super-
intendent may direct. Said clerk shall also perform the duties
of clerk of the state board of education. (Act approved
March n, 1895).
821. Salary of Superintendent of Public Instruction. — The
annual salary of the superintendent of public instruction, for ail
services now required of him or which may hereafter be de-
volved upon him by law, is three thousand 'dollars. He shall
also be paid his traveling expenses, actually and necessarily
incurred in the discharge of his duties, not to< exceed five
hundred dollars in any one year. (Act approved March 6,
1907, Sec. 2). (loth Sess. Chap. 116).
822. (Sec. 1717.) Expenses. — All necessary expenditures of
money incurred 'by the superintendent of public instruction 'for
postage, stationery, printing and expressage, not exceeding two
hundred and fifty dollars in any one year, shall be paid by the
state. (Act ap'proved March n, 1895).
STATE OF MONTANA. 83
ARTICLE II.
County Superintendent of Schools.
Section 823. Election. Term. Oath. Bond.
Section 824. General powers.
Section 825. Duty. Visiting schools.
Section 826. Same. Blanks.
Section 827. Same. Record.
Section 828. Same. Controversies.
Section 829. May administer oaths.
Section 830. Apportionment of school moneys; warrants.
Section 831. Preside at institutes.
Section 832. May issue temporary certificates.
Section 833. Annual report.
Section 834. Boundaries of school districts.
Section 835. Expenses of office.
Section 836. Must not teach.
Sectiom 837. Qualifications.
Section 838. Census to he transmitted to bureau of agriculture,
labor and industry.
823. (Sec. 1730.) Election. Term. Oath. Bond. — A
county superintendent of schools shall be elected in each
organized county in this state at the general election preced-
ing the expiration of the term of office of the present incum-
bent, arrd every two years thereafter, who shall take office on
the first Monday in January next succeeding his election, and
hold for two years or until his successor is elected and qual-
ified. The person so elected shall take the oath or affirmation
of office, and shall give an official bond to "the county in a
sum to be fixed by the board of county commissioners of said
county. The county commissioners of any county, shall, by
appointment, fill any vacancy that may occur in the office
of county superintendent, until the next general election ;
Provided, that all persons otherwise qualified shall be eligible
to the office of the county superintendent of common schools
without regard to sex. (Act approved March n, 1895).
824. (Sec. 1731.) General Powers. — The county superin-
tendent shall have the general supervision of the public schools
in his county. (Act approved March n, 1895).
825. (Sec. 1722.) Duty. Visiting Schools. — He shall visit
every public school under his supervision at least
once each official year, and oftener if he shall deem
it necessary to increase its usefulness. He shall at such visits
carefully observe the conditions of the school, the mental and
84 GENERAL SCHOOL LAW
moral instruction given, methods employed by the teacher in
teaching, training and drill, the teachers' ability, and
progress of the pupils. He shall advise and direct the teacher
in regard to the instruction, classification, government and
discipline of the school and the course of study. He shall
keep a record of such visits and by memoranda indicate his
judgment of the teacher's ability to teach and govern, and
the condition and progress of the school, which shall be open
to inspection to any school trustee. During his visits to the
schools of his county the county superintendent shall consult
with the trustees and clerks of all school districts upon ail
matters relating to the good and welfare of their schools and
shall instruct them, whenever necessary, in their duties relat-
ing to the reports to be made out by them and forwarded to
him annually as the law requires. (Act approved March 6,
1909).
826. (Sec. 1733.) Same. Blanks. — He shall carry into
effect all instructions of the state superintendent given within
his authority. He shall distribute to the proper officers and
to teachers all blanks furnished by the state superintendent and
needed by such officers and teachers. (Act approved March
n, 1895).
827. (Sec. 1734.) Same. Record. — He shall keep a record
of his official acts. He shall preserve all books, maps, charts
and apparatus sent him as a school officer, or belonging to his
office. He shall file all reports and statements from teachers
and school boards and shall turn them over to his successor
in office. (Act approved March n, 1895).
828. (Sec. 1735.) Same. Controversies. — He shall decide
all matters in controversy arising in his county in the admin-
istration of the school law or appealed to him from the deci-
sions of school officers or boards. An appeal may be taken
from his decision, in which case a full written statement of the
facts, together with the testimony and his decision in the case,
shall be certified to the state superintendent for his decision in
the matter, which decision shall be final, subject to adjudi-
cation or the proper legal remedies in the state courts. (Act
approved March n, 180,5.)
829. (Sec. 1736.) May Administer Oath. — The county
superintendent shall have power to administer oaths of office
to all subordinate school officers and to witnesses, ana to ex-
STATE OF MONTANA. 85
amine them under oath in case of appeal, of revoking the
certificate of a teacher and in all controversies and questions
arising in the administration of the school laws brought or
coming before him for opinion, order or decision; but he shall
not receive pay for administering such oaths. (Act ap-
proved March n, 1895).
830. Apportionment of School Moneys; Warrants. — The
county superintendent shall apportion all school moneys to the
school districts in accordance with the provisions of this title
quarterly, and he may make apportionments at such other time
as may be required or deemed necessary for the convenience
of school officers. He shall certify to the several district
clerks and county treasurers the amount so apportioned to the
several districts, .and the trustees shall draw their warrants
on the county treasurer in favor of persons entitled to receive
the same. Such warrant shall show for what purpose the
money is required, and no such warrant shall be drawn unless
there is money in the treasury to the credit of such district.
Provided, that school trustees shall have the authority to issue
warrants in anticipitation of school moneys which have been
levied but not collected, for the payment o;f current expenses
of schools, but such warrants shall not be drawn in any
amount in excess of the sum already levied. (Act approved
March i/j-th, 1901, Sec. i). (7th Sess. 121).
State v. Cave, 20 Mont. 473; 52 Pac. 202.
Jay v. iSchool District, 24 Mont. 228; 61 Pac. 253.
831. (Sec. 1738.) Preside at Institutes. — He shall preside
over all teachers' institutes held in his county, and shall elec:
suitable persons to instruct therein from the list of teachers
commissioned by the state board of education. (Act approved
March n, 1895).
832. (Sec. 1730.) May Issue Temporary Certificates. — He
shall have power to issue, if he deem it proper to do so, tem-
porary certificates, valid until the next regular examination,
to persons holding certificates of like grade granted in other
counties, or upon any certificates or diplomas possessed by the
applicant sho-wing his fitness for the profession of teaching;
Provided, that no person shall be entitled to receive such tem-
porary certificates more than once in the same county. (Act
approved March n, 1895).
833. (Sec. 1740.) Annual Report. — He shall, on or before
88 GENERAL SCHOOL LAW
ARTICLE III.
School Districts.
Section 839. School district defined.
Section 840. Organization of new district.
Section 841. District boundaries.
Section 842. Apportionment of moneys to new districts.
Section 843. Division of district funds and property.
Section 844. District in two counties.
Section 845. Employment of teacher not qualified.
Section 846. Mtust maintain school for four months. Division of
district.
Section 847, Unauthorized text books; penalty.
Section 848. Powers as body corporate.
Section 849. When district may be created.
839. (1750.) School District Defined. — The term "school
district," as used in this title, is declared to mean the territory
under the jurisdiction of a single board, designated as "board
of trustees," and shall be organized in form and manner as
hereinafter provided, and shall be known as district No
of county ; Provided, that all school districts now
existing, as shown by the records of the county superintend-
ents, are hereby recognized as legally organized districts.
(Acts approved March n, 1895).
840. (1751.) Organization of New District. — For the
purpose of organizing a new district, a petition in
writing shall be made to the county superintendent,
signed by the parents or guardians of at least ten census
children, between the ages of six and twenty-one years,
residing within the boundaries of the proposed new district,
and residing at a greater distance than two miles from any
school house, which petition shall describe the boundaries of
the proposed new district and give the names of all children
of school age residing within the boundaries of the proposed
new district, at the date of presenting said petition. The
County Superintendent shall give notice to parties interested
by posting notices at least ten days prior to the time appointed
by him for considering said petition, in at least three of the
most public places in the proposed new district, and one on
the school house door of each district affected by the proposed
change, or if there be no school house, then in one of the
most public places of said old district, and shall on the day fixed
in the notice proceed to hear said petition, unless a protest,
STATE OF MONTANA. 89
in writing, signed by at least a majority of the tax paying
freeholders residing within such proposed school district shall
be filed with the county superintendent of schools before or
at the time fixed in the notice of the hearing of said petition,
and in that event such new and proposed school district shall
not be created. If no such protest be filed then the county
superintendent shall make an order establishing said district
and describing the boundaries thereof, and from any order
made by the county superintendent of schools an appeal may
be taken by three resident taxpayers of said new district to
the board of county commissioners within thirty days, and
their decision shall be final ; Provided, that should the countv
superintendent refuse to make an order establishing said new
district an appeal may be taken by three resident tax payers of
said new district, in the manner hereinbefore described ; Pro-
vided, that no new school district shall be established whicn
does not contain property of an assessed valuation of at least
Ten Thousand Dollars ($10,000), as shown by the last official
assessment roll of the county in which said proposed school
district is located. (Approved March 3, 1911).
841. (Sec. 1752.) District Boundaries. — The boundaries of
any district cannot be changed, except in forming new dis-
tricts, unless a majority of heads of families residing on the
territory which it is proposed to transfer, or include, present
a petition in writing to the county superintendent, which
petition shall describe the change which it is proposed to have
made. It shall also state the reason for desiring said change
and the number of children of school age residing in the terri-
tory to be transferred or included. The county superintendent
shall file said petition in his office, and shall give notice to
parties interested by posting notices at least ten days prior to
the time appointed for considering said petition, one of which
shall be in a public place in the territory which it is proposed
shall be annexed or transferred, and one on the door of the
school house in each district affected by the change, or if
there be no school house in such district, then in some public
place in such district or districts, and at the time stated in
said notices he shall proceed to hear said petition and if he
deem it advisable, he shall grant the same and make an order
fixing the boundaries, and unless an appeal be taken to the
board of county commissioners within thirty days,, and upon
88 GENERAL SCHOOL LAW
ARTICLE III.
School Districts.
Section 839. School district defined.
Section 840. Organization of new district.
Section 841. District boundaries.
Section 842. Apportionment of moneys to new districts.
Section 843. Division of district funds and property.
Section 844. District in two counties.
Section 845. Employment of teacher not qualified.
Section 846. Muist maintain school for four months. Division of
district.
Section 847, Unauthorized text books; penalty.
Section 848. Powers as body corporate.
Section 849. When district may be created.
839- (1750.) School District Defined.— The term "school
district," as used in this title, is declared to mean the territory
under the jurisdiction of a single board, designated as "board
of trustees," and shall be organized in form and manner as
hereinafter provided, and shall be known as district No
of county ; Provided, that all school districts now
existing, as shown by the records of the county superintend-
ents, are hereby recognized as legally organized districts.
(Acts approved March n, 1895).
840. (1751.) Organization of New District. — For the
purpose of organizing a new district, a petition in
writing shall be made to the county superintendent,
signed by the parents or guardians of at least ten census
children, between the ages of six and twenty-one years,
residing within the boundaries of the proposed new district,
and residing at a greater distance than two miles from any
school house, which petition shall describe the boundaries of
the proposed new district and give the names of all children
of school age residing within the boundaries of the proposed
new district, at the date of presenting said petition. The
County Superintendent shall give notice to parties interested
by posting notices at least ten days prior to the time appointed
by him for considering said petition, in at least three of the
most public places in the proposed new district, and one on
the school house door of each district affected by the proposed
change, or if there be no school house, then in one of the
most public places of said old district, and shall on the day fixed
in the notice proceed to hear said petition, unless a protest,
STATE OF MONTANA. 89
in writing, signed by at least a majority of the tax paying
freeholders residing within such proposed school district shall
be filed with the county superintendent of schools before or
at the time fixed in the notice of the hearing of said petition,
and in that event such new and proposed school district shall
not be created. If no such protest be filed then the county
superintendent shall make an order establishing said district
and describing the boundaries thereof, and from any order
made by the county superintendent of schools an appeal may
be taken by three resident taxpayers of said new district to
the board of county commissioners within thirty days, and
their decision shall be final; Provided, that should the county
superintendent refuse to make an order establishing said new
district an appeal may be taken by three resident tax payers of
said new district, in the manner hereinbefore described ; Pro-
vided, that no new school district shall be established whicn
does not contain property of an assessed valuation of at least
Ten Thousand Dollars ($10,000), as shown by the last official
assessment roll of the county in which said proposed school
district is located. (Approved March 3, 1911).
841. (Sec. 1752.) District Boundaries. — The boundaries of
any district cannot be changed, except in forming new dis-
tricts, unless a majority of heads of families residing on the
territory which it is proposed to transfer, or include, present
a petition in writing to the county superintendent, which
petition shall describe the change which it is proposed to have
made. It shall also state the reason for desiring said change
and the number of children of school age residing in the terri-
tory to be transferred or included. The county superintendent
shall file said petition in his office, and shall give notice to
parties interested by posting notices at least ten days prior to
the time appointed for considering said petition, one of which
shall be in a public place in the territory which it is proposed
shall be annexed or transferred, and one on the door of the
school house in each district affected by the change, or if
there be no school house in such district, then in some publ'c
place in such district or districts, and at the time stated in
said notices he shall proceed to hear said petition and if he
deem it advisable, he shall grant the same and make an order
fixing the boundaries, and unless an appeal be taken to the
board of county commissioners within thirty days,, and upon
90 GENERAL SCHOOL LAW
a hearing thereof the decision of said board shall be final. All
of the papers, documents and records in the case shall be certi-
fied to the county • commissioners for their determination of
the matter on appeal; Provided, that two or more districts
lying contiguous may, upon a petition of a majority of the
heads of families residing in each of said districts presented
to the county superintendent in writing, be united to consti-
tute but one district; Provided, further: That joint dis-
tricts (districts lying partly in one county and partly in an-
other) may be formed in the same manner as other new dis-
tricts are formed, except that the petition herein provided for
must be made to the county superintendent of each county
affected; but in the case of joint districts, all of the provisions
herein enumerated for the formation of a new district must be
by concurrent action of the superintendent of each county
affected. (Act approved March n, 1895).
842. (Sec. 1753.) Apportionment of Moneys to New Dis-
tricts.— No new district, formed by the subdivision of an old
one, shall be entitled to any share of public money belonging
to the old district until a school has actually been taught one
month in the new district, and unless within eight months
from the order of the county superintendent granting such
new district, a school is opened, the action making a new dis-
trict shall be void and all elections or appointments of trustees
or clerks made in consequence of such action, and all rights
and office of parties so elected or appointed shall cease and
determine. (Act approved March n, 1895).
843. (Sec. 1754.) Division of District Funds and Property
1 — When a new district is formed from one or more old ones,
the school funds remaining to the credit of the district, after
providing for all outstanding debts, excepting debts incurred
for building and furnishing school houses, shall be divided as
follows: The basis for the division of the school fund shall be
the school population, as shown by the last school census
before the division of the district or districts occurred, and
shall apply to such funds as remain to the credit of said old
district or districts at the time of the organization of said new
district, and said district shall receive funds in proportion to
its per cent, of the said census. In case of division, 'each dis-
trict shall own and hold all permanent property such as sites,
school houses and furniture situated within its boundaries.
STATE OF MONTANA. 91
All division of funds under this provision shall i>e 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 notified
of such division by the county superintendent, shall retain
all moneys received in payment of such special tax until the
same shall be apportioned by the county superintendent, whose
duty it shall be to apportion said money quarterly between the
fractions of the divided district, according to the location of
the property on which said tax was levied. At the first ap-
portionment after the organization of a new district, the county
superintendent shall apportion 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 treas-
ury on account of such district, until a school shall have been
taught therein one month. (Act approved March n, 1895).
844. (Sec. 1755.) District in Two Counties. — Whenever a
district lies partly in one county and partly in another, the
county superintendent must apportion to such district such
proportion of the school monev to which such district is enti-
tled as the number of school census children residing in that
portion of the district situate in his county bears to the whoie
number of school census children in- the whole district. The
trustees and teachers of joint districts must make to the
superintendent of each county in which the district is located,
the reports which other trustees and teachers are required)
to make and also the number of pupils attending the school
from each county; and all other acts which from their nature
should be separately kept and done, 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 certificates, from the superintendent of the county
in which the school house is located. (Act approved March
u, 1895).
845. Employment of Teacher not Qualified. — The board of
trustees of any school district who shall employ any teacher
who is not legally qualified to teach in public schools of their
district, shall be deemed guilty of a misdemeanor ; Provided,
that this Section shall not apply to those trustees who do not
consent to such employment. (Act approved March i4th,
1901, Sec. 3). (7th Sess. Chap. 122).
92 GENERAL SCHOOL LAW
Jay v. School District, 24 Mont. 223; 61 Pac. 251. A contract
for the employment of a teacher holding a certificate for
a school year of nine months, is of no effect. Teachers
must make annual reports to the county superintendent,
or if the employment be only three months, at the end
of such time.
846. Must Maintain School for Four Months. Division of
District. — No school district shall be entitled to receive any
apportionment of any school moneys, which shall not have
maintained a free school for at least four months during the
next preceding school year, nor shall any school district, which
fails to make its annual report to the county superintendent,
as provided by law, on or before October I5th of each year,
be entitled to receive any apportionment of any school moneys.
Any and all such moneys thus forfeited by any school district
shall be apportioned by the county superintendent to other
school districts of his county; Provided, that any new district
formed by the division of an old one shall be entitled to its
apportionment, where the time that school was maintained In
the old district before division, and in the new one after divi-
sion, shall be equal to at least four months, and, provided
further, that in isolated sections of a district consisting of not
less than four children and districts not less than five miles
from the established school house in such district, where a
school is maintained for three or four months by a regular
qualified teacher for the benefit of the children of the families
of such section, such district may draw the apportionment of
school money for the children so attending said schools. (Act
approved March 6; 1909).
847. Unauthorized Text-Boks; Penalty. — The trustees of
any school districts using text-books other than those pre-
scribed by law (except for supplementary purposes) shall
be deemed guilty of a misdemeanor. Provided, that the fore-
going shall only apply to those trustees consenting to the use
of such other books. (Act approved March 8th, 1897, Sec. 4).
(5th Sess. 130).
848. (Sec. 1759.) Powers as Body Corporate. — Every
school district constituted and formed as provided in this title
shall be and is hereby declared to be a body corporate, and
under its own proper name or number as such corporate body
may sue and be sued, contract and be contracted with, and may
acquire, purchase and hold and use personal or real property
STATE OF MONTANA. 93
for school purposes mentioned in this title, and sell and dis-
pose of the same. (Act approved March u, 1895).
Jay v. School district 24 Mont. 232; 61 Pac. 254. School dis-
tricts are .public corporations 'but their powers are very
limited. They can exercise none except such as are con-
ferred by the law creating them.
849. (Sec. 1760.) When District May be Created. — 'No
school district shall be created between the first day of March
and the first day of September following of each year. (Act
approved March n, 1895).
ARTICLE IV.
Election of School Trustees.
Section 850. Election of trustees, classification of districts.
Section 851. Elections in districts of first class.
Section 852. Conduct of election.
Section 853. Counity commissioners to call election.
Section 854. Appointment of judges and notices of election.
Section 855. Hours* of election.
Section 856. Publication of notice of election.
Section 857. Qualification of electors.
Section 858. Ballots and method of voting.
Section 859. Challenges. Oath of voters.
Section 860. Tally list and certificates of votes cast.
Section 861. Canvass of votes.
Section 862. Term of office. Oath of trustee.
Section 863. Qualification of trustee.
Section 864. Registration of voters.
Section 865. Duty of registry agent.
Section 866. Expenses of election.
Section 867. -Bond and compensation of trustees.
850. Election of Trustees; Classification of Districts. — An
annual election of school trustees shall be held in each school
district in the state on the first Saturday in April in each year,
at the district school house, if there be one, and if there be
none, at a place designated by the board of trustees or the
county commissioners, as the case may be. All districts hav-
ing a population of eight thousand or more, are, and hereafter
shall be, districts of the first class. All districts having a
population of one thousand, or more, and less than eight thou-
sand, are, and hereafter shall be, districts of the second class,
and all districts having a population of less than one thousand
are, and hereafter shall be, districts of the third class. In dis-
94 GENERAL SCHOOL LAW
tricts of the first class, the number of trustees shall be seven;
in districts of the second class the number of trustees shall be
five, and in districts of the third class the number of trustees
shall be three. In school districts having a population of over
twenty thousand people there shall be elected at the annual
election of school trustees to be held on the first Saturday in
April, 1911, two trustees for the term of three years each; and
that on the first Saturday in April 1912, there shall be elected
three trustees for the term of three years each, and two trus-
tees for the term of one year each; and thereafter there shall
be elected at the annual election of school trustees, a trustee
or trustees, to succeed the trustee or trustees whose term ex-
pires, whkh election shall be for the term of three years. A
vacancy in the office of school trustee must be filled by ap-
pointment by the County Superintendent of Schools subject ro
confirmation by a majority of the remaining members of said
Board, if those remaining constitute a majority of the total
number of the board, which trustee so appointed shall hold
office until the next annual election, at which election there
shall be elected a school trustee for the unexpired term.
Approved Feb. 10, 1911.
851. Election in Districts of First Class. — In districts of the
first class the election shall be under the supervision of the
board of county commissioners of the county in which the
same are situated, and shall be held and conducted as herein-
after provided. (Act approved March 6th, 1897, Sec. 2). (5':h
Sess. 137).
852. Conduct of Election. — In districts of the second and
third classes, the election of school trustees shall be held and
conducted under the supervision of the board of school trustees.
The clerk of the school district must not less than fifteen days
before the election required under this Act, post notices in
three public places in said district, and in incorporated cities
in each ward, which notices must specify the time and place
of election, and the. hour during which the polls will be opened.
The trustees must appoint by an order entered in their records
three qualified electors of said districts, to act as judges at
such election, and the clerk of the district shall notify them
, by mail of their appointment. Said judges shall appoint one of
their number to act as clerk at such election. If the judges
named are not present at the time for opening the polls, the
STATE OF MONTANA. 95
electors present may appoint judges, and the judges so ap-
pointed shall designate one of their number to act as clerk.
In the districts of the second and third classes, having fifty or
more children of school age, the names of all candidates ipf
membership on the school board must be received arid filed
by the clerk and posted at each polling place at least five
days next preceding the election. Any five qualified electors
of the district may file with the clerk the nominations of as
many persons as are to be elected to the school board at the
ensuing election. (Act approved February 28th, 1899, Sec.
i). (6th Sess. 56-7).
853. County Commissioners to Call Election. — The board of
county commissioners shall, at least thirty days before the
annual election of school trustees, by an order entered upon
the minutes of their meeting, designate and establish a suitable
number of polling places, and create an equal number of elec7
tion precincts to correspond, and define the boundaries thereof.
(Act approved March 3rd, 1899, Sec. 2). (6th Sess. 58).
Hauswirth v. Mueller, 25 Mont. 160; 64 Pac. 325.
854. Appointment of Judges and Notices of Election. — The
board of county commissioners shall, at least ten days before
the day of annual election for trustees in any district of the
first class, appoint three qualified electors of the district for
each polling place established, to act as judges of election, and
the county clerk shall notify such persons by mail of their
appointment. Such judges shall .designate one of their num-
ber to act as clerk at such election. If the judges appointed
or any of them are not present at the time for the opening of
the polls, the electors present may appoint judges, who must
be qualified electors to act in the place of those who are absent.
The county clerk shall, at least fifteen days before the election
required to be held under this Act, in districts of the first class,
give notice of the election to be held in all said districts, by
posting a notice thereof in three public places in the district,
and in incorporated cities and towns in each ward, which
notices must specify the time and place of election, the num-
ber of trustees to be elected, and the hours during which the
polls will be open. (Act approved March 6th, 1897, Sec. 5).
(5th Sess. 138).
855. Hours of Election. — In districts of the first class the
polls must be opened at eight o'clock A. M., and kept open
96 GENERAL SCHOOL LAW
until twelve o'clock M., and from one o'clock P. M., until
eight o'clock P. M. In districts of the second and third classes
the polls may be opened for such length of time as the board
of trustees may order: Provided that, such polls must be kept
open from two o'clock P. M., to six o'clock P. M. (Act ap-
proved March 6th, 1897, Sec. 6). (5th Sess. 138).
856. Publication of Notice of Election. — 'Whenever in the
judgment of the board of county commissioners the best inter-
ests of the district will be served by the publication of such
notices of election in some newspaper in the county, they may,
by an order entered on the minutes of their meeting, direct the
county clerk to publish the notice of election required to be
given in districts of the first class in some newspaper in the
county. (Act approved March 6th, 1897, Sec. 7). (5th Sess.
138).
857. Qualification of Electors. — Every citizen of the United
States who has resided in the State of Montana for one year,
and thirty days in the school district next preceding the elec-
tion, may vote thereat. Women of the age of twenty-one years
and upwards who are citizens of the United States, and who
have resided in the State of Montana one year, and in the
school district for thirty days next preceding the day of elec-
tion, may vote thereat; Provided, however, that before any
such person shall be entitled to vote in any district of the first
class, he or she shall have registered as in this Act hereinafter
required. (Act approved March 6th, 1897, Sec. 8). (5th
Sess. 138-9).
858. Ballots and Method of Voting. — The voting must be by
ballot, without reference to the general election laws in regard
to nominations, form of ballot, or manner of voting in districcs
of the second and third class. But in districts of the first
class the ballot shall show the name or names of the candi-
dates and the length of time for which they are to be elected.
These ballots shall be as near as possible in the following
form :
STATE OF MONTANA. 97
FOR SCHOOL TRUSTEES.
For three (3) year term.
Vote for three:
JOHN ABNER.
WILLIAM BROWN.
ADAM SMITH.
For one (i) year term.
Vote for one.
GEORGE DAVIS.
In districts of the first class no person shall be voted for
or elected as trustees, unless he or she has been nominated
therefor by a bona fide public meeting held in the district at
least ten days before the day of election, and at which at least
twenty qualified electors were present, and a chairman and
secretary were elected, and a certificate of such nomination
setting forth the place where the meeting was held, giving the
names of the candidates in full, and if there are different terms
to be filled, the term for which such candidate was nominated,
duly certified by the chairman and secretary of such meeting,
shall be filed with the county clerk at least eight days before
the day of election. The nomination and election of any per-
son shall be void, unless he or she was nominated at a meet-
ing as above provided at which at least twenty qualified
electors were present, and his or her nomination certified and
filed as aforesaid, and the county commissioners shall not
count any votes cast for any person, unless he or she has
been so nominated and a certificate thereof filed as herein re-
quired. The county commissioners shall cause to be printed
ballots of the form aforesaid, on which shall appear the names
of all persons who are regularly nominated and whose certifi-
cate of nomination was properly filed as aforesaid. In dis-
tricts of the first class the person desiring to vote shall, at
the time he or she presents his or her ballot, announce his
or her name, and the judges of election if they find such name
on the official check list, or if not and he or she takes the
98 GENERAL SCHOOL LAW
oath herein prescribed, one of the judges shall take the bal-
lot and deposit it in the ballot box, and the clerk shall immed-
iately write the name of such person on the poll list and one
of the judges shall write opposite the said name on the official
check lists the word "voted." Any person voting at such elec-
tion who is not entitled to a vote, and any person voting more
than once thereat, shall be guilty of a misdemeanor and shall
be punished accordingly ; and any person taking a false oath,
shall be guilty of perjury. No person shall be entitled to a
vote at any election for school trustees in any district of the
first class unless his or her name shall, on the day of election,
appear on the official check list furnished by the county clerk
to the judges of election; Provided, however, if any person,
otherwise qualified to vote, makes oath before one of the
judges that he or she registered at any registry precinct in
such district, naming it, before a registry agent, giving h;3
name, to vote at said election, and that his or her name does
not appear correctly oh said check list, or has been omitted
therefrom, or that by reason of absence or sickness during the
period of registration he or she was unable to register, the
judges of election shall make an entry opposite his or her name
on the poll list to the effect that he or she was sworn and
voted, and shall permit him or her to vote. The county com-
missioners shall provide for each election of trustees double
as many ballots as there are voters registered within such dis-
trict. No other ballot than that provided by the county com-
missioners shall be received by the judges, and in districts of
the first class, where a daily paper is issued, the commis-
sioners shall cause to be published in at least one paper for
three days preceding the election, such official ballot, and in
such districts where there is no daily paper, but a weekly, the
official ballot shall be printed at least once in a weekly paper.
Trustees must provide in each polling place designated by them
a sufficient number of booths, places, or compartments, which
must be furnished with such supplies as shall enable the elector
to conveniently prepare his or her ballot, and in which electors
screened from observation must mark their ballots. Guard
railing must be so constructed that only persons within such
railing and officers of election can approach within ten feet of
the ballot boxes or the booths herein provided. Before de-
livering any ballot to an elector the judges must print on the
STATE OF MONTANA. 99
back and near the top of the ballot, with a rubber stamp, the
designation "official ballot." Each qualified elector shall re-
ceive from the judge one ballot. The elector on receiving his
or her ballot must forthwith without leaving the polling place,
and within the guard rail provided, and alone, retire to one OL
the booths or compartments, and prepare his or her ballot, by
marking a cross before the name of each candidate for whom he
or she desires to vote. After preparing his or her ballot the
elector must fold it so that the face of the ballot will be con-
cealed and so that the endorsement stamped thereon may be
seen. He or she must then vote forthwith, and before leaving
the polling place. Any elector who, because of physical dis-
ability or inability to read the English language is unable to
mark his ballot, may request one of the judges to help him or
her. Any elector who, by accident or mistake spoils his or
her ballot, may on returning the spoiled ballot receive another.
(Act approved March 6th, 1897, Sec. 9). (5th Sess. 139-141).
State v. Long, 21 Mont. 32; 52 Pac. 647.
859. Challenges. Oath of Voters. — Any person offering to
vote may be challenged by any elector of the district, and the
judges must thereupon administer to the person challenged,
an oath. in substance as follows: "You do solemnly swear that
you are a citizen of the United States ; that you are twenty-
one years of age; and that you have resided in this state one
year, and in this school district thirty days next preceding this
election, and that you have not voted this day. So help you
God." If he or she is a resident of a district of the second or
third class, and he or she takes this oath, his or her vote must
be received; otherwise rejected. If he or she is a resident of a
district of the first class and takes this oath, and has complied
with the provisions of this Act, with reference to elections
therein or complies herewith, his or her vote must be received ;
otherwise it shall be rejected. Any person who shall swear
falsely before any registry agent or judge of election, shall be
guilty of perjury and shall be punished accordingly. (Act
approved March 6th, 1897, Sec. 10). (5th Sess. 141).
State v. Long, 21 Mont. 32; 52 Pac. 647.
860. Tally List and Certificates of Votes Cast— At every
election held under this Act, in the districts of the first class, a
poll and tally list shall be kept by the judges and clerk at each
polling place, and immediately after the close of the polls the
100 GENERAL SCHOOL LAW
judges shall count the ballots, and if there be more ballots
than votes cast the judges must draw by lot from the ballots
without seeing them, a sufficient number of ballots to make the
ballots remaining correspond with the number of votes cast.
The clerk shall write down in alphabetical order in a poll book
provided for that purpose the name of every person voting
at the time he or she deposits his or her ballots. There shall
also be provided a tally list for each polling place; after the
ballots have been counted and made to agree with the poll list,
the judges shall proceed to count them. The clerk shall enter
in the tally list the name of every person voted for trustee,
and the term, and tally opposite his or her name, the number
of votes cast for him or her and at the end thereof set down
in a column provided for that purpose the whole number of
votes he or she has received. The judges and clerk shall sign
a certificate to said tally list setting forth the whole number
of votes cast for each person or trustee, designating the term,
and they shall verify the same as being correct to the best of
their knowledge before an officer authorized to administer
oaths. No informality in such certificate shall vitiate the elec-
tion, if the number of votes received for each person can rea-
sonably be ascertained from said tally list. In districts of the
second and third class said books and tally list shall be re-
turned to the board of trustees of the district, who shall can-
vass the vote and cause the clerk of the district, to issue certi-
ficates of election to the person or persons elected, designating
their term, a copy of which must be forwarded to the county
superintendent of schools. In districts of the first class said
poll books and the tally lists shall be delivered to the county
clerk, and the board of county commissioners shall canvass
the votes. School trustees are hereby authorized to admin-
ister oaths to the judges of election, and the oath of office
to the trustees elected. (Act approved March 6th, 1897, Sec.
n). (5th Sess. 142).
861. Canvass of Votes.— The board of county commissioners
shall canvass the votes of all districts of the first class in the
same manner that they are required to canvass the votes at
other elections and declare the results. The county clerk shall
thereupon make out and mail to the person or persons elected
a certificate of election, stating the term, and shall mail a
copy thereof to the county superintendent of schools. (Acr
approved March 6th, 1897, Sec. 12). (5th Sess. 142-3).
STATE OF MONTANA. 101
862. Term of Office; Oath of Trustee.— Trustees elected
shall take office immediately after qualifying and shall hold
office for the term of three years and until their successors
are elected and qualified, or appointed by the county super-
intendent of schools and qualified. Every trustee elected shall
file his or her oath of office with the county superintendent
of schools. Any trustee who shall fail to qualify within fifteen
days after being elected shall forfeit all rights to office, and
the county superintendent of schools shall appoint to fill the
vacancy. (Act approved March 6th,x 1897, Sec. 13). (5th
Sess. 143).
863. Qualification of Trustee. — Any person, male or female
who is a qualified voter at any election under this Act, shall be
eligible to office of school trustee in such district. (Act ap-
proved March 6, 1897, Sec. 14). (5th Sess. 143).
864. Registration of Voters. — The board of county commis-
sioners of every county in which there shall be a school dis-
trict of the first class shall, at least fifteen days before the
school election for the year 1897, and thereafter at least twenty
days before the next annual school election, by order entered
on the minutes of the board, lay out such district into not less
than two nor more than thirty registry precincts as may seem
to the board most necessary, and shall define the boundaries
thereof, which shall be known as School Registry Precinct No.
i, School Registry Precinct No. 2, and so on. They shall at
the same time the registry precincts are established, appoint
one person, male or female, qualified to vote at the coming
election in such precinct, registry agent for such precinct, and
of the number of registry agents appointed, they shall desig-
nate one as principal registry agent for said school district.
All registry agents shall be appointed annually, and they are
hereby authorized and empowered to administer oaths and
affirmations, and to do such other acts as may be necessary to
carry out the purposes of this Act. Before entering upon the
duties prescribed in this Act, the registry agents must severally
take and subscribe before an officer authorized to administer
oaths the constitutional oath of office, and file the same with
the county clerk of their respective counties. The board of
county commissioners shall designate the place where the
office of every registry agent appointed under this Act shall
be kept, and they shall cause to be published in a newspaper
102 GENERAL SCHOOL LAW
in the district, or posted in at least three places in each registry
precinct, a notice of registration, which shall describe the
boundaries of each registry precinct, give the location of the
office, and the name of the registry agent therefor, and
the date when, and the hours during which the office of the
registry agent will be open, and during which persons residing
in said precinct may apply and be registered therein. This
notice must be published or posted for three days preceding the
day when the registration begins, and continued until regis-
tration is closed, and shall be issued and signed by the county
clerk. Every registry agent appointed under this Act, shall
open his office for the purpose of registering votes in his or
her district on the tenth day preceding the day of the next
annual election for school trustee; Provided, said day be not
Sunday or a legal holiday; and should said day be Sunday or
a legal holiday, then he or she shall open his or her office on
the ninth day next preceding the day of election. He or she
shall keep his or her office open between the hours of nine
A. M., and twelve M., and one P. M., and five P. M., and
from six P. M., until ten P. M., for the period of three days,
not including Sunday or a legal holiday and during said time
he or she shall register the names of all persons residing in
his or her registry precinct, qualified and entitled to vote
at the coming election, or who will have a vote thereat under
the provisions of this Act. Registry agents shall not sit on
Sundays or legal holidays, and while not required to register
during the hours of from twelve to one P. M., and five to six
P. M., they may nevertheless do so if they desire. Each reg-
istry agent shall be provided with an official register. He or
she shall enter therein under the proper heading, the number
and date of registration, the name, with the first or given
name in full and the nativity of the elector, together with the
nnmber or particular description of the house, room or building
where the elector resides so as' to reasonably identify the
same. The names shall be entered in alphabetical order the
surname being written first. Every person desiring to be
registered for such election must apply to the registry agent
for the precinct in which he or she shall reside, at his or her
office during the hours of registration. No persons shall be
registered by any registry agent unless such person is at the
time a resident of his or her precinct. Every person applying
STATE OF MONTANA. 103
tc the registry agent shall before he or she shall be entitled
to have his or her name registered, take and subscribe to the
following oath or affirmation, which shall be administered by
the registry agent to-wit: "I do solemnly swear or affirm
that I am a citizen of the United States, or that I am entitled
to become a citizen of the United States, and it is my honest
intention to become such before the school election day of this
year; and that I am of the age of twenty-one years, ana will
have actually and not constructively, been a bona fide resident
in Montana twelve months, and in the school district thirty
days next preceding the day of election, and that I am not
registered elsewhere in this school district for this election
year. So help me God." The registry books shall be open
at all times to the inspection of any electors of the district.
(Act approved March 6, 1897, Sec. 14). (5th Sess. 143).
Hauswirth v. Mueller, 25 Mont. 162; 64 Pac. 326.
865. Duty of Registry Agents. — The county commissioners
in establishing the voting precincts and registry precincts shall
so arrange them that each voting precinct in which the polling
place shall be established shall be composed of a certain num-
ber of designated registry precincts. On the next day suc-
ceeding that on which the registration is closed each registry
agent shall deliver to the county clerk of his or her county
his or her official registry duly certified by himself or her-
self. The principal registry agent of each district shall im-
mediately enter upon the work of making therefrom official
check lists. He or she shall copy into books to be provided for
that purpose and to be known as the official check lists for
each election precinct, designating the number of the vot-
ing precinct thereon, all the names in alphabetical order con-
tained in the several official registers which have been returned
from the several registry precincts within said voting precinct,
together with the other entries contained in the official reg-
isters and shall complete the making of one official check list
in such manner for each election or voting precinct which has
been established, within five days. The county commissioners
shall allow him or her such assistance as may be necessary
to complete such official check list within such time. When
he or she has completed the official list he or she shall verify
each of them by his oath, that the same is correct according to
his or her best information, knowledge and belief and deliver
104 GENERAL SCHOOL LAW
the same with all official registers to the county clerk who
shall on the day of election at or before the time for the
polls to open, deliver the official check list for each election
precinct or polling place to one of the judges thereof at such
polling place. (Act approved March 9, 1897, Sec. 14.) (5th
Sess. 145).
866. Expenses of Election. — All the expenses necessarily in-
curred in the matter of holding elections for school trustees
shall be paid out of the school funds of the district. For dis-
tricts of the first class the county commissioners shall provide
all the stationery, books and supplies and all bills and claims
therefor and for the expenses of such election shall be present-
ed to and allowed by the board of county commissioners when
audited by the county auditor as other claims, and said board
shall thereupon cause the same to be certified and delivered by
the county clerk to the proper board of school trustees, who
shall cause the same to be paid out of the school funds of the
district as other school expenses are paid. All registry agents
shall receive the sum of four dollars per day each for the time
which they shall be engaged in work of registration; judges of
election in districts of the first class shall receive not to exceed
five dollars per day each for all services connected with the
election. Judges of election in" other districts shall receive
no compensation. The compensation hereby provided shall
be paid in the same manner as other claims. (Act approved
March 6th, 1897, Sec. 14). (5th Sess. 143-6).
867. Bond and Compensation of Trustees. — Every school
trustee in a district of the first class, provided said districts
shall have a population not less than twenty thousand, shall
give an official bond in the sum of ten thousand dollars, for
the faithful discharge of his or her duties, which bond shall
be approved by the district judge and filed with the county
clerk, and every such trustee shall be entitled to receive out of
the school funds of the district the sum of four dollars for
each meeting of trustees, which he or she shall attend in giving
the necessary attention to school business, not exceeding how-
ever, one meeting each week, and he or she shall receive no-
compensation for his or her attendance at any meeting unless
he or she attends throughout its entire session. The com-
pensation here provided shall be audited and allowed by the
board of trustees and entered upon their records. (Act ap-
STATE OF MONTANA.
105
proved March 3rd, 1899). (6th Sess. 58-9)
State v. Long, 21 Mont. 33; 52 Pac. 647.
Section 868.
Section 869.
Section 870.
Section 871.
Section 872.
Section 873.
Section 874.
Section 875.
Section 876.
Section 877.
Section 878.
Section 879.
Section 880.
Section 881.
Section 882.
Section 883.
Section 884.
Section 885.
Section 886.
Section 887.
Section 888.
Section 889.
Section 890.
Section 891.
Section 892.
Section 893.
Section 894.
Section 895.
Section 896.
Section 897.
Section 898.
ARTICLE V.
Board of Trustees.
Powers. Quorum.
Term.
Trustees of new district.
Annual meeting. Clerk. Bond.
Meeting of board.
Financial statement.
Chairman. Rules.
Powers and duties.
Pupils may attend in any district.
Transportation of pupils.
Duties concerning out houses.
Same.
Penalty.
Power over property.
iShall not be interested in contracts.
Liability.
May establish high schools.
Misdemeanor. Penalty.
Re-payment of loans.
Must procure American flags.
Flagsi to be displayed.
Expenses of flags.
Refunding bonds.
Disposal of proceeds of bonds.
District responsible on bonds.
Must levy tax for interest, etc.
Redemption of bonds.
Payment of interest.
Preparatio'n of bauds.
Felony. Penalty.
Surplus money used for building.
868. (Sec. 1790.) Powers. Quorum. — Except when other
wise authorized by law every school district is under the con-
trol of a board of school trustees, consisting of three mem-
bers, a majority of which constitutes a quorum for the trans-
action of business. (Act approved March II, 1895).
Campana v. Calderhead, 17 Mont. 551; 44 Pac. 84.
869. (Sec. 1791.) Term. — The term of office of school
trustees is three years from the third Saturday next succeeding
their election. (Act approved March n, 1895).
106 GENERAL SCHOOL LAW
870. (Sec. 1792.) Trustees of New District. — When a new
district is organized, such trustees of the old as reside within
the limits of the new one shall be trustees in the new district,
and the county superintendent must appoint the remaining
trustees for the new and the old districts, who shall 'hold office
until the next annual school election. (Act approved March
ii, 1895).
871. Annual Meeting. Clerk. Bond. — The school trustees
shall meet annually on the third Saturday in April, and organ-
ize by choosing one of their number chairman, and a com-
petent person, not a member of the board as clerk. In dis-
tricts of the first class, the clerk before entering upon the
duties of his office, shall be required to give an official bond
in the sum of ten thousand dollars conditioned for the faithful
performance of his duties and to be approved and filed as other
official bonds. (Act approved March 3, 1899, Sec. 4). (6th
Sess. 59).
872. Meeting of Board. — The board shall hold, in districts
of the first class at least one and not more than five meetings
each month for the transaction of its business; and in all dis-
tricts at least four meetings each year shall be held, to-wit:
On the third Saturdays of April, July, October, and January,
at such places and hours as shall be fixed by the board. A
special meeting of the board may be held upon the call of the
chairman or of any two members of the board at least forty-
eight hours written notice shall be given to each member of
the board of any special meetings, and no business transaction
by the board shall be valid, unless transacted at a regular or
special meeting thereof. (Act approved March 3, 1899. Sec.
5). (7th Sess. 59).
873. (Sec. 1795.) Financial Statement. — In school districts
in which the funds shall equal or exceed twenty-five thousand
dollars in each year, there shall be published in the newspaper,
which has contracted to do the public printing in the county in
which the district is located between the first and tenth day of
June of each year, and between the first and tenth day of
December each year a financial statement covering the six
preceding months, showing in detail, the amount of money
received, the amount paid out, and for what purpose it was
so paid, and the balance in the county treasurer's hands to the-
credit of the district at the time of the making of the state-
STATE OF MONTANA. 107
ment. The costs of such publications shall be paid by order
of the board of school trustees out of their respective school
funds, and the price paid must not exceed per folio that allowed
by. the county commissioners for the publication of the finan-
cial statement of the county treasurer. (Act approved March
n, 1895).
874. (Sec. 1796.) Chairman. Rules. — The chairman shall
preside at all the meetings of the board, and shall perform such
duties as usually pertain to such officer, and in accordance
with the customary rules of order. (Act approved March n,
1895).
875. Powers and Duties. — Every school board unless other-
wise especially provided by law shall have power and it shall
be its duty:
1. To prescribe and enforce rules not inconsistent with law,
or those prescribed by the superintendent of public instruction
for their own government of schools under their supervision.
2. To employ or discharge teachers, mechanics or laborers,
and to fix and order paid their wages; to determine the rate
of tuition of non-resident pupils, and to fix the compensation to
be allowed the clerk for the time necessarily spent in the ser-
vice of the district, as required by law, or as directed by the
board.
3. To enforce the rules and. regulations of the superintend-
ent of public instruction for the government of schools, pupils
and teachers and to enforce the course of study.
4. To provide for school furniture and for everything needed
in the school house or for the use of the school board.
5. To rent, repair and insure school houses.
6. To build or remove school houses and to purchase or sell
school lots, when directed by a vote of the district so to do.
7. To hold in trust for their district all real or personal
property for the benefit of the school thereof.
8. To suspend or expel pupils from school who refuse ^o
obey the rules thereof, and to exclude from school, cliildreit
under six years of age where the interest of the school re-
quires such exclusion.
9. To provide books for indigent children on the written
statement of the teacher that the parents of such children are
not able to purchase them.
10. To require all pupils to be furnished with suitable books
as a condition of membership in the school.
108 GENERAL SCHOOL LAW
11. To exclude from school and school libraries, all books,
tracts, papers and other publications of immoral and pernic-
ious nature.
12. To require teachers to conform to the law.
13. To make an annual report, as required by law, to the
county superintendent on or before the first day of October
in each year, in the manner and form and on the blanks pre-
scribed and furnished by the superintendent of public instruc-
tion.
14. To make a report directly to the superintendent of
public instruction whenever instructed by him to do so.
15. To determine what branches, if any, in addition to
those required by law shall be taught in any school in the
district, subject to the approval of the county superintendent.
16. To visit every school in their district at least once ui
each term and to examine carefully into its management, con-
dition and want. This clause applies to each of the trustee-?.
17. To provide for each school house separate out houses
for the sexes. (Act approved March 8th, 1897, Sec. 5). (5th
Sess. 130-131).
Campan>a v. Calderhead, 17 Mont. 548; 44 Pac. 83.
876. Pupils May Attend in Any District. — Whenever a
pupil residing in one district desires to attend school in an-
other district, such pupil shall' be permitted to do so ; Pro-
vided, that the board may refuse pupils from such districts
upon the ground of insufficient room; and provided further,
that any board of trustees may in their discretion, transfer
school moneys due by apportionment to such pupils to the
district in which they may attend school. (Act approved Feb-
ruary 24th, 1903). (8th Sess. Chap. 26).
877. Transportation of Pupils. — That the trustees of
any school district in the State of Montana, when
they shall deem it for the best interest of all pupils
residing in such district, may close their school and
send pupils of the district to another district and for sucli
purpose are hereby empowered to expend any moneys belong-
ing to their district for the purpose of paying for the trans-
portation of the pupils from their district to such other dis-
trict or districts and for the purpose of paying their tuition.
Whenever the trustees of any school district in the state
of Montana deem it for the best interest of such district and
STATE OF MONTANA. 109
he pupils residing therein they may expend any moneys
belonging to their district for the purpose of paying for the
transportation of pupils from their homes to the pu'blic school
or schools maintained in such district." (Approved Feb. 23,
1911).
878. (Sec. 1798.) Duties Concerning Outhouses. — It is
hereby made the duty of the school trustees of all school dis-
tricts in this state to provide separate privies or outhouses for
the use of the sexes at all school houses where the same do
not exist, and to see that the same are kept in good repair, and
in a clean condition. Such privies or outhouses must be
located and built in such manner as to secure privacy. In
all cases where there is no fence dividing the play yards of
the sexes, the privies or outhouses herein named shall be
separate and distinct buildings, and situated at least twenty
feet apart. (Act approved Feb. 25, 1893).
879. (Sec. 1799). Same.— It shall be the duty of all trus-
tees, teachers, ianitor or janitors of school districts to see that
all privies or outhouses are kept in good repair and in a clean
condition. (Act approved Feb. 25, 1893).
880. (Sec. 1800.) Penalty. — Any trustee or trustees, teach-
er, janitor or janitors failing to comply with the provisions of
this act shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not exceeding one
hundred dollars or imprisoned in the county jail not exceed-
ing ninety days or both such fine and imprisonment in the
discretion of the court. (Act approved Feb. 25, 1893).
881. (Sec. 1801.) Powers Over Property.— The board >i
trustees of each school district shall have custody of all school
property belonging to the district, and shall have power in the
name of the district, or in their own names as trustees of the
district, to convey by deed all the interest of their district "u
or to any school house or lot directed to be sold by vote of the
district and all conveyances of real estate made to the district
or to the trustees thereof, shall be made to the board of trus-
tees of the district and to their successors in office ; said
board, in the name of the district shall have power to transact
all business necessary for maintaining schools and protecting
the rights of the district. (Act approved March n, 1895).
882. (Sec. 1802.) Shall Not Be Interested in Contracts. —
It shall be unlawful for any school trustee to have
110 GENERAL SCHOOL LAW
any pecuniary interest, either directly or indirectly, in any erec-
tion of school houses, or for warming, ventilating, furnishing,
or repairing the same, or be in any manner connected with the
furnishing of supplies for the maintenance of the schools, or to
receive or to accept any compensation or reward for services
rendered as trustee. No board of school trustees shall let any
contract for building, furnishing, repairing, or other work, for
the benefit of the district, where the amount involved is two
hundred and fifty dollars, or more, without first advertising, in
a newspaper published in the county for at least two weeks,
calling for bids to perform such work, and the board shall
award the contract to the lowest responsible bidder; provided,
however, the bo-ard of school trustees shall have the right to
reject any and all bids. (Approved February 25, 1909).
883. (Sec. 1803.) Liability. — Any board of trustees, shall be
liable as trustees, in the name of the district, for any judgment
against the district, for any salary due any teacher on con-
tract and for all debts legally contracted under the provisions
of this title, and they shall pay such judgments or liabilities
out of the school moneys to the credit of such district. (Act
approved March IT, 1895).
Jay v. School District, 24 Mont. 229; 61 Pac. 253. This section
does not authorize the entry of a judgment against a school
district for the unpaid salary of a school teacher, where
the district admits 'the claim, but has no funds applicable
to its payment, and the failure to pay the salary is not
a violation of duty by the trustees.
884. (Sec. 1804.) May Establish High Schools.— When-
ever the interests of the district require it a board o*f trustees
may establish a high school, employ a principal teacher and
subordinate teachers, and grade the school into departments
and classes. (Act approved March n, 1895).
885. (Sec. 1805.) Misdemeanor. Penalty. — 'When any school
officer is suspended, by election or otherwise, he shall im-
mediately deliver to his successor in office all books, papers,
and moneys pertaining to his office ; and such officer who shall
refuse to d'o so, or who shall wilfully mutilate or destroy any
such books or papers, or any part thereof, or who shall mis-
apply any moneys intrusted to him by virtue of his office, shall
be guilty of a misdemeanor, and shall be punished by a fine,
in the discretion of the court, not exceeding one hundred
dollars. (Act approved March u, 1895).
STATE OF MONTANA. Ill
886. (Sec. 1806.) Repayment of Loans. — Whenever hereto-
fore money has been loaned or advanced to the board of school
trustees of any district, for the erection of a school house or
school houses therein, by any person or corporation, in reliance
upon the proceeds of the sales of bonds for the repayment of
the same, the issuance of which bonds have been voted for
by a majority of the electors of such district, voting at an
election held for the purpose of authorizing the issuance of the
same for the erection of a school house or school houses, which
said money has been used by such board of school trustees in
the erection of a school house or school houses in suc'h dis-
trict, but which bonds when issued have been adjudged and
held to be void or invalid by the supreme court of the state,
the money so loaned or advanced may be repaid, together
with the interest thereon covering the period for which interest-
has not been oaid, at the rate specified in said bonds so held
to be void ; said payment to be made by the board of school
trustees to the person or corporation who or which had loaned
or advanced the same, from the proceeds of the sale of any
bonds thereafter issued for the purpose of building one or
more school houses in said district, or for any other school
purpose. (Act approved Feb. 18, 1895).
887. (Sec. 1807.) Must Procure American Flags. — That the
trustees of the several school districts of the State of Montana,
shall within ninety days from and after the passage of this
Act, procure by purchase or donation, an American flag with
accompanying necessary poles and ropes, etc., for each and
every school house in their respective districts. Said flags
shall be of dimensions not less than four by six feet, and they
shall be made from durable material. (Act approved Feb. 26,
888. (Sec. 1808.) Flags to be Displayed.— It shall be the
duty of the school trustees to cause said flags to be displayed
over such school houses every day during the sessions thereof,
provided the weather is such as to permit the display with-
out injury to the flags. (Act approved Feb. 26, 1895).
889. (Sec. 1809.) Expenses of Flags.— The school trustees
are hereby authorized and empowered to use such portion of
the school funds as remain in their hands and which is not
otherwise appropriated, for the purchase and erection of the
flags, poles, etc. (Act approved Feb. 26, 1895).
112 GENERAL SCHOOL LAW
890. Refunding Bonds. — The school trustees of any school
district of the State of Montana, shall have, and are hereby
given in addition to the power already conferred on them,
authority to issue on the credit of their respective districts,
coupon bonds, (and sell or dispose of the same) for the pur-
pose of providing the necessary funds to pay maturing, redeem-
able, or optional bonds, under the following conditions, to-wit:
1. When there is not sufficient money to the credit of the
school district applicable to pay any of said bonds.
2. When in the judgment of the school trustees to levy and
collect a special tax for the purpose of paying any of said
bonds, would be a hardship and a burden to the school dis-
trict.
3. All bonds issued under the provisions of this section 3t"
this Act shall bear upon their face the words "Refunding!
School Bonds" and shall also recite in the body of the bond
that "this bond is issued for the purpose of providing funds
to pay maturing and outstanding bonds."
4. Said bonds shall bear interest at a rate not to exceed six
per cent per annum (and interest may be payable semi-
annually) and payable and redeemable within a period not
exceeding twenty years from the date of issue ; provided
said bonds shall not exceed in amount the face value of the
bonds (and any accrued interest thereon), which they are
issued to replace.
5. The trustees shall fix the denominations, terms, rate and
form of said bonds not inconsistent with the requirements
hereinbefore set forth; and may issue, dispose of or sell such
bond's at any time deemed necessary and expedient to en-
hance, preserve and maintain the credit of their respective dis-
tricts.
6. Said bonds, when offered for sale, shall be advertised
for sale in not less than one newspaper of general circula-
tion, published in the State of Montana, for a period of not
less than four weeks preceding the date fixed for sale of said
bonds ; said advertisement shall briefly describe the bonds, stat-
ing the time when, and the place where said sale shall take
place; Provided that said bonds shall not be sold at less than
their par value, and the trustees are authorized to reject any
bids made, and sell said bonds at private sale, or exchange
the same for outstanding bonds, if they deem for the best inter-
STATE OF MONTANA. 113
ests of the district so to do, and it shall not be necessary to
hold any election or submit the matter of the issuance of the
bonds authorized by this section of this Act, to the electors
of the school district.
7. Said bonds and coupons (attached) shall be signed by the
chairman of the board of trustees and the school clerk of the
district, provided, a lithographic or engraved facsimile of the
signatures of the chairman and clerk may be affixed to the
coupons, only when so recited in the bonds, and the cor-
porate seal of the school district shall be affixed to each bond.
8. Each bond so issued shall be registered by the county
treasurer of the county wherein such school district is located,
in a book provided for the purpose, which shall show the date,
number, term and amount of each bond, and the person or
persons to whom the bonds are issued and sold. (Act ap-
proved March 14th, 1901, Sec. i). (7th Sess. 124-5).
891. (Sec. 1811.) Disposal of Proceeds of Bonds. — All
moneys arising from the sale of said bonds shall be paid forth-
with into the treasury of the county in which said school dis-
trict is located, and shall be immediately available to apply
for the purpose authorized and no other purpose. (Act ap-
proved March 2, 1895).
892. (Sec. 1812.) District Responsible on Bonds. — The
faith of each school district is solemnly pledged for the pay-
ment of the interest and redemption of the principal of the
bonds which shall be issued under this Act. And for the
purpose of enforcing the provisions of this Act, each school
district shall be a body corporate, which may sue and be sued
by, or in the name of the board of school trustees of such dis-
trict. (Act approved March 2, 1895).
893. (Sec. 1813.) Must Levy Tax for Interest, Etc.— The
school trustees of each district shall ascertain the amount and
levy annually, a tax necessary to pay the interest, when it
becomes due, and provide a sinking fund to redeem the bonds
at their maturity ; and said tax shall become a lien upon the
property in said school district and be collected in the same
manner as other taxes for school purposes. (Act approved
March 2, 1895).
894. (Sec. 1814.) Redemption of Bonds. — When the sum in
said sinking fund shall equal or exceed the amount of any
bond then due, the county treasurer shall post in his office A
114 GENERAL SCHOOL LAW
notice that he will, within thirty days from the date of such
notice, redeem the bonds then payable, giving the number
thereof, and the bonds bearing the lowest number shall be
redeemed first in their order; and provided, that such redemp-
tion shall be made at some regular interest period as set forth
in the bond; and if at the expiration of the said thirty days the
holder or holders of said bonds shall fail or neglect to present
the same for payment, interest thereon shall cease but the
treasurer shall at all times thereafter be ready to redeem the
same on presentation, and when any bond or bonds shall be
so purchased or redeemed, the county treasurer shall cancel
all bonds so purchased and redeemed, by writing or stamping
across the face of such bond or bonds, in ink, the words,,
"Redeemed and Cancelled," and the date of such redemption.
And the bonds paid shall be exhibited to the board of county
commissioners, at their first meeting thereafter. (Act approved
March 2, 1895).
895. (Sec. 1815.) Payment of Interest. — The county treas-
urer shall pay out of any moneys belonging to the school dis-
trict, the interest upon any bonds issued by authority of this
Act, by such district, When the same shall become due, upo-i
the presentation at his office, of the proper coupon, which
shall show the amount due, and the number of the bond t.o
which it belongs; and all coupons so paid shall be cancelled
and exhibited to the board of county commissioners at their
first meeting thereafter. (Act approved March 2, 1895).
896. (Sec. 1816.) Preparation of Bonds. — The school trus-
tees of any school district shall cause to be printed or litho-
graphed, at the lowest rate, suitable bonds, with the coupons
attached, when the same shall become necessary, and pay
therefor out of any moneys in the county treasury to the credit
of said school district. (Act approved March 2, 1891).
897. (Sec. 1817). Felony. Penalty. — If any of the school
trustees of any district shall fail or refuse to pay into the
proper county treasury the money arising from the sale of any
bonds provided for in this Act, they shall be deemed guilty of
a felony and, upon conviction thereof, shall be punished by
imprisonment in the 'State penitentiary for a term of not less
than one year, nor more than ten years. (Act approved
March 2, 1891).
STATE OF MONTANA. 115
898. (Sec. 1818.) Surplus Money Used for Buildings.—
County school moneys may be used by the county superinten-
dent and trustees for the various purposes as authorized and
provided in this article, and for no other purpose, except that
in any district, any surplus in the general 'school fund to the
credit of said district, after providing for the expenses of not
less than eight months' school may on a vote of the qualified
electors of said district, be used for the purpose of building and
improvement. If any school money shall be paid by the
authority of the .board of trustees for any purpose not auth-
orized by this section, the trustees consenting to such payment
shall be liable to the district for the repayment of such sum
and a suit to recover the same may be brought by the county
attorney or if he shall refuse to bring the same, a suit may be
brought by any tax paying elector in the district. (Act ap-
proved March 2, 1893).
Section 899. i. — Duties. Compensation. — The duties of the
District Clerk shall be as follows : To attend all meetings of
the board of trustees; but if he shall not be present, the board
of trustees shall select one of their number as clerk who shall
certify the proceedings of the meeting to the clerk of the dis-
trict to be recorded 'by him. He shall keep his record in a
book to be furnished by the board of trustees and he shall
preserve a copy of all reports made to the County Super-
intendent and safely preserve and keep all books and docu-
ments belonging to his office, and shall turn the same over to
his successors.
. 2. To keep accurate and detailed accounts of all receipts and
expenditures of school moneys. At each annual school meet-
ing the district clerk shall present his record book, for public
inspection and shall make a statement of the financial condi-
tion of the district and of the action of the trustees and such
record must always be open for public inspection.
3. To make annually between the first day of September
and the fifteenth day of October of each year, an exact census
of all the children and youth between the ages of six and
twenty-one years residing in the district ; and shall specify
the sex, age, and date of birth of such children. He shall
take the name of each child, the same to be spelled out in
full; the Christian and surname of both parents, or guardians,
including initials of all middle names, together with the place
116 GENERAL SCHOOL LAW
of residence of said parents or guardians, specified by street
and number if living in city or town; or, if living in any other
than a city or town, the post office address of said parents
or guardians must be given. He shall take specifically and
separately a census of all children under the age of six years
as in the manner aforesaid. All children under twenty-one
years of age who may be absent from home for any cause,
shall be included by the district clerk in this census list of the
city, town, or district in which their parents reside. He shall
make a full report thereof on blanks furnished for this pur-
pose, under oath to the County Superintendent within sixty
days after the completion of the census and deliver a copy
to the school trustees. Failure to make such report as speci-
fied shall constitute a misdemeanor and shall be punished by
a fine of not less than ten dollars nor more than fifty dollars.
For taking the census the District Clerk shall be paid by the
board of trustees from the county school money, to the credit
of the district in the same manner as other contingent ex-
penses are paid, at a rate not exceeding ten cents for each
child's name returned by him. He shall receive such other
compensation for other services as may be allowed by the
Board of Trustees. In case any District clerk shall fail to
take the census provided in this act, at a proper time, and
if through such neglect the district fail to receive its appor-
tionment of school moneys, said school clerk shall be indi-
vidually liable to the district for the full amount so lost, and
it may be recovered on a suit brought by any citizen of such
district in the name and for the benefit of the district.
4. To make annually between the first and twentieth days
of August of each year, an exact detailed and itemized state-
ment of all moneys expended by or in behalf of the school dis-
trict, which statement shall show all disbursements made on
behalf of the school district from August first of the preceding
year to August first of the current year; it is hereby made
the duty of the clerk to file said statement on or before
August thirty-first of each year, with the chairman of the
Board of Trustees of the District and a copy thereof with the
County Treasurer of the County wherein the district is located,
and in all districts disbursing annually amounts exceeding
$10,000.00, and less than $25,000.00 the clerk shall, and in dis-
tricts disbursing less than $10,000.00, annually, may cause to
STATE OF MONTANA. 117
be published in some newspaper, in general circulation pub-
lished in the same county, a copy of said statement, for two
consecutive issues, such publication to commence not later
than the first week in August. It is hereby made the duty
of the Board of County Commissioners of each County to
designate the newspaper in which such publication shall be
made. (Approved March 6, 1911).
ARTICLE VII.
Teachers.
Section 901. Certificate of qualification.
Section 902. Teacher's report.
Section 903. Duties.
Section 904. Construction of teacher's contract.
Section 905. . Powers.
Section 906. Duties.
Section 907. Penalty.
Section 908. Qualification, as to age.
Section 909. Dismissal. Appeal.
Section 910. Suspension of teacher's certificate.
901. Certificate of Qualification. — No person shall be ac-
counted as a qualified teacher, within the meaning of the school
law, who has not first appeared before the county superintend-
ent of the county in which he proposes to teach and received
a certificate setting forth his qualifications ; or who has not
received a temporary certificate from the county superintend-
ent; or who has not a state certificate or life diploma from the
state board of education, or a certificate from some other
county, endorsed by the county superintendent; or a diploma
from the state normal college, provided, that special certificates
may be granted to persons employed to teach either music,
elocution, physical culture, drawing, modern languages, pen-
manship, or in the first primary or kindergarten department ;
and provided, further, that nothing herein contained shall be
so construed as to invalidate any certificate now in force.
(Act approved March 5, 1903, Sec. i). (8th Sess. Chap 79).
902. (Sec. 1841.) Teacher's Report. — Every teacher em-
ployed in any public school shall make an annual report to the
county superintendent on or before the tenth day of September
next after the close of each school year, in the form and man-
ner and on blanks prescribed by the superintendent of public
118 GENERAL SCHOOL LAW
instruction. A copy of such report shall be furnished to the
district clerk.
Any teacher who shall end any school term before the close
of the school year, shall make report to the county superintend-
end immediately after the close of such term, and any teacher
who may be teaching any school at the close of the school year
shall in his or her annual report, include all statistics from the
school register for the entire school year notwithstanding any
previous report for a part of the year. Teachers shall make
such additional reports as shall be required in pursuance of law
by the superintendent of public instruction. No board of
trustees shall draw any order or warrant for the salary of any
teacher, for the last month of his or her service, until the
reports herein required shall have been made and received ;
Provided, that in all schools acting under the .direction of a
city superintendent, teachers shall be required to report ro
such superintendent, whose report shall be accepted by the
county superintendent, and the trustees in lieu of the teachers'
reports; and that when there is no city superintendent, the
report of the principal shall be accepted in lieu of the teachers'
reports. (Act approved March u, 1895).
Jay v. School District, 24 Mont. 226; 61 Pac. 252. Teachers
must make these annual reports and are required to report
at the end of the term for which they are employed.
903. (Sec. 1842.) Duties. — It shall be the duty of the
teacher of every public school in this state to keep, in a neat
and business like manner, a daily register in such form and
upon such blanks as shall be prepared by the superintendent
of public instruction, and no board of trustees shall draw-
any warrant for the salary of any teacher for the last month
of his services in the school at the end of any term or year,
until they shall have received a certificate from the district
clerk that the said register has been properly kept, the
summaries made and the statistics entered, or until, by per-
sonal examination, they shall have satisfied themselves that
it has been done. Teachers shall faithfully enforce in school
the course of study and regulations prescribed, and if any
teacher shall refuse or neglect to comply with such regula-
tions, then the board of trustees shall be authorized to with-
hold any warrant for salaries due, until such teacher shall
comply therewith. No teacher shall be employed except by
STATE OF MONTANA. 119
written order of a majority of the board of trustees, at a reg-
ular or special meeting thereof, nor unless the holder of a
legal teacher's certificate, in full force and effect. (Act ap-
proved March n, 1895.
904. (Sec. 1843.) School Month. Legal Holidays. — In
every contract between any teacher and board of trustees, a
school month shall be construed as twenty school days, or
four weeks of five days each, and no teacher shall be required
to teach school on Christmas day, the first day of January,
the fourth clay of July, the twenty-second day of February,
the thirtieth day of May, the first Monday in September, the
twelfth day of February, and the day appointed by the presi-
dent of the United States or the governor of this state as a
day of Thanksgiving. And no deduction from the teacher's
time or wages shall be made by reason of the fact that . a
school day happens to be one of the days referred to in this
section. Any contract made in violation of this section shall
have no force or effect as against the teacher. (Act approved
Feb. 25, 1909).
905. (Sec.' 1844.) Powers. — Every teacher shall have pow^r
to hold every pupil to a strict accountability in school, for any
disorderly conduct on the way to school or during intermis-
sion or recess ; to suspend from school any pupil for good
cause ; Provided, that suspension shall be reported to the trus-
tees as soon as practicable for their decision. (Act approved
March n, 1895).
906. (Sec. 1845.) Duties. — It shall be the duty of all teachers
to endeavor to impress on the minds of their pupils the prin-
ciples of morality, truth, justice and patriotism; to teach them
to avoid idleness, profanity and falsehood, and to instruct them
in the principles of free government, and to train them up to a
true comprehension of the rights, duties and dignity of Amer-
ican citizenship. (Act approved March u, 1895).
907. (Sec. 1846.) Penalty. — Any teacher who- shall mal-
treat or abuse any pupil by administering any undue or severe
punishment shall be deemed guilty of a misdemeanor, and upon
conviction thereof before any court of competent jurisdiction,
shall be fined in any sum not exceeding one hundred dollars.
(Act approved March u, 1895).
908. (Sec. 1847.) Qualification, as to Age. — No person is
eligible to teach in any public school in this state, or to re-
120 GENERAL SCHOOL LAW
ceive a certificate to teach, who has not attained the age of
eighteen years. (Act approved March n, 1895).
909. (Sec. 1848.) Dismissal. Appeal. — In the case of the
dismissal of any teacher before the expiration of any written
contract entered into between such teacher and board of trus-
tees for alleged unrkness or incompetence, or violation of rules,
the teacher may appeal to the county superintendent; and if
the superintendent decides that the removal was made without
good cause, the teacher so removed must be reinstated, and
shall be entitled to compensation for the time lost during the
pending of the appeal. (Act approved March n, 1895).
910. (Sec. 1849.) Suspension of Teacher's Certificate. —
Should any teacher 'employed by the board of school trustees
for a specified time, leave the school before the expiration of
such time, without the consent of the trustees in writing, said
teacher shall be guilty of unprofessional conduct, and the
county superintendent is authorized, upon receiving notice of
such fact, to suspend the certificate of such teacher for the
period of six months. Should such teacher be the holder of a
state certificate or life diploma the county superintendent shall
report the delinquency of the teacher to the state board of
education who are thereupon authorized to suspend said
diploma for the period of one year. (Act approved March II,
1895).
HOUSE BILL 74.
Lincoln's Birthday Legal Holiday.
"An Act to declare the twelfth day of February in each
year to be a legal holiday, to be known and designated as
'Lincoln's Birthday.' "
Be it enacted by the Legislative Assembly of the State of
Montana :
That the twelfth day of February in each year is hereby set
apart and declared to be a legal holiday, to be known and
designated as Lincoln's Birthday.
Section 2. This Act shall be in full force and effect from and
after its passage and approval.
Approved February ijth, 1909.
STATE OF MONTANA. 121
HOUSE BELL 31.
"Columbus Day." Twelfth day of October a public holiday.
"An Act to declare and make the I2th day' of October of
each and every year a public holiday to be known as 'Columbus
Day.' "
Be it enacted by the Legislative Assembly of the State of
Montana :
Section i. The I2th day of October of each and every year
is hereby made and declared a public holiday to be known as
"Columbus Day," and shall be recognized, classed and treated
as other legal holidays under the laws of this state.
Section 2. This Act shall be in full force and effect from
and after its passage and approval.
Approved February i/th, 1909.
HOUSE BILL 97.
Fire drills in schools.
Fire alarm.
Installation of fire gongs.
Misdemeanor.
Penalty.
Failure or refusal to give instructions a misdemeanor.
"An Act to provide for fire drills in the schools of the state."
Be it enacted by the Legislative Assembly of the State of
Montana :
Section i. That in all schools of the state, either public or
private, in which thirty or more children are enrolled, it shall be
the duty of the teacher or teachers therein employed to instruct
the children under their immediate control and charge once
each week during school terms, a fire drill, as hereinafter pro-
vided.
Section 2. A fire alarm shall be given by striking a gong,
and immediately upon such alarm, the children shall be re-
quired to immediately form in lines and leave the building in an
orderly manner, through the exit and exits that will most ex-
peditiously clear the building. There shall be no certain day
of the week or hour of the day, for giving such alarm; and
they shall be given without previous warning to the children.
Section 3. It shall be the duty of the trustees or directors,
or other persons having control and management o*f any school
building of the class mentioned in section one of this Act, to
122 GENERAL SCHOOL LAW
provide one or more gongs therefor, to be placed in such a
manner that any teacher may give an alarm without leaving
the room or that such alarm could be given from the base-
ment. Each member of any board of trustees or directors, or
any other person, whose duty it is to install said gongs as
herein provided, w:ho fails or refuses so to do shall be guilty
of a misdemeanor and upon conviction shall be fined not less
than five nor more than fifty dollars.
Section 4. Any teacher who fails or refuses to instruct in
said fire drill in the manner provided for in this Act, after the
installation of gongs, as above provided, shall be deemed guilty
of a misdemeanor and shall upon conviction, be fined not less
than five nor more than twenty-five dollars.
Section 5. All Acts and parts of Acts in conflict herewith
are hereby repealed.
Section 6. This Act shall be in full force and effect from
and after July ist, 1909.
Approved February 25, 1909.
ARTICLE VIII.
Schools.
Section 911. Common school denned.
Section 912. Course of study.
Section 913. School day.
Section 914. Sectarian publications forbidden.
Section 915. School year.
Section 916. Free kindergartens.
Section 917. Pupils.
91-1. (Sec. 1860.) Common School Defined. — A common
school is hereby defined to be one that is maintained at the
public expense in each school district, and under the super-
vision of the board of trustees. Every common school not
otherwise provided for by law shall be open to the admission
of all children between the ages of six and twenty-one years
residing in the school district, and the board of trustees shall
have the power to admit children not residing in the district
as hereinbefore provided. (Act approved March n, 1895).
Campana v. Calderhead, 17 Mont 551; 44 Pac. 84.
912. Course of Study. — All common schools shall be taught
in the English language. And instructions shall be given iti
the following branches, viz: Reading, penmanship, written
STATE OF MONTANA. 123
Arithmetic, mental arithmetic, orthography, geography, English,
grammar, physiology and hygiene. With special references to
the effect of alcoholic stimulants and narcotics on the human
system.
History of the United States and of Montana.
Also a system of humane treatment of animals as embodied
in the laws of Montana.
Such instruction to consist of, at least, two (2) lessons of
not less than ten minutes each per week.
The principal or teacher in every school shall certify in each
of his or her reports that such instruction has been given in the
school under his or her control.
Attention must be given during the entire school course to
the cultivation of manners. To the laws of health. Physical
exercise. Ventilation and temperature of the school room.
(Act approved Feb. 24th, 1903). (8th Sess. Chap. 23).
913. School Day. — The school day shall be six hours it*
length, exclusive of an intermission at noon; but any board of
trustees in any district having a population of five hundred
or more may fix as the school day a less number of hours than
six; Provided, that it be not less than four hours, except in the
lowest primary grades where the pupils may be dismissed
after an attendance of two hours. (Act approved March 8th,
1897, Sec. 7). (5th Sess. Chap. 132).
914. (Sec. 1863.) Sectarian Publications Forbidden. — No
publication of a sectarian, partisian or denominational character
must be used or distributed in any school or be made a part
of any school library; nor must any sectarian or denomina-
tional doctrines be taught therein. Any school district, the
officers of which knowingly allow any school to be taught in
violation of these provisions, forfeits all rights to any state or
county apportionment of school moneys ; and upon satisfactory
evidence of such violation, the superintendent of public in-
struction and county superintendent must withhold both state
and county apportionments. (Act approved March n, 1895).
915. (Sec. 1764.) School Year. — The school year shall
begin on the first day of September, and end on the thirty-
first day of August. (Act approved March n, 1895).
Jay v. School District, 24 Mont. 229; 61 Pac. 253.
916. Free Kindergarten. — The school board of any school
district in the state shall have power to establish and maintain
124 GENERAL SCHOOL LAW
free kindergartens in connection with the public schools of
said district, for the instruction of children between three and
six years of age, residing in said district and shall establish
such courses of training study and discipline, and such rules
and regulations governing such preparatory or kindergarten
schools as said board may deem best; Provided, 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 ap-
portionment of state and county school funds among the sev-
eral counties and districts in the state; Provided, further, that
the cost of establishing and maintaining such kindergartens
shall be paid from the school funds of said districts, and the
said kindergartens shall be a part of the public school system
and governed as far as practicable in the manner 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 the teachers of kindergarten schools
shall pass such examination on kindergarten work as the
kindergarten department of the state normal school may direct,
provided that a certificate from a kindergarten teacher's insti-
tute of recognized standing shall be recognized by the state
normal school. (Act approved February ,i6th, 1899, Sec. i).
(6th Sess. 64-5).
917. (Sec. 1870). — All pupils who may be attending public
schools shall comply with the regulations established in pur-
suance of law for government of such schools ; shall pursue the
required course of study, and shall submit to the authority of
the teachers of such schools. Continued and wilful disobed-
ience and open defiance of the authority of the teacher shall
constitute good cause for expulsion from school. Any pupil
who shall in any way, cut, deface or otherwise injure any
school house, furniture, fences or outbuilding thereof, or any
book belonging to other pupils, or any book belonging to the
district library, shall be liable to suspension and punishment,
and the parent or guardian of such pupil shall
be liable for damages, on complaint of the teacher
or any trustee and upon proof of the same. (Act approved
March n, 1895).
STATE OF MONTANA. 125
SENATE BILL 87.
Dangerous 'communicable diseases.
Mode of prevention to be taught in public schools.
Duties of board of health regarding.
Duties of school boards.
Superintendent and iteachers.
Dismissal for neglect to comply with Act.
School board refusing to comply with act guilty of misdemeanor.
All public schools included.
An Act to provide for teaching in the public schools the
modes by which the dangerous communicable diseases are
spread and the methods for the restriction and prevention of
such diseases.
Be it enacted by the Legislative Assembly of the State of
Montana :
Section i. That there shall be taught in every year in every
public school in Montana the principal modes by which eacn
of the dangerous communicable diseases are spread, and the
method for the restriction and prevention of each such disease
as small pox, diphtheria, scarlet fever, measles, tuberculosis,
chicken pox, and such other diseases as may be named, and
attention called to same by the board of health of this state.
Section 2. That said board shall annually send to the public
school superintendents and teachers throughout the state
printed data and statements w.hich will enable them to comply
with this Act.
Section 3. That school boards are hereby required to direct
superintendents and teachers to give oral and black board in-
struction using the data and statements supplied by the state
board of health.
Section 4. That neglect or refusal on the part of any super-
intendent or teacher to comply with the provisions of this Act
shall be considered a sufficient cause for dismissal from the
school by the school board.
Section 5. That the member of any school board who shall
wilfully neglect or refuse to comply with any provisions of this-
Act shall be deemed guilty of a misdemeanor and shall be sub-
ject to punishment by fine not exceeding one hundred dollars.
Section 6. That this Act shall apply to all public schools
in this state including schools in cities or villages whether
incorporated under special charter or under the general law.
Approved February 25, 1909.
126 GENERAL SCHOOL LAW
ARTICLE X.
Free County High Schools.
Section 918. Amy county may establish free high schools.
Section 919. Petition for establishment and location.
Section 920. Election, voting.
Section 921. Canvass of returns.
Section 922. Special meetings for county commissioners.
Section 923. Trustee's oath, bond and term of office; vacancies.
Section 924. Quorum. Officers of board.
Section 926. Tax levy. Bonds for buildings.
Section 926. Submission to electors of question of bond issue.
Section 927. Payment of bonds.
Section 928. Assessment for maintenance.
Section 929. Record of board. Warrants.
Section 930. Sites. Leasing buildings.
Section 931. Employment of teachers.
Section 932. Principal may make rules.
Section 933. Courses of Study.
Section 934. Admission of pupils.
Section 935. Pupils from adjoining counties.
Section 936. Compensation of trustees.
Section 937. Diploma to admit to state collegiate institutions.
Section 938. Prior Aots validated.
Section 939. Same.
Section 940. Bonds legalized.
918. Any County May Establish Free High School. — Any
county in the state may establish a county free high school on
the condition and in the manner hereinafter prescribed, for the
purpose of affording better educational facilities for pupils
more advanced than those attending district schools. (Act
approved February 25, 1907, Sec. i). (loth Sess. Chap. 29).
919. Petition for Establishment and Location. — Whenever
one hundred freeholders in any county shall petition the board
of county commissioners, requesting that a high school be
established in their county, the county clerk shall give twenty
days notice, by publication in the official paper of the county,
that such petition has been filed, and that any village, town or
city may become a candidate for the location of said high
school upon petition of not less than fifty freeholders of said
village, town or city, requesting that said place be named:
as a candidate for the location of said high school. All nom-
inations of places for the location of said school shall be filed
with the board of county commissioners within thirty Jays
from the date of the first publication of said notice. Any
STATE OF MONTANA. 127
number of places may be candidates for the location of said
school but no freeholder shall append his name to more than
one petition. (Act approved February 25, 1907, Sec. 2). (loth
Sess. Chap. 29).
920. Election. Voting. — At the expiration of thirty days
from the date of the first publication of said notice, the county
commissioners shall call an election and appoint precinct
judges and clerks. Said election shall be conducted in accord-
ance with the general election laws of the state. The county
clerk shall give twenty days notice of such election, by publi-
cation in the official paper of the county, that the question of
establishing a county free high school in said county, and the
location thereof, will be submitted to the qualified electors of
said county at a designated time. The notice shall distinctly
specify the places which are candidates in the forthcoming
election. The qualified electors shall vote, by ballot, for or
against the establishment of a county free high school, and any
elector who shall vote for the establishment of a county free
high school, may vote for not more than one of the places
named upon said ballot as a candidate for the location of said
school.
The ballot shall be, substantially in the following form:
For a County High School at
Helena,
Marysville,
Against a County High School.
An elector desiring to vote for the establishment of a high
school, shall do so by placing an X before the name of the town
at which he desires the high school to be located, which shall
be a vote in favor of such town. An elector desiring to vote
against the establishment of a high school shall do so by plac-
ing an X before the clause "Against a County High School,"
and shall not vote for any town. (Act approved February
25, 1907, Sec. 3). (loth Segs. Chap. 29).
921. Canvass of Returns. — After the election, the ballots on
said question shall be canvassed in the manner provided for
general county elections, and, if the vote in favor of estab-
lishing a county free high school shall be a majority of all
votes cast upon said proposition, the board of county com-
missioners shall proceed to canvass the vote for the different
128 GENERAL SCHOOL
candidates for the location of said school, and the village, town
or city having the largest number of votes for the location
of said school, provided said number of votes be a majority
of all votes cast in favor of the measure, shall be declared to
be the place for the location thereof. If the election results
in favor of establishing such high school, and any candidate
for its location has a majority, the board of county commis-
sioners, by an order duly entered on their minutes, shall so
declare this fact, and the board shall immediately thereafter
appoint six persons, residents and taxpayers of the county,
at least three of whom shall be residents of the village, town
or city, where the school is located, who shall, with the county
superintendent of schools, constitute a board of trustees for
said school.
In case of a tie vote between two or more of the candidates
having the highest number of votes for the location of said
school the county commissioners shall immediately call anothei
election in the manner provided by law for general county
elections, at which the only question to be submitted shall be
the location of said school, and only the names of those candi-
dates so tied shall appear upon the ballot. (Act February 25,
1907, Sec. 4). (loth Sess. Chap. 29).
922. Special Meetings of County Commissioners. — If such
petition is filed at any time when the board oi county com-
missioners is not in session, the county clerk shall notify the
commissioners thereof, and a special meeting shall be held to
call the necessary election herein provided for. (Act February
25, 1907, Sec. 5). (roth Sess. Chap. 29).
923. Trustees Oath, Bond and Term of Office; Vacancies. —
The trustees of county free high schools, except the county
superintendent of schools, shall, within thirty days after ap-
pointment, qualify by taking the oath of office, and by giving
such bond as may be required by the board of county commis-
sioners for the faithful discharge of their duties. Said trus-
tees, first appointed, except the county superintendent of
schools, shall be divided into two classes of three each ; the
term of office of each class to be one and two years respec-
tively, the respective terms to be decided by lot. The term of
office of those in the first class shall expire one year from the
third Saturday in April following their appointment, and the
term of those in the second class shall expire two years from
STATE OF MONTANA. 129
the third Saturday in April following their appointment.
The county commissioners shall appoint three trustees at
their regular quarterly meeting in March of each year, and
shall fill all vacancies as soon as practicable after the same
occur.
The term of office oi trustees, other than the county super-
intendent of schools, except of those first appointed, as herein-
before provided shall be for two years and until their succes-
sors are appointed and qualified. Appointments to fill vacan-
cies shall be for the remainder of the unexpired term, provided
that, in all appointments of trustees under this Act, there shall
be at least three trustees who are residents of the village, towtt
or city in which said high school is located. Whenever any
vacancy occurs in said board of trustees, from any cause, the
secretary of the board shall immediately certify such vacancy
to the board of county commissioners, who shall fill such
vacancies within sixty days thereafter. Said board of high
school trustees shall be governed, as to the time and place of
meeting, as far as practicable, by the provisions of the general
school law of the state. (Act February 25, 1907, Sec. 6).
(loth Sess. Chap. 29).
924. Quorum. Officers of Board. — A majority of said board
shall constitute a quorum for the transaction of all business.
At their first meeting in each year the trustees shall choose,
from their number, a president, vice-president and a secretary,
who shall hold office for one year or until their successors
have been appointed and qualified, and said trustees shall
have authority to make all necessary rules for their govern-
ment, not inconsistent with the law. The county treasurer
of the county shall be the treasurer of the board and the cus-
todian of all funds available for school purposes under the pro-
visions of this Act. Payments shall be made by said treas-
urer upon warrants drawn against said funds duly signed by
the president, or vice-president and secretary. (Act February
25, 1907, Sec. 7). (loth Sess. Chap. 29).
925. Tax Levy. Bonds for Buildings. — At said first meet-
ing, or at some succeeding meeting called for such purpose,
said trustees shall make an estimate of the amount of funds
needed for building purposes, for payment of teachers' wages
and for payment of contingent expenses and they shall pre-
sent to the board of countv commissioners a certified estimate
130 GENERAL SCHOOL LAW
of the rate of tax required to raise the amount desired for sucii
purposes, and the board of county commissioners must levy
such tax as other county taxes are levied. But in no case
shall the tax for such purpose exceed in one year the amount
of ten mills on the dollar on the taxable property of the county,
and when the tax is levied for the payment of teachers1 wages
and for contingent expenses only, it shall not exceed three
mills on the dollar. Provided, that said trustees may, if in
their judgment they think best, bond the county for the pur-
pose of raising the money necessary to build or purchase and
equip the high school herein provided for, and to purchase a
suitable site therefor. But no bonds shall ever be issued to
pay for teachers' wages, or for the general expenses in main-
taining said school. (Act February 25, 1907, Sec. 8). (loth
Sess. Chap. 29).
926. Submission to Electors of Question of Bond Issue. —
The Secretary of the Board of County Free High School Trus-
tees, whenever a majority of the Board shall so decide, shall
certify to the Board of County Commissioners that they have
decided to submit to the electors of the County, the question
whether County Bonds shall issue for the purpose of the erec-
tion or purchase of a building for high school purposes and
the equipment thereof, and for a suitable site therefor, and
shall include in such certificate the amount of such bonds,
which amount shall not exceed the sum of Two Hundred Fifty
Thousand ($250,000) Dollars, in any one county of the first
and second class and in all other counties shall not exceed
the sum of One Hundred Thousand ($100,000) Dollars, in
any one county. Such bonds may run for a term of twenty
years, or less, but no longer, Provided, that any such issue
of bonds shall not increase the indebtedness of any county
beyond the maximum limit fixed by the State Constitution.
That as soon as practicable after receiving such certificate
the Board of County Commissioners shall proceed to submit
the question of issuing said bonds to the qualified electors cf
the County in the manner provided by law for the issuance
of other County bonds.
If such bonds are issued by the County Commissioners, at
the time of making the levy of taxes for county purposes each
year, must levy a tax for that year upon the taxable property
in the county for the interest and redemption of said bonds,
STATE OF MONTANA. 131
and such taxes must not be less than sufficient to pay the
interest on said bonds for that year and such proportion of
the principal as is to become due during such year, and, In
any event, must be high enough to raise annually, for the first
half of the term, a sufficient sum to pay the interest thereon,
and duririg the balance of the term, high enough to pay said
annual interest and to pay annually a portion of the principal of
said bond, equal to the sum produced by taking the whole
amount of said bonds out-standing and dividing it by the num-
ber of years said bonds have to run, and all money so levied,
when collected, must be paid into the County Treasury to the
credit of the County Free High School, kept in a separate fund,
and to be used for the payment of principal and interest on.
said bonds, and for no other purpose ; Provided, however, that
the accumulated money may be invested as is provided for the
investment of money collected for the payment of school dis-
trict bonds.
Said tax shall be levied and collected in the same manner
as other county taxes.
Approved March 2, 1911.
927. Payment of Bonds. — Said bonds shall be paid, prin-
cipal and interest, in the manner provided for the payment of
other county bonds.. (Act February 25, 1907, Sec. 10). (iota
Sess. Chap. 29).
928. Assessment of Maintenance. — In case bonds are issued,
the trustees, in making estimates for the maintenance oi the
high school, shall not include estimates for building or other
purposes for which said bonds are issued. (Act February
25th, 1907, Sec. n). (loth Sess. Chap. 29).
929. Record of Board; Warrants. — The said board of high
school trustees shall keep a record of all the official acts done
by said board, and shall keep a full record of all warrants
issued against moneys belonging to said county free high
school. Payments of money can only be made upon warrants
drawn against said funds, belonging to said high school ; and
the warrants so drawn must specify, upon their face, the pur-
pose for which the warrant is drawn. (Act February 25th,
1907, Sec. 12). (loth Sess. Chap. 29).
930. Sites. Leasing Buildings. — The said board of trustees
shall proceed, as soon as practicable after their appointment
and qualification, to select, at the place designated as the loca-
132 GENERAL SCHOOL LAW
tion for the county free high school, the best site that can be
obtained, and the title thereto, upon securing said site by pur-
chase or otherwise, shall vest in the county; the trustees shall
then proceed to make purchase of material, and to let such
contracts for necessary school buildings as they may deem
proper. They shall not, however, make any purchase, or enter
into any contract,- whereby obligations are assumed in excess
of. the amount of funds on hand or available through the levy
of taxes for the current year, or the issuance of bonds. The
trustees may, at their discretion, lease suitable buildings for the
use of the high school while new buildings are in process of
erection, or may contract with the trustees of the local school
district, or any other parties, for the use of suitable buildings
for high school purposes for such time as may be deemed best
for the interests of the county. (Act Feb. 25th, 1907, Sec. 13).
(loth Sess. Chap. 29).
931. Employment of Teachers. — After suitable buildings are
secured, as herein before provided, for the carrying on of the
county free high school, the trustees shall employ some suitable
person to take charge of said school, who shall possess such
qualifications as are now required to be possessed by a city
superintendent of schools, except that said principal shall not
be required to possess more than three years experience in
teaching; and the trustees shall furnish such assistant teach-
ers as they may deem necessary, and shall designate the sal-
aries which shall be paid to said principal and assistant teach-
ers. (Act February 25th, 1907, Sec. 14). (loth Sess. Chap.
29).
932. Principal May Make Rules. — The principal of any sucii
high school with the approval of the board of trustees shall
make such rules and regulations as he may deem proper in re-
gard to the studies, conduct and government of the pupils
under his charge; and if any such pupils will not conform to,
nor obey, the rules of the school, they may be suspended or
expelled therefrom by the board of trustees. (Act February
25th, 1907, Sec. 15). (loth Sess. Chap. 29).
933. Courses of Study. — There shall be provided such
courses of study as will properly fit the student attending said
.high school for admission to the collegiate class of any of the
state educational institutions, and such courses oi study shall
contain the work now provided for accredited high schools by
STATE OF MONTANA. 133
the state board of education. (Act February 25th, 1907, Sec.
16). (loth Sess. Chap. 29).
934. Admission of Pupils. — Tuition shall be free to all pup-
ils residing in the county where the school is located. The
board of trustees shall make such rules and regulations as they
deem proper in regard to age and grade of attainments essen-
tial to entitle pupils to admission to such school ; provided, that
no person shall be admitted to such high school who shall not
have passed a satisfactory examination or who does not hold
an eighth grade common school certificate. If there should
be more applicants than can be accommodated at any one
time, each district shall be entitled to send its gqual number of
pupils, according to the number of pupils it may have as shown
by the last report to the county superintendent of schools ; and
the boards of the respective school districts shall designave
such pupils as may attend, subject to the proviso above. (Act
February 25, 1907, Sec. 17). (loth Sess. Chap. 29).
935. Pupils From Adjoining Counties. — If, at any time, the
school can accomodate more pupils than apply for admission
from the county in which the school is situated, the vacancies
may be filled by applications from other counties, upon the
payment of such tuition as the board of trustees may pre-
scribe; but at no time shall such pupils continue in such school
to the exclusion of pupils residing in the county in which such
school is located. (Act February 25, 1907, Sec. 18). (loth
Sess. Chap. 29).
936. Compensation of Trustees. — The trustees who do not
reside at the place where said high school is established are en-
titled to mileage in attending the meetings of the board. The
trustees of said high school shall serve without compensation,
but may pay their secretary such reasonable compensation as
may be determined, and the board shall make such reports,
from time to time, as the county superintendent of schools, or
the state superintendent of public instruction, may require.
(Act approved February 25, 1907, Sec. 19). (loth Sess. Chap.
29).
937. Diploma to Admit to State Collegiate Institutions. —
Upon the presentation of a certificate of graduation from any
such county high school, within eighteen months from the date
of the same, to any state institution of learning, the person,
presenting the same, may be admitted without further exam-
134 GENERAL SCK[OOL LAW
ination to said institution oi learning. (Act February 25,
1907, Sec. 20). (loth Sess. Chap. 29).
938. Prior Acts Validated. — All acts and things of any kind
whatsoever, done by any board of county free high school
trustees, or by any board of Bounty commissioners, of this
state prior to the passage of this Act, under the provisions
of the Act of March 3, 1899, for the establishment of county
free high schools, or under the Act of March 14, 1901, or the
Act of March 5, 1903, amending certain sections of the Act of
March 3, 1899, shall be and are hereby ratified and declared to
be valid, and of 'full force and effect. (Act February 25, 1907,
Sec. 21). (loth Sess. Chap. 29).
939. Same. — That all Acts heretofore done by any board of
county commissioners in this state in connection with the sub-
mission to the electors of their count)- of the question of es-
tablishing and locating a county free high school, and upon
which acts such question was in fact submitted to the electors
of such county, and a majority of all votes cast at such elec-
tion were in favor of the establishment and location of such
high school and so found and declared by the board of county
commissioners shall be, and are hereby ratified and declared 1.0
be valid and of full force and effect. (Act approved March
T, 1907, Sec. i). (loth Sess. Chap. 61).
040. Bonds Legalized. — That all 'bonds issued or authorized
to be issued, at any time prior to the passage of this Act, by
the board of trustees of any county free high school in this
state, where the question O'f the issuance of the same was
first submitted by said trustees to the electors of the county
and a majority of all votes cast at such election were in
favor of said bond issue, and so found and declared by said
board of trustees, are hereby ratified and declared to be valid
and legal obligations and of full force and effect. (Act ap-
proved March i, 1907, Sec. 2). (loth Sess. Chap. 61).
ARTICLE XI.
Duties of County Treasurer.
941. (Sec. 1880.) It shall be the duty of the county treas-
urer of each county.
i. To receive and hold all school moneys as special deposit,
and to keep a separate account of their disbursments to the
STATE OF MONTANA. 135
several school districts which shall be entitled to receive them
according to the apportionment of the county superintendent
of common schools.
2. To notify the county superintendent of common schools
of the amount of county school fund in the county treasury
subject to apportionment whenever required, and to inform
said county superintendent of the amount of school moneys
belonging to any other fund subject to apportionment.
3. To pay all warrants drawn on county or districts school
moneys in accordance with the provisions of this title, when-
ever such warrants are countersigned by the district clerk
and properly endorsed by the holders.
4. To make annually, during the month of October, in each
year, a financial report for the last school year and fiscal year
ending with June thirtieth, to the county superintendent of
common schools, in such form as may be required by him.
(Act approved March n, 1895).
ARTICLE XII.
Duties of County Clerk, Clerk of District Court, and the
Justices of the Peace.
Section 942. Duty of county clerk.
Section 943. Duty of clerk of district court.
Section 944. Duty of justice of the peace.
Section 945. Penalty.
942. (Sec. 1890.) Duty of County Clerk.— It shall be the
duty of the county clerks of the several counties of the state
to make a report to the county superintendent of common
schools within their counties, durng the month of September
in each year, of the school tax levied and the assessed valuation
of the proper counties for that year. (Act approved March
n, 1895).
943. (Sec. 1891.) Duty of Clerk of District Court. — It shall
be the duty of the clerk of the district court, at the close of
every term thereof, to report to the county superintendent of
the county in which said term shall have been held, whether
or not any fines, and if any, what ones, were imposed by said
court during the said term. (Act approved March u, 1895).
Jay v. School District, 24 Mont. 228; 61 Pac. 253.
944. (Sec. 1892.) Duty of Justice of the Peace. — It shall be
136 GENERAL SCHOOL LAW
the duty of each justice of the peace of each county to report
to the county superintendent during the month of September
in each year, whether or not they have imposed and collected
any fines during the preceding year, and if any, what ones,
with the date at which the same were paid to the county
treasurer. (Act approved March n, 1895).
Jay V. School District, 24 Mont. 228; 61 Pac. 253.
945. (Sec. 1893.) Penalty. — All officers mentioned in Sec.
942 (1890), 943 (1891), and 944 (1892), of this title who shall
fail or neglect to perform any of the duties required by this
title shall be deemed guilty of a misdemeanor, and upon con-
viction before any court having competent jurisdiction thereof,
shall be fined in any sum not less than twenty dollars and not
more than one hundred dollars for each neglect; and such fine
shall be paid into the county treasury for the benefit of the
common schools in said county. (Act approved March n,
1895).
ARTICLE XIII.
Teachers' Institutes.
Section 946. Teachers' institutes to be held yearly.
Section 947. Same.
Section 948. Length of session.
Section 949. Teachers must attend.
Section 950. High school teachers exempt.
Section 951. "Institute fund."
Section 952. Expenses of institutes.
946. Teachers' Institutes to be Held Yearly. — The county
superintendent in every county in which there are five or more
school districts must hold one teachers' institute in each year,
and every teacher employed in a public school in the county
must attend the institute and participate in its proceedings ;
provided, that whenever the state superintendent and two or
more county superintendents deem it advisable, a joint institute
consisting of the teachers of two or more counties, may be
held at any convenient place within such counties to be selected
and agreed upon by their superintendents. (Act approved
March 7, 1907, Sec. i). (loth Sess. Chap. 148).
947. (S€c. 1901.) Same. — In any county where there are
less than five school districts the county superintendent may
after conference with the superintendent of public instruction,
STATE OF MONTANA. 137
nold an institute. (Act approved March n, 1895).
948. Length of Session. — Each session of the institute must
continue not less than three nor more than ten days. (Act
approved March 8th, 1897, Sec. 8). (5th Sess. 132-3).
949. Teachers Must Attend. — When the county superintend-
ent, after conference with the state superintendent, has ap-
pointed a time for holding the teachers' institute in his county,
it shall be his duty to give written notice of the time and place
of holding such institute to every board of school trustees with-
in his county, and to all the teachers of the county, at least
thirty days before the opening of such institute. It shall be
the duty of all boards of school trustees through their clerks, to
notify each and all of the teachers within their districts of the
time and place of holding the institute and to direct each and
all of their teachers to close their several schools for the pur-
pose of attending the institute. Each and every teacher en-
gaged in teaching a term of school in any district during the
time of the institute shall close his or her school during such
time and shall attend the institute and take active part in the
same without loss of salary for the actual time spent in attend-
ing the institute and for the actual time spent in going to and
returning from the same. The county superintendent shall in
all cases keep and preserve a record of the actual time spent
by each teacher of his or her county at the institute and shall
furnish both to each teacher and to his board of school trustees
a certificate of the time spent by said teachers at the institute.
Wilful failure on the part of any teacher to attend the insti-
tute shall be considered sufficient cause for the revocation of
such teacher's certificate by the county superintendent; Pro-
vided, however, that the county superintendent may,' in his
discretion, excuse any teacher from attending the institute who
could not attend same without great and excessive incon-
venience, cost, expense, and loss. of time. Wilful failure on the
part of the board of school trustees of any school district to
close their schools, during the time of the holding of the insti-
tute as herein required, shall be considered sufficient cause
for withholding the public moneys to which such district
would otherwise be entitled; provided, however, that, in the
case of boards of school trustees as in the case of teachers
the great distance of any school district from the place of hold-
ing the institute, excessive loss of time, inconvenience, and cost
138 GENERAL SCHOOL LAW
shall be considered good grounds on which the county superin-
tendent, under authority and direction from the state superin-
tendent, may excuse any board of school trustees from closing
their school at such times and from observing the above re-
quirements. (Act approved March 2, 1905). (9th Sess. Chap.
60).
950. High School Teachers Exempt. — All high school teach-
ers are hereby exempt from the requirements of this Act.
(Act approved March 2, 1905, Sec. 2). (9th Sess. Chap. 60).
951. "Institute Fund." — For the purpose of defraying the
expenses of the institute mentioned in said Section 949 (1904),
there shall be an institute fund created as follows :
First: All moneys received from the issuance of teachers'
certificates by the county superintendent.
Second : Moneys received from appropriations by boards of
county commissioners ; and every board of county commis-
sioners in each county in w'hich a teachers' institute may be
held is hereby authorized and directed to appropriate for said
"institute fund" as follows:
• Counties of the first class not less than $250 nor more than
$350. Counties of the second 'class not less than $250 nor
more than $300. Counties of the third, fourth, fifth and sixth
classes not less than $200 nor more than $250. Counties of
the seventh and eighth classes, not less than $100 nor more
than $200. (Act approved March 7, 1907, Sec. 2). (loth
Sess. Chap. 148).
952. (Sec. 1905.) Expenses of Institutes. — The county
superintendent must keep an accurate account of the actual
expenses of the institute, with vouchers for the same, and
present the bill to the county commissioners, who shall allow
the same ; Provided, that such amount shall not exceed that
specified in the last preceding section of this title. (Act ap-
proved March n, 1895).
STATE OF MONTANA. 139
ARTICLE XIV.
Examinations and Certificates.
Section 953. Examination of teachers.
Section 954. County board of educational examiners.
Section 955. Compensation of board of examiners.
Section 956. Qualifications of examiners.
Section 957. Dirties of examiners.
Section 958. Grades of certificates, temporary certificates.
Section 959. Qualification© of teachers.
Section 960. Charges for certificates.
Section 961. Revocation of certificates.
Seotion 962. Custody of examination papers.
Section 963. Status of three year graduate of state normal school.
Section %4. Status of four year graduate of state normal school.
953. Examination of Teachers. — The county superintendent
shall hold public examinations of all persons, over eighteen
years of age, offering themselves as candidates for teachers of
common schools, at the county seat, on the last Friday in
Fe'bruary, April, August and November of each year, and when
necessary, such examinations may be continued on the follow-
ing day, at which time he shall examine them by series of writ-
ten or printed questions, according to the rules prescribed b^
the superintendent of public instruction. If the percentage
of correct answers required by the rules, and other evidence
disclosed by the examination, including particularly the super-
intendent's knowledge and information of the candidates suc-
cessful experience, the applicant is found to be a person of good
moral character, to possess a knowledge and understanding, to-
gether with aptness to teach and govern which shall enable
such applicant to teach in the common schools of the state the
various branches required' 'by ' law, said superintendent shall
grant to such applicant a certificate of qualification. (Act
approved March i^th, 1901, Sec. 6). (7th Sess. 123-4). .
954. County Board of Educational Examiners. — That in each
county there shall be a board of county examiners composed of
the county superintendent of schools who shall be ex-officio
chairman of the board, and two competent persons to be ap-
pointed 'by the board of county commissioners, who at the time
of their appointment shall be residents of the county and shall
have been actively engaged in teaching for -a period of at least
eighteen months. Two members of this board shall constitute
a quorum for the transaction of business. Those first to be
140 GENERAL SCHOOL LAW
appointed shall serve for one and two years respectively from
the first day of April, 1907, and until their successors are duly
appointed and qualified. If vacancies occur in these positions
during the terms for which their incumbents were appointed,
their successors snail be appointed to serve during their unex-
pired terms only. Upon the expiration of the regular terms of
either of these examiners his successor shall be appointed to
serve for two years. (Act approved February 27, 1907, Sec.
i). (loth Sess. Ghap. 47).
955- Compensation of Board of Examiners. — The compensa-
tion of these examiners s'hall be their actual traveling expenses
from their residences to and from the county seat or other
point in the county where the examinations are held, and such
further compensation per diem as the board of county com-
missioners may deem just and sufficient for their services, bas-
ing such compensation upon the actual quantity of work per-
formed by them and the actual time required to perform if.
(Act approved Fe'b. 27, 1907, Sec. 2). (loth Sess. Chap. 47).
956. Qualifications of Examiners. — Such examiners at the
time of their appointment must be holders of Montana profes-
sional county certificates, or state certificates, or life diplomas,
or diplomas from the state university, state normal college, )r
state college of agriculture and mechanic arts or holders of
diplomas as graduates from some reputable university, col-
lege, or normal school other than those of Montana. These
examiners shall qualify for their positions in the same form
and manner required for the qualification of all county super-
intendents. (Act approved February 27, 1907, Sec. 3). (lotli
Sess. Chap. 47).
957. Duties of Examiners. — The duties of these two exam-
iners shall be to act jointly and equally with the county super-
intendent in the matter of conducting the examination uf
teachers and in the marking and grading of papers submitted
by them as the results of the examination. This board of ex-
aminers shall also conduct all eighth grade examinations in
their respective counties when requested to do so by the state
board of education to conform with their rules and regulations,
and it shall be empowered to grant eighth grade diplomas or
common school certificates to all examinees successfully pass-
ing such examination. (Act approved February 27, 1907, Sec.
4). (loth Sess. Chap. 47).
STATE OF MONTANA. 141
958. Grades of Certificates. Temporary Certificates. —
County certificates shall be of four grades. The professional
grade for a term of not less than four years, and the first
grade certificate for a term of not less than three years, and
the professional and first grade certificates shall be good and
valid for as long as the holder thereof continues teaching and
gives the county superintendent satisfactory evidence of pro-
gress and efficiency, the second grade certificate shall be valid
for a term of two years, and the third grade certificate shall
be valid for'. a term of one year according to the ratio of cor-
rect answers of the applicant and other evidences of qualifi-
cation appearing from the examination. No certificate shall
be granted unless the applicant shall be found proficient in and
qualified to teach the following- branches of a common English
education; penmanship, orthography, reading, writing, arith-
metic, mental arithmetic, geography, English grammar, physi-
ology and hygiene, U. S. History, and theory and practice of
teaching. In addition to the above, applicants for a second
grade certificate shall pass a satisfactory examination in civics
of the United States and Montana, and physical geography ;
applicants for a first grade certificate shall pass an examination
in civics of the United States and Montana, physical geography,
American literature and elementary alge'bra; applicants for a
professional grade certificate shall pass an examination in
civics of the United States and Montana, physical geography,
American literature, elementary algebra, physics and plane
geometry. No person shall be employed as teacher in high
school or as the principal teacher of a school of more than two
departments, who is not. the holder of a professional county
certificate or the holder of a life or state diploma, issued by
the state board of education of the state of Montana, or who
is not a graduate of some reputable university, college or nor-
mal school. The percentages required to pass any branch
shall, by standing rule, be prescribed by the superintendent
of public instruction. In addition to these regular grades of
certificates, the county superintendent may grant a temporary
certificate to teach until the next regular examination, to any
person applying at any other time than at a regular exam-
ination, who can show satisfactory reasons for failing to attend
such examination, subject to rules and regulations to be pre-
scribed by the superintendent of public instruction. Such
142 GENERAL SCHOOL LAW
temporary certificate shall not be granted more than once
to the same person; Provided, that where a temporary certi-
ficate has been duly issued to any teacher, and that it is im-
possible, bv reason of 'sickness or other unavoidable accident,
for such teacher to attend the next regular examination, such
teacher, upon due and sufficient proof certified to the county
superintendent, who shall certify the facts to the state super-
intendent of public instruction, who may authorize the county
superintendent to issue a second permit or may. require the
teacher to take a private examination. The written answers of
all candidates, for county certificates after being duly exam-
ined by the county superintendent, shall be kept by him during
his term of office, and any candidate thinking an injustice
has been done to him or her, by paying a fee of two dollars
into the institute fund of the county and by notifying both
county and state superintendent of the same, shall have his or
her paper re-examined by the superintendent of public instruc-
tion. The county superintendent shall upon receipt of such
notice from said complaining candidate, transfer said paper
to the superintendent of public instruction, who shall re-ex-
amine the same and if the answers warrant it shall instruct
the county superintendent to issue to such complaining candi-
date a county certificate of proper grade and the county
superintendent shall carry out such instructions. (Act ap-
proved March 4th, 1897, Sec. i). (5th Sess. 146-148).
959. Qualifications of Teachers. — No certificate to teach
in the public schools of Montana shall be granted to any per-
son, who is not a citizen of the United States, or who has not
declared his intention to become a citizen. Any teacher no\vT
holding a certificate, who is not a citizen of the United States
will be allowed six months time in which to declare his inten-
tion to become a citizen, or else have his certificate revoked.
No regular or temporary certificate to teach shall be issued
to any person under the age of eighteen years, and no profes-
sional or first grade certificate shall be issued to any person
who has not taught successfully twelve months ; and a third
grade certificate shall not be issued more than twice to the
same person. Third and second ^rade certificates shall be valid
only in the county where issued. A professional or first grade
certificate shall be valid in any county in the state upon in-
dorsement as hereinafter provided, and shall be renewed by the
STATE OF MONTANA. 143
county superintendent upon the proper fee being paid to th^
institute fund as provided for in case of examination provided,,
that no professional or first grade certificate shall be renewed
unless the applicant has taught at least ten months during the
life of said certificate. Said professional or first grade- certi-
ficate shall be renewed by the county superintendent by his
indorsement thereon, upon the payment of the same fee as is
required by law for examinations ; provided further, that when-
ever application is made by a holder of an unexpired first
grade, second grade, or third grade Montana certificate for
examination for any higher grade certificate, and it shall be
made to appear to the county superintendent that such appli-
cants have been engaged in teaching in any of the public
schools of the state for a period of one year or more, the said
applicant shall be entitled to be credited with the percentage
of his or her last examination for said first, second or third
grade certificate, as the case may be and shall not be required
to be examined in any studies except the additional ones
prescribed for such certificates, and such other studies that the
applicant may not 'have secured the required percentage upon
previous examination ; provided, further, that to excuse any
candidate from taking the examination upon any branch he or
she must have secured upon such branch at his or her
last previous examination at least 80 per cent. No per-
son shall be employed or permitted to teach in any of the pub-
lic schools of the state who is not a holder of a lawful certifi-
cate of qualification to teach. Any contract made in violation,
of this section shall be void; provided, that the special certifi-
cate in penmanship, drawing, modern language and music shall
be granted upon request of the majority of the members of any
board of trustees ; such special certificate to be valid for three
years and shall entitle the holder to teach -only such special
branch or branches stated in said certificate; provided, further,.
that if the attendance upon the aforesaid examination of
teachers at the county seat shall work a great hardship to
one or more teachers, in the county, the county superintendent,
upon application of the state superintendent, may provide for
such teachers to take the examination at some convenient
place, and the county superintendent may appoint some sui:-
able person to conduct such examination, under the rules and
regulations prescribed by the state superintendent of public
144 GENERAL SCHOOL LAW
instruction. (Act approved March 3, 1905). (gth Sess.
Chap. 77).
960. (Sec. 1913.) Charges for Certificates. — Every applicant
for a county certificate shall pay one dollar to the county
superintendent, which shall be used by him in the support of
teachers' institutes in the county. (Act approved March it,
1895).
961. (Sec. 1914.) Revocation of Certificates. — The county
superintendent is authorized and required to revoke and annul
at any time a certificate granted by him or his predecessor for
any cause which would have authorized or required him to
refuse to grant it if known at the time it was granted, and for
incompetency, immorality, intemperance, cruelty, crime against
the state law, refusal to perform his duty, or general neglect
of the business of the school. The revocation of the certi-
ficate shall terminate the employment of such teacher in the
school in which he or she may at the time be employed, but the
teacher must be paid up to the time of receiving notice of such
revocation. (Act approved March n, 1895).
962. (Sec. 1915.) Custody of Examination Papers. — The
questions prepared by the superintendent of public instruction
when received by the county superintendent shall not be
opened or the seal thereof broken until the day of examination.
And the county superintendent is prohibited from furnish-
ing or giving to any person or persons any information con-
cerning the questions prepared by the state superintendent,
(Act approved March n, 1895).
963. Status of Three Year Graduates of State Normal
School. — All graduates of the state normal school who have
completed and graduated in the professional course of the three
years' course of said school and received a diploma, certifying
that either of the-said courses, has been completed, shall, on the
registry of said diploma in the office of the state superintendent
of public instruction, be entitled to teach in the public schools
of the State of Montana without other or further examination
for the term of three years after such graduation and such
graduates shall, on furnishing to the state board of education
satisfactory evidence of having successfully taught in the public
schools of the state for a term of two years, be entitled to
receive from said board a life diploma. (Act approved Feh-
-ruary 22nd, 1899, Sec. i). (6th Sess. 51-2).
STATE OF MONTANA. 145
964. Status of Four Year Graduates State Normal School.—
All graduates of the said state normal school who have com-
pleted and graduated in the four years' course of said school
and received a diploma certifying that said course has been
completed, shall on the registry of said diploma in the office
of the state superintendent of public instruction, be entitled
to teach in the public schools of the State of Montana, without
other or further examination, for a term of three years after
such graduation, and on furnishing to the state board of edu-
cation satisfactory evidence of having successfully taught
in the public schools of Montana for a period of one year, shaH
be entitled to receive from such board a life diploma. (Act
approved February 22nd, 1899, Sec. 2). (6th Sess. 52).
ARTICLE XV.
Compulsory Attendance.
Section 965. Compulsory attendance. Excuses.
Section 966. Employment of children under fourteen prohibited.
Section 967. Employment, of children between fourteen and sixteen.
Section 968. Juvenile disorderly persons.
Section 969. Truant officers, powers and duties.
Section 970. Duties of principals, teachers and clerks.
Section 971. Prosecution of truants.
Section 972. Commitment to industrial school.
Section 973. Pauper children.
965. Compulsory Attendance. Excuses. — All parents guard-
ians and other persons who have care of children, shall in-
struct them, or cause them to be instructed in reading, spell-
ing, writing, English grammar, geography, physiology and
hygiene, and arithmetic. Every parent, guardian or other per-
son having charge of any child between the ages of eight and
fourteen years shall send such child to a public, private, or
parochial school, for the full time that the school attended Is
in session, which shall in no case be for less than sixteen
weeks during any current year, and said attendance shall begin
within the first week of the school term, unless the child is
excused from such attendance by the superintendent of the
public schools, in city and other districts having such super-
intendent, or by the clerk of the board of trustees in village
and township districts not having such superintendent, or by
the principal of the private, or parochial school, upon satis-
146 GENERAL SCHOOL LAW
factory showing, either that the bodily or mental condition
of the child does not permit of its attendance at school, or
that the child is being instructed at home by a person qualified,
in the opinion of the superintendent of schools in city or other
districts having suc'h superintendent, or the clerk of the board
of trustees in village or township districts not having such
superintendent, to. teach the branches named in this section,
or that there is no school taught the required length of time
within 2^2 miles of the residence of such child by the nearest
traveled road ; provided, that no child shall be refused admis-
sion to any public school on account of race or color. In case
such superintendent, principal or clerk refuses to excuse a chili
from attendance at school, an appeal may be taken from such
decision to district court of the county, upon giving a bond,
within ten days after such refusal, to the approval of said
court, to pay all costs of the appeal, and the decision of the
district court in the matter shall be final. All children be-
tween the ages of fourteen and sixteen years, not engaged in
some regular employment, shall attend school for the full
term of the schools of the district in which they reside are
in session during the school year, unless excused for the
reason above named. Any parent, guardian, or other person,
having care of a child between the ages of eight and fourteen
years, who shall, in violation of the provisions of this section,
fail to place such child in school at the commencement of the
annual school term within the time prescribed in this section,
shall upon conviction, be fined not less than five dollars nor
more than twenty dollars. (Act approved March 3rd, 1903,
Sec. i). (8th Sess. Chap. 45).'
966. Employment of Children Under Fourteen Prohibited. —
No child under fourteen years of age shall be employed or be
in the employment of any person, company or corporation dur-
ing the school term and while the public schools are in. ses-
sion, unless such child shall present to such person, company or
corporation an age and schooling certificate herein provided
for. An age and schooling certificate shall be approved only
by the superintendent of schools, or by a person authorized
by him, in city or other districts having such superintendent,
or by the clerk of the board of trustees in village and town-
s'hip districts not having such superintendent, upon a satisfac-
tory proof of the age of such minor and that he has success-
STATE OF MONTANA. 147
fully completed the studies enumerated in Sec. 965 of th's
article ; or if betewen the ages of fourteen and sixteen years,
a knowledge of his or her ability to read and write legibly
the English language. The age and schooling certificate shall
be formulated by the superintendent of public instruction and
the same furnished, in blank, by the clerk of the board of
trustees or the clerk of the district. Every person, company,
or corporation employing any child under sixteen years of age,
shall exact the age and schooling certificate prescribed in this
section, as a condition of employment and shall keep the same
on file, and shall upon the request of the truant officer herein-
after provided for, permit him to examine such age and school-
ing certificate. Any person company, or corporation, employ-
ing any minor contrary to the provisions of this section shall
be fined not less than twenty-five nor more than fifty dollars
for each and every offense. (Act approved March 3rd, 1903,
Sec. 2). (8th Sess. Chap. 45).
967. Employment of Children Between Fourteen and Six-
teen.— All minors over the age of fourteen and under the age
of sixteen years, who cannot read and write the English lan-
guage shall be required to attend school as provided in Sec.
965, of this article and all the provisions of said section shall
apply to said minors; provided, that such attendance shall not
be required of such minors after they have secured a certificate
from the superintendent of schools in districts having super-
intendents, or the clerk of the board of trustees in districts
not having superintendents, that they can read, and write the
English language. No person, company or corporation, shall
employ any such minor during the time schools are in session,
or having such minor in their employ shall immediately
cease such employment, upon notice from the truant
officer who is hereinafter provided. Every person, com-
pany or corporation violating the provisions of this section
shall be fined not less than twenty-five nor more than fifty dol-
lars for each and every offense. (Act approved March 3rd,
1903, Sec. 3). (8th Sess. Chap. 45).
968. Juvenile Disorderly Persons. — Every child between the
ages of eight and fourteen years, and every child between the
ages of fourteen and sixteen years unable to read, and write
the English language, or not engaged in some regular em-
ployment and who is an habitual truant from school, or who
148 GENERAL SCHOOL LAW
absents itself habitually from school, or who while in attend-
ance at any public, private, or parochial school, is incorrigible,
vicious, or immoral in conduct, or who habitually wanders
about the streets and public places during school hours having
no business or lawful occupation, shall be deemed a juvenile
disorderly person and be subject to the provision of this act.
(Act approved March 3rd, 1903, Sec. 4). (8th Sess. Chap. 45).
969. Truant Officers. Powers and Duties. — To aid in the
enforcement of this act, truant officers shall be appointed and
employed as follows : In city districts the board of trustees
shall appoint and employ one or more truant officers ; in vil-
lages and township districts the trustees shall appoint, if they
deem it advisable, a constable or other person as truant officer.
The compensation of the truant officer shall be fixed and paid
by the board appointing him. The truant officer shall be
vested with police powers, the authority to serve warrants, and
have authority to enter workshops, factories, stores, and all
other places where children may be employed, and do what-
ever may be necessary, in the way of investigation or other-
wise to enforce the provisions of this Act ; he is also author-
ized and it shall be his duty to take into custody the person
of any youth between eight and fourteen years of age, or be-
tween fourteen or sixteen years of age when not regularly
employed or when unable to read, and write the English
language, who is not attending school, and shall conduct said
youth to the school he has been attending, or which he should
rightfully attend. The truant officer shall institute proceed-
ings against any officer, parent, guardian, person, or cor-
poration, violating any provisions of this Act, and perform
such other services as the superintendent of schools or the
board of trustees may deem necessary to preserve the morals
and secure the good conduct of school children and to enforce
this act. The truant officer shall keep a record of his transac-
tions for the inspection and information of the superin-
tendent of the schools and the board of trustees ; and he shall
make daily reports to the superintendent of schools during the
school term in districts having superintendents, and to the
clerk of the board of trustees in districts not having super-
intendents as often as required by him. Suitable blanks for
use of the truant officer shall be provided by the clerk of the
STATE OF MONTANA. 149
board of trustees or the clerk of the district. (Act approved
March 3rd, 1903, Sec. 5). (8th Sess. Chap. 45).
970. Duties of Principals, Teachers and Clerks. — It shall be
the duty of all principals, and teachers of all schools, public,
private, and parochial, to report to the clerk of the board of
trustees of the city, village or district in which the schools are
situated, the names, ages, and residences of all pupil's in attend-
ance at their schools, together with such other facts as said
clerk may require, in order to facilitate the carrying out of the
provisions of this Act, and the clerk shall furnish blanks for
such purpose, and such report shall be made during the last
week of each month from September to June inclusive of each
year. It shall be the further duty of such principals and
teachers to report to the truant officer, the superintendent of
public schools, or the clerk of the board of trustees, as the
case may be, all cases of truancy or incorrigibility in their
respective schools as soon after these offenses have been com-
mitted, as practicable. (Act approved March 3rd, 1903, Sec.
6). (8th Sess. Chap. 45).
971. Prosecution of Truant. — On the request of the super-
intendent of schools, or the board of trustees, or when it other-
wise comes to his notice, the truant officer shall examine into
any case of truancy or non-attendance within his district, and
warn said truant or non-attendant and his parent, guardian or
other person in charge, in writing, of the final consequence of
truancy or non-attendance if persisted in. When any child be-
tween the ages of eight and fourteen years or any child be-
tween the ages of fourteen and sixteen years, .who cannot read
and write the English language or who is not regularly employ-
ed, is not attending school, in violation of the provisions of this
Act, the truant officer shall notify the parent, guardian or other
person in charge of such child, of the fact, and require such par-
ent, guardian or other person in charge, to cause the cKild to at-
tend some recognized school within two days from the date of the
notice ; and it shall be the duty of the parent, guardian, or other
person in charge of the child, so to cause its attendance at
some recognized school. Upon failure to do so, the truant
officer shall make complaint against the parent, guardian or
other person in charge of the child in any court of competent
jurisdiction in the city, village, or other district in which the
offense occurs, for such failure, and upon conviction, the parent,
150 GENERAL SCHOOL LAW
guardian, or other person in charge, shall be fined not less than
five dollars, nor more than twenty dollars, or the court may
in its discretion, require the person so convicted to give
bond in the penal sum of one hundred dollars, with sureties to
the approval of the court, conditioned that he or she will
cause the child under his or her charge to attend some recog-
nized school within two days, thereafter and to remain at such
school during the term prescribed by law ; and upon the failure
or refusal of any parent, guardian, or other person to pay said
fine and costs or furnish saicl bond according to the order of
the court, then said parent, guardian or other person shall
be imprisoned in the county jail not less than ten days nor
more than thirty days. (Act approved March 3rd, 1903, Sec.
6). (8th Sess. Chap. 45).
972. Committment to Industrial School. — If the parent,
guardian, or other person in charge of any child, shall, upon
the complaint under the last section for a failure to cause the
child to attend a recognized -school, prove inability to do so,
then he or she shall be discharged and thereupon the truant
officers shall make complaint that the child is a juvenile dis-
orderly person within the meaning of Section 968 (1923), of
this article. If such complaint is ' made before any Mayor,
Justice of the Peace or Police Judge, it shall be certified by
such Magistrate to the district court in and for the county
in which the child resides or to a judge of said district court.
The district court or the judge thereof to whom the same is
certified shall hear such complaint and if it be determined that
the child is a juvenile disorderly person within the meaning
of Section 968 (1923), of this Article, the saicl child shall be
committed by the said court or the judge thereof to whom
the complaint was certified to the industrial school hereinafter
provided for, where he shall be subject to all rules and regu-
lations of said industrial school ; provided, further, that if for
any cause the parent, guardian, or other person in charge
of any juvenile disorderly person as defined in Section 968
(1923), of this Article, shall fail to cause such juvenile dis-
orderly person to attend school, then complaint against such
juvenile disorderly person shall be made, heard and determined
in like manner as provided in case the parent proves inability
to cause such juvenile disorderly person to attend school. (Act
approved March 3, 1905, Sec. i). (9th Sess. Chap. 80).
STATE OF MONTANA.
151
973. Pauper Children. — When any truant officer is satisfied
that any child, compelled to attend school by the provisions
of this Act, is unable to attend school because absolutely re-
quired to work, at home or elsewhere, in order to support itself
or help support, or care for others legally entitled to its ser-
vices, who are unable to support or care for themselves, the
truant officer shall report the case to the authorities charged
with the relief of the poor, and it shall be the duty of said
officers to afford such relief as will enable the child to
attend school the time each year required under this Act.
Such child shall not be considered or declared a pauper by
reason of the acceptance, of the relief herein provided for. In
case the child, or its parents or guardian refuse or neglect to
take advantage of the provisions thus made for its instruc-
tion, such child may be committed to the industrial school here-
inafter provided for. In all cases where relief is necessary
it shall be the duty of the board of trustees or the trustees
of the district to furnish text books free of charge and said
board of trustees may furnish any further relief it may deem
necessary, the expenses incident to furnishing said books and
relief to be paid from the general fund of the school district.
(Act approved March 3rd, 1903, Sec. 6). (8th Sess. Chap 45).
ARTICLE XVI.
Industrial Schools.
Section 974. Industrial schools, where established
Section 975. Purchase of sites for buildings.
Section 976. Employment and regulations of teachers.
Section 977. Parent to provide clothing.
Section 978. Rules and regulations of school.
Section 979. Paroled children.
Section 980. Recommitment of paroled children.
Section 981. Incorrigibles.
Section 982. Industrial schools in small districts.
Section 983. Receiving pupils from other districts.
Section 984. Penalties and fines for neglect of official duty.
Section 985. Penalties for repeated violations of act.
Section 986. Duties of trustees to provide sufficient accommoda-
tions.
Section 987. Costs of prosecution.
Section 988. Repeal of conflicting provisions.
974. Industrial Schools, Where Established. — In school dis-
tricts having a population of 25,000 or more, there shall be es-
152 GENERAL SCHOOL LAW
tablished within two years from the passage of this Act, an
industrial school for the purpose of affording a place of con-
finement, discipline, instruction, and maintenance of children of
compulsory school age who may be committed thereto accord-
ing to the provisions prescribed in Section 972 (1925). (Act
approved March 3rd, 1903). (8th Sess. Chap. 45).
975. Purchase of Site and Building. — For the purpose of
establishing such school or schools, "sites may be purchased and
buildings constructed or premises rented in the same man-
ner as is provided for in the case of public schools in such
districts; but no school shall be located at or near any penal
institution. And it shall be the duty of the board of trustees
to furnish such schools with such furniture, fixtures, industrial
and other apparatus, and provisions as may be necessary for
the maintenance and operation thereof. (Act approved March
3rd, 1903). (8th Sess. Chap. 45).
976. Employment and Regulation of Teachers. — The board
of trustees may also employ a principal and other necessary
officers, agents, and teachers, and shall prescribe the methods
of discipline and the course of instruction ; and shall exercise
the same powers and perform the same duties as is prescribed
by law for the management of other schools.
No religious instruction shall be given in said school, except
such as allowed by law to be given in public schools ; but the
board of trustees may make suitable regulation so that the in-
mates may receive religious training in accordance with the
belief of the parents of such children, by arranging for attend-
ance at public services elsewhere. (Act approved March 3rd,
1903). (8th Sess. Chap. 45).
977. 4 Parents to Provide Clothing. — It shall be the duty of
the parent or guardian of any child committed to this school
to 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, the same may be
provided by the board of trustees, and such board may have
an action against such parent or guardian of said child to
recover cost of such clothing, with 10 per cent additional
thereto. (Act approved March 3rd, 1903). (8th Sess. Chap.
45).
STATE OF MONTANA. 153
978. Rules and Regulations of School. — The board of trus-
tees of such district shall have power to establish rules and
regulations under which children committed to such indus-
trial school may be allowed to return home upon parole, but
to remain while upon parole in the legal custody and under
control of the officers and agents of such school and subject
at any time to be taken back within the enclosure of such
school by the superintendent or any authorized officer of said
school except as hereinafter provided; and full power to enforce
such rules and regulations to retake any such child so upon
parole is hereby conferred upon said board of trustees. No
child shall be released upon parole in less than four weeks
from the time of his or her committment, nor thereafter until
the superintendent of such industrial 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 trustees. (Act approved March
3rd, 1903). (8th Sess. Chap. 45).
979. Paroled Children. — It shall be the duty of the principal
or other person having charge of the school to which children
so released on parole may be sent, to report at least once each
month to the superintendent of the industrial school, stating
whether or not such child attends school regularly, and obeys
the rul-es and regulations of said 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 a pupil shall be satis-
factory for a period of one year from date on which he or she
was released upon parole, he or she shall then be finally dis-
charged from the industrial or truant school, and shall not be
recommitted thereto except as hereinbefore provided. (A:.t
approved March 3rd, 1903). (8th Sess. Chap. 45).
980. Recommitment of Paroled Children. — 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 board of trustees, as hereinbefore provided, be taken back
to such industrial school, and shall not be again released
upon parole within the period of three months from the dare
of such re-entering; and if he or she shall violate the condi-
tions of a second parole, he or she shall be recommitted to
154 GENERAL SCHOOL LAW
such industrial school, and shall not be released therefrom on
parole, until he or she shall remain in such school at least one
year. (Act approved March 3rd, 1903). (8th Sess. Chap. 45).
981. Incorrigibles. — In any case where a child is incorrigible
and his or her influence in such school be detrimental to the
interests of the other pupils, the board of trustees may author-
ize the superintendent or any other officer of the school to
represent these facts to the district court by petition; and the
court shall have power to commit said child to the state reform
school. (Act approved March 2nd, 1903). (8th Sess. Chap.
45)-
982. Industrial Schools in Small Districts. — The board of
trustees in districts having a population less than 25,000 may
establish, maintain and operate an industrial school for the pur-
pose hereinbefore specified, and in case of the establishment of
such school, the board of trustees shall have like power in their
respective districts as hereinbefore expressed ; provided, that
no board of trustees under 'this section shall put this law into
effect until submitted to a vote at some general or special elec-
tion. (Act approved March 3rd, 1903). (8th Sess. Chap. 45).
983. Receiving Pupils From Other Districts. — Boards of
trustees in districts where there is established and in operation
an industrial school, may if the accommodation permits receive
pupils from other districts who have been committed '.hereto,
upon the payment from the district in which the child resides,
at such rate of tuition as the board of trustees may fix. (Act
approved March 3rd, 1903). (8th Sess. Chap. 45).
984. Penalties and Fine for Neglect of Official Duty. — Any
officer, principal, or other person mentioned in this Act, ne-
glecting to perform any duty imposed upon him by this Act,
shall be fined not less than twenty-five nor more than fifty dol-
lars, for each offense. Any officer or agent of any corporation
violating any provisions of this Act, and who participates or
acquiesces in or is cognizant of such violation, shall be fined
not less than twenty-five dollars nor more than fifty dollars.
Any person who violates any provision of this act for which a
penalty is not elsewhere in this Act provided for, shall be
fined not more than fifty dollars. Mayors, justices of the
peace, police judges, and district courts shall have jurisdiction
to try the offenses described in this Act. . When complaint is
made, information filed or indictment found against any cor-
STATE OF MONTANA. 155
poration for violating this Act, summons shall be served, ap-
pearance made, or plea entered, as provided by the laws of
Montana, except that in complaint before magistrates, services
shall be made by the constable. In all other cases process
shall be served, and proceedings had, as in cases of mis-
demeanor. All fines collected under the provisions of this
Act shall be paid into the funds of the school district in which
the offense was committed. Boards of trustees are authorized
to employ legal counsel to prosecute any case arising under
the provisions of the Act when it shall deem the same neces-
sary, and the services of such counsel shall be paid from the
general fund of the district. (Act approved March 3rd, 1903).
(8th Sess. Chap. 45).
985. Penalties for Repeated Violation of Act. — Every person
who, after being once convicted for violating any of the pro-
visions of this Act, shall be convicted of again violating any of
the provisions of this Act, may, in addition to the punishment
by way of a fine elsewhere provided for, be imprisoned not less
than ten days nor more than thirty days. On complaint, be-
fore mayor, justice of the peace, or police judge < of a second
violation of this Act involving punishment by imprisonment,
if a trial by jury be not waived, a jury shall be chosen and the
case tried, after the manner provided in the laws of Montana.
(Act approved March 3rd, 1903). (8th Ses*s. Ohap. 45).
986. Duty of Trustees to Provide Sufficient Accommodations.
— It is hereby made the duty of every board of trustees in th:.s
state to provide sufficient accomodations in the public schools
for all children in their district compelled to attend the public
schools under the provisions of this Act. Authority to levy
tax and raise the money necessary for such purpose, is hereby
given the proper officers charged with such duty under the
law. (Act approved March 3rd, 1903). (8th Sess. Chap. 45).
987. Costs of Prosecutions. — No officer or person instituting
proceedings under this Act shall be required to advance money
or give security for costs ; and if a defendant is acquitted or
discharged, or if convicted, and committed to jail in default
of payment of fine and costs, the justice, mayor, police judge
or district court, before whom such case was brought shall
certify such costs to the county auditor, who shall examine,
and if necessary correct the account, and issue his warrant to
the county treasurer in favor of the respective persons to
156 GENERAL SCHOOL LAW
whom such costs are due for the amount due each. (Act ap-
proved March 3rd, 1903). (8th Sess. Chap. 45).
988. Repeal of Conflicting Provisions. — All sections in the
school laws of the State of Montana in violation of the pro-
visions of this Act are hereby repealed. (Act approved March
3rd, 1903). (8th Sess. Chap. 45).
ARTICLE XVII.
City Superintendent of Schools.
Section 989. Ci'ty superintendent of schools.
Section 990. Qualifications.
Section 991. Duties.
Section 992. Certain employment prohibited.
989. (Sec. 1930.) City Superintendent of Schools. — In
every district having a population of two thousand
and upward the board of trustees of such district may appoint
a superintendent of schools of the district. He shall be ap-
pointed for such term, not exceeding three years, as the Board
may deem proper and be paid such salary from the general
school fund as is fixed by the board of trustees.
Section 2. All Acts and parts of Acts in conflict herewith
are hereby repealed.
Section 3. This Act shall take effect from and after its pas-
sage and approval.
Approved February 23, 1911.
990. (Sec. 1931.) Qualifications. — The person appointed to
such position shall be a holder of a state certificate of the
highest grade, issued in some state, or a graduate of some
reputable university, college or normal school, and shall have
taught in public schools at least five years. (Act approved
March n, 1895).
991. (Sec. 1932.) Duties. — The superintendent shall per-
form such duties as the board of trustees shall prescribe. (Act
approved March n, 1895).
992. (Sec. 1933.) Certain Employment Prohibited. — No
city superintendent shall engage in any work that will conflict
with his duties as superintendent. (Act approved March n,
STATE OF MONTANA. 157
ARTICLE XVIII.
School Funds.
Section 993. Permanent school fund.
Section 994. Common school levy.
Section 995. Special school tax.
Sectioni 996. Apportionment.
Section 997. Purposes for which money may te used.
Section 998. Transfer of road funds.
Section 999. Proceeds of town lots.
Section 1000. Building and furnishing fund.
Section 1001. Warrants.
Section 1002. Transfer of funds. Election.
993. Permanent School Fund.— The principal of the state ,
school fund 'shall remain irreducible and permanent. That
said fund shall be derived from the following sources, to-wit:
appropriations and donations by the state to this fund; dona-
tions and bequests by individuals to the state or common
schools; the proceeds of land and other property which revert
to the state by escheat and forfeiture; the proceeds of ail
property granted to the state, when the purpose of the grant
is not specified or is uncertain; funds accumulated in the
treasury of the state for the disbursement of which provision
has not been made by law; the proceeds of the sale of timber,
stone, materials or other property from school lands
other than those granted for specific purposes, and
all moneys other than rental recovered from persons
trespassing on said lands; five per centum of the pro-
ceeds of the sale of public lands lying within the state which
shall be sold by the United States subsequent to the admission
of the state into the Union as approved by Section 15 of the
Enabling Act; the principal of all funds arising from the sale
of lands and other property which have been and may be here-
after granted to the state for the support of common schools
and such other funds as may be provided by legislative enact-
ment. (Act approved March 8, 1897). (5th Sess. Chap. 133).
994. Common School Levy. — In addition to the provisions
for the support of common schools, hereinbefore provided, It
shall be the duty of the county commissioners of each county
in the state to levy an annual tax of four mills on the dollar of
the assessed value of all taxable property, real and personal,
within the county which levy shall be made at the time and in
the manner provided by law for the levying of taxes for
158 GENERAL SCHOOL LAW
county purposes, 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. For the further support of
the common schools, there shall also be set apart by the county
treasurer all moneys paid into the county treasury arising from
all fines or violations of law, unless otherwise specified by
law. Such money shall be forthwith paid into the county
treasury by the officer receiving the same, and be added to the
yearly school fund raised by taxing each county and dividing
in the same manner. (Act approved February 27, 1907, Sec.
i.) (loth Sess. Chap. 51).
995. Special School Tax. — On or before the day designated
by law for the commissioners of each county to levy the
requisite taxes for the then ensuing year, the school board in
each school district shall certify to the county commissioners
the number of mills per dollar which it is necessary to levy 3n
the taxable property of the district, not to exceed ten mills,
to raise a special fund to maintain the schools of said districts,
to furnish additional school facilities therefor, and to furnish
such appliances and apparatus as may be needed, and, in
the districts of the first and second class; the trustees thereof
must make such special levy, or so much thereof as may be
necessary to maintain a school term of at least nine months in
each year, and the county commissioners shall cause the same
to be levied at the same time that other taxes are levied, and
the amount of such special tax shall be assessed to each tax-
payer of such district, and shall be placed in separate column
of the tax book, which shall be headed "Special School Tax.'"
There shall also be a column in said tax book, which shall be
designated the number of the school district in which the prop-
erty is listed. This tax, when collected, shall be placed 10
the credit of the proper district, and shall be subject to the
order of the district board. (Act approved February 27, 1907,
Sec. 2.) (loth Sess. Chap. 51).
996. (Sec. 1942.) Apportionment. — All school moneys ap-
portioned by county superintendents of common schools shall
be apportioned to the several districts in proportion to the
number of school census children between six and twenty-
one years of age, as shown by the returns of the district clerk
for the next preceding school census ; Provided, that Indian
children, who are not living under the guardianship of white
STATE OF MONTANA. 159
persons, shall not be included in the apportionment list, unless
the parents thereof are citizens of the United States or have
taken land under the allotment and severa'lty act of congress,
and have severed their tribal relations. (Act approved March
n, 1895).
State v. Cave, 20 Mont 473; 52 Pac. 202.
997. (Sec. 1943.) Purposes for Which Money May Be Used.
— County school moneys may be used by the county superin-
tendent and trustees for the various purposes as authorized
and provided in this title, and for no other purpose, except that
in any district, any surplus in the general school fund to the
credit of said district, after providing for the expenses of not
less than eight months' school, on a vo-te of the qualified
electors of said district, may be used for the purpose of
building and improvement. If any school money shall be paid
by authority of the board of trustees for any purpose not auth-
orized by this title, the trustees consenting to such payment
shall be liable to the district for the repayment of such sum,
and a suit to recover the same may be brought by the county
attorney, or, if he shall refuse to bring the same, a suit may be
brought by any taxpaying elector in the district. (Act ap-
proved March n, 1895).
Butte v. School District, 29 Mont 336; 74 Pac. 869. School
district property cannot be specially assessed to pay the
cost of sprinkling the streets on which it abuts. The
"improvement" mentioned in this section must enhance
materially the value of the school property for the purpose
for which it is held.
998. (Sec. 1944.) Transfer of Road Funds.— It shall be the
duty of the county treasurer in each county in this state upon
an order of the board of county commissioners, to transfer any
and all sums of money raised by county road tax and appor-
tioned to certain road districts, that shall have remained one
year to the credit of any road district unused or unapportioned,
to the credit of the particular school district or districts whose
boundaries are coterminous, or nearly so, with those of the
road district to whose credit said moneys were originally
apportioned. A certificate to the road supervisor that such
moneys are not needed for immediate use in building or repair-
ing roads in his district, accompanied by the petition of ten
residents of such district that such transfer be made, shall
be made sufficient warrant for the county treasurer to make
160 GENERAL SCHOOL LAW
such transfer when approved by the board of county com-
missioners, and the official maps of the several road and school
districts of the county shall determine the districts to which
the transfers are to be made. Moneys so received to the
credit of any particular school district may be applied by
the trustees thereof to the payment of any outstanding dis-
trict indebtedness, or like other funds, to the ordinary ex-
penses of the district. (Act approved March n, 1895).
999. (Sec. 1945.) Proceeds of Town Lots. — All moneys
arising from the sale of town lots under and by virtue of the
'several acts of the legislative assembly of the state of Mon-
tana relating to town sites, that are now or that hereafter
may come into the hands of any clerk of the district court, or
the corporate authorities of any city or town of the state,
shall be paid into the county treasury of the county for the
use and benefit of the common schools of the school district
in which such city or town is situated, to be used as provided
for in this title. (Act approved March n, 1895).
1000. (Sec. 1946.) Building and Furnishing Fund. — The
county treasurers of the several counties of this state shall trans-
fer all moneys so paid into said treasury as provided for in
Sec. 999 (1945) of this title, or that may now be in such treas-
ury, derived from said source, to the school fund of the school
district in which town is situated, which shall be paid out on
the order of the school trustees of such district, as provided for
in Sec. 1001 (1947), of this title; and which said moneys shall
be by said treasurer set apart as a special fund for the purpose
of building and furnishing school houses, and shall be used
for such purpose alone, 'unless otherwise ordered, as provided
for in this title. (Act approved March n, 1895).
TOOT. (Sec. 1947.) Warrants. — The school trustees of any
school district are hereby authorized to draw warrants on said
fund named in Section 999 (1945) and 1000 (1946), of this
title, for the purpose of building and furnishing a school
house in such place, in the town or city from the sale of lots
out of which such fund arose, as they may designate, which
said warrants or orders shall specify the fund on which the
same are drawn and for what purpose drawn. (Act approved
March n, 1895).
1002. (Sec. 1948.) Transfer of Funds. Election. — Said
fund may be used for general school purposes, if a majority of
STATE OF MONTANA. 161
the qualified electors of such district shall so- elect, and upon
the written request of any five of the qualified electors of such
district presented to the trustees for such purposes in the man-
ner provided in Sec. 1243 and the trustees shall prepare the
form of the ballot used in such election, which election shall
be conducted as other elections provided for in the several
school districts under the general school laws of this state,
and when any warrant is so drawn on said fund for other pur-
poses than the building and furnishing of a school house, said
warrant shall specify that it was pursuant to an election held
for such purpose. (Act approved March u, 1895).
* No such number in original bill.
ARTICLE XIX.
Bonds.
Section 1003. How issued. Election. Limit.
Section 1004. Bonds for building and equipping school buildings
Section 1005. Manner of holding elections. Ballots. Voting.
Section 1006. Notice of sale of bonds.
Section 1007. School district liable on bonds.
Section 1008. Tax. Interest. Sinking funds.
Section 1009. Redemption of bonds. Duties of county commis-
sioners.
Section lO'lO. Redemption notice to bond hohMers.
Section ;L011. Duty of county treasurer.
Section 1012. Printing of bonds.
Section 1013. Penalty for refusal to pay bonds«.
Section 1014. Repayment of moneys borrowed for maintenance of
schools.
Section 1015. Special levy to repay moneys borrowed.
Section 1016. Disposition of funds collected.
Section 1017. Trustees may issue bonds.
Section 1018. General laws applicable.
1003. (Sec. 1960.) How Issued. Election. Limit. — The
board of school trustees of any school within this state shall,
whenever a majority of the school trustees so decide, submit to
the electors of the district the question whether the board shall
be authorized to issue coupon bonds to a certain amount, not
to exceed three per cent, of the taxable property in said dis-
trict, and bearing a certain rate of interest not exceeding six
per cent per annum, and payable and redeemable at a certain
time, for the purpose of building and furnishing one or more
school houses in said district, and purchasing land necessary
162 GENERAL SCHOOL LAW
for the same. Should the trustees of any school district in
which bonds have heretofore been issued to any amount, desire
to submit to the electors of the district the question as to-
whether additional bonds shall be issued they may do so,
but no such bonds shall be issued unless a majority of all votes
cast at any such election shall be cast in favor of such issue
of additional bonds ; and in no case shall the whole issue c f
bonds exceed the amount of three per cent, of the taxable
property within said school district. (Act approved March
n, 1895).
1004. Bonds for Building and Equipping School Buildings.
— The board of school trustees of any school district within
Montana, shall, whenever a majority of the school trustees so
decide, submit to the electors of the district the question
whether the board shall be authorized to issue coupon bonds
to a certain amount, not to exceed three per cent, of the tax-
able property in said district; provided, that nothing herein
contained shall authorize the issuance of bonds to an. amount
exceeding five hundred thousand dollars in any one school
district, and bearing a certain rate of interest not exceeding
six per centum per annum and payable and redeemable at a
certain time, for the purpose of building and furnishing one
or more school houses in said district, and purchasing land
necessary for the same. Should the trustees of any school
district in which bonds have been heretofore issued to any
amount, desire to submit to the electors of the district the
question as to whether additional bonds shall be issued they
may do so, but no -such bonds shall be issued unless a majority
of all votes cast at any such election shall be cast in favor of
such issue of additional bonds ; and in no case shall the whole
issue of bonds exceed in amount three per centum of the tax-
able property within such school district. This Act shall not
apply to an Act entitled "An Act to authorize the school trus-
tees of the school district number one, of Deer Lodge county,
to issue additional bonds for certain purposes," approved
February I3th, 1885. (Act approved February 21, 1905, Sec. i).
(9th Sess. Chap. 28).
1005. Manner of Holding Election. Ballots. Voting. — Such
election shall be held in the manner prescribed for the election
of school trustees except that no registration will be required.
The ballots shall be in the form as follows: "Shall bonds be
STATE OF MONTANA. 163
issued and .sold to the amount of dollars
and bearing not to exceed per cent, interest and for
a period not to exceed years, for the purpose of pur-
chasing a school lot and building a school house thereon and
furnishing the same?
Bonds, Yes.
Bonds, No.
The elector shall prepare his ballot by crossing out thereon
parts of the ballot in such a manner that the remaining part
shall express -his vote upon the question submitted. If a
majority of the votes cast at such election are Bonds, "Yes/*
the board of school trustees shall issue such bonds in such form
as the board may direct, and they shall bear the signature of the
chairman of the board of trustees, and shall be signed by the
clerk of the said school district ; and the coupons attached to the
bonds shall be signed by the said chairman and clerk, provided,
a lithographic or engraved facsimile of the signatures of the
chairman and clerk may be affixed to coupons only, when so
recited in the bonds, and the corporate seal of the school dis-
trict shall be attached to each of the bonds ; and each bond 30
issued shall be registered by the county treasurer in a book
provided for that purpose, which shall show the number and
amount of each bond, and the person to whom the same is
issued or sold; and the said bonds shall be sold by the trus-
tees as hereinafter provided. (Act approved March 14, 1901,
Sec. 2). (7th Sess. 125-6).
Hauswirth v. Mueller, 25 Mont. 159; 64 Pac. 325.
1006. (Sec. 1963.) Notice of Sale of Bonds.— The school
trustees shall give notice by advertisement in some newspaper
published in this state, for a period of not less than four weeks
to the effect that the said school trustees will sell said bonds
(briefly describing the same), and stating the time when, and
place where, such sale will take place; Provided, that the said
bonds shall not be sold for less than their par value, and that
the said trustees are authorized to reject any bids, and to sell
said bonds at private sale, if they deem it for the best interests
of the district; and all moneys arising from the sale of said
bonds shall be paid forthwith into the treasury of the county
in which such district may be located to the credit of said dis-
trict, and the same shall be immediately available for the pur-
pose of building or providing the school houses authorized by
164 GENERAL SCHOOL LAW
this title; Provided, that no such bonds shall be delivered by
the board of trustees unless the moneys therefor have been
paid into the county treasury. (Act approved March n, 1895.)
1007. (Sec. 1964.) School District Liable on Bonds. — The
faith of each school district is solemnly pledged for the pay-
ment of the interest and the redemption of the principal of the
bonds which shall be issued under the provisions of this title.
And for the purpose of enforcing the provisions of this title,
each school district shall be a body corporate, which may sue
and be sued by or in the name of the board of school trustees
of such district. (Act approved March n, 1895).
1008. (Sec. 1965.) Tax. Interest. Sinking Fund.— The
school trustees of each district shall ascertain and levy an-
nually, the tax necessary to pay the interest when it becomes
due and a sinking fund to redeem the bonds at their maturity;
and said tax shall become a lien upon the property in said
school district, and be collected in the same manner as other
taxes for school purposes. (Act approved March n, 1895).
1009. (Sec. 1966.) Same. Redemption of Bonds. — The
county commissioners, at the time of making- the levy of taxes
for county purposes, must levy a tax for that year upon the
taxable property in such district, for the interest and redemp-
tion of said bonds, and such tax must not be less than sufficient
to pay the interest of said bonds for that year, and such por-
tion of the principal as is to become due during such years and
in any event must be high enough to raise, annually for the
first half of the term said bonds have to run, a sufficient sum
to pay the interest thereon, and during the balance of the
term, 'high enough to pay such annual interest, and to pay,
annually a portion of the principal of said bonds equal to a
sum produced by taking the whole amount of said bonds out-
standing and divide it by the number of years said bonds have
to run and all money so levied, when collected, must be pail
into the county treasury to the credit of such district, kept
in a separate fund and be used for the payment of principal and
interest on said bonds, and for no other purpose.
i. Provided, that the board may with the surplus of such
sinking fund, when the same shall be one thousand dollars o/
more, purchase any of the outstanding bonds issued by the
board. Such purchase shall be made at the lowest price such
bonds can be purchased at, but at no more than par value of
STATE OF MONTANA. 16S
such bonds ; and whenever there shall be such a surplus of
sinking fund amounting to the sum of one thousand dollars,
the board shall purchase therewith like bonds, on the same
terms and conditions as hereinbefore specified.
2. If for any reason such bonds cannot be purchased as
hereinbefore specified, such sinking fund shall be invested by
the treasurer under the direction of the board of trustees, at
such times as the board shall direct, in the interest-bearing
bonds of the United States or of the State of Montana, which
shall be purchased at the lowest market price. Interest accru-
ing upon such bonds shall be invested in the same manner
and for the same purpose as sinking fund. Such bonds shall
be held by the treasurer until the principal of any bonds issued
by the board of trustees shall become due, and shall be sold at
the highest market price, and the proceeds applied to the pay-
ment of bonds : Provided, .further, that if at any time the board
shall deem it best, it shall be lawful to sell such bonds for
the purpose of purchasing the bonds issued by such board;
but all such sales shall be at the highest market price, and the
bonds of the board purchased with the proceeds of such sale
shall be purchased at the lowest price they can be obtained
for, and not above the par value of such bonds ; Provided,
further,, that the bonds first maturing shall be purchased, if
they can be purchased, on terms as favorable to the board as
others offered for sale to the said board. All bonds of the said
board purchased under the authority hereby given, or paid
by the board, shall be forthwith canceled as provided in the
next succeeding section. (Act approved March 18, 1895).
1010. (Sec. 1967.) Redemption. Notice to Bond Holder. —
When the sum in said sinking fund shall equal or exceed the
amount of any bond then due, the county treasurer shall give
notice to each bond holder, if known to him and shall post in
his office a notice that he will, wi'thin thirty days from the
date of such notice, redeem the bonds then payable, giving the
numbers thereof, and preference shall be given to the oldest
issue; and if at the expiration of the said thirty days the holder
or holders of said bonds shall fail or neglect to present the
same for payment, interest thereon shall cease; but the treas-
urer shall at all times thereafter be ready to redeem the same
on presentation, and when any bonds shall be so purchased or
redeemed the county treasurer shall cancel all bonds so pur-
166 GENERAL SCHOOL LAW
chased and redeemed by writing across the face of such bond
or bonds, in vred ink, the word "Redeemed" and the date of
such redemption; Provided, that, whenever in the judgment
of the board of school trustees and prior to the redemption of
said bonds said board shall deem it advisable and for the
best interests of the school district to invest said sinking fund
or any part thereof, the board may by an order entered upon
their minutes direct and require the county treasurer to invest
said sinking fund or any part thereof in state or county bonds
or warrants until such redeemable period. (Act approved
March n, 1895).
ion. (:Sec. 1968.) Duty of County Treasurer. — The county
treasurer shall pay out of any moneys belonging to the school
district the interest upon any bonds issued under this title by
such district when the same shall become due, upon the pre-
sentation at his office of the proper coupon which shall show
the amount due, and the number of the bond to which it be-
longed ; and all coupons so paid shall be reported to the school
trustees at their first meeting thereafter. (Act approved
March n, 1895).
1012. (1969.) Printing of Bonds. — The school trustees of
any district shall cause to be printed or lithographed, at the
lowest rates, suitable bonds, with the coupons attached, when
the same shall become necessary, and pay therefor out of any
moneys in the county treasury to the credit of said school dis-
trict. (Act approved M'arch 11, 1895).
1013. (Sec. 1970.) Penalty. — If any of the school trustees
of any district shall fail or refuse to pay into the proper county
treasury the money arising from the sale of any bonds pro-
vided for by this title, they shall be deemed guilty of a felony,
and upon conviction thereof, shall be punished by imprison-
ment in the state penitentiary for a term of not less than one
year nor more than ten years. (Act approved March n, 1895).
1014. Repayment of Moneys Borrowed for Maintenance of
Schools. — That whenever, before the passage of this Act, the
taxes levied and collected in any school district upon the tax-
able property of said district, for the necessary maintenance of
the schools therein, have been insufficient for the necessary
maintenance of said schools, and for that reason the trustees
of said school district have been compelled to borrow money
for the necessary maintenance of said schools, in order to prc-
STATE OF MONTANA. 167
vent the closing of the same for a portion of the regular school
year of said district, and have borrowed money for the neces-
sary maintenance of said schools, and such moneys so bor-
rowed cannot be repaid' out of the total amount of taxes that
may be raised by maximum levy for school purposes in such
district, without using the funds of the district needed to pay
the necessary current expenses for the maintenance of the
schools therein, and thereby necessitating the closing of such
schools for the whole or a portion of the regular current school
year of such district for one or more years, then the said trus-
tees shall be, and are hereby, empowered to raise money to
repay, and to repay such loans, with interest thereon from the
date thereof until paid at the rate of six per cent per annum,
by levying a tax therefor upon all the taxable property in said
district in the manner provided in the following sections. (Act
approved January 27, 1905, Sec. i). (pth Sess. Chap. 2).
1015. Special Levy to Repay Moneys Borrowed. — That if
the trustees of any school district, under the circumstances
mentioned in Section i, of this Act shall determine to repay
the moneys borrowed and used for the purpose mentioned in
said Section i, they shall ascertain the amount to be levied
by rinding the amount of the principal, of such loans and
interest at six per cent per annum from the date thereof 10
December I5th, of the year in which such levy shall be made,
that being the time when the tax will properly be collected,
and shall, on or before the day when the county commissioners
are required by law to make the annual tax levy, make and
file with the county clerk of the county in which such school
district shall be situated, their certificate, which shall be signed
by a majority of such trustees, setting forth therein the
amount to be raised as aforesaid, and requesting the county
commissioners to levy the amount named in said certificates
as a special tax upon all taxable property in said school dis-
trict. The valuation of the property in said district as the
same appears upon the assessment roll of said county for the
year for which the levy shall be made, shall be the basis for
the assessment of such tax. It shall be the duty of the county
commissioners at the time the annual tax levy is made, to levy
the sum named in said certificate as a special tax upon all of
the taxable property in said district, and the duty of the
county clerk to spread said tax upon the said assessment roll
168 GENERAL SCHOOL LAW
against all of said property in the same manner as other
taxes are spread upon said roll, and said tax being so assessed
shall become a lien upon said property and be collected in the
same manner as other taxes for school purposes are collected,
(Act approved February iQth, 1901, Sec. 2). (7th Sess.
3-4).
1016. Disposition of Funds Collected. — That when the tax
mentioned in the preceding sections, has been collected, or any
part thereof, the county treasurer shall place the same to the
credit of said school district in a fund separate from all other
funds of said district, and the moneys in such fund shall be-
forthwith paid out by the trustees to the persons and corpora-
tions to whom the same are payable, and until the debt for the
payment of which such moneys were raised have been paid, no-
part of such funds shall be used for any other purpose. If
from failure to collect the entire amount of such tax, or fro-n
any other cause, there shall not be moneys sufficient in said
fund to pay the amount of principal and interest of the sum
borrowed, the trustees shall pay the amount of such deficiency
from the general fund to the credit of said district, and if after
paying all of the debts payable out of such special fund, a bal-
ance shall remain therein such balance shall be transferred to
the general fund of said district. (Act approved February
I9th, 1901, Sec. 3). (7th Sess. 4).
1017. Trustees May Issue Bonds. — If the trustees of any
school district mentioned in this Act shall determine that it
would not be for the best interest of said district to raise in
any one year the moneys mentioned in Section i of this Act
by levying and collecting a tax therefor as in the preceding
sections provided, they shall nevertheless be authorized and
empowered to raise such moneys by issuing and selling the
bonds of said district in an amount sufficient to repay, and to
repay, such moneys with interest thereon at six per cent p^r
annum. If the said trustees shall determine to issue the
bonds of said district for the ourpose aforesaid, they shall
ascertain the amount of said bonds by finding the amount jf
principal and interest of the loans to be repaid at six per cent,
per annum from the date thereof until the time when said
bonds will probably be sold as hereinafter provided. The}r
shall then issue the bonds of such district to the amount s.>
ascertained which bonds shall draw interest at a rate not t:>
OF MONTANA. 169
>ed six per' cent, per annum payable either annually or
semi-annually as the trustees shall determine, and each of
said bonds shall be for the sum of one hundred dollars or
multiples thereof and shall run for such length of time as the
said trustees shall determine, not exceeding a period of ten
years from the date thereof; said bonds shall be in such form
as the board of trustees may direct, and shall bear the signa-
ture of the chairman of the board of trustees, and shall be
signed by the clerk as clerk of said school district, and the
coupons attached to said bonds shall be signed by said chair-
man and said clerk; provided, that lithographic or engraved fac
similes of the signature of the chairman and clerk may be
affixed to coupons only when so recited in the bond, and each
bond so issued shall be registered by the county treasurer in a
book provided for that purpose, which shall show the number
and amount of each bond and the person to whom the same
is issued or sold, and said bonds shall be sold and the pro-
ceeds thereof deposited with the county treasurer in the man-
ner provided by the provisions of Section 1016 (1963), of the
Political Code of this state, and paid out by the trustees to
the persons and corporations to whom the loans for the pay-
ment of which such bonds were issued are payable. (Act
approved February i9th, 1901. Sec. 4). (7th Sess. 4-5).
1018. General Laws Applicable. — All of the powers con-
ferred and duties enjoined upon school trustees and county
commissioners by Sections 1008 (1965), k 1009 (1966), 1010
(1967), ion (1968) and 1012 (1969, of the Political Code of
this state and any amendments thereof for raising money to
pay the interest on, and to provide, and for the care and
management of, a sinking fund for the redemption and pay-
ment of bonds issued by school districts under the provisions
of existing laws are hereby conferred and enjoined upon school
trustees and county commissioners respectively with respect
to all bonds issued under the provisions of this Act as fully and
completely to all intents and purposes as though the above
named sections were incorporated in and made a part of this
Act. (Act approved February I9th, 1901, Sec. 5). (7th Sess.
5).
170 GENERAL SCHOOL LAW
ARTICLE XX.
Vacancies.
Section 1019. Vacancy in school board.
Section 1020. Vacancy. Clerk.
Section 1021. Trustee. How removed.
1019. (Sec. 1980.) Vacancy in School Board. — When any
vacancy occurs jn the office of trustee of any school district by
death, resignation, failure to elect at the proper time, removal
from the district, or other cause, the fact of such vacancy
shall be immediately certified to the county superintendent by
the clerk of the school district, and the county superintendent
shall immediately appoint in writing some competent person,
who shall qualify and serve until the next annual school elec-
tion. The county superintendent shall at the same time notify
the clerk of the school district of every such appointment;
Provided, that absence from the school district for sixty con-
secutive days shall constitute a vacancy in the office of trustee.
(Act approved March n, 1895).
1020. (Sec. 1981.) Vacancy. Clerk. — Should the office of
the clerk of the school district become vacant, the board of
school trustees shall immediately fill such vacancy by appoinr-
rnent, and the chairman of the board shall immediately notify
the county superintendent of such appointment. (Act ap-
proved March n, 1895).
1621. (Sec. 1982.) Trustees. How Removed. — Any school
trustee may be removed from office by a court of competent
jurisdiction, as provided by law for removal of elective civil
officers; Provided, however, that upon charges being preferred
and good cause shown the board of county commissioners
may suspend a trustee until such time as such charges can be
heard in the court having jurisdiction thereof. (Act approved
March u, 1895). .
ARTICLE XXI.
Tree Planting.
Section 1022. Arbor day.
Section 1023. Arbor day exercises.
Section 1024. Same. Superintendent of public instruction.
Section 1022. The second Tuesday of May in each year
shall be known throughout the State of Montana as "Arbor
Day." Approved March 4, 1909.
STATE OF MONTANA. 171
1023. (bee. 1991.) Arbor Day Exercises. — In order that
the children in our public schools shall assist in the work of
adorning the school grounds with trees, and to stimulate the
minds of the children toward the benefit of preservation and
perpetuation of our forests and the growing of timber, it shaU
be the duty of the authorities in every public school district
in the state to assemble the children in their charge on the
above day in the school building or elsewhere, as they may
deem proper, and to provide for and conduct under the gen-
eral supervision of the city superintendent, county superin-
tendent, teacheres and trustees or other school authorities
having the general charge and oversight of the public schools
in each city or district, to have and hold such exercises as
shall tend to encourage the planting, preservation and protec-
tion of trees and shrubs, and an acquaintance with the best
methods to be adopted to accomplish such results. (Act ap-
proved March n, 1895).
1024. (Sec. 1992.) Same. Superintendent of Public In-
struction.— The superintendent of public instruction shall have
power to prescribe from year to year a course of exercises and
instructions in the subject hereinbefore mentioned, which shall
be adopted and observed by the said public school authorities
on Arbor Day. (Act approved March n, 1895).
ARTICLE XXII.
Pioneer Day.
Section 1025. Designation of Pioneer day.
Section 1026. Exercises in public schools.
Section 1027. Pioneer medals.
Section 1028. Copies of -essay to be deposited with librarian of
Historical library.
Section 1029. Course of exercises.
1025. That the first Friday of November of each year shall
be designated and known as Pioneer Day in the State of
Montana.
Act approved February 26, 1909.
1026. Exercises in Public Schools. — That on said Pioneer Day
in the public schools the afternoon thereof shall be devoted to
the study and discussion of pioneers and pioneer history of
the region of country now comprising the State of Mon-
172 GENERAL SCHOOL LAW
tana. (Act approved March 5th, 1903, Sec. 2). (8th Sess.
Chap. 88).
1027. Pioneer Medal. — That the state board of education Is
hereby authorized to annually award its pioneer medal to the
student of the public schools or state institutions who shall on
said day deliver the best essay on such subject of pioneer his-
tory, having regard to historical research and -literary merit.
(Act approved March 5th, 1903, Sec. 3). (8th Sess. Chap.
88).
1028. Copies of Essays to be Deposited with State Historical
Library. — That copies of such essays shall be filed by the said
state board of education with the librarian of the historical and
miscellaneous department of the state library. (Act approved
Feb. 26, 1909).
'1029. Course of Exercises. — That the Superintendent of
Public Instruction shall have power and it shall be his duty
to prescribe from year to year a suitable course of exercises
to be observed in the public schools of the state on Pioneer
Day.
Approved Feby. 25, 1911.
ARTICLE XXIII.
School Libraries.
Section 1030. Library fund.
Section 1031. Same.
Section 1032. Same.
Section 1033. Location and control of libraries.
Section 1034. Rules. Reports.
Section 1035. Selection of books.
1030. Library Fund. — A library fund is hereby created, and
the board of school trustees must expend the library fund,
together with such moneys as -may be added thereto by dona-
tion, in the purchase of books for a school library, including
books for supplementary work, provided, that in school dis-
tricts other than cities, maintaining a free public library and
having a population of two thousand or more such library
fund may, in the discretion of the board of trustees, be used
for the payment of the current expenses for maintenance of
the schools. (Act approved February 14, 1905). (9th Sess.
Chap. 14).
1031. (Sec. 2001.) Same. — Except in cities having a popu-
lation of two thousand or more, the library fund shall con-
STATE OF MONTANA. 173
sist of not less than five nor more than ten per cent of the
county school fund annually apportioned to the district; Pro-
vided, that such ten per cent exceed fifty dollars, fifty dollars
only shall be apportioned to the district. (Act approved March
ii, 1895).
1032. (Sec. 2002.) Same. — In cities having a population
of two thousand or more, the library fund shall consist of a
sum not to exceed fifty dollars for every five hundred children
or fraction thereof of three 'hundred or more, between the ages
of six and twenty-one years, annually taken from the general
school fund of the county apportioned to such district. (Act
approved March n, 1895).
1033. (Sec- 2C*>3-) Location and^ Control of Libraries. —
Libraries shall be under the control of the board of trustees
and must be kept, when 'practicable, in the school houses.
(Act approved March n, 1895).
1034. (Sec. 2004.) Rules, Reports. — The trustees shall be
held accountable for the proper care and preservation of the
library, and shall make all needful rules and regulations not
provided for by the superintendent of public instruction, and
not inconsistent therewith; and they shall report annually
to the county superintendent all library statistics which may
be required by the blanks furnished for the purpose by the
superintendent of public instruction. (Act approved March
II, 1895).
1035. (2005.) Selection of Books. — All books shall be
selected from lists approved by the superintendent of public
instruction. (Act approved March n, 1895).
ARTICLE XXIV.
Miscellaneous.
Section 1036. Gender.
Section 10-37. Fines and penalties.
Section 1038. Insult to teacher.
Section 1039. Disturbance of school.
Section 1040. Printing and binding.
Section 1041. School officers not to act as agents.
Section 1042. Oath of office.
Section 1043. Duty of counity attorney.
Section 1044. Penalties.
1036. (Sec. 2020.) Gender. — Whenever the word "he" or
""his" occurs in this title, referring either to the members of
174 GENERAL SCHOOL LAW
the board of trustees, county superintendent, teachers, or other
school officers, it shall be understood to mean also "she" or
"her." (Act approved March n, 1895).
1037. (Sec. 202 1.) Fines and Penalties. — All fines and pen-
alties, not otherwise provided for in this title, shall be collected
by an action in any court of competent jurisdiction, and shall
be paid into the county school fund immeditely after collection.
(Act approved March n, 1895).
1038. (Sec. 2022.) Insult to Teacher. — Any parent, guar-
dian or other person, who shall insult or abuse a teacher in the
presence of the school, or anywhere on the school grounds or
premises, shall be deemed guilty of a misdemeanor and liable
to a fine of not less than ten dollars nor more than one hun-
dred dollars. (Act approved March n, 1895).
1039. (Sec. 2023.) Disturbance of School. — Any person who
shall wilfully disturb any public school or any public school
meeting, shall be deemed guilty of a misdemeanor, and liable
to a fine of not less than ten dollars nor more than one hun-
dred dollars. (Act approved March n, 1895).
1040. (Sec. 2024.) Printing and Binding. — All printing or
binding required under this title shall be executed in the form
and manner and at a price not exceeding other county printing
and shall be paid in like manner out of the general school fund.
(Act approved March n, 1895.)
1041. (Sec. 2025.) School Officers Not to Act as Agents.—
Neither the superintendent of public instruction, nor any person
in his office, nor any county superintendent, nor school district
officer, nor any officer or teacher connected with any public
school, shall act as agent or solicitor for the sale of any school
books, maps, charts, school library books, school furniture or
apparatus or furnish any assistance to or receive any reward
therefor, from any author, publisher, bookseller or dealer, doing
the same. Every person violating this section shall be deemed
guilty of a misdemeanor and be liable to a fine of not less than
fifty nor more than two hundred dollars for each offense, and
shall be liable to removal from office therefor. (Act approved
March 11, 1895).
1042. (Sec. 2026.) Oath of Office. — Any person elected or
appointed to any office mentioned in this title shall, before en-
tering upon the discharge of the duties thereof, take the oath
of office. In case such officer has a written appointment or
STATE OF MONTANA. 175
commission, his oath shajl be endorsed thereon; otherwise it
may be taken orally; in either case it may be sworn co before
any officer authorized to administer all oaths relative to school
business appertaining to their respective offices, without charge
or fee. (Act approved March n, 1895).
1043. (Sec. 2027.) Duty of County Attorney. — The Bounty
attorney shall be the legal advisor of the county superin-
tendent, and all school trustees, and shall prosecute and defend
all suits to which a district may be a party. (Act approved
March n, 1905).
1044. (Sec. 2028.) Penalties. — Any person who shall violate
any provisions of this title shall be deemed guilty of a misde-
meanor (when not otherwise provided in this title) and upon
conviction thereof shall be fined in a sum not less than twenty
dollars nor more than two hundred dollars, or by imprison-
ment in the county jail not less than five days nor more than
thirty days, or by both such fine and imprisonment. (Act
aproved March n, 1895).
Hilbury v. St. P. R. Co., 23 Mont. 243; 58 Pac. 556.
SENATE B-ILL 2.
All moneys received from the investment of the permanent funds
of state educational institutions and reform school and from leasing
of lands granted thereto shall be deposited monthly with the state
treasurer to the credit of said institutions.
Interest and income fund.
Money to be paid out only on warrant of the state auditor drawn
OB account of support and maintenance of such institutions.
Warrants not to be drawn until claims have been approved by state
board of examiners.
Interest and income fund to be exhausted before any money from
appropriations from the general fund is paid out.
The executive board of each institution shall quarterly prepare
detailed statements and file same with board of examiners.
Contents of quarterly statements.
Statement must be verified by the president of the board and
treasurer of the institution.
The executive boards of such institutions shall biennially at the
end of November of each even numbered year prepare detailed state-
ments.
What statements shall show.
Additional matter which biennial statements shall show.
Biennial reports shall be signed and verified by the president of
the board and treasurer of the institution.
176 GENERAL SCHOOL LAW
Repealing clause.
When Act shall take effect.
An Act to provide for the deposit and disbursement of money
received from the investment of the. permanent funds of the
state educational institutions, and from the leasing of lands
granted by the Federal Government to such institutions, to be
known and designated as the "Interest and Income Funds" of
each of such institutions ; reducing the appropriations from the
general fund ; and providing for reports by said educational in-
stitutions of all moneys received from appropriations made to
them under the laws of the United States.
Be it enacted by the Legislative Assembly of the State of
Montana :
Section I. All moneys received from the investment of the
permanent funds of the University, of Montana, the Agri-
cultural College of Montana, School of Mines of Montana,
State Normal School of Montana, State Reform School of
Montana and Deaf and Dumb School of Montana, and all
moneys received from the leasing of lands granted to sa;d
institutions shall at the close of each calendar month be de-
posited with the state treasurer of Montana for each of
such institutions to the credit of what shall be known and
designated as the "Interest and Income Fund" of each of said
institutions.
Section II. The money received by the state treasurer under
the provisions of Section i of this Act shall be paid out by him
only on warrants issued by the state auditor in payment of
c-aims for expenses actually incurred for the support and main-
tenance of the institution filing the same, and the state auditor
shall not draw warrants on said interest and income funds for
<•
any such claims until after the claim has been duly filed with
and audited and approved by the state board of examiners.
Section III. In the payment of claims presented by any of
the institutions named in Section i of this Act, the interest
and income funds mentioned in said Section I, so far as avail-
able for the payment of the items set out in said- claim, shall be
exhausted before any warrants shall be drawn against the
appropriation made by the state out of the general fund for
the maintenance of the institution filing the claim.
Section IV. That on the first of March, first of June, first
of September, and first of December of each year the execu-
STATE OF MONTANA. 177
tive board of each of the institutions named in Section i of
this Act shall prepare or cause to be prepared a detailed
statement showing all the expenses incurred and all dis-
bursements made by such institution during the preceding
quarter, and the purposes for which the same were made, out
of funds, if any, appropriated by the United States govern-
ment for the maintenance and support of any such institu-
tions. Such reports shall be signed and verified under oath
by the president of the executive board and treasurer of the
institution making the same and shall be filed with the stare
board of examiners.
Section V. The executive board of each of the institutions
named in Section i of this Act shall, at the end of November
of each even numbered year, beginning with November 30,
1910, prepare or cause to be prepared a full detailed
statement, showing all moneys, if any, received by
such institution from the United States government,
and of the moneys received from the investment of
the permanent school funds of the institutions, and of moneys
received from the leasing of lands granted to such institutions
and all money appropriated by the State of Montana out of
the general fund for such institution, and all money received
from tuitions or any other sources whatever during the two
years preceding the 3oth day of November.
Such report shall also show all disbursements 'made out of
the funds received from each of the sources mentioned above
in this Section and the purposes for which each disbursement
was made during such two years. Said reports shall also con-
tain a statement showing the amount of money, if any, that
will be received from the Uhited States government for the
maintenance and support of the institution for the next en-
suing two years, and also an estimate of the amounts of money
that will be received for the maintenance of institution from
the investment of the permanent fund thereof and from the
leasing of lands granted to the institution for the next ensuing
two years. Said reports shall be signed and verified undei
oath by the president of the executive board and treasurer
of the institution and filed with the Governor of the State of
Montana within ten days from and after November 3Oth of each
even numbered year.
178 GENERAL SCHOOL LAW
Section VI. All Acts and parts of Acts in conflict herewith
are hereby repealed.
Section VII. This Act shal be in full force and effect from
and after its passage.
Approved March 8, 1909.
SENATE BILL 100.
Revised Codes of 1907, Section 1171 amended.
Admission of feebled minded persons into school for the deaf,
blind and feeble minded.
Capacity of the person.
Board of trustees may adopt and apply tests to ascertain condi-
tion of person.
Object of tests.
Separate building to be provided for feeble minded.
Feeble minded department shall be under supervision of the board
and superintendent.
Assistant superintendent may be appointed.
Feeble minded pupils may be retained for life.
Establishment of farm colony for feeble minded.
Repealing clause.
An Act to amend Section 1171 of the Revised Codes of
Montana of 1907, relating to the admission, care and retention
of persons and children in the Montana school for the deaf,
blind and feeble minded at Boulder, Montana.
Be it enacted by the Legislative Assembly of the State
of Montana :
Section i. That Section 1171 of the Revised Codes of
Montana of 1907, be and the same is hereby amended so as
to read as follows :
"Section 1171. All feeble minded persons, residents in the
State of Montana and qualified after the general manner pre-
scribed in Section 1168 of this Act, shall be admitted into" this
school ; Provided, that every such person shall be capable, in
the judgment of the trustees, of at least some mental, moral or
physical training, such as falls within the proper function of a
school, as distinct from an asylum. To the end that the
board of trustees may arrive at some definite method of judg-
ing such cases, they are hereby empowered to ascertain and
establish certain tests, which tests shall be thoroughly and
impartially applied to each case before final admission into
the school, and it shall be the object of said tests to ascertain
STATE OP MONTANA. 179
in each case if there be any capacity for mental, moral of
physical training; and provided further, that as soon as possible
in the judgment of the board of trustees, by and with the con-
sent of the state board of education, a separate building anl
premises, adjoining yet distinct from those of the deaf and
blind shall be provided for such feeble minded persons,
which building and premises shall be more especially adapted
to the peculiar needs of said feeble minded class of persons.
The said feeble minded department shall be under the general
control and supervision of 'Said board of trustees and
superintendent; but the trustees, after consultation with the
superintendent and at his request, may appoint an assistant
superintendent, together with especially trained teachers and
attendants, whenever in their judgment said feeble minded
department herein provided for shall seem to need such addi-
tional attention and supervision ; and provided that the said
officers are hereby authorized to retain in the care of said
school for life, such feeble minded pupils as have passed the
age of twenty-one years and are not fit mentally to make their
way or 'become useful members of society. The authorities
of said school are directed to establish a farm colony for the
feeble minded on the ranch belonging to the school. The
adults feeble minded, under skilled supervision shall be re-
quired, by their labor, to contribute as far as possible to their
own support and to the support of the school.
Section II. All Acts and parts of Acts in conflict herewith
are hereby repealed.
Section III. This Act shall be in full force and effect from
and after its passage and approval.
Approved March 10, 1909.
H. B. 129.
An Act authorizing the Governor to appoint an educational
commission for the purpose of amending^ reivsing, and collat-
ing the laws touching upon the public schools of the state,
and for the further purpose of suggesting new legislation for
the welfare of said schools and an appropriation to meet the
expenses of said commission.
Be it Enacted by the Legislative Assembly of the State of
Montana :
Section i. That the Governor be and is hereby authorized
180 GENERAL SCHOOL LAW
and required to appoint an Educational 'Commission of five
competent persons of whom three at least shall be school^ men,
one being the superintendent of public instruction, as com-
missioners to revise, collate, and digest all the Acts and
Statutes relating to or touching the laws of the public schools
of the state.
Section 2. That the duties of said Commissioners, shall be
to collate and reduce into one Act all the Acts and Statutes and
parts of Acts and Statutes relating to or touching the Public
Schools of State, and to arrange the same systematically under
proper titles, divisions and sections ; to omit in such revision
all Acts and parts of Acts that have been repealed or supplied
by subsequent Acts, or which have expired, and to prepare and
submit such bills to the Governor for submission to the Legis-
lature as they shall deem necessary to make the public schools
of the state more comprehensive, efficient and adapted to the
needs of its citizens.
Section 3. That the said Commissioners shall report the
results of their labors to the Governor on or before the first
of December, One Thousand Nine Hundred and Twelve.
Section 4. That said Commission shall meet and organize
within thirty days of their appointment and elect a president
and secretary and as promptly as possible proceed to perform
their duties.
Section 5. The members of said commission provided for
in this Act shall receive their actual traveling expense; and
there is hereby appropriated the sum of One Thousand Dol-
lars, or so much thereof as may be necessary to carry out
the provisions of this Act.
Section 6. All Acts and parts of acts in conflict herewith
are hereby repealed.
Section 7. This Act shall be in full force and effect from
and after its passage and approval.
Approved March 8, 1911.
STATE OF MONTANA. 181
HOUSE BILL 137.
"An Act to Require the Instruction of Pupils in Public,
Private or Parochial Schools in Fire Dangers and Means of
Prevention Thereof."
Be it Enacted by the Legislative Assembly of the State of
Montana :
Section I. That every teacher or instructor in every pub-
lic, private or parochial school consisting of more than ten
pupils, shall devote not less than fifteen minutes in each week
during which school is in session to the instruction of pupils
in fire dangers.
For the purpose of such instruction it shall be the duty of
the Commissioner of Insurance, to prepare a book conven-
iently arranged in chapters, or lessons, such chapters or les-
sons to be in number sufficient to provide a different chapter
or lesson for each week of the maximum school year, one of
such lessons to be read by the teachers in such school each
week; provided, that if it is advisable, and found possible, to
secure such lessons as may have been prepared for this pur-
pose, or in use, in another state, the same may be used in this
state.
The book shall be published at the expense of the state from
the amount appropriated for public printing, under the direc-
tion of the State Superintendent of Public Instruction, and
shall be distributed in quantities sufficient to provide a copy
for each teacher required by the provisions of this Act to give
the instruction herein provided for; the distribution to be
made by the State Superintendent of Public Instruction.
Section 2. Wilful neglect by any principal, or other person,
in charge of any public, private or parochial school, to comply
with the provisions of this Act shall be a misdemeanor, pun-
ishable, each offense, by a fine of not less than Five Dollars
or more than Twenty Dollars.
Section 3. This Act shall be in full force and effect on and
after July i, 1911.
Section 4. All Acts and parts of Acts in conflict herewith
are hereby repealed.
Approved Feby. n, 1911.
182 GENERAL SCHOOL LAW
SUBSTITUTE FOR SENATE BILL 56.
An Act to Promote Industrial Education.
Be it Enacted by the Legislative Assembly of the State
of Montana:
Section i. Elementary manual and industrial training which
shall include industrial art may form a part of the required
course of study in all grades of the public schools of the state
of Montana. The Superintendent of Public Instruction shall
formulate the course of study, or he may approve courses of
study formulated by local school officials, which meet the
requirements of this Section. The clerk of each school dis-
trict in his annual report to the County Superintendent shall
state whether the above provisions have been complied with
within the schools of his district.
Section 2. All school districts having a population of more
than five thousand shall, and districts of less population may,
maintain at least one. manual training school suitably equipped
and designated to furnish manual and industrial instruction to
pupils who are above the fifth grade. Said schols shall fur-
nish instruction in elementary wood, metal and textile work;
in mechanical and industrial drawing; and in communities
where applicable in agriculture, mineralogy, and technical
mining; and for girls above the fifth grade, instruction in
household management, decoration and economics, and *n
needlework. They shall also include instruction in industrial
history and geography; and in the industrial materials, pro-
cesses and products with special reference to the industrial
pursuits of the communities in which they are situated.
The courses to be presented in these schools shall pro-
vide:
First: A general culture, intelligence and skill for these
pupils whose school attendance will end with the elementary or
secondary grades ; and
Second : A progressive development designed to prepare
directly for efficient work in the related technical and scien-
tific courses of the higher institutions of learning.
The courses shall be modified to meet in the largest measure
the needs of each class of pupils.
Nothing in this section shall be understood as forbidding
any school from using other materials than those herein
specified nor as preventing a different assignment of work by
STATE OF MONTANA. 183
grades, provided that all courses shall have the approval of the
State Board of Education.
Teachers of such schools shall have had special preparation
for such instruction and shall be holders of Special Manual
Training Teachers* Certificates, which the Superintendent of
Public Instruction is hereby empowered to grant, when sat-
isfied that the applicant has received a sufficient general educa-
tion and the professional and technical preparation necessary
for such manual and industrial training.
Section 3. In all school districts having a population of over
Ten Thousand, there shall be, and in school districts of less
population, there may be maintained schools of special courses
in .connection with manual training, or city or -county high
schools, designed to furnish a direct vocational training, includ-
ing training in agricultural pursuits, and mining for whi':'i
there shall be a local demand. Classes shall be formed when
not less than twenty applicants desire instruction in any voci-
tion. Pupils who have reached the age of twelve years and
who have completed" not less than the general school work
assigned to the first five grades may be admitted to these
courses upon such terms as the Board of Trustees of the
district may prescribe ; pupils above the age of fourteen,
together with adults may be admitted to evening classes, pro-
viding similar instruction upon such terms of admittance us
the trustees may prescribe, provided that there shall in no
case be any charge for tuition. Teachers of such classes shall
be holders of special certificates issued by the Superintendent
of Public Instruction, specifying the subject or subjects which
the holder is entitled to teach. Applicants for such certifi-
cates must present satisfactory evidence not only of general
educational qualifications, but of special training and practical
experience in the vocations, which they are to teach.
Section 4. The trustees of any district are hereby em-
powered to use moneys from the general school fund of the
district for the maintenance of Manual and Industrial Schools
and courses the same as for other school purposes : Pro-
vided, that the state treasurer shall pay annually from any
funds in his possession not otherwise appropriated $10 to each
district for each person attending such Manual and Industrial
courses for a period of six months or more yearly ; Provided
further, that the State Treasury shall likewise pay annually
184 GENERAL SCHOOL LAW
to any Free County High School which maintains a Manual
Training- Department, from any funds in the State Treasurey
not otherwise appropriated, the sum of Ten Dollars ($10.00)
for each child or student attending the Manual Training
Department in such Free County High School for a period of
six months, or longer, yearly. Buildings and furnishings and
equipment for Manual and Industrial Training shall be pro-
vided in the same manner as now prescribed for the erection
and furnishing of buildings for other school purposes.
Section 5. To secure an efficient administration of this
act the State Board of Education shall determine whether such
Manual and Industrial schools and courses meet the provisions
of the law. Such schools as do not meet the provisions of the
act shall not be entitled to state aid until all defects are rem-
edied. .
Section 6. All Acts and parts of Acts in conflict with this
Act are hereby repealed.
Section 7. This act shall take effect thirty days from 'and
after its passage and approval by the Governor.
Approved March 8th, 1911.
(Note — Section 4 disapproved March 8, 1911).
STATE OF MONTANA. 185
Forms for Use of School Officers.
No. i.
CERTIFICATE OF ELECTION OF TRUSTEE.
To of Greeting :
This is to certify that at a School Meeting of
School District No of County, held at the
School House of said District, , i ,
you were duly elected to fill the office of trustee for the term
of
Section 862 of the Revised Code of 1907 reads as follows:
Trustees elected shall take office immediately after qualify-
ing and shall hold office for the term of three years and until
their successors are elected and qualified, or appointed by the
County Superintendent of Schools and qualified. Every trus-
tee elected shall file his or her oath of office with the County
Superintendent of Schools. Any trustee who shall fail to qual-
ify within fifteen days after being elected shall forfeit all right
to office, and the County Superintendent of Schools shall
appoint to fill the vacancy.
Clerk of School District Meeting.
OATH OF OFFICE.
I do solemnly swear (or affirm) that I will support, protect
and defend the Constitution of the United States, and the Con-
stitution of the State of Montana, and that I will discharge
the duties of my office with fidelity; and that I have not paid
or contributed, or promised to pay or contribute, either directly
or indirectly, any money or other valuable thing to procure my
nomination or election (or appointment) except for necessary
and proper expenses expressly authorized by law ; that I have
not knowingly violated any election law of this State, or pro-
cured it to be done by others in my behalf; that I will not
knowingly receive directly or indirectly any money or other
valuable thing for the performance or non-performance of an
act or duty pertaining to my office other than the compensation
allowed by law. So help me God.
Subscribed and sworn to before me this. . . . day of i . . . .
Note. — This oath must be taken before some one authorized
to administer oaths.
186 GENERAL SCHOOL LAW
No. 2.
CERTIFICATE OF APPOINTMENT OF TRUSTEE.
To of Greeting :
This is to certify that I have this .... day of I . . . . ,
appointed of County, to fill the
officfe of Trustee, until the next annual election of said district.
Section 862 of the Revised Code of 1907 reads as follows ;
Trustees elected shall take office immediately after qualify-
ing and shall hold office for the term of three years and until
their successors are elected and qualified," or appointed by the
County Superintendent of Schools and qualified. Every trus-
tee elected shall file his or her oath of office with the County
Superintendent of Schools. Any trustee who shall fail to
qualify within fifteen days after being elected shall forfeit
all rights to office, and the County Superintendent of Schools
shall appoint to fill the vacancy.
County Superintendent.
Remarks. — This Certificate, with oath of office endorsed
thereon, signed and sworn to before some person competent to
administer oaths, must be sent to the County Superintendent.
OATH OF OFFICE.
I do solemnly swear (or affirm) that I will support, pro-
tect and defend the Constitution of the United States, and the
Constitution of the State of Montana, and that I will discharge
the duties of my office with fidelity; and that I have not paid
or contributed, or promised to pay or contribute, 'either directly
or indirectly, any money or other valuable thing to procure my
nomination or election (or appointment) except for necessary
and. proper expenses expressly authorized by law; that I have
not knowingly violated any election law of this State, or pro-
cured it to be done by others in my behalf; that I will not
knowingly receive directly or indirectly any money or other
valuable thing for the performance or non-performance of any
act or duty pertaining to my office other than the compensa-
tion allowed by law. So help me God.
Subscribed and sworn to before me, this. . . .day of , I
Remarks. — This oath may be taken before any school officer
or other person competent to administer oaths.
STATE OF MONTANA. 187
No. 3.
CERTIFICATE OF APPOINTMENT OF CLERK.
To ................ of ................ Greeting :
This is to certify that at a* .............. School Meeting
of School District No ..... of ................ County, held
.................... , i . . . . , you were duly appointed to fill
the office- of District Clerk to serve during the pleasure of the
Board.
If you accept, please take the oath of office hereto attached,
and return this notice to the Trustees without delay.
Trustees for District No
*State whether "Regular" or "Special" meeting.
Remarks. — This certicate with oath of office endorsed there-
on, signed and sworn to before some person compentent to
administer oaths, must be sent to County Superintendent after
receipt by the Trustees.
OATH OIF OFFICE.
I do solemnly swear (or affirm) that I will support, protect
and defend the Constitution of the United States, and the Con-
stitution of the State of Montana, and that I will discharge the
duties of my office with fidelity; and that I have not paid or
contributed, or promised to pay or contribute, either directly
or indirectly, any money or other valuable thing to procure my
nomination or election (or appointment) except for necessary
and proper expenses expressly authorized by law ; that I have
not knowingly violated any election law of this State, or pro-
cured it to be done by others in my behalf; that I will not
knowingly receive directly or indirectly any money or other
valuable thing for the performance or non-performance of any
act or duty pertaining to my office other than the compensa-
tion allowed by law. So help me God.
Subscribed and sworn to before me this. . . .day of , I
Remarks. — This oath may be taken before any school officer
or other person competent to administer oaths.
188 GENERAL SCHOOL LAW
No. 4.
AGREEMENT BETWEEN SCHOOL TRUSTEES AND
TEACHER.
This agreement, made and entered into this day or
, A. D. i . . . . , between
party of the first part, and the School Trustees of School Dis-
trict No , of County, Montana, parties of the
second part,
Witnesseth, that the said , who holds a
legal certificate as teacher for said county, hereby agrees, for
the consideration hereafter stated, to teach the school in sa;d
district for the period of months, commencing on
the day of , i... ., and
further agrees to enforce the rules and regulations prescribed
by the Superintendent of Public Instruction and the County
Superintendent; to strictly follow the advice of the County
Superintendent given within his or her authority ; -to use only
such text-books as are prescribed by law ; and to keep a school
register and make the returns prescribed by law, and to use
the prescribed course of study.
And the parties of the second part, hereby agree to pay
the said , dollars for each and
every month of twenty school days, in the manner following,
to-wit. By drawing their order upon the County Treasurer of
said County to be paid out of any school moneys in the County
Treasury standing to the credit of said District.
It is mutually understood and agreed that whenever the
school shall be closed by order of the Trustees on account of
the prevalence of contagious or epidemic disease, or from any
cause, the salary of said first party as teacher shall
In witness whereof the said parties have hereunto set their
hands and seals in duplicate at the date hereinbefore men-
tioned.
Teacher.
Trustees of School District No
County.
STATE OF MONTANA. 189
Note. — Fill out the blank at close of contract in accordance
with your agreement on this point. If the teacher is to re-
ceive her salary when school is closed, then add, "be paid the
same as when school is in session," or, if no salary is to be
paid, then add, "cease for such time as the school is closed,"
or such words as shall clearly express your agreement. Each
party should have a copy of the contract.
No. 10.
NOTICE OF ELECTION.
The Annual Meeting.
of School District No ..... , .............. County, Montana,
for the election of ................ Trustee. . will be held on
Saturday, April ........ , i...., at the District School House.
The polls will be open between the hours of . ..... and ......
o'clock ---- m.
.................... ) Trustees.
.................... )
Dated i .
No. ii.
NOTICE OF ELECTIOiN.
A Special Meeting
of School District No ..... , ............. County, Montann,
for the purpose of ........................................
will be held on the .... day of .................. . . . . , i . . . . ,
at the District School House. The polls will be open between
the hours of ...... and ...... o'clock .... m.
.................... ) Trustees.
......... - .......... )
Dated . , i .
INDEX.
INDEX.
Pages.
Provisions of the Enabling Act 5
Constitutional Provisions 8
Statutory Provisions 14
EDUCATION—
Agricultural College of Momtana 46
Agricultural Experiment Station 60
Arbor Day 170
BOARD OF TRUSTEE'S 105
Annual Meeting 106
Attendance of Pupils . * ^ 108
Chairman 107
Clerk 106
Financial Statement 106
Flags Ill
High Schools 110
Interest 114
Loans Ill
Misdemeanor 110
Meetings 106
Outhouses 109
Powers over Property 109
Powers and Duties 107
Rules 107
Surplus Money 115
Term 105
Trustees of New District 106
Trustees How Removed 170
Vacancies ; 170
Bonds 112, 130, 161
CERTIFICATES—
Charges for 144
Grades of 141
Graduate of State Normal 16, 144, 145
Graduate of University of Montana 20
Life Diplomas 16, 19
Revocation of Certificates 16, 20, 144
Special Certificates 143
State Certificates 15, 18, 19
Temporary County Certificates 142
Temporary State Certificates 16
Qualifications of Teachers . 142
INDEX.
Pages.
City Superintendent of Schools 156
Communicable Diseases 125
Compulsory Attendance 145
County Superintendent of Schools 83
County Clerk, Clerk of District Court, Justice of the
Peace, Duties of 135
County Treasurer, Duties of 134
District Clerk 115
Duties 115
Vacancy 170
Educational Commission 179
Election of Trustees 93
EXAMINATIONS 139
Board of 'Educational Examiners 139
Examination Papers 144
Excused from 142
Examinations, Private . . . . . 143
When Held 139
Fire Drills 121
Dangers and Chemistry of Fire 181
High Schools, Free Coumty 126
HOLIDAYS—
January 1 119
February 12 120
February 22 119
May 30 119
July 4 119
First Monday in September 119
Columbus Day , 121
Thanksgiving Day 119
Christmas Day 119
Institutes 136
Industrial Education ^. 182 •
Industrial Schools ".' 151 *
Investment of Permanent Funds 67, 175
Libraries 172
Miscellaneous 173
Pioneer Day 171
SCHOOLS 122
Course of Study 122
Day 123
Kindergarten 123
Sectarian Publications 123
Pupils 124
Year . 123
INDEX.
Pages.
SCHOOL DISTRICTS 88
Apportionment 90
Boundaries 89
District in Two Counties 91
Division of Funds and Property 90
Division of District 92
Employment of Teacher 91
Four Months School 92
Organization 88
Text Books 92
When Created 93
School Funds . ., 157
School for Deaf, Blind and Feeble Minded 22
Admission of Feeble Minded Persons 178
State Board of Education 14, 21
State Normal College 62
State Orphans' Home 22
State Reform School 22
State School of Mines 37
State Text Book Commission 70
Superintendent of Public Instruction , 78
TEACHERS—
Age 119
Dismissal 120
Duties 118
Holidays , 119
Powers 119
Report .- 117
Suspension of certificate 120
Qualification 117
Tranisiportation of Pupils 108
University of Montana 28
University of Montana — Law Department 36
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11