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School Laws

of the

State of Mississippi

W. F. BOND

State Superintendent of Education

1918

MIMMMIMI^^IMM^

SCHOOL LAWS

OF THE

STATE OF MISSISSIPPI

CONTENTS

Biographical Sketches of State Superintendents of Edu-
cation 2-5

State Officers 1916-M9 6-7

State Institutions, Trustees of 7

State Institutions, Presidents of 8

Text Book Commissions 8

Superintendents, County 8-10

Constitution of State— Education— Article 8 11-13

County Schools Data 14-15

Agricultural High Schools 18-25

Consolidated Schools 26-31

Public Schools 32-75

County Superintendents 76-85

State Superintendent 86-89

Teachers I nstitute 90-91

Teachers License : 92-102

Text Books 102-119

Sixteenth Sections .".120-136

Illiteracy Commission 137-138

Holidays 138

Opinions of Attorney General 138-141

Code of Ethics for Mississippi Teachers 142

Index 142

W. F. BOND

State Superintendent of Education
1918

TUCKER PRINTING HOl>6E JACKSON MISS

BIOGRAPHICAL SKETCHES OF STATE
SUPERINTENDENTS OF EDUCATION

Prepared by JAS. W. BROOM,
Assistant State Supt. of Education.

The first State Superintendent of Education was HENRY R.
PEASE. He was born in Connecticut, February 19th, 1835.
After receiving a liberal education he taught for eleven years.
He entered the Union Army as a private and rose to the rank of
Captain. Mr. Pease served as Superintendent of Education in
Louisiana while that State was under military rule, and later was
appointed Superintendent of Education of Freedmen in Mississippi.
He was elected Superintendent of Education on the ticket with
Alcorn in 1869, and upon him devolved the duty of organizing the
system of free schools. His competency was never questioned, but
he failed to satisfy the demands of the colored race for office, and
was set aside. He afterwards served in the United States Senate
for a short time.

The successor of Mr. Pease was THOMAS W. CARDOZA, a negro,
who, at the time of his election in 1873, was under indictment for
malfeasance in office while circuit clerk in Warren County. In
1876, on account of misappropriation of school funds, he was
impeached, but was allowed to resign.

Governor Stone appointed as Cardoza's successor THOMAS S.
GATHRIGHT. Mr. Gathright was educated at Tutwiler, Alabama,
and at the time of his appointment as State Superintendent, was
principal of the Somerville Institute, Gholsen, Noxubee County,
Mississippi. Senator A. J. McLaurin, Dr. A. G. McLaurin, Judge
John Enochs, D. M. Mayers, and many other prominent Missis-
sippians, attended this Institute. Superintendent Gathright was
not a candidate for re-election and immediately following the
expiration of his term of office, accepted the presidency of the
Agricultural and Mechanical College at Bryan, Texas, which
position he held with credit until his death.

The fourth man to hold the office of State Superintendent of
Education was DR. JOSEPH BARD WELL. He was born in Hereford
County, North Carolina, in 1828. When he was only three or four
years old, his father moved to Oktibbeha County, Mississippi.
After attending school at Viney Grove Academy, Lincoln County,
Tennessee, and later at Louisville, Mississippi, he entered the Col-
lege of New Jersey, at Princeton, and was graduated in 1847. Dr.
Bardwell was licensed and ordained to preach at Philadelphia,
Mississippi, in 1853, and at the time he became State Superinten-
dent of Education, he was pastor of the First Presbyterian Church
at Meridian. He was Moderator of the Synod of Mississippi in
1881, became a member of the Faculty of the Southern Presby-

SCHOOL LAWS OF MISSISSIPPI 3

terian University in 1888, and in 1892, president of Florence Female
College, at Florence, Alabama. After a career of singular useful-
ness, Dr. Bardwell died at Starkville, Mississippi, Sept. 22nd, 1893.

In January, 1878, GENERAL JAMES ARGYLE SMITH became
State Superintendent of Education. General Smith was a native
of Tennessee, and was appointed to the United States Military
Academy from Mississippi in 1849. After his graduation from
the Academy, he was on duty with the United States Army in the
West until 1861, when he resigned to accept a commission as Cap-
tain in the Confederate Army. He was a gallant soldier and won
rapid promotion. When General Cleburne was killed at Franklin,
Tennessee, Smith succeeded to the command of his division. After
the war he returned to Mississippi and engaged in farming until
elected Superintendent of Education for the State.

JAMES R. PRESTON was born in Virginia, January 22nd, 1853.
He was educated at Georgetown University and at Emory and
Henry College, Virginia, and after teaching one year each in
Tennessee and Indiana, moved to Mississippi in 1875. He taught
in Noxubee County, at Okolona, and at Water Valley. He waa
elected Superintendent in 1885, and served until 1896. His
administration of office was distinguished by many reforms in
method and by a general increase in interest in educational work —
among other things he introduced uniform written examinations
for teachers, and also secured the passage of laws requiring County
Superintendents to inspect schools and arrange and manage
institutes for teachers. Upon retiring to private life, Mr. Preston
studied at Edinburgh, Scotland, and later was President of Stanton
College, Natchez, Mississippi, and Belhaven College, Jackson,
Mississippi. He now owns and operates a splendid stock farm
near Natchez.

.ANDREW A. KINCANNON was born in Noxubee County and
attended school in Lee County. From Verona High School he
went to the State University. Later, he went to Lebanon, Ohio,
to the Normal University. He served as a member of the A. & M.
College Faculty, and was later Superintendent of City Schools at
Meridian. He was elected State Superintendent in 1895. Under
his direction the State Board of Examiners was created. He
became President of I. I. & C. in 1898, in which position he
remained until 1907, when he was elected to and accepted the
Chancellorship of the University of Mississippi. Mr. Kincannon
is at present Superintendent of City Schools, Memphis, Tennessee.

Governor McLaurin appointed as Mr. Kincannon's successor
HENRY L. WHITFIELD. Mr. Whitfield was born near Brandon,
Mississippi, January 20th, 1868. He attended Fannin High
School, Rankin County, under Dr. L. T. Fitzhugh, and later
Mississippi College, from which institution he was graduated in

^52271

4 SCHOOL LAWS OF MISSISSIPPI

1894. He was Principal of School at Westville, and at Steen's
Creek. He became State Superintendent of Education in 1898,
was elected in 1899, and re-elected in 1903. In 1907 Mr. Whitfield
was elected President of 1. 1. & C., which position he still holds.

JOSEPH NEELY POWERS was born March 15th, 1869, at Hava-
na, Hall County, Alabama. His father was a pioneer Methodist
preacher, and was Chaplain in the Condeferate Army. Mr.
Powers attended County School at Bladen, Alabama, and also
Livingston Academy and Tuskegee Military University. He
began his collegiate course at Southern University, and later
studied at University of Chicago, receiving the M. A. degree. He
was Superintendent of City Schools at West Point, Mississippi,
when Governor Vardaman appointed him State Superintendent
of Education, and later elected by the people. Mr. Powers was
elected Chancellor of the State University in 1914, which position
he now occupies.

WILLIAM H. SMITH, "Corn Club" Smith, was born near
Vernon, Lamar County, Alabama, in 1866. He obtained his
early education in Lamar County, Alabama, and in Clay County,
Mississippi. He received his high school training at Cairo, Missis-
sippi, under W. A. Belk. Later, he entered the luka Normal
Institute and was graduated in 1889. Mr. Smith taught at
Ackerman, Eupora, and Durant, and served as County Superin-
tendent in Holmes County, from 1906 to 1910, and was the origin-
ator of Boys' Corn Club Work in Mississippi. In 1910 he became
State Rural School Supervisor. He was appointed State Super-
intendent of Education in September, 1914, was elected in 1915,
and was made President of A. & M. College in 1916. This position
he now holds.

W. F. BOND, the present incumbent of the office of State
Superintendent of Education, is a native of Mississippi, having
been born in the rural districts of Harrison County, February 22nd,
1876. He was appointed to the State Superintendency by Gov-
ernor T. G. Bilbo September 15th, 1916. After acquiring a com-
mon school education, and after teaching in the rural public
schools for a period of five years, he matriculated in Peabody
College, Nashville, Tennessee, where after a course of study
extending through four years he was graduated with the degree of
Bachelor of Arts. On completing his college course, he returned
to his native State, and served as teacher in various capacities,
conspicuous positions held by him being the principalship of the
High School at Wiggins, Mississippi, and the Chair of History and
Latin in the Mississippi Normal College. The latter place he
filled most acceptably for four years, and it was from this position
that he was elevated to the State Superintendency of Public Educa-
tion. With little or no resources at his command and against

SCHOOL LAWS OF MISSISSIPPI 5

adverse circumstances of formidable character, he has by dint of
unremitting endeavor and will power, forged his way from an
obscure beginning to a position of importance and leadership.
During his two years' tenure of this office, he has shown an unusual
grasp of the State educational system; and by better organization
and administrative methods, he hopes to make the common schools
more effective and to bring them to a larger service of the people.
His ambition is to have a first rate public school in every commu-
nity and to carry high school advantages to all the boys and girls
of the commonwealth. As State Superintendent of Education, he is
ex officio a member of the Board of Trustees of all the State Col-
leges, whereon he serves with ability and strives in every laudable
way to promote higher education in the State and thus to round out
a continuous and harmonious system of public education.

Mr. Bond was married in 1905 to Miss Susie Graham, of
Epley, Mississippi, who was a pupil of his at the time, and from
this union have sprung four happy and interesting children.

STATE OFFICERS 1916-1919

THEO. G. BILBO, Governor Jackson

LEE M. RUSSELL, Lieutenant Governor „ Oxford

Jos. W. POWER, Secretary of State Jackson

Ross A. COLLINS, Attorney General Jackson

DR. J. P. TAYLOR, Treasurer Jackson

ROBT. E. WILSON, Auditor Jackson

W. F. BOND, Superintendent of Education,..- Jackson

T. M. HENRY, Insurance Commissioner. Jackson

GEO. C. MYERS, Supreme Court Clerk. Jackson

M. A. BROWN, Land Commissioner. Jackson

STOKES V. ROBERTSON, Revenue Agent Jackson

P. P. GARNER, Commissioner of Agriculture Jackson

GEO. R. EDWARDS, R. R. Commissioner, 1st District McCool

F. M. SHEPPARD, R. R. Commissioner, 2nd District Richton

W. B. WILSON, R. R. Commissioner, 3rd District Corinth

W. A. MONTGOMERY, Prison Trustee, 1st District Edwards

J. F. THAMES, Prison Trustee, 2nd District Mendenhall

L. Q. STONE, Prison Trustee, 3rd District Tupelo

E. F. ANDERSON, Bank Examiner, 1st District Clinton

J. S. LOVE, Bank Examiner, 2nd District..^ Hattiesburg

S. S. HARRIS, Bank Examiner, 3rd District Tupelo

E. C. SCALES, Adjutant General Jackson

DUNBAR ROWLAND, Archives and History Jackson

MRS. W. F. MARSHALL, State Librarian Jackson

X. A. KRAMER, Highway Engineer Jackson

E. N. LOWE, State Geologist : Jackson

SUPREME COURT JUDGES.

JUDGE SIDNEY SMITH....._ „ Jackson

JUDGE J. B. HOLDEN Jackson

JUDGE E. O. SYKES Jackson

JUDGE S. C. COOK..._ Jackson

JUDGE J. MORGAN STEVENS Jackson

JUDGE GEORGE H. ETHRIDGE Jackson

STATE DEPARTMENT OF EDUCATION.

W. F. BOND Superintendent

J. W. BROOM Assistant Superintendent

J. T. CALHOUN : Rural School Supervisor

BURA HILBUN Supervisor of Negro Schools

F. J. HUBBARD Director of Secondary Agricultural Education

S. J. GREER Assistant Director of Agricultural Education

Miss MAUD ALLEN. Secretary

Miss PATTI M. BATSON r Secretary

Miss DOROTHY Q. MALTBY. Secretary

SCHOOL LAWS OF MISSISSIPPI 7

STATE BOARD FOR VOCATIONAL EDUCATION.

W. F. BOND, Superintendent Executive Officer

J. W. BROOM Assistant Superintendent

DR. D. C. HULL .Superintendent of Meridian City Schools

J. T. CALHOUN Rural School Supervisor

BURA HILBUN Supervisor of Negro Schools

MRS. BESSIE S. LASH Secretary

STATE BOARD OF EDUCATION.

Jos. W. POWER j Secretary of State

Ross A. COLLINS Attorney General

W. F. BOND State Superintendent of Education

STATE BOARD OF EXAMINERS.

G. W. HUDDLESTON, President.

0. A. SHAW, B. T. SCHUMPERT,

MRS. SUSIE BOND, Secretary.

TRUSTEES OF

UNIVERSITY OF MISSISSIPPI, INDUSTRIAL INSTITUTE

AND COLLEGE, AGRICULTURAL AND MECHANICAL

COLLEGE, AND THE ALCORN AGRICULTURAL AND

MECHANICAL COLLEGE.

GOVERNOR THEO. G. BILBO, President Jackson

W. F. BOND Jackson

O. F. LAWRENCE Grenada

E. L. BRIEN Vicksburg

R. P. LINFIELD Gulfport

LEE M. RUSSELL Oxford

BEE KING Mendenhall

W. C. TROTTER Winona

J. S. HOWERTON : Guntown

J. R. TIPTON (University only) Hernando

TRUSTEES STATE NORMAL COLLEGE.

GOVERNOR THEO. G. BILBO President

W. F. BOND Jackson

W. E. STOKES Macon

T. C. KIMBROUGH West Point

E. E. FRANTZ ."_ Jackson

J. W. FOOTE Hattiesburg

J. F. BURROW Ruleville

FRED SMITH Ripley

Jos. E. NORWOOD Magnolia

L. P. BROWN, SR Meridian

8 SCHOOL LAWS OF MISSISSIPPI

PRESIDENTS OF STATE INSTITUTIONS.

J. N. POWERS, Oxford University of Mississippi

W. H. SMITH, Agricultural College

Agricultural & Mechanical College

H. L. WHITFIELD, Columbus Industrial Institute & College

JOE COOK, Hattiesburg State Normal College

L. J. ROWAN, Alcorn Alcorn Agricultural & Mechanical College

MISSISSIPPI TEXT BOOK COMMISSION.

SUPERINTENDENT W. F. BOND, ex officio Jackson, Mississippi

T. M. SYKES, Secretary Meridian, Mississippi

H. B. HEIDELBERG Clarksdale, Mississippi

R. H. WATKINS Laurel, Mississippi

W. V. FRIERSON _ Columbus, Mississippi

J. G. BRIDGES Meadville, Mississippi

L. H. JOBE Ripley, Mississippi

B. L. COULTER =. Ackerman, Mississippi

MONROE BALL Florence, Mississippi

MISSISSIPPI AGRICULTURAL HIGH SCHOOL
BOOK COMMISSION.

SUPERINTENDENT W. F. BOND, ex officio Jackson, Mississippi

F. J. HUBBARD, Secretary Jackson, Mississippi

M. E. MOREHEAD Courtland, Mississippi

A. G. GAINEY Senatobia, Mississippi

J. A. HUFF Poplarville, Mississippi

COUNTY SUPERINTENDENTS
COUNTY. SUPERINTENDENT. ADDRESS.

Adams M. C. Montgomery. Natchez

Amite. J. N. Steele Liberty

Alcorn .'...W. A. McCord Corinth

Attala. __ W. A. Hull Kosciusko

Benton. W. T. Renick Ashland

Bolivar... G. H. Armstrong Cleveland

Calhoun....._ J. O. Rich Pittsboro

Carroll D. D. Fullilove Vaiden

Chickasaw. George D. Riley „ Houston

Choctaw J. F. Bridges Ackerman

Claiborne. S. J. Russell ..Willows

Clarke G. B. Parker Quitman

Clay. E. H. Walker West Point

Coahoma._.._ J. M. Brooks Clarksdale

Copiah A. A. McAlpin Hazlehurst

SCHOOL LAWS OF MISSISSIPPI 9

COUNTY SUPERINTENDENT ADDRESS

Covington..... Alex. Newton Collins

DeSoto R. E. L. Morgan Hernando

Forrest...._ E. J. Carrie ...Hattiesburg

Franklin...- W. L. Foreman Meadville

George. W. A. Avera Lucedale

Greene.__ Newton James Leakesville

Grenada. — M. McKibben Grenada

Hancock John Craft Bay St. Louis

Harrison W. H. Wood Gulfport

Hinds..— F. M. Coleman Jackson

Holmes.. J. M. Kimbrough Lexington

Humphreys. T. D. Rice Belzpni

Issaquena George Robinson Mayersville

Itawamba. J. A. Senter Fulton

Jackson. A. L. Flurry Pascagoula

Jasper. C. E. Watkins Bay Springs

Jefferson L. L. Posey Fayette

Jefferson Davis. W. W. Lee Prentiss

Jones C. W. Jenkins Laurel

Kemper- D. W. Jackson DeKalb

Lafayette. C. A. McLarty Oxford

Lamar A. Q. Broadus Purvis

Lauderdale T. C. Lockard Meridian

Lawrence. W. L. McGahey Monticello

Leake.™ C. M. Langford Carthage

Lee.- .....T. M. Milam Tupelo

Leflore.— J. R. Hughes Greenwood

Lincoln _ Barney Grice Brookhaven

Lowndes E.A.Stanley Columbus

Madison G. R. Bennett Canton

Marion. E. I. Watts Columbia

Marshall J. P. Horton Holly Springs

Monroe W. A. Addington. Aberdeen

Montgomery. Guy C. Burton Winona

Neshoba. _ I.E. Peebles Philadelphia

Newton. M. C. Scarborough Decatur

Noxubee J. G. Chandler Macon

Oktibbeha.- C. E. Scroggins Starkville

Panola. C. B. Young Sardis

Perry ; W. F. Backstrom New Augusta

Pike H. W. Kenna Magnolia

Pearl River.— Leopold Locke Poplarville

Pontotoc. J. R. Spencer Pontotoc

Prentiss G. D. Chambers Booneville

Quitman F. M. Bizzell Marks

Rankin. 1 H. H. Bullock Brandon

Scott _ O. D. Loper ... ...Forest

10 SCHOOL LAWS OP MISSISSIPPI

COUNTY SUPERINTENDENT ADDRESS

Sharkey. J. N. Hall Rolling Fork

Simpson J. R. Williamson Mendenhall

Smith.- Allen Caughman Raleigh

Sunflower W. P. Sanders, Jr _...Indianola

Stone. C. H. Bass Wiggins

Tallahatchie R. H. Harrison Charleston

Tate. J. T. Cathey Senatobia

Tippah J. E. Pearce Ripley

Tishomingo N. L. Phillips luka

Tunica L. C. Canon Tunica

Union. '. T. O. Randall New Albany

WalthalL- C. L. Brumfield Tylertown

Warren.- J. H. Culkin Vicksburg

Washington. B. L. Hatch Greenville

Wayne. J. M. Wilkins Waynesboro

Webster. A. C.Webb Walthall

Wilkinson J. C. Day Woodville

Winston.. Neal Prisock Louisville

Yalobusha.- J. R. Hodnett Water Valley

Yazoo. Hugh Bull Yazoo City

CONSTITUTION OF MISSISSIPPI

ARTICLE VII.
Education.

Section 201. It shall be the duty of the legislature to en-
courage, by all suitable means, the promotion of intellectual,
scientific, moral and agricultural improvement, by establish-
ing a uniform system of free public schools, by taxation, or
otherwise, for all children between the ages of five and twenty-
one years, and, as soon as practical, to establish schools of
higher grade.

Sec. 202. There shall be a superintendent of public educa-
tion elected at the same time and in the same manner as the
governor, who shall have the qualifications required of the
secretary of state, and hold his office for four years and until
his successor shall be elected and qualified, who shall have
the general supervision of the common schools, and of the
educational interests of the state, and who shall perform such
other duties and receive such compensation as shall be pre-
scribed by law.

Sec. 203. There shall be a board of education, consisting of
the secretary of state, the attorney-general, and the superin-
tendent of public education, for the management and invest-
ment of the school funds, according to law, and for the per-
formance of such other duties as may be prescribed. The
superintendent and one other of said board shall constitute
a quorum.

Sec. 204. There shall be a superintendent of public educa-
tion in each county, who shall be appointed by the board of
education by and with the advice and consent of the senate,
whose term of office shall be four years, and whose qualifica-
tions, compensation and duties shall be prescribed by law;
provided, that the legislature shall have power to make the
office of county superintendent of the several counties elective,
or may otherwise provide for the discharge of the duties of
county superintendent, or abolish said office.

Sec. 205. A public school shall be maintained in each school
district in the county at least four months during each scholas-
tic year. A school district neglecting to maintain its school
four months, shall be entitled to only such part of the free
school fund as may be required to pay the teacher for the time
actually taught.

12 CONSTITUTION OF MISSISSIPPI

Sec. 206. There shall be a county common school fund,
which shall consist of the poll-tax, to be retained in the county
where the same is collected, and a state common school fund,
to be taken from the general fund in the state treasury, which
together shall be sufficient to maintain the common schools for
the term of four months in each scholastic year. But any
county or separate school district may levy an additional tax
to maintain its schools for a longer time than the term of
four months. The state common school fund shall be dis-
tributed among the several counties and separate school dis-
tricts in proportion to the number of educable children in each,
to be determined from data collected through the office of
the State Superintendent of Education in the manner to be
prescribed by law.

Sec. 207. Separate schools shall be maintained for children
of the white and colored races.

Sec. 208. No religious or other sect, or sects, shall ever
control any part of the school or other educational funds of
this state ; nor shall any funds be appropriated toward the
support of any sectarian school; or to any school that at the
time of receiving such appropriation is not conducted as a
free school.

Sec. 209. It shall be the duty of the legislature to provide
by law for the support of institutions for the education of
the deaf, dumb, and blind.

Sec. 210. No public officer of this state, or of any district,
county, city or town thereof, nor any teacher or trustee of any
public school, shall be interested in the sale, proceeds or profits
of any books, apparatus or furniture to be used, in any public
school in this state. Penalties shall be provided by law for
the violation of this section.

Sec. 211. The legislature shall enact such laws as may be
necessary to ascertain the true condition of the title to the
sixteenth sections of land in this state, or land granted in lieu
thereof, in the Choctaw purchase, and shall provide that the
sixteenth section lands reserved for the support of township
shools shall not be sold, nor shall they be leased for a longer
term than ten years for a gross sum; but the legislature may
provide for the lease of any of said lands for term not ex-
ceeding twenty-five years for a ground rental, payable an-
nually, and in case of uncleared lands, may lease them for
such short term as may be deemed proper in consideration of
the improvement thereof, with right thereafter to lease for a
term or to hold on payment of ground rent.

Sec. 212. The rate of interest on the fund known as the
Chickasaw school fund, and other trust funds for educational

CONSTITUTION OF MISSISSIPPI 13

purposes, for which the state is responsible, shall be fixed and
remain as long as said funds are held by the state at six per
centum per annum from and after the close of the fiscal year
A. D. 1891, and the distribution of said interest shall be made
semi-annually on the first of May and November of each year.
Sec. 213. The state having received and appropriated the
land donated to it, for the support of agricultural and me-
chanical colleges, by the United States, and having, in further-
ance of the beneficent design of Congress in granting said
land, established the agricultural and mechanical college of
Mississippi, and the Alcorn agricultural and mechanical col-
lege, it is the duty of the state to sacredly carry out the con-
ditions of the act of Congress upon the subject, approved
July 2, A. D. 1862, and the legislature shall preserve intact
the endowments to, and support, said colleges.

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SCHOOL LAWS OF
MISSISSIPPI

1918

18 AGRICULTURAL HIGH SCHOOLS

AGRICULTURAL HIGH SCHOOLS.

CHAPTER 122.

LAWS 1910.
Sec. 3419 Hemingway's Code.

County school board to establish county agricultural high
schools. — 1. The county school board in each county in the
state is hereby authorized and empowered to establish not
more than two agricultural high schools in the county, and
determine their location, one for white youths exclusively and
the other for colored youths exclusively, in which instruction
shall be given in high school branches, theoretical and practi-
cal agriculture, domestic science, and in such other branches
as the board may hereafter provide for, may make a part of
the curriculum, subject to review and correction by the State
Board of Education.

If only one school be established at first, the school board
shall have power at any subsequent time to establish an addi-
tional school whenever the necessity for the same shall arise.

CHAPTER 196.

LAWS 1916.
Sec. 3420, Hemingway's Code.

Tax levy — When election not necessary — When necessary.

— The board of supervisors of any county where an agricul-
tural high school shall have been established by the school
board, shall levy on the taxable property in the county at the
time the annual tax levy is made for the support and main-
tenance of said school. In case there be two agricultural
high schools in any county, the board shall levy a separate
tax for the support of each school, and the taxes, when col-
lected, shall only be used for the support and maintenance of
the particular school for which the tax is levied; provided,
that the tax levy for agricultural high school purposes for
any one year shall not exceed two mills for each school estab-
lished; and, provided further, that within twenty days after
a levy has been made twenty per cent, of the qualified electors
of said county may file with the clerk of the board of super-
visors a petition asking that the tax for the support of either
one or both, agricultural high schools be not levied, then the
question shall be submitted to an election of the qualified
electors of the county within thirty days after the next meet-
ing of the board of supervisors after the filing of the petition,

AGRICULTURAL HIGH SCHOOLS 19

at which election said electors may vote against the tax levied
for the support of either one or both schools, and should a
majority of the votes cast be against the tax levied for the
support of either one or both schools, then the levy of the
board for the support of that school or of both schools, as the
case may be, shall be null and void, and the tax collector shall
refuse to collect such tax so voted against; but should a ma-
jority of the votes be for the tax levied in support of either
or both schools, then the tax collector shall proceed to collect
the tax so authorized as all other taxes are collected, receiving
the lawful commission for such collections. The tax collected
shall be deposited with the county treasurer, to be paid out
by him on the order of the board of trustees for the high
school or high schools. When a majority of the votes be for
the tax levied in support of either or both schools, or if the
school be established and the tax levied without an election,
then another election shall not be held for the purpose of
voting against the tax levied within a period of four years
from the date of said election, and in no case shall the tax
levy for an agricultural high school, which maintains an
average boarding patronage of thirty-five pupils, be sub-
mitted to an election.

Amends Laws 1914, ch. 191, which amended Laws 1910, ch. 122, § 2.

CHAPTER 186.

LAWS 1914.
Sec. 3421 Hemingway's Code.

Trustees, appointment. — 3. The government and control of
county agricultural high schools in any county shall be vested
in a board of five trustees, one from each supervisor's district,
two of whom shall be elected by the board of supervisors,
two by the county school board and the county superintendent
of education shall constitute the fifth member; two of the
number first elected shall serve for a term of two years, and
their successors shall serve for a term of three years, and two
shall serve for a term of four years; all regular terms shall
be for a term of four years. The trustees shall have control
of the property, elect and fix salaries of all teachers in the
agricultural department of the school and shall have full
power to do all things necessary to the successful operation
of said school. And that each member of the board of trus-
tees, county superintendent excepted, receive their actual ex-
penses while on duty, provided said expenses do not exceed
three dollars ($3.00) per day, to be paid out of the county
agricultural high school funds, on receipt of an itemized state-
ment issued to county superintendent. When a common school

20 AGRICULTURAL HIGH SCHOOLS

is taught in connection with an agricultural high school the
election of teachers for the common school department shall
be made by the common school trustees in the same manner
as are required of other common school trustees.

Amends Laws 1910, €h. 122, § 3.

CHAPTER 122.

LAWS 1910.
Sec. 3422 Hemingway's Code.

Joint school established in adjacent counties. — 4. In case
the school boards of two adjacent counties shall so decide, the
two adjacent counties may unite in establishing an agricul-
tural high school or two schools, one for each race. The
school boards of the two counties shall meet in joint session
to determine the location of the school, or schools, and if no
place can be agreed upon by a majority of the joint board for
either school, the two highest places shall be certified by the
board to the State Board of Education, who shall select one
of them as the site for the school.

Chap. 122, Laws 1910. Sec. 3423 Hemingway's Code.

Joint school governed by eleven trustees — Terms of trustees
— Each county to levy special tax. — The government of the
school shall be vested in eleven trustees, five to be selected by
each county in the same manner designated in section 3
(§ 3421, this Code) Chapter 186, Laws 1914 of this act, and the
eleventh to be chosen by the ten so selected; in case no one
receives a majority of all the votes of the ten members, the
eleventh man shall be selected by lot from the two highest in
the voting. The terms of the five trustees from each county
shall be as provided in section 3 (§ 3421, this Code), Chapter
186, Laws 1914), and the eleventh member shall serve for four
years. In levying the taxes provided for in (§ 3420, this
Code), Chapter 196, Laws 1916, each county shall act inde-
pendently, but if one county joining another in establishing a
school shall decline to levy the tax, the other county may nev-
ertheless do so, in which event, the joint plan shall thereby be
abandoned, and the county levying the tax may proceed inde-
pendently as though the joint plan had never been begun. In
case two counties join in establishing a joint school, and each
county levies a special tax provided for in (§ 3420, this
Code), Chapter 196, Laws 1916, the tax collector of each
county shall collect the tax in his county and pay the same
to the county treasurer of his county. In paying the expenses
of either school the trustees shall draw on the funds of each
county provided for that school equitably as near as may be in

AGRICULTURAL HIGH SCHOOLS 21

proportion to the amount of tax collected for that school by
each county ; or if no tax is levied shall draw on any fund in
the treasury of the respective counties provided by law for
the support of that school in proportion to the number of
educable children attending said school from each county. The
board of trustees of a school established by the joint action of
two counties shall have all the power and discharge all the
duties appertaining to boards of trustees of schools where only
one county is interested.

CHAPTER 193.

LAWS 1916.
Sec. 3424 Hemingway's Code.

State superintendent to visit high schools and make report
— State board of education to make requisition on auditor of
public accounts for amount due schools. — 1. When the state
superintendent of education shall have received from the
county superintendent of education of any county a
statement showing that an agricultural high school has
been located by the county school board; that the land,
as herein provided, has been acquired, necessary levy made
by the board of supervisors, as heretofore provided for in this
act, and suitable buildings have been erected, including a
boarding department, where not less than forty students may
have dormitory and dining-room facilities, then the state sup-
erintendent shall visit such school, and after a thorough in-
spection thereof shall make a full and complete report of said
inspection to the state board of education. Should it appear
to the state board of education that it would be to the interest
of the state, the board shall draw an order on the auditor in
favor of the county treasurer for the sum of fifteen hundred
dollars ($1,500.00) for the use of the trustees of the high
school or schools, and the auditor shall issue his warrant an-
nually on the treasurer for this • amount, but not more than
fifteen hundred dollars ($1,500.00) shall be paid to any one
county in one year for agricultural high school purposes,
except in case of a joint school, when the amount shall not
exceed three thousand dollars to joint counties except as
hereinafter provided.

Chap. 193, Laws 1916. Sec. 3425 Hemingway's Code.

Amends Laws 1910, ch. 122, § 5, and Laws 1912, ch. 254.

Amount drawn by schools. — When the number of boarding
students shall exceed thirty pupils, then the school shall res
ceive two thousand dollars ($2,000.00) per year, and if the

22 AGRICULTURAL HIGH SCHOOLS

number of boarding pupils shall exceed forty, then the school
draw two thousand five hundred dollars ($2,500.00) annually.

In case a school or schools shall be established by two
counties, acting jointly, the sum of three thousand dollars
($3,000.00) shall be paid to the trustees of the school or
schools, and this sum shall be equally divided and one-half
distributed to the treasurer of each county.

Provided, further, in case of a joint agricultural high school
established by two counties acting jointly, that when the num-
ber of boarding students shall exceed sixty pupils, then such
school shall receive three thousand five hundred dollars
($3,500.00), and if the number of boarding pupils of such
school shall exceed eighty, then such school shall receive four
thousand dollars ($4,000.00) annually.

Provided, that no aid shall be given an agricultural high
school until the state board of education has approved the
plans for the building and the course of study for the same.
The appropriation from the state treasury shall be made an-
nually, but the state aid may be withdrawn at any time, when
the state board of education finds that a school is not being
legally conducted for the purposes for which this act was es-
tablished.

Amends Laws 1910, ch. 122, § 5.

CHAPTER 122.

LAWS 1910.
Sec. 3426, Hemingway's Code.

Detailed statement made to board of supervisors of receipts
and disbursements. — 6. The board of trustees of the schools
provided for in this act shall make detailed statements of re-
ceipts and disbursements to the board of supervisors and
county superintendent of education annually on the first Mon-
day of July, and the county superintendent of education shall
transmit to the state superintendent of education a copy of
said detailed statement which shall be embodied in his bi-
ennial report to the legislature.

Chap. 122, Laws 1910. Sec. 3427 Hemingway's Code.

Trustees sole judges of eligibility of applicants.— 7. The
board of trustees of each county shall be the judges of the
eligibility of all applicants for admission to any agricultural
high school in their respective counties and shall not permit
any applicant to become a student therein when in the opinion

AGRICULTURAL HIGH SCHOOLS 23

of said trustees the moral and mental characteristics of the
applicant are such as would prove detrimental to the good
morals of the institution.
Chap. 122, Laws 1910. Sec. 3428 Hemingway's Code.

Legislature to make appropriations. — 8. It shall be the duty
of the legislature to make appropriations to meet the con-
ditions of this act.

CHAPTER 11.
LAWS 1911.
Sec. 3429 Hemingway's Code.

Municipalities to issue bonds for the purpose of procuring
the establishment of, and aiding, and maintaining agricultural
high schools. — 1. That the municipalities of Mississippi be and
they are hereby authorized and empowered to issue municipal
bonds to aid in procuring the establishment, location and
maintenance of agricultural high schools, which have been or
may hereafter be established, under chapter 122 of the Laws
of 1910, entitled, "An act to provide for the establishment of
county agricultural high schools, and to provide for the equip-
ment and maintenance of same." Said bonds shall be issued
in accordance with sections 3416, 3419 and 3420 of the Code
of 1906, and acts amendatory thereto, which bonds shall not
be included in computing any limit which is now placed by
law on the amount of bonds to be issued by a municipality.
Should there be a protest against said bonds sufficient to re-
quire an election, a majority of the votes cast in such election
shall determine the result; if a majority of those voting in an
election held for that purpose shall cast their vote for the said
bond issue, then the bonds shall be issued. The proceeds of
the sale of said bonds shall be used for the purchase of land,
or erecting buildings, or in any way to aid in the establish-
ment and maintenance of county agricultural high schools.

CHAPTER 136.

LAWS 1910.
Sec. 3430 Hemingway's Code.

Establishing location of schools. — 1. The county school
board, in counties where an agricultural high school has been
established under and by virtue of chapter 102, Laws of 1908,
shall, in locating the agricultural high school or schools, pro-
vided for in Senate Bill No. 4, passed at the 1910 session of
the legislature, locate whichever school may first be established
in the county at the place where the school so established
under chapter 102, 'Laws of 1908, is located; provided that all

24 AGRICULTURAL HIGH SCHOOLS

the conditions under which such school was located have been
or shall be fully complied with. And the trustees of such
school established under said Senate Bill No. 4 shall succeed
to all the property and effects belonging to or appertaining
to the school established under said chapter 102, Laws of
1908, for the purpose of conducting an agricultural high
school as provided in said Senate Bill No. 4.

Laws 1908, ch. 102, was declared unconstitutional, as it provides for
a school for whites only. McFarland v. Goins, 96 Miss. 67, 50 So. 493.

CHAPTER 126.

LAWS 1910.
Sec. 3431 Hemingway's Code.

Funds of county agricultural high school to be paid out on
order of board of trustees. — 2. All funds derived from taxes
collected under the provisions of chapter 102, Laws of 1908,
now in the hands, or hereafter coming into the hands of the
county treasurer, may be paid out by the treasurer on the
order of the trustees of the agricultural high school or schools
of the county hereafter established, and expend the same as
if collected under the provisions of Senate Bill No. 4, passed
at the 1910 session of the legislature in relation to such high
schools.

CHAPTER 150.

LAWS 1912.
Sec. 3432 Hemingway's Code.

Authorizing cpunty supervisors to issue bonds for agricul-
tural high schools. — 1. The board of supervisors of any county
which has resolved and determined to accept the terms of the
law relative to the locating and establishing of agricultural
high schools, may issue bonds upon the property of said
county to aid in the building, equipment, and in any other
way the establishment of agricultural high schools to an
amount, which added to all its bonded indebtedness, shall
not exceed ten per centum on the assessed value of the taxable
property of the county appearing on the assessment rolls of
the preceding year, and which shall mature not later than
twenty-five years from the date of their issuance, and bearing
interest at a rate not exceeding six per centum per annum,
payable annually, and such bonds shall be payable after five
years, at the option of the county. Said bonds shall be litho-
graphed or engraved and printed in two or more colors to
prevent counterfeiting, and shall be in sums not less than one
hundred dollars nor more than two thousand dollars each and

AGRICULTURAL HIGH SCHOOLS 25

shall be registered as they are issued, be numbered in regular
series from one upward, be signed by the president of the
board of supervisors and countersigned by the clerk, who
shall impress the seal upon each bond as it is issued, and
every such bond shall specify on its face the purpose for which
it was issued and the total amount authorized to be issued,
and each shall be made payable to bearer, and the bonds so
issued shall not be sold for less than their face value. The
board shall levy, annually, a special tax to be used exclusively
in paying the interest on such bonds and in providing a sink-
ing fund for their redemption. When a sufficient sum of
said sinking fund shall have accumulated the board of super-
visors may loan such accumulation at a rate of interest not
less than six per cent, and on such terms and for such time
not longer than the date fixed for the maturity of said bonds,
such loan to be secured upon improved real estate at one-half
of its assessed value, and upon abstract of such real estate as
provided for the loan of funds arising from the sale or lease
of sixteenth section lands. Provided, further, that within
three weeks after notice by publication has been made of the
intention to issue bonds ten per cent, of the adult taxpayers
of the county, exclusive of those who pay poll tax only, shall
petition against the issuance of said bonds, then the question
shall be submitted to the qualified electors of the county
within twenty days after the next meeting of the board of
supervisors, after filing of the petition, and should a majority
of the male taxpayers voting in such election vote against the
bond issue the bonds shall not be issued and the order shall
be null and void.

Chap. 150, Laws 1912. Sec. 3433 Hemingway's Code.

Proceeds of bonds, how used. — 2. That the proceeds of the
sale of such bonds shall be used only for the establishment,
equipment, erection of buildings, purchasing lands, live stock,
or other necessary improvements and shall be disbursed by
the board of trustees of the agricultural high schools and an
itemized statement of all funds and disbursements shall be
made to the board of supervisors.

26 CONSOLIDATED SCHOOLS

CONSOLIDATED SCHOOLS.

CHAPTER 124.

LAWS 1910.
Sec. 3999 Hemingway's Code.

Funds where more than four schools are to be consolidated.

— 2. Should more than four schools be consolidated into one
school, the salary of two teachers of the consolidated schools
may be expended in the transportation of pupils to said school
as above provided.

CHAPTER 180.

LAWS 1916.
Sec. 4000 Hemingway's Code.

To provide transportation for pupils of consolidated school
districts — 1. Where two or more schools are consolidated into
one school by the county school board, the board of public
school trustees for said consolidated school, together with the
county superintendent, are authorized and empowered to pro-
vide means for the transportation of pupils living two miles
or more from the consolidated school to and from the school-
house in the district, under such rules and regulations as may
be prescribed by the state board of education; provided, that
a consolidated school using a transportation wagon or wagons
or levying a tax for school purposes which have been or may
at any future time be formed can not have any of its territory
released by the county school board, except on a petition of
a majority of the qualified electors of said school district.

Amends Laws 1912, ch. 255, which amended Laws 1910, ch. 124.
Amends Laws 1914, ch. 196, which amended Laws 1912, ch. 255, § 3.
As to constitutionality of this section see Bufkin v. Mitchell, 106
Miss. 253, 63 So. 458, construing a similar act. Laws 1912, ch. 255.

Chap. 180, Laws 1916. Sec. 4001 Hemingway's Code.

Expense paid out of school fund on sworn itemized accounts
— Duty of trustees and county superintendent. — 2. The expense
necessary to carry this act into effect and provide for the
transportation of the pupils, as provided in Section 1 of this
act, shall be paid out of the school fund of the county. At
the end of each scholastic month the person or persons em-
ployed to transport the pupils shall file with the county sup-
erintendent an itemized statement of his services, properly
sworn to by him and approved by at least two of the trustees
and certified to by him; and upon filing of such account with

CONSOLIDATED SCHOOLS 27

him the; county superintendent shall issue to such person ft
pay certificate, and such account shall be filed and preserved
in his office. If the trustees, without good cause, refuse to
approve said itemized account, such person may appeal to the
county superintendent, who shall issue his pay certificate
without the approval of the trustees, in case he decides, after
full investigation, in favor of the person who transports the
pupils. Upon the presentation of the pay certificate for ser-
vices rendered, as herein set out, duly attested by the county
superintendent, the clerk of the board • of supervisors shall
issue a warrant in the manner as directed for the issuance of
teachers warrants in Section 4566 of the Mississippi code of
1906. The oath required to said account may be made before
the county superintendent.

Chap. 180, Laws 1916. Sec. 4002 Hemingway's Code.

Tax levied for school purposes, manner of changing levy,
assessment, collection of tax, bond issue. — 3. On petition of a
majority of the qualified electors of a consolidated school dis-
trict containing not less than twenty-five square miles, and
on approval of the county school board, the board of super-
visors shall, in the same manner as provided for separate
school districts, annually levy a tax on the property of said
district sufficient to pay for fuel, transportation wagons and
other incidental expenses, erect and repair school buildings
and teachers homes for the district, and shall levy a tax suf-
ficient to maintain the school of said district after the expira-
tion of the county public school term, or to supplement during
the county public school term; provided, a free public school
shall be maintained therein at least seven months in each
scholastic year; and when the* amount of the required tax shall
be once fixed, it shall remain the same for each successive
year or as long as the district is maintained, unless changed
by a petition of the majority of the qualified electors of the
district. And the board of supervisors may issue bonds for such
consolidated districts, in the manner provided in the chapter
on municipalities, to erect, repair and equip school buildings
and teachers homes for said district; provided, the bonds is-
sued for other purposes on the property of said school district
shall not be included in calculating the limit on the amount
to be issued for the purposes herein provided, but only such
bonds as may be issued for said district as a separate taxing
unit, shall be counted in calculating the limit of the amount.
The tax assessor shall make a separate assessment of the
property of such district and the county tax collector shall
collect the taxes required each year of such districts, as other
taxes are collected, and deposit the same with the county
treasurer to the credit of the district for which it was levied.

28 CONSOLIDATED SCHOOLS

Such funds shall be disbursed on pay certificates issued by
the county superintendent, on the order of the trustees of the
district. The expense of transporting the pupils shall be borne
by the district after the expiration of the county public school
term.

Code 1906.

Acts 1912, ch. 255, § 3, provides that the tax for consolidated school
districts shall be levied in the same manner as provided for separate
school districts, while Laws 1910, ch. 217, provides for the levy of taxes
for separate school districts in such a manner that it can not be
doubted that the intention of the legislature was that the taxes should
be levied and collected regardless of the date upon which the district
was created. Illinois &c. R. Co. v. Middleton, 109 Miss. 199, 68 So. 146.

Under Code 1906, § 307, and under §§ 4255, 4257, a railroad's prop-
erty, situated in two school districts of a county, was taxable for school
purposes, although such school districts were created after the first
day of February of the year in which the tax was levied, since the
property was "subject to state taxes for the time being." Illinois &c.
R. Co. v. Middleton, 109 Miss. 199, 68 So. 146.

Laws 1912, ch. 255, § 3, providing for the levying of a tax for the
transportation of pupils and other expenses on a petition of a majority
of the qualified electors of a consolidated school district containing
not less than twenty-five square miles, does not require that such dis-
trict shall contain twenty-five full sections of land in order that the
specified tax may be levied, if it contains the required area. Purvis v.
Robinson, 110 Miss. 64, 69 So. 673.

Chap. 180, Laws 1916. Sec. 4003 Hemingway's Code.

Privileges of consolidated schools. — 4. Such consolidated
district may make its school a graded school and have all the
privileges granted to separate school districts under section
4535 of the Mississippi code of 1906. •

CHAPTER 194.

LAWS 1916.
Sec. 4004 Hemingway's Code.

Consolidated school districts— Elections affecting, where to
be held. — 1. That in any case where it becomes necessary to
hold an election affecting any question to be submitted to the
qualified electors in any consolidated school district in this
state, as now provided by the laws of the state forming such
consolidated school districts, that such elections shall be held
at the schoolhouse of said district, or, if there is no school-
house, the election shall be held at a convenient place de-
signated by the trustees of the school. And that the com-
missioners holding such election shall have the power and
authority to use the poll-books of such county containing the
names of the registered electors who may reside in said school
district.

Amends Laws 1914, ch. 184.

CONSOLIDATED SCHOOLS 29

CHAPTER 182.

LAWS 1914.
Sec. 4005 Hemingway's Code.

Validating bonds issued under Laws 1912, chapter 255. — 1.

In all cases where any bonds have been issued or are proposed
to be issued, or may be hereafter issued by any school district
or consolidated school district in any county in the state
operating under House Bill No. 81, chapter No. 255, of the acts
of the legislature of 1912, where all the preliminary conditions
required by law have been complied with in all respects, and
where there may be a question or doubt in respect to the suf-
ficiency of the title to said statute, under which the bonds
are issued and which provide for their issuance, said bonds
shall be held and treated in all respects the same as if the
title to said statute had been ample and sufficient; and the
defect or irregularity arising out of the doubt in regard to
the title of said statute, is hereby in all respects cured and
ratified and the bonds are to be held valued for all purposes
whatever; and it is further provided expressly that such de-
fects or irregularities or such supposed defects or irregulari-
ties are hereby cured as fully and effectually and the condi-
tion of the issuance of said bond is hereby as effectually dis-
pensed as if the full and proper statutory authority had ex-
isted in the first instance for the issuance of said bonds.

CHAPTER 224.

LAWS 1914.
Sec. 4006 Hemingway's Code.

School bonds— To validate issues under Acts 1912.— 1. All

bonds that have heretofore been issued or that may be issued
or that are proposed to be issued by any consolidated school
district under the act of February 9, 1912, chapter 255 of the
Acts of 1912, are hereby validated in all respects so far as the
supposed insufficiency of the title to said act is concerned,
and also in respect to any irregularity in or want of con-
formity to law which could have been dispensed with by an
act of the legislature enacted in advance of the issuance Of,
or proposed issuance of said bonds, provided that said bonds
issued, or to be issued, shall have been, or shall be issued in
substantial conformity to the provisions of said act of Feb-
ruary 9, 1912. The purpose of this act is to ratify and vali-
date by this act as a curative statute any and all irregularities
in the issuance of said bond already issued under said act that
can be cured by curative act, and that could have been dis-
pensed with in advance by an act of the legislature, and to
validate all bonds proposed to be issued that have been or
that may be issued in substantial conformity with the pro-
visions of said act of February 9, 1912.

30 CONSOLIDATED SCHOOLS

CHAPTER 234.
LAWS 1918.

AN ACT to authorize any county in the state to sel lany property here-
tofore used for school purposes, and to appropriate the proceeds
thereof to the maintenance and support of the consolidated schools
in the districts where the property is situated, or to convey said
property to the said consolidated schools.

Counties may sell certain school property for use of consolidated
schools.

SECTION 1. Be it enacted ~by the Legislature of the State of
Mississippi, That any county in this state owning lands or houses
which have been used for school purposes, and in which consoli-
dated school districts have been organized embracing the lands or
houses heretofore so used, or where consolidated school districts
amy hereafter be organized, is hereby fully authorized and em-
powered upon petition of a majority of the qualified electors re-
siding in the territory which comprised the former school district,
acting through its board of supervisors, to sell and convey any or
all of said property upon such terms as the board of supervisors
may determine to be to the best interest of the county, and to ap-
propriate the proceeds of said sales to the support and mainten-
ance of the consolidated school which has been or which may be
established in the district where said lands or houses may be situ-
ated, or to convey said property directly to said consolidated
schools for the support and maintenance thereof, the provisions
of this act shall operate to validate all sales heretofore made.

Sec. 2. This act shall take effect from and after its passage.
Approved March 20, 1918.

CHAPTER 250.
LAWS 1918.

AN ACT to validate all consolidated school district or separate school
district bonds, notes, certificates of indebtedness and other obliga-
tions.

Consolidated school obligations validated.

SECTION 1. Be it enacted by the Legislature of the State of
Mississippi, That all bonds, notes, certificates of indebtedness and
other obligations, which have been issued or ordered issued, by
any and all consolidated school districts or separate school dis-
tricts, under and by authority of any general, special, local or
private act of the legislature be, and they are hereby in all things
made valid and legal, and are binding obligations on the consoli-
dated school district or separate school districts issuing the same,
or ordering the same to be issued, regardless of defects, errors,
omissions, or informalities in their issuance or orders of issuance,
or in the organization of such school districts, or the failure of
such consolidated school districts or separate school districts to

CONSOLIDATED SCHOOLS 31

comply with any law or part of law providing for their issuance,
or in the creation or organization of such district.

Act applies to all outstanding obligations.

Sec. 2. That this act shall apply to all such bonds, notes, cer-
tificates of indebtedness, or other such obligations already issued
and outstanding, or ordered to be issued, and such obligations,
bonds, notes and certificates of indebtedness are hereby made in
all things valid and legal, provided, it shall not apply to bonds
over which there is now a judicial contest and upon which no
money has been paid.

Sec. 3. That this act shall take effect and be in force from and
after its passage.

Approved March 20, 1918.

CHAPTER 254.

LAWS 1918.

AN ACT authorizing the payment of teachers who have taught public
schools heretofore located in territory afterwards established as a
consolidated school district, where because of a failure to erect a
school building or for other causes the consolidated school has not
been taught.

Consolidated schools — regular schools may be taught pending
opening of.

SECTION 1. Be it enacted by the Legislature of the State of
Mississippi, That where public schools heretofore established have
been formed into a consolidated school district, and because of a
failure to erect the consolidated school building, or for other rea-
sons, the consolidated school is not taught, then the county super-
intendent of education is hereby authorized and empowered to
have the school taught as heretofore and so continue until said
consolidated school is opened and in operation.
Pay of teachers in such cases.

Sec. 2. That in like manner the superintendent of education
and proper authorities of the county are hereby authorized and
empowered to pay teachers who have heretofore or are teaching
in such public schools.

Sec. 3. That this act take effect and be in force from and after
its passage.

Approved March 13, 1918.

32 PUBLIC SCHOOLS

^

PUBLIC SCHOOLS.

CODE 1906.

Sec. 7320 Hemingway's Code.

4485. Uniform system of. — There shall be maintained a
uniform system of free public schools for all children between
the ages of five and twenty-one years.

State Board of Education.

8«c. 7321 Hemingway's Code.

4486. Board of education — Its meetings. — The board of
education created by the constitution shall hold its sessions
at the seat, of government. It may appoint the time of meet-
ing, and a called meeting of the board may be held at any time
upon the call of a member thereof.

Sec. 7322 Hemingway's Code.

4487. Board of education — To decide appeals. — The board
of education shall decide all appeals from the decisions of
county superintendents, or from the decisions of the state
superintendent; but all matters relating to appeals shall be
presented in writing, and the board's decision shall be final.

Code 1906, §§ 4487, 4503, do not exempt the school authorities, acting
beyond the scope of their powers and in violation of law, from inter-
ference by the courts, and equity has jurisdiction to enjoin the trustees
and the teacher of a school district from enforcing an invalid rule.
Hobbs v. Germany, 94 Miss. 469, 49 So. 515

Sec. 7S23 Hemingway's Code.

4488. Board of education— To remove them in certain
cases. — For continued neglect of duty for drunkenness, in-
competency or official misconduct, the board of education
may remove a county superintendent; but before removal the
officer shall have ten days notice of the charge, and be al-
lowed opportunity to make defense. The members of the
board are authorized to administer oaths, and to take or cause
depositions to be taken, and have the powers of a court to
compel witnesses to attend and testify in all matters of in-
vestigation by the board.

CHAPTER 142.

LAWS 1918.

Secton 1. Be it enacted by the Legislature of the State of
Mississippi, That section 4489 of the code of 1906, be, and the
same is hereby amended so as to read as follows:

The same; to audit claims. — The board of education
shall audit all claims against the common school fund, and

PUBLIC SCHOOLS 33

allow so much as may be justly due, not to exceed the amount
allowed by law. The board of education shall have authority,
and it shall be their duty, to hear and pass upon all appeals
by trustees of public schools from the decision of county
superintendents of education, as to the amount of money that
shall be allowed for the payment of teachers' salaries and
other expenses allowed by law to any county public school,
not a separate school district from the funds received by the
county from the county common school fund from the state
common school fund and from county levies for the public
schools. All appeals shall be in writing, and the board's de-
cision shall be final.

Sec. 2. That the county superintendent of education shall,
not later than the second Monday of September of each year,
notify in writing the trustees of the various schools of his
county, as to the amount of school funds each and any school
will be allowed from the county common school fund, from
the money received from the state distribution of school funds,
and from funds arising from county levies, provided, that the
written request be made of the county superintendent of edu-
cation for such information by any board of public school
trustees outside of separate school districts at least ten days
before the second Monday of September.

Sec. 3. That this act take effect and be in force from and
after its passage.

CODE 1906.

Sec. 7325 Hemingway's Code.

4490. Board of education— To fix expenses of state super-
intendent's office.— The board of education shall determine
the necessary contingent expenses of the superintendent's of-
fice, including stationery, postage, printing, furniture, and
other things necessary, and shall examine the accounts there-
for and certify the same for payment.

Sec. 7326 Hemingway's Code.

4491. Board of education — Administration — Course of
study — Arbor day. — The board of education shall regulate all
matters arising in the practical administration of the school
system which are not otherwise provided for; and it may
adopt a course of study to be pursued in the schools and may
designate a day to be observed as arbor day, which shall be
devoted to the planting of trees and otherwise improving the
school grounds.

34 PUBLIC SCHOOLS

CHAPTER 123.

LAWS 1910.
Sec. 7327 Hemingway's Code.

Board of education to have placards showing effects of
alcohol on human system and for prevention of tuberculosis
hung on walls of school rooms. — 1. The state board of educa-
tion shall procure placards, to be hung on the walls of public
school-rooms, setting forth the effects of alcohol on the human
system and means for the prevention and cure of tuberculosis.

County School Board.

CODE 1906.

Sec. 7330 Hemingway's Code.

4510. School boards — How appointed. — There shall be
a county school board, consisting of one member from each
supervisor's district, to be appointed for a term of four years,
by the superintendent, within ninety days after his term of
office begins, the appointments to be subject to ratification
by the board of supervisors. A majority of the members shall
be a quorum for the transaction of business. For neglect of
duty, the superintendent may remove a member of the school
board ; and he shall fill all vacancies occurring from any cause.

Under Code 1906, § 4530, interpreted in connection with §§ 4510, 4533
and 4534, each county has a right to act for itself in the creation of a
separate district of unincorporated territory, and a separate school
district of unincorporated territory can not be created unless it is
wholly within one county, except that territory in different counties
adjoining a municipality which is a separate school district may be in-
cluded in such district. Jones County v. Grisson, 97 Miss. 193, 52
So. 629.

Sec. 7331 Hemingway's Code.

4511. School boards — How to qualify — Compensation.

—Members of the county school board shall qualify by sub-
scribing to the oath of office before the superintendent, and
shall receive as compensation for their services three dollars
for each day's actual service, to be paid as teachers' salaries
are paid; but they shall not be paid for more than five days
in any one year.

Sec. 7332 Hemingway's Code.

4512. School boards— Ex officio president— Boundaries of
school districts. — The county superintendent shall be presi-
dent of the school board, and shall convene it annually, prior
to the first day of August, to define the boundaries of the
school districts of the county outside of the separate school
districts, or to make alterations therein, and to designate the
location of the school-house in each district, if not already
located.

PUBLIC SCHOOLS 35

Code 1906, § 4512, relative to meetings of the county school board to
define boundaries of school districts, did not prevent holding more
than one such meeting in the same year. Purvis v. Robinson, 110 Miss.
64, 69 So. 673.

Sec. 7333 Hemingway's Code.

4513. School boards — Certain institutions of learning con-
sidered.— In districts containing not more than one chartered
institution of learning the board shall locate the public school,
if it be so desired by the authorities of the chartered institu-
tion, with the consent of the trustees of the chartered insti-
tution, at the site thereof ; and the public school shall be con-
ducted in accordance with the rules and regulations of the
chartered institution of learning, and the local trustees of
public schools, and the trustees of the chartered school shall,
in joint session, elect teachers for the public school.

CHAPTER 184.

LAWS 1916.
Sec. 7334 Hemingway's Code.

4514. School boards — Separate districts for the races — De-
scriptions of districts — Interstate line schools. — Separate dis-
tricts shall be made for the schools of the white and the
colored races, and the districts for each race shall embrace
the whole territory of the county outside the separate school
districts. A regular school district shall not contain less than
forty-five educable children of the race for which the district
is established, except where too great distance or impassable
obstructions would debar children from school privileges, in
such cases the school board may, in its discretion, establish a
regular district containing not less than fifteen educable chil-
dren. In places where swamps, large streams, or other bodies
of water or marsh, not crossed by foot bridges, render it im-
practicable to establish regular districts as above provided,
the school board may establish special districts for such chil-
dren as live in the forks or bends of streams or other bodies
of water, or who are prevented from attending school by other
impassable obstructions; provided that a special district shall
not be established for less than ten educable children, but
such special district may contain less than nine square miles
of territory, and the whole number of such special districts
in a county shall not exceed one-fifth of the number of regu-
lar districts. Adjacent parts of counties may by the county
school board be embraced in a line school district, the super-
intendent previously consenting thereto, and reporting to the
board of the territory to be so included. Trustees of such
districts may reside in either county. The teacher may be
licensed in either county, but the superintendent must pre-

36 PUBLIC SCHOOLS

viously agree upon the amount of salary to be paid and each
must contract with the teacher for the proportionate, part of
the salary, and shall require teachers monthly to report to
him to show the statistics of the whole school and also separ-
ately of his county. In defining boundaries of school dis-
tricts the school board shall pay due regard to the larger
water courses of the county, using part of them as boundary
lines whenever practicable. In counties not laid off into town-
ships the metes and bounds of the school districts shall be
defined by streams by lines of farms or otherwise.

"In localities where the state line between Mississippi and
adjoning states divides the school community the school board
may establish an interstate line school in the same manner
that county line schools are established, trustees of such
schools may reside in either state, but the new trustee shall
be so elected as to give each state the majority of trustees
alternately. Teachers may be licensed in either state and the
amount of salary to be paid by each superintendent shall be
adjusted as in county line schools, due consideration being
given to any difference in the relative amount of school fund
available in the counties in which the interstate line school is
located. The text-books used shall be as equally divided be-
tween the adopted books of the two states as possible, the
teacher and trustees of the school making the apportionment
and reporting the same to the superintendent for approval/'

Sec. 7335 Hemingway's Code.

4515. School boards— Districts so made that all children can
attend. — The districts shall be so arranged as to place all
children within reasonable distance of a school-house ; and one
public school shall be maintained in each district; but when
less than five children attend school in a district, the school
shall be discontinued by the superintendent at the end of any
scholastic month.

Sec. 7336 Hemingway's Code.

4516. Attendance out of proper distance. — Children resid-
ing in one district may attend school in another, with the
consent, in writing, of the trustees of both districts and of the
county superintendent; but pupils shall not be allowed to at-
tend more than one term during a scholastic year.

Public School Trustees*

Sec. 7338 Hemingway's Code.

4518. Trustees — Qualifications — How elected. — There shall
be three trustees for each of said school districts, each to be
chosen for a term of three years, but so chosen that one will

PUBLIC SCHOOLS 37

be selected every year. They shall be persons of good charac-
ter, patrons of the school, and able to real and write. The
trustees shall be elected by the patrons of the school, except
in separate school districts.

CHAPTER 187.

LAWS 1914.
Sec. 7339 Hemingway's Code.

4519. Trustees — When and how elected and certified. — On

the first Saturday in May of each year, the patrons of each
district not constituting a separate school district shall meet
at the school-house at two o'clock p. m., organize and elect a
chairman and secretary, and elect by ballot, one trustee for
three years. At every such meeting the holding over trustees
shall have prepared and present a list of names and patrons
entitled to vote for trustees. The chairman and secretary shall
forthwith certify the result of the election to the county super-
intendent, and cause the certificate thereof to be delivered to
him on or before the following Saturday. If, from any cause,
a vacancy occurs in the office of trustee, outside of a separate
school district, the county superintendent shall fill the same
by appointment, unless the patrons thereof shall fill the same
by an election within ten days after such vacancy occurs.

Code 1892.

Though the majority of the trustees of a school are among those
permitted by the board of trustees to erect a boarding-house on the
school property, with an agreement that it shall remain their property,
the agreement as to its remaining the builders' property is not void as
an abuse of trust, the boarding-house being essential to the successful
conduct of the school and being built for that reason and not t6 enable
them to make a profit out of their trust. Decell v. McRee, 83 Miss.
423, 35 So. 940.

CODE 1906.

Sec. 7340 Hemingway's Coda.

4520. Trustees — Vacancy— How filled.— If from a failure
to qualify, or from other cause, there be a vacancy in the of-
fice of trustee, outside of a separate school district, the county
superintendent shall fill the same by appointment, in writing;
and the trustee so appointed shall hold office until the end of
the vacant term, and until his successor be elected.

Chap. 187, Laws 1914. * Sec. 7341 Hemingway's Code.

4521. Trustees — Quorum — Executive officer — Removals. —

Two of the trustees constitute a quorum to transact business.
Upon organization, the trustees shall select a secretary, whose
duty it shall be to preside at all meetings, to make reports,

38 PUBLIC SCHOOLS

and to perform all other duties required by law. If a trustee
refuse to discharge the duties of the office or refuse to patron-
ize the school, the office shall become vacant, and the county
superintendent shall appoint another person to be trustee.

Code 1892.

While this section providing that existing trustees of certain sep-
arate school districts should remain in office according to the terms of
their appointment did not supersede Laws 1888, ch. 148, appointing
and conferrnig extraordinary powers upon the trustees of the Hazle-
hurst public school, yet such act was and is violative of Const.
1869, art. 8, § 1 (Const. 1890, § 201), requiring a uniform system of
public schools. Ellis v. Greaves, 82 Miss. 36, 34 So. 81.

A deed conveying land to the trustees of a township for school pur-
poses and for no other use is not forfeited by a nonuser for two and
one-half years, even if the deed be assumed to be upon a condition
subsequent. Buck v. Macon, 85 Miss. 580, 37 So. 460.

Chap. 187, Laws 1914. Sec. 7342 Hemingway's Code.

4522. Trustees to select teacher. — 2. The trustees shall meet
annually ,on or before the fifteenth day of July to select a
teacher, if the school be opened during the winter term, and
they shall at once notify the county superintendent of their
selection if the trustees fail so to report, or if the teacher fail
to obtain a license, the superintendent shall appoint a licensed
teacher and have the school taught during the winter term.

Code 1892.

The election of a school trustee, though subsequent to the date fixed
by law, imparts color and right to the office and a contract with a
teacher made through his participation in the proceedings of the board,
of which he was a de facto member, is valid, and the county superin-
tendent of education can be compelled by mandamus to give the same
official recognition. Whitman v. Owen, 76 Miss. 783, 25 So. 669.

In mandamus by a teacher to enforce her rights under such a con-
tract it is competent to show that the trustee had been recognized as
such by the county superintendent land others. Whitman v. Owen, 76
Miss. 783, 25 So. 669.

Code 1906.

A false report of a public school, purporting to be signed by one who
had neither been elected by the trustees nor appointed nor contracted
with by the superintendent as a teacher of the school, did not author-
ize the superintendent to issue a pay warrant thereon, and hence,
though false in fact, and though the superintendent issued a certificate
for the payment of salary thereon, could not be the subject of forgery.
Moore v. State, 107 Miss. 181, 65 So. 126.

Sec! 7343 Hemingway's Code.

4523. Trustees — To examine enumeration. — The trustees
shall scrutinize carefully the enumeration of educable children
who attend the school made by the teacher, see that the ch^
dren of the district and none others are included in the list,

"PUBLIC SCHOOLS 39

and certify the same over their official signatures placed in
the teacher's register at the end of the list; and the enumera-
tion thus reported and certified shall guide the superintendent
in determining the salary of the teacher for the ensuing year.

Sec. 7344 Hemingway's Code.

4524. Trustees — Other duties. — The trustees may suspend
or expel a pupil for misconduct, and shall look after the in-
terests of their schools, visit the same at least once during
each month by one or more of their number, see that fuel is
provided, protect the school property and care for the same
during vacation, and arbitrate difficulties or disputes between
teachers and pupils; but either party feeling aggrieved by
their decision, may appeal to the county superintendent, and
from him to the state board of education. And the trustees
may make provision for the comfort and welfare of the pupils ;
but the same shall not involve an expenditure of money not
already appropriated for the purpose by the proper authori-
ties.

CHAPTER 185.

LAWS 1916.
Sec. 7345 Hemingway's Code.

4525. Trustees of separate school districts. — 1. The powers

and duties of separate school districts are as follows:

"(a) To prescribe and enforce rules, not inconsistent with
law or those prescribed by the state board of education, for
their own government and government of schools, and to
transact their business at regular or special meetings called
for such purpose, notice of which shall be given each member.

" (b) To manage and control the school property within
their district, and to employ janitors.

"(c) To enforce in schools the course of study and the use
of text-books prescribed and adopted by the proper authority.

"(d) To appoint librarians therefor, and enforce the rules
prescribed for the government of school libraries.

"(e) To exclude from school and school libraries all books,
or papers, of a sectarian, partisan, denominational or immoral
character.

" (f) To suspend and expel pupils for misconduct.

" (g) To visit every school in their district at least once in
each month, and examine carefully into its management, con-
dition and wants.

"(h) To maintain all the schools under their control for an
equal length of time during the year.

40 PUBLIC SCHOOLS

" (i) To furnish blackboards and other necessary furniture
for the use of the schools.

"(j) To elect a superintendent, if one be required, and a
principal for each of the schools, and prescribe their powers
and duties.

"(k) To elect teachers, fix salaries, terms of service, con-
tract with them and impose fines and penalties for neglect of
duty, but they can not contract with a principal or teacher
who does not hold a license from the county superintendent.

"(1) To require the principal of each school to keep the
records thereof in such manner as to show, by age, race and
sex, the educable children who attend the school, the enrol-
ment and the average attendance, and at the end of the term
to make complete term report to the trustees, showing the
above statistics and such others as may be required of the
county superintendent for his annual report to the state board
of education. The secretary of the trustees shall, within ten
days after the close of the term, transmit their report to the
county superintendent ; and it shall be. unlawful for the super-
intendent to issue pay certificates for the last month's attend-
ance of county pupils until said report is filed with him.

" (m) To determine annually the amount of money required
for the support of the puolic schools and for carrying into
effect all the provisions of the law in reference thereto; and
in the pursuance of this provision the trustees shall, on or
before the fifteenth of July of each year submit in writing to
the mayor and board of aldermen a careful estimate of the
whole amount of money to be received from the state and
county and the amount required from the municipality for
the above purpose.

11 (n) That the board of trustees shall also have authority,
and it shall be their duty to suspend or dismiss pupils, when
the best interest of the schools make it necessary.''

Code 1892.

The election of a school trustee, though subsequent to the date fixed
by law, imparts color and right to the office and a contract with a
teacher made through his participation in the proceedings of the
board, of which he was a de facto member, is valid, and the county
superintendent of education can be compelled by mandamus to give
the same official recognition. Whitman v. Owen, 76 Miss. 783, 25
So. 669.

In mandamus by a teacher to enforce her rights under such a con-
tract, it is competent to show that the trustee had been recognized as
such by the county superintendent and others. Whitman v. Owen, 76
Miss. 783, 25 So. 669.

PUBLIC SCHOOLS 41

Code 1906.

Code 1906, §§ 4525, 4623, do not authorize the adoption of a rule
requiring all pupils of the school to remain in their homes and study
between designated hours in the evening. Hobbs v. Germany, 94 Miss.
469, 49 So. 515.

CHAPTER 186.

LAWS 1916.
Sec. 7346 Hemingway's Code.

Transportation of public school children into a separate
district. — 8. On petition of a majority of the qualified electors
of a county public school district and on approval of the
trustees of a municipal separate school district or the trustees
of a rural separate school district, the board of trustees of the
said county public school, together with the county superin-
tendent, may provide transportation for the children of said
county public school to said separate district under rules and
regulations of the state board of education; provided, that
the cost to the county of tuition and transportation shall not
be materially more than the average cost of county pupils.
Tuition and transportation expenses shall be paid by the coun-
ty superintendent from the public school fund.

Chap. 186, Laws 1916. Sec. 7347 Hemingway's Code.

4526. Trustees of separate school districts — How chosen. —

The schools of a separate district shall be under control of
five trustees, elected in a municipal separate district by the
board of mayor and aldermen, on the second Monday in April
or at the first regular meeting prior thereto ; for rural separate
districts the county superintendent shall appoint the trustees.
When a majority of the qualified electors of a rural district
shall petition by the first day of April for the appointment of
certain patrons as trustees, the county superintendent shall
appoint those recommended. For line separate school dis-
tricts, the trustees shall be appointed by the county superin-
tendent of the county in which the school building is situated.
Trustees shall be patrons of the school. The conditions of
eligibility imposed and powers granted trustees, under the
general law, shall apply to the trustees of separate school dis-
tricts, and they shall be subject to the same penalties, and to
removal from office by the board for neglect of duty, but no
member of the board of aldermen, trustee of a private or sec-
tarian school or college in the same separate school district
shall be eligible to the office of trustee. They shall be chosen
for a term of three years ; two being chosen each year for two
successive years, and one the third year as vacancies occur.

42 PUBLIC SCHOOLS

Code 1906.

Code 1906, §§ 4526, 4527, were not retroactive so as to cause the
removal of trustees who were competent to serve at the time of their
appointment prior to the adoption of the code. Tucker v. State, 89
Miss. 363, 42 So. 798.

Chap. 186, Laws 1916. Sec. 7348 Hemingway's Code.

Power of trustee. — 10. Trustees of all separate districts are
custodians of the school property and shall have charge of the
erection, repairing or equipping of buildings, and they are
hereby authorized to write orders to the clerk of the munici-
pality or to the county superintendent, to issue warrants or
pay certificates on any available school funds of such school
districts.

They may add the high school department and may or may
not charge tuition in said department at their discretion. In
co-operation with the principal of the school they may pre-
scribe the course of study for the high school department.

Code 1906.

Code 1906, §§ 4526, 4527, were not retroactive so as to cause the
removal of trustees who were competent to serve at the time of their
appointment prior to the adoption of the code. Tucker v. State, 89
Miss. 363, 42 So. 798.

Sec. 7349 Hemingway's Code.

4528. As to all school trustees. — The trustees have the
power to exclude from the schools children of filthy or vicious
habits, or children suffering from contagious or infectious

diseases.

Sec. 7350 Hemingway's Code.

4529. As to all school trustees — Nepotism forbidden. — It

shall be unlawful for a trustee of any school to vote for any
person as a teacher who is related to him by blood or marriage
within the third degree, or who is pecuniarily dependent upon
him.

CHAPTER 195.

LAWS 1916.
Sec. 7352 Hemingway's Code.

Taxation.

Rural school districts— Tax levy in.— 1. That on petition of
the majority of the qualified electors of any rural school dis-
trict, the board of supervisors shall in the same manner as
provided for separate school districts, annually levy a tax on
the property of said district for the purpose of supplementing
the salaries of the teachers of the district, or for extending
the school term thereof ; or for both purposes.

This section purports to amend Laws 1914, ch. 189, § 2. It amends
§ 1 instead. Laws 1914, § 1, follows.

PUBLIC SCHOOLS 43

CHAPTER 189.

LAWS 1914.
Sec. 7353 Hemingway's Code.

Tax levy in districts not less than twelve square miles in
territory. — 1. On petition of the majority of the qualified
electors of any school district containing not less than twelve
square miles, the board of supervisors shall in the same man-
ner as provided for separate school districts, annually levy
a tax on the property of said district for the purpose of sup-
plementing the salaries of the teachers of the district, or for
extending the school term thereof; or for both purposes.

Chap. 189, Laws 1914. Sec. 7354 Hemingway's Code.

Collection and disbursement of such taxes. — 2. The tax col-
lector shall collect the taxes of such districts as other taxes
are collected, and deposit same with the county treasury to
the credit of the several districts, respectively, for which said
taxes are levied. Such funds shall be disbursed on pay cer-
tificates issued by the county superintendent, on the order of
the trustees of the district.

CHAPTER 127.

LAWS 1908.
Sec. 7355 Hemingway's Code.

Municipality not in a separate school district may levy
special tax. — 1. Any municipality not composing a separate
school district, on petition of a majority of the taxpayers in
such municipality, may levy an annual tax, not exceeding
three mills on the dollar, for the purpose of aiding, as the
mayor and board of aldermen may see fit, in the education of
the children of educable age living within such municipal
limits.

CHAPTER 172.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That House Bill No. 92, chapter 197, of the acts
of the legislature of 1914, be amended so as to read as follows :

That the board of supervisors of any county is authorized
to issue bonds of the county, a supervisors' district or a school
district containing not less than sixteen (16) square miles, or
of any school district with an assessed valuation of not less
than one hundred thousand dollars ($100,000.00) excluding in

44 PUBLIC SCHOOLS

each case, the territory embraced within separate school dis-
trict, for the purpose of erecting, repairing and equipping
school buildings for the county, a supervisors district, or a
school dstrict as the case may be.

Sec. 2. Whenever a majority of the resident tax payers of a
county, of a supervisors' district or of a school district contain-
ing not less than sixteen (16) square miles, or of any school
district with an assessed valuation of not less than one hun-
dred thousand dollars ($100,000.00), shall petition the board
of supervisors to issue bonds for the purpose hereinbefore
stated, the board of supervisors of such county shall issue bonds
of the county of a supervisors' district or of a school district,
according to the direction of the petitioners, not to exceed five
per centum (5%) of the assessed value of the county, if it be
for the county; or of the district if it be for a supervisors' dis-
trict ; or of a school district, if it be for a school district, said
bonds to be issued in the manner provided in the chapter on
municipalities.

When a county, a supervisor's district or a school district
shall become obligated through the sale of bonds as indicated
herein, it shall be the duty of the board of supervisors to levy
a tax annually on the taxable property of the county, or super-
visors' district, or school district, as the case may be, sufficient
to pay the interest on said bonds and to create a sinking fund
for their redemption.

Sec. 3. On petition of a majority of the qualified electors of
any public school district in a county, the board of supervisors
shall levy a tax on the property of that district for the pur-
pose of supplementing salaries of teachers, extending school
term, buying furniture for the school, repairing school build-
ing, or for fuel and other incidental expenses of the school in
said district.

Sec. 4. The tax collector shall collect the taxes levied under
the provisions of this act as other taxes are collected and de-
posit the same with the county treasurer to the credit of the
county or district for which it was levied. Such funds shall
be disbursed on pay certificates issued by the county superin-
tendent on the order of the county school board for the county
or supervisors' district, and the order of the school trustees for
the school district.

Sec. 5. That this act take effect -and be in force from and
after its passage. »

PUBLIC SCHOOLS 45

CHAPTER 257.

LAWS 1918.

AN ACT providing for the levying of a per capita fuel tax in any public
school district on the patrons of the school.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That upon the presentation of a petition signed
by a majority of the patrons of any public school district to
the board of supervisors on or before the first Monday in
September of any year, asking that a per capita tax for fuel
for the use of the school be assessed upon the patrons of the
school, the board of supervisors shall authorize and empower
the board of trustees of said school district to assess upon the
patrons of the school of the district and collect from them a
fuel tax sufficient to meet the needs of the school for the
ensuing session, the same to be prorated according to the num-
ber of educable children in the district; provided that any
patron shall be allowed to pay this fuel tax in wood or other
suitable fuel if same is delivered at the school building by the
end of the first scholastic month of the said school term.
Provided, further that the trustees shall have power in their
discretion to exempt from the provisions of said tax patrons
who are dependent widows, and other patrons whose financial
or physical condition may render them incapable of paying
said tax. In collecting the tax as authorized by the above
provision the trustees shall have the same powers as are now
given the sheriff in the collection of the commutation road tax.

Sec. 2. That this act take effect and be in force from and
after its passage.

CHAPTER 197.

LAWS 1914.
Sec. 7358 Hemingway's Code.

Tax Levy For Fuel For School Purposes — On a petition
of a majority of the qualified electors for the public school dis-
trict in a county, the Board of Supervisors shall levy a tax on
the property of that district to provide fuel and other incidental
expenses of the school in said district.

46 PUBLIC SCHOOLS

CHAPTER 186.

LAWS 1916.
Sec. 7351 Hemingway's Code.

4530. Separate school districts. — 1. Any municipality, by
an ordinance of the mayor and board of aldemen thereof, or
any unincorporated district with an assessed taxable valua-
tion of not less than two hundred thousand dollars
($200,000.00), or any unincorporated district of not less than
sixteen square miles, by the county school board or county
school boards, on a petition of a majority of the qualified
electors therein, may be declared a separate school district,
but shall not be entitled to the rights and privileges of a
separate school district unless a free public school shall be
maintained therein for a term of at least seven months in
each scholastic year; provided, that there is an average at-
tendance of twenty-five pupils.

Code 1906.

Under Code 1906, § 4530, interpreted in connection with §§ 4510, 4533
and 4534, each county has a right to act for itself in the creation of a
separate district of unincorporated territory, and a separate school
district of unincorporated territory can not be created unless it is
wholly within one county, except that territory in different counties
adjoining a municipality which is a separate school district may be
included in such district. Jones County v. Grisson, 97 Miss. 193, 52
So. 629.

It is not necessary, in order that a separate school district be created
by a municipality, that it be shown that the district can maintain a
school for a term of seven months, or that it be petitioned by a ma-
jority of the qualified electors. Mebane v. Hickory Flat, 99 Miss. 592,
55 So. 359.

In Const. 1890, § 90, par. "p," the word "incorporating" was not used
in a technical sense as signifying a corporation, but was applicable to
common and private schools alike, and since Code 1906, § 4530, pro-
vides the method whereby separate school districts may be established,
Laws 1912, ch. 288, authorizing the school board of Harrison County
to establish a separate school district in that county, was unconstitu-
tional as a special law, and invalid. Hewes v. Langford, 105 Miss. 375,
62 So. 358.

Declaration by a mayor and board of aldermen of a municipality
that its territory should constitute a separate school district was
inoperative where the territory had been formerly incorporated with a
district formed by another municipality. Carrollton v. North Carroll-
ton, 109 Miss. 344, 69 So. 483.

CHAPTER 180.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section seven (7), chapter 186, laws of 1916,
be amended to read as follows:

PUBLIC SCHOOLS 47

County children may attend the schools of a separate school
district and the county shall pay to the separate school dis-
trict they attend an amount per child equal to the cost per
child to the county in the county public schools for the pre-
ceding session, each race being calculated separately, but a
child in the county shall not attend school in a separate school
district without the consent in writing of the trustees thereof,
the trustees of the school in his district, and the county super-
intendent of education.

Sec. 2. That this act take effect and be in force from and
after its passage.

CHAPTER 186.

LAWS 1916.
Sec. 7361 Hemingway's Code.

4533. Territory to be added to separate school district.-^.

Any part of a county or counties adjoining a municipality
which is a separate school district may be added to such dis-
trict by the county school board upon petition of a majority
of the qualified electors of the territory proposed to be added,
provided such petition shall have been approved by the trus-
tees of the separate district.

Code 1892.

Code 1892, § 3018 (Code 1906, § 3421), has no reference to railroads,
and a municipality, being a separate school district, can not assess
taxes for school purposes on a railroad track and right of way outside
its corporate limits, though such property is embraced in an extension
of territory made under this section. New Albany v. Kansas City &c.
R. Co., 76 Miss. Ill, 23 So. 546.

Code 1906.

Under Code 1906, § 4530, interpreted in connection with §§ 4510, 4533
and 4534, each county has a right to act for itself in the creation of a
separate district of unincorporated territory, and a separate school
district of unincorporated territory can not he created unless it Is
wholly within one county, except that territory in different counties
adjoining a municipality which is a separate school district may he
included in such district. Jones County v. Grisson, 97 Miss. 193,
52 So. 629.

Under Code 1906, § 4533, an ordinance of the mayor and board of
aldermen of a town adding additional territory to a separate school
district was not invalid because not published or recorded in the
ordinance book, there being no such requirement in the statute. Wal-
lace v. State, 104 Miss. 83, 61 So. 162.

Under Laws 1912, ch. 129, the ordinance atiempting to release ter-
ritory from the district was void where it did not recite that it was
passed pursuant to a petition of the resident freeholders of the ter-
ritory, since the board was exercising a limited and special jurisdiction,

48 PUBLIC SCHOOLS

and the existence of all facts necessary to confer such jurisdiction
must affirmatively appear from the ordinance. Wallace v. State, 104
Miss. 83, 61 So. 162.

Laws 1912, ch. 129, providing that the board of aldermen "may" re-
lease territory added to a separate school district, is mandatory. Car-
rollton v. North Carrollton, 109 Miss. 494, 69 So. 179.

CHAPTER 254.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That where public schools heretofore established
have been formed into a consolidated school district, and
because of a failure to erect the consolidated school building,
or for other reasons, the consolidated school is not taught,
then the county superintendent of education is hereby au-
thorized and empowered to have the school taught as hereto-
fore and so continue until said consolidated school is opened
and in operation.

Sec. 2. That in like manner the superintendent of education
and proper authorities of the county are hereby authorized
and empowered to pay teachers who have heretofore or are
teaching in such public schools.

Sec. 3. That this act take effect and be in force from and
after its passage.

CHAPTER 181.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section 3 of chapter 186 of the laws of 1916
be amended so as to read as follows:
Added territory released from municipal separate school districts.

Sec. 3. That the mayor and board of aldermen of any
municipality in this state constituting a separate school dis-
trict shall release from such districts any part of the added
territory lying outside of the corporate limits on a petition
of the majority of the qualified electors of the territory pro-
posed to be released, provided, that said municipal separate
school district has no outstanding bonded indebtedness. An
order shall be entered on the minute of the board of aldermen
describing that part of the added territory that is released.

Sec. 2. That this act take effect and be in force from and
after its passage.

PUBLIC SCHOOLS 49

CHAPTER 179.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section 4 of House Bill No. 161, chapter 186
of Laws 1916, be and the same is hereby amended to read as
follows :

Sec. 4. Municipal separate districts ; tax levy, bond issued.—-
The mayor and board of aldermen of a municipality consti-
tuting a separate school district, whether such district is com-
posed alone of the corporate limits or the corporate limits
and added territory, shall annually levy a tax on the entire
separate district sufficient to pay for fuel and other neces-
saries for the public schools of the district, also for maintain-
ing the school after the four months term provided by the
state, or to supplement during said four months. The mayor
and board of aldermen of such municipality may also levy a
tax on the entire school district, including added territory, to
erect, repair and equip school buildings including teachers'
homes, and may issue bonds on the separate district for that
purpose in the manner provided in the chapter on municipali-
ties. The taxable property of such added territory to such
municipality shall be assessed and the tax collected for all
school purposes, including bond issues for schools (whether
issued in the name of the municipality or of such school dis-
trict), in the same manner as on the property within the cor-
porate limits; on the question of levy for school and of issu-
ance of school bonds provided for in this section the qualified
electors and the tax payers have the same rights and benefits
as those within the corporate limits of such municipality. For
the purpose of an election on a question pertaining to schools,
such municipality shall cause the qualified electors in such
added territory to be registered in like manner as those within
the corporate limits, and governed by the same laws as far as
applicable.

Sec. 2. That this act take effect and be in force from and
after its passage.

CHAPTER 256.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That all municipal and unincorporated separate
school districts, and all consolidated school districts, which
have exercised the privileges and franchises of a school dis-
trict for a period of two years shall in all cases conclusively
presumed to have been legally established and organized.

Sec. 2. That this act take effect and be in force from and
after its passage.

50 PUBLIC SCHOOLS

CHAPTER 255.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That children of educable age residing in separate
school districts may attend any county public school within
reach of their homes, and be enrolled as pupils in said county
public school and paid for out of the public school fund of
said separate school district in such manner and under such
regulations as may be prescribed by the board of trustees of
said separate school district; provided, that no children shall
be so enrolled and paid for except with the consent in writing
of the trustees of both the separate school district and the
county public school, and also of the county, school super-
visor, or county superintendent.

Sec. 2. That this act take effect and be in force from and
after its passage.

CHAPTER 260.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, -That in a county or counties where there are In-
dian children, or children of any race not otherwise provided
for by law with educational advantages sufficient to form
a school, the county school board or boards may locate one or
more schools exclusively for Indians, or children of such other
race, and pay salaries of teachers for same under rules and
regulations prescribed by the state board of education.
Special licenses may be provided by the state board of ex-
aminers for teachers of Indian schools and other schools men-
tioned in this section.

Sec. 2. That trustees of municipal separate school districts
are authorized and empowered to provide schools for Indian
children living within the district in the same manner and
under the same regulations as schools are provided for the
children of other races.

Sec. 3. That this act take effect and be in force from and
after its passage.

CHAPTER

LAWS 1918.

AN ACT authorizing the transportation of children within a separate
school district.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, The trustees of all separate school districts are

PUBLIC SCHOOLS 51

authorized and empowered to provide transportation when
necessary for the children in their respective districts who
live two miles or more from the school house, and pay for
same out of the school funds of the district, as teachers' sala-
ries are paid.

Sec. 2. That this act take effect and be in force from and
after its passage.

CHAPTER 186.
LAWS 1916.

Sec. 7364 Hemingway's Code.

Rural separate district — Tax levy — Bond issues. — 5. For

separate school districts having no municipal organization, the
board of supervisors on petition of a majority of the qualified
electors shall levy a tax sufficient to pay for fuel and other
necessities for its public schools, and shall make such levy
of taxes as may be necessary to maintain the schools after the
expiration of the four months ' term provided for by the State,
or to supplement during the four months' term. The supervi-
sors may also levy taxes to erect, repair and equip school
buildings and houses, and may issue bonds for that purpose
in the manner provided in the chapter on municipalities. In
separate school districts lying in two or more counties the
board of supervisors of each county shall levy the required
tax in their respective counties on such petition, and it shall
not be necessary that a majority of the qualified electors of
such district in each county shall sign the petition, but a
majority of all the qualified electors of district, regardless of
county lines, shall be sufficient to require the several boards
of supervisors to levy the tax, and when the amount of the
required tax shall be once fixed, it shall remain the same for
each successive year so long as the district is maintained, un-
less changed by a petition of a majority of the qualified elec-
tors of the district. The tax assessor or assessors shall make
a separate assessment of such districts, and the county tax
collector or collectors, shall collect the same each year and
deposit it with the county treasurer, or treasurers, to the
credit of the district for which it was levied. Provided, how-
ever, where separate school districts be created after the as-
sessor's roll shall have been completed for the year, that the
tax collector for such year shall collect the tax on said district
basing the same on previous assessment. Such funds shall be
disbursed on pay certificates issued by the county superin-
tendent or superintendents when he or they shall have re-
ceived an order from the trustees of the district, pay certifi-
cates to be prorated according to the amount in each treasury
to the credit of such district.

52 PUBLIC SCHOOLS

Code 1906.

Under Code 1906, § 4530, interpreted in connection with §§ 4510, 4533
and 4534, each county has a right to act for itself in the creation of a
separate district of unincorporated territory, and a separate school
district of unincorporated territory can not be created unless it is
wholly within one county, except that territory in different counties
adjoining a municipality which is a separate school district may be
included in such district. Jones County v. Grisson, 97 Miss. 193, 52
So. 629.

A railroad could not enjoin the collection of a tax for the support of
school districts created after February 1st under Laws 1910, ch. 217.
Illinois &c. R. Co. v. Middleton, 109 Miss. 199, 68 So. 146.

Chap. 186, Laws 1916. Sec. 7365 Hemingway's Code.

To provide for the consolidation of municipal separate school
districts. — 6. That where two or more municipalities lying ad-
jacent to or near each other desire to do so, they may join in
forming and maintaining a joint separate school district, that
where the people of such municipalities desire to come under
the provisions of this bill, separate petitions may be circulated
in each municipality, praying the mayor and board of alder-
men or the municipal commissioners where the municipality is
operating the commission form of government, praying for the
uniting of the said municipalities in one separate school dis-
trict; and if the said petition be signed by a majority of the
qualified electors of such municipality, in each of the munici-
palities respectively the mayor and board of aldermen shall
pass an ordinance adopting this chapter. "When said chapter is
adopted as aforesaid the boards of each municipality shall
meet in joint session at a place to be agreed upon or in case
they can not agree then at the place of meeting of the board
of mayor and aldermen of the larger municipality and shall
make a joint levy of taxes for the support of the joint separate
school, which tax shall be collected in each municipality by
its local tax collector and paid into its local treasury subject
to the order of trustees herein provided for in support of the
joint separate school. The said separate school shall be gov-
erned and controlled by a board of five trustees to be elected
on the second Monday in April or at the first regular meeting
prior thereto, the said trustees to be apportioned between the
said municipalities according to the number of educable chil-
dren in said entire separate school district, the board of mayor
and aldermen or commissioners of each municipality to elect
the number of trustees to which it is entitled. The said board
of trustees shall have the powers and be charged with the
duties of other municipal separate school district trustees.

PUBLIC SCHOOLS 63

CHAPTER 183.

LAWS 1914.
Sec. 7366 Hemingway's Code.

Teachers' salaries — Supervisors may borrow money to pay
in certain cases. — 1. The boards of supervisors in the various
counties be and the same are hereby authorized to borrow
money to pay teachers' salaries during the fall months of the
session when there is no school funds in the treasury for this
purpose.

Chap. 183, Laws 1914. Sec. 7367 Hemingway's Code.

Interest and principal of sum borrowed — How to be paid. —

2. That whatever interest is necessary shall be taken care of
by an appropriation out of the general county fund, or out of
the funds of separate school districts, when money is borrowed
for their account. The principal of the amount borrowed as
indicated in the first section of this act, shall be refunded out
of the common school fund of the county or out of the funds
of the separate school districts after it has been distributed
by the state, or collected by legal levies in the county or sep-
arate school districts.

CHAPTER 195.

LAWS 1914.
Sec. 7368 Hemingway's Code.

School districts lying in two or more counties may issue
bonds — For buildings. — 1. On petition of a majority of the
qualified electors of a rural separate, consolidated, or other
school districts, organized under the laws of the State of Mis-
sissippi, and having territory lying in two or more counties,
the boards of supervisors of the several counties may issue
bonds for the erection, repair, and equipment of school build-
ings in the following manner:

Chap. 195, Laws 1914. Sec. 7369 Hemingway's Code.

Proportionate share of each county ascertained and certified
to supervisors. — After the county superintendents of the sev-
eral c ounties, together with the trustees of each separate
consolidated or public school districts, have certified to
the boards of supervisors the proportionate amount of the
bond issue to be borne by each county based on the propor-
tionate amount of property in each county lying within the
said school districts, each board of supervisors shall proceed
to issue bonds on that part of the territory lying in its county
respectively to cover its part of said bond issue for the entire
district and in the same manner as provided in the chapter

54 PUBLIC SCHOOLS

on municipalities. The petition for the bond issue as indi-
cated hereinbefore shall require a majority of the qualified
electors of the entire school district regardless of county lines
presented to the board of supervisors in each of the several
counties.

CODE 1906.

Sec. 7370 Hemingway's Code.

4535. Territory added — Graded schools. — A separate school
district may make either or both of its schools graded schools ;
and graded schools may be of two kinds — a graded grammar
school and a graded high school. In every graded school there
shall be a graded grammar school, in which the common school
curriculum shall be included ; and the graded high school shall
be composed of pupils who have passed through the grammar
grades, or who shall pass an examination therein; and the
course shall be completed in four years. The trustees may
fix reasonable tuition fees for the graded high school depart-
ment, or it may be free; and they may prescribe what other
studies shall be taught in the graded high school.

CHAPTER 125.

LAWS 1910.
Sec. 7371 Hemingway's Code.

Separate school district may introduce music, drawing, in
grammar school grades. — 1. That separate school districts be
allowed to introduce public school music, drawing, and manual
training into the grammar school grades, when a majority of
the school trustees so vote.

CODE 1906.

Sec. 7372 Hemingway's Code.

4556. Salaries of teachers and assistants. — The salaries for
schools requiring one teacher shall be fixed by the county
superintendent between the following units: For a third
grade teacher, between fifteen dollars and twenty dollars; for
a second grade teacher, between eighteen dollars and thirty
dollars; for a first grade teacher, between twenty-five dollars
and seventy-five dollars; provided, that in counties having a
surplus in the school fund the county superintendent of educa-
tion may pay teachers in schools employing two or more teach-
ers as much as one hundred dollars to the principal and sixty-
five dollars to the assistant teachers; such salaries to continue
only so long as said counties may have an unexpended surplus
in the school fund. In fixing the salary the superintendent

PUBLIC SCHOOLS 55

must take into consideration the executive and teaching ca-
pacity of the teacher, and the size of the school, to be deter-
mined both by the educable population of the district and the
average attendance of the two preceding years. The salary of
the assistant shall not exceed by more than five dollars the
minimum fixed for the grade of license he holds, if the teacher
be of the second or third grade, nor more than twenty dollars
if the teacher be of the first grade, but the salary of any as-
sistant may be lower than the minimum. In schools requiring
more than one teacher the salary of the principal shall bej
regulated so that the cost per pupil shall not materially vary
from the average cost of pupils in schools with single teachers.
This section shall not be construed to prohibit the employment
of competent teachers of the several grades for a less com-
pensation than that mentioned. The salaries of principals
and assistant teachers in separate school districts shall be
fixed by the trustees.

CHAPTER 244.

LAWS 1918.
How a Separate School District Abolished.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That any separate school district, on which no
bonded indebtedness exists, may be discontinued or abolished
by the county school board if the school be a rural separate
school district, or by the mayor and board of aldermen, if
the school be a municipal separate school district, upon pre-
sentation of a petition seeking such action, signed by a two
thirds majority of the patrons of said separate school district.

Sec. 2. That this act take effect and be in force from and
after its passage.

CODE 1906.

Sec. 7375 Hemingway's Code.

4559. Grade of license of a principal of a school. — A teacher
with a third-grade license shall not be principal of a school
which requires an assistant; and in schools requiring more
than two assistants, the principal must have a first-grade
license.

Sec. 7376 Hemingway's Code.

4560. Contracts with teachers— It shall be the duty of the
superintendent to make a contract, in the form prescribed by
the board of education, with every duly licensed teacher who
has been selected by the trustees according to law or appoint-
ment by himself. The contract shall be signed in duplicate
by the superintendent and by the teacher, each retaining one

56 PUBLIC SCHOOLS

part ; and it shall show the name of the school, the position of
the teacher, whether principal or assistant, and the monthly
salary. In addition to the fixed salary, there shall be stated
in the contract two successively smaller amounts, which shall
be the salary in case the attendance decreases to a number
for which the conditional amounts would be the fixed salary.
Contracts shall be valid for the number of months the school
is to be taught during the scholastic year, and it shall be un-
lawful to issue a certificate for services rendered before the
contract is made and signed ; provided, that in years when the
state appropriation is made after the beginning of the fall
school term, that it shall be lawful for a county superintendent
of education to cause the schools to be taught without con-
tracts until he shall have officially ascertained the amount
of the common school fund that will be distributed to his
county for that scholastic year; and provided, further, that
where contracts have been made before the amount of school
fund to be distributed to his county is known, the same may
be changed when he ascertains the amount his county will
receive, teachers agreeing thereto; but the county superin-
tendent shall have the right, after the expiration of the four
months required by the constitution, to make new contracts
with teachers in counties making a special levy to carry on
the schools for a longer term than four months, and all such
contracts shall be made as the law provides, so that the
amount to be paid in salaries for maintaining all of the schools
one month shall not exceed that fractional part of the whole
school fund, as provided by such special levy, which one month
is of the whole number of months the schools are to be taught.

Sec. 7377 Hemingway's Code.

4561. Pupils attending high schools. — Educable children
may attend a high school or college in their county and they
shall be enrolled, reported and paid for as resident pupils of
the district, if the school has been established as a free public
school of the county. Such school shall receive all educable
children of the race for which it was established, but tuition
may be charged for all pupils who pursue studies beyond the
public-school curriculum, to be paid by the pupil based on
number of such studies pursued, to be regulated by the au-
thorities of the institution.

Sec. 7379 Hemingway's Code.

4563. School registers— Pay certificates. — The principal
teacher in a public school shall keep a daily record of facts
pertaining to the school, in such form as the school register
requires, and he shall be responsible for the safe keeping and
delivery of the register to the county superintendent at the
close of the schocl term, or of the period of service o^ the

PUBLIC SCHOOLS 57

teacher; and the county superintendent shall not issue to a
teacher a pay certificate for the last month taught until the
teacher shall have delivered to him the register in good order
and properly filled out. In the register the teacher shall set
down the name, age, and sex of each pupil in attendance, and
the names of absentees for each day. At the end of every
scholastic month the teacher shall make out from the register
a report to the county superintendent of the name, age, and
sex of each pupil in attendance during the month, and the
number of days such pupil has attended. The report shall
be approved by at least two of the trustees, and certified to
by them; and upon the filing of such report with him the
county superintendent shall issue to the teacher and the as-
sistants, if any, a pay certificate, and the report shall be care-
fully preserved in his office. If the trustees, without good
cause, refuse to sign the report, the teacher may appeal to the
county superintendent, who shall issue the pay certificate
without the approval of the trustees, in case he decides in
favor of the teacher.

Code 1906.

In a prosecution for forging the school trustees' certificate required
by Code 1906, § 4563, the persons whose names are forged to such
certificates must be trustees of the public school and this fact must
be alleged in the indictment and proved, and the mere recital of such
a fact in the certificate is not sufficient. Griffin v. State, 96 Miss. 309,
51 So. 466.

Sec. 7380 Hemingway's Code.

4564. Enumeration of children during the first month. — The
principal teacher, not in a separate school district, shall, dur-
ing the first month of the term, make a complete enumeration
of the educable children in the district, and enter in the regis-
ter the name, color, age, and sex of each child and the names
and place of residence of the parents of each child, the same
to be examined and approved by the trustees, and a copy
thereof delivered to the superintendent with a report of the
first month.

Sec. 7381 Hemingway's Code.

4565. Term reports. — With the last monthly report of the
session the teacher shall make a term report containing such
facts and statistics as the blanks furnished may require. If
the final monthly report be not made to the superintendent
by the fifth of October annually, it shall be unlawful to issue
to the teacher a pay certificate for more than eighty per
centum of his salary for that month.

Sec. 7382 Hemingway's Code.

4566. How warrants for salaries issued to teachers — Back
pay. — Upon the presentation of a pay certificate for services

58 PUBLIC SCHOOLS

rendered as a teacher, duly attested by the superintendent,
the clerk of the board of supervisors, or of the municipality
being a separate school district, shall issue a warrant on the
treasury for the amount stated in the certificate, the warrant
to state upon its face the number of the month of the term
during which the services were rendered — as, first month,
second month, etc. — and to specify the fund upon which it is
drawn ; the clerk shall keep a file of the certificates so received
as part of the official records of his office, and shall be gov-
erned in every respect by the same laws that regulate the is-
suing of county or municipal warrants for other purposes, ex-
cept that the warrants for teachers' salaries shall be issued
directly upon the certificates of the county superintendent,
without any action thereon by the board of supervisors or the
mayor and board of aldermen by way of allowance or ap-
proval. For services rendered by teachers in public schools
before the time when this chapter becomes operative, and for
which a pay certificate or warrant has not been issued because
of a want of funds in the treasury out of which to pay it, the
board of supervisors or municipal authorities, as the case may
be, are authorized to make proper allowances upon proof of
such services rendered in good faith.

Code 1892.

School warrants which fail to contain upon their face the statements
required are void, and mandamus will not lie to enforce a levy of a tax
for their payment. Tunica County v. Rhodes, 85 Miss. 500, 37 So. 1005.

Code 1906.

Code 1906, § 4627, is mandatory, and requires the board of super-
visors to provide for the payment of warrants issued upon pay cer-
tificates attested by the superintendent of education under § 4566.
Hebron Bank v. Lawrence County, 109 Miss. 397, 69 So. 209.

CHAPTER 187.

LAWS 1914.
Sec. 7383 Hemingway's Code.

4567. Scholastic year, month and day.— -The scholastic year
shall begin on the first day of September and end on the
thirty-first day of August. Twenty days of actual teaching
shall constitute a school month, and the number of hours of
actual teaching that shall constitute a school day shall be fixed
and determined by the board of trustees thereof, at not less
than five nor more than eight hours.

PUBLIC SCHOOLS 59

CHAPTER 250.
LAWS 1914.

Sec. 7384 Hemingway's Code.

4568. School term, winter and summer — Time for opening.
— There shall be a winter term and a summer term, during
either of which a school may be taught, at the option of its
trustees. The county school board shall fix the day for the
opening of the winter term between the first Monday of Sep-
tember and the second Monday in January, and for the open-
ing of those of the summer term on the first Monday in April,
or as soon thereafter as they deem suitable. These dates may
be fixed by the county school board at their annual meeting, or
at any called meeting, or by their written consent to a date
proposed by the superintendent, who, when the dates are
fixed, which shall in all cases be done at least twenty days
prior to the opening of the term, shall notify the secretary
of the trustees of each school in the county. This section
shall not prevent the trustees of the schools in a separate
school dstrict from fixing the time at which their schools may
begin and end.

CODE 1906.

Sec. 7385 Hemingway's Code.

4569. Continuous session, unless. — The schools shall be kept
in continuous session four months, and as much longer as the
school fund of the scholastic year will maintain them. Trus-
tees may, however, with the consent of a majority of the
patrons, divide the session, and have such portion of it as
they deem proper taught in either term ; but in that case they
shall notify the superintendent of such division and of the
scholastic month at the beginning of which they wish their
school to open. The county superintendent may close all the
schools for the Christmas holidays, for an equal period of
time, not to exceed two weeks, and, upon application from
the trustees, may close any school because of an epidemic pre-
vailing in the school district, or on account of the death, sick-
ness, resignation or dismissal of the teacher; but such schools
shall be allowed their full time after being reopened during
the scholastic year.

Sec. 7386 Hemingway's Code.

4570. Bond and duties of county treasurers.— The county
treasurer and the treasurer of every municipality constituting
a separate school district, shall be required to give additional
bonds, to be fixed by the board of supervisors and the mayor
and board of aldermen, respectively, in an amount not less
than the amount of school funds likely to be in their hands at

60 PUBLIC SCHOOLS

any one time, for the faithful performance of their duties;
and the county treasurers of the Chickasaw cession counties
shall be required to give additional bonds for the amount of
the Chickasaw school fund to be distributed to their counties,
equal to the amount to be distributed for the year ; but the
additional bonds shall be cumulative security, and the treas-
urers shall be liable on their official bonds for all school funds
coming into their hands. It is the duty of the county treas-
urers to make to the auditor of public accounts, reports, on the
second Mondays of January and June of each year, of all
moneys accruing to the common school fund from polls col-
lected in their respective counties; to keep on their books
separate and distinct accounts of the moneys arising from
poll-taxes, from taxes levied by the board of supervisors for
the maintenance of public schools, from the distributive share
of the common school fund, from Chickasaw school fund, and
from interest on funds derived from the sixteenth sections,
and funds arising from leases of those sections, and funds
from any other source ; to receive and receipt for all moneys
on account of school funds of the county; to pay money out
of the common school fund upon the order of the county
superintendent of education, approved by the board of super-
visors, except in case of teachers' salaries, which shall be paid
upon warrants issued by the clerk, on the certificate of the
county superintendent ; and to make, on or before the fifteenth
of October, an annual report to the state board of education,
a duplicate of which shall be furnished to the county superin-
tendent, showing the amount received for public schools from
each source during the preceding fiscal year, the disburse-
ments for the several purposes, and the amount of school war-
rants unpaid. The treasurer shall compare this report with
the account kept by the county auditor, who shall certify that
the report agrees with the account kept by him, if found to
be correct. The treasurer shall, at the same time, make a
special report of the receipts and disbursements of township
funds belonging to each township. These reports shall be
made in the form prescribed on blanks furnished by the state
superintendent. It shall be the duty of the county superin-
tendent to report a treasurer failing to make any such report
to the district attorney, who shall proceed against the treas-
urer criminally and by suit on his bond.
Sixteenth Sections, see § 6656.

Sec. 7387 Hemingway's Code.

4571. Duties of separate school district treasurers. — The
county treasurer shall, immediately upon receipt thereof by
him, pay over to the treasurer of a municipality in his county
which is a separate school district, all money to which the

PUBLIC SCHOOLS 61

separate school district may be entitled; and the treasurer
of each municipality which is a separate school district, shall
perform like duties as are devolved on county treasurers, as
far as applicable, in reference to money for the support of
schools; and they shall be subject to the same penalties for
failure to make the reports required to be made to the board
of education and to the county superintendent.

CHAPTER 251.

LAWS 1914.
Sec. 7388 Hemingway's Code.

4572. Counties may levy ad valorem and poll-tax to carry
on schools before and after four months. — The board of super-
visors are empowered to levy annually for public schools a
tax upon the taxable property of the county, which is outside
the limits of any separate school district, and may levy an ad-
ditional poll-tax of not exceeding one dollar on each male
inhabitant liable to pay a poll-tax; all to be collected as other
taxes for general purposes, and at the same time, and to be
paid into the county treasury to the credit of the school fund ;
and such taxes shall be receivable only in lawful currency of
the United States, and shall be used for the maintenance of
the public schools before, during or after the expiration of
the four months required by the constitution. When two hun-
dred qualified electors, outside of separate school districts,
shall petition the board of supervisors to levy a certain tax
for the extension of the school term of the county, the board
of supervisors, within not less than twenty days nor more
than forty days, shall submit the proposition to the qualified
electors, outside of separate school districts, of the county at
an election, and if a majority of those voting shall vote for
the tax the board of supervisors shall levy said tax at the time
other county taxes are levied, on all property in the county
subject to taxation which is not situated within a separate
school district, and shall continue from year to year to levy
the same tax until another election is held, as is provided for
in this section; provided, the boards of supervisors in those
counties where the tax is now being levied shall have the
power to continue levying the tax without an election. And
every municipality, being a separate school district, may in
like manner levy and collect such taxes for the maintenance of
schools.

CODE 1906.

Sec. 7389 Hemingway's Code.

4573. Funds to be used only for year of receipt — Deficit
not allowed. — All school funds received and collected during
the scholastic year shall constitute the school fund of the

62 PUBLIC SCHOOLS

county for that scholastic year ; and the salaries of the teach-
ers shall be so fixed as not to allow a deficit in any year. It
shall be unlawful for the superintendent to issue pay certifi-
cates to teachers in excess of the amount of money received
on account of the public schools for the current year, and any
certificate so issued shall be illegal and void; but the superin-
tendent shall be responsible on his bond to the holders for the
face value of such certificate, and shall be so liable to any
person whom he may cause to teach in a public school and for
whose payment there is no money in the treasury.

Sec. 7390 Hemingway's Code.

4574. How school fund to be distributed in counties.— The
county common school fund shall be divided between the
separate school districts of a county and that portion of a
county not included in separate school districts. Within thirty
days after every legal enrollment of the educable children of
the state, and within thirty days after the organization of a
separate school district, or a change has been made in the
limits of one already organized in the county, the county
superintendent of education shall certify to the clerk of the
board of supervisors the number of educable children, to be
determined from the official roll of educable children on file
in the chancery clerk's office, in each separate school district
in the county, and the number of educable children outside
the limits of separate school districts. At each regular meet-
ing of the board of supervisors it shall be the duty of the clerk
of the board of supervisors to apportion the amount of un-
divided county common-school fund in the county treasury
among the separate school districts of the county and the
county outside of separate school districts, on the basis of
the number of the educable children in each, as furnished by
the county superintendent of education, and to certify the said
apportionment to the board of supervisors, who, if the ap-
portionment is found to be correct, shall order that a warrant
be issued in favor of the treasurer of each separate school
district for the amount due each district. At the first meeting
of the board of supervisors after the passage of this act, all
the poll-tax collected since the last official report of the same
to the auditor shall be divided as provided in this section.
(Laws 1906).

Code 1906.

Under Const. 1890, § 206, the distribution of poll-tax collections is
governed by Code 1906, § 4574, and not by § 4254, which was inad-
vertently adopted as part of the code. Jackson v. Hinds County, 104
Miss. 199, 61 So. 175.

PUBLIC SCHOOLS 63

Sec. 7391 Hemingway's Code.

4575. Tax collector to turn over poll-taxes to county treas-
urer.— The tax collector shall turn over all poll-tax collected
to the county treasurer, at the time and in the manner now
provided by law for paying to the county treasurer county
taxes collected by him.

CHAPTER 189.

LAWS 1916.
Sec. 7392 Hemingway's Code.

4576. Balances — How and when used— Funds not loaned.

—If there shall remain a balance in the treasury to the credit
of the school fund of the several counties and separate school
districts on the thirtieth day of September in any year, the
board of supervisors and trustees of separate school districts
during the month of October following may apply such bal-
ance to the building, repairing or furnishing with school furni-
ture or apparatus such schoolhouses which belong to the coun-
ty or separate school districts, not appropriating to any school
located in the county or separate school district an amount
greater than one hundred and fifty dollars, unless an amount
equal to any excess of this sum, to be appropriated by the
county, be contributed and paid into the county treasury by
the patrons of the public schools making such application and
receiving such appropriation. All balances not so appropriated
shall be carried forward to the school fund for the next
scholastic year; and this shall apply to any fund that may
have been levied by the county to carry on the schools for a
longer term than four months. It shall be lawful to loan for
a period of one year any portion of the school fund to any
other county or city fund in which the separate school dis-
trict may lie.

This act does not refer to Laws 1912, ch. 248, which also amends
Code 1906, § 4576.

CHAPTER 157.

LAWS 1914.
Sec. 7393 Hemingway's Code.

Supervisors may transfer surplus county funds to school
fund. — 1. That the board of supervisors of any county may in
their discretion transfer any surplus funds that may accumu-
late in the general county fund to the common-school fund
of the county.

64 PUBLIC SCHOOLS

Sec. 7394 Hemingway's Code.

4577. Two and three per centum funds — How used. — The
board of supervisors shall appropriate all receipts from the
distribution of the two and three per centum funds to the
building, repairing, and furnishing school-houses on the con-
ditions prescribed in the last section for the appropriation of
balances of the school fund.

CHAPTER 191.

LAWS 1916.
Sec. 7395 Hemingway's Code.

4578. When school fund distributed.— 1. That on the first
Monday of October of each year, or as soon thereafter as prac-
ticable, the auditor of public accounts shall distribute to the
counties and separate districts one-third of the common-school
fund for the scholastic year and the balance on the second
Monday in January following. The distribution shall be made
by the issuance of auditor's warrants on the state treasury,
payable to the treasurers of the several counties and separate
school districts, the superintendent of education supplying the
data for distribution.

CHAPTER 202.

LAWS 1908.
Sec. 7396 Hemingway's Code.

4579. Enumeration of educable children.— During 1908,
and every four years thereafter, within the time authorized
by law for taking the assessment, the assessor in person or by
sworn deputy or deputies shall enumerate the educable chil-
dren of his county, including all separate school districts in
it.

CODE 1906.

Sec. 7397 Hemingway's Code.

4580. State superintendent to supply blanks. — Blanks for
the enumeration shall be prepared by the state superintendent.
The enumeration shall be taken by townships, and shall show
the names, ages, and sex of the educable children therein, and
the names of their parents or guardians. Separate lists are
to be made for the white, negro, and Indian races.

Sec. 7398 Hemingway's Code.

4581. Separate enumerations of municipalities.— The enu-
meration of each municipality shall be separate; and the chil-
dren shall be listed under the names of parents and guardians

PUBLIC SCHOOLS 65

alphabetically arranged, by wards, and the street and number
of residence shall be given where practicable.

Sec. 7399 Hemingway's Code.

4582. Every domicile to be visited. — The tax assessor shall
receive names of children having a living parent or guardian,
and being in the care of such, only from the parent or guar-
dian. Any person proposing to give the names of children
not his or her own, shall first be required to make
oath that he or she knows all the particulars in
reference to the children whose names are proposed to be
given in ; that the children have no parent or guardian, or are
not under the care of such.

Sec. 7400 Hemingway's Code.

4583. Affidavit to enumeration. — The assessor shall make
an affidavit before the clerk of the chancery court that the
enumeration has been taken in accordance with and in the
manner prescribed by law, and that it contains a true and cor-
rect list of all the educable children in the county. The af-
fidavit shall be appended to each copy of the enumeration.

Sec. 7401 Hemingway'* Code.

4584. Two copies of the enumeration— When and where
filed. — The assessor shall make two copies of the enumeration,
which copies shall be examined and approved by the board
of supervisors at their July meeting if found correct; and if
incorrect, the assessor shall not receive any compensation for
his services until the same is so corrected that the board of
supervisors will approve them, and on or before the first Mon-
day in August the assessor shall file one of said copies in the
office of the clerk of the chancery court as a public record,
and the other copy in the office of the state superintendent
of education to be by him preserved as a basis of apportion-
ment of the common-school fund of the state for the four years
next succeeding. In case the county superintendent should
believe that said roll, after being so approved by the board of
supervisors, is inaccurate, he may appeal to the state superin-
tendent within four months after the approval by the board
of supervisors, giving his reason for such appeal in writing,
verified by affidavit, whose decision in the matter shall be

final.

Sec. 7402 Hemingway's Code.

4585. Compensation for enumerating children. — As com-
pensation for the enumeration of the educable children the
assessor shall receive out of the county school fund upon al-
lowance made by the board of supervisors, two cents for each
child enumerated in the county outside separate school dis-

66 PUBLIC SCHOOLS

tricts, and the assessor shall receive out of each separate school
district fund, upon allowance made by the board of mayor
and aldermen of the municipality, two cents for each child
enumerated in said district; but it shall be unlawful to make
any allowance therefor until the assessor shall present to the
board of supervisors and board of mayor and aldermen certi-
ficates from the state superintendent showing that the copies
to be filed in his office have been received, approved and
accepted.

CHAPTER 141.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section 4586 of the code of 1906 be amended
to read as follows:

Sec. 4586 Hemingway's Code.

7403. Failure of assessor; penalty; how enumeration made.
— If the assessor shall fail to have the enumeration of educa-
ble children of his county made and filed as provided, and at
the time specified, he shall be liable on his bond for all
damages accruing by the failure, and if the enumeration so
made by the assessor and returned, is found to be incorrect
and indefinite, so much so as to work an injustice on the coun-
ty or any school district therein, that the board of supervisors
shall employ some other competent person, to make a new
enumeration of the educable children in the entire county or
any school district therein, and such person shall be entitled
to receive the compensation for the services herein provided,
and the assessor shall not be paid for any condemned enumera-
tion.

Sec. 2. That this act take effect and be in force from and
after its passage.

CODE 1906.

Sec. 7404 Hemingway's Code.

4621. General provisions — Obedience to teachers.— All pu-
pils must comply with the regulations, pursue the required
course of study, and submit to the authority of the teachers
of schools.

Sec. 7405 Hemingway's Code.

4622. Damage to school property. — A pupil who wilfully
cuts, defaces, or otherwise injures any schoolhouse or the
fences or outbuildings or shade trees thereof, is liable to sus-
pension or expulsion; and the parents or guardians of such
pupils shall be liable for all damages.

PUBLIC SCHOOLS 67

Sec. 7406 Hemingway's Code.

4623. General rules for teachers.— Every teacher in a pub-
lic school must, before taking charge of a school and one week
before closing a term, notify the county superintendent of the
fact, naming the day of opening or closing; must enforce the
course of study, the use of text-books, and the rules and regu-
lations prescribed for schools ; and must hold pupils to a strict
account for disorderly conduct on the way to or from school,
on the playgrounds, or during recess; suspend for good cause
any pupil from the school, and report such suspension to the
board of trustees for review. If his action be not sustained
by them, the teacher may appeal to the county superintendent,
whose decision, if against the teacher, shall be final.

Code 1906.

Code 1906, §§ 4525, 4623, do not authorize the adoption of a rule re-
quiring all pupils of the school to remain in their homes and study
between designated hours in the evening. Hobbs v. Germany, 94 Miss.
469, 49 So. 515.

Sec. 7407 Hemingway's Code.

4624. Trustees not interested in contracts.— -Neither a
school trustee nor a member of the board of education, county
school board, or committee to select text-books must be in-
terested in any contract made in pursuance of this chapter;
and any contract made in violation of this provision is void.

Sec. 7408 Hemingway's Code.

4625. Criminal to abuse teachers or disturb school. — A
parent, guardian, or other person who shall insult or abuse
any teacher in the presence of the school shall be guilty of a
misdemeanor, and be liable to a fine of not less than ten dol-
lars nor more than fifty dollars. Any person who shall wil-
fully disturb any public school or any public school meeting
shall be guilty of a misdemeanor, and liable to a fine of not
less than ten dollars nor more than fifty dollars.

Sec. 7409 Hemingway's Code.

4626. Officers, trustees and teachers not to speculate in
books. — If a public officer of this state, or of any district,
county, county district, city, town, or village thereof, or any
teacher or trustee of any public school shall be interested in
the sale, proceeds or profits of any books, apparatus, or fur-
niture to be used in any public school of this state, he shall be
guilty of a misdemeanor, and, on conviction, shall be fined not
less than two hundred dollars nor more than five hundred
dollars.

Sec. 7410 Hemingway's Code.

4627. Outstanding school indebtedness. — In any county
where there are outstanding school warrants or indebtedness

68 PUBLIC SCHOOLS

due teachers for teaching in the public schools, the board of
supervisors shall inquire into the justness of such unpaid
claims, and if they believe it to be right and proper for the
same to be paid, they may take up and cancel the same and
cause a warrant to issue to the proper person on any county
funds in the treasury for such amount as they may determine
to be justly due. In counties where such outstanding indebt-
edness exists, and no funds on hand to pay it, the boards of
supervisors of such counties may make a special levy, not to
exceed one mill in any one year to pay the same.

Code 1906.

Code 1906, § 4627, is mandatory, and requires the board of super-
visors to provide for the payment of warrants issued upon pay cer-
tificates attested by the superintendent of education under § 4566.
Hebron Bank v. Lawrence County, 109 Miss. 397, 69 So. 209.

Sec. 7411 Hemingway's Code.

4628. To pay school teachers where deficit occurs in school
funds in certain cases. — In any county where public schools
have been taught and the teachers have not all been paid,
and the sureties on the official bond of the county superin-
tendent of public education have paid the full penalty of the
bond into the county treasury, any teacher who has taught
a school under employment of the county superintendent, and
has not been paid in full for services as such teacher, may
file with the board of supervisors a claim against the county
for the balance due, and the board of supervisors may examine
all such claims and allow such as it may deem just, and au-
thorize the same to be paid out of any general county funds
in the hands of the county treasurer.

Sec. 7412 Hemingway's Code.

4629. School libraries. — When any public free school in
this state shall raise ten dollars by subscription or otherwise
for a library for such school, and shall furnish a suitable book-
case with lock and key, the superintendent of education of
the county where such subscription is raised may issue his
certificate for ten dollars in favor of said school, to be paid
out of the common-school fund of that county ; but in no case
shall the amount given by the county in any year exceed one
hundred dollars; provided, that no school shall receive a
second donation from the school fund for library purposes so
long as there are any new applications from schools that have
not been supplied.

Sec. 7413 Hemingway's Code.

4630. Library commission. — The county superintendent of
education shall name two first-grade teachers, who, together
with the county superintendent of education, shall constitute

PUBLIC SCHOOLS 69

a county library commission, and it shall be the duty of this
commission to name a list of books suited for school libraries,
and all books purchased under this provision shall be selected
from this list. It shall be the duty of this commission to make
rules and regulations to govern and control the use of such
libraries in the county, and shall name a local manager for
each library, who shall make a report every year to the coun-
ty commission of all books purchased during the year, of the
money on hand at the time of the report, together with the
amount expended for library purposes. The county superin-
tendent shall keep a list of books purchased by the several
libraries of his county and make a library report to the state
superintendent of education biennially with the county school
report.

CHAPTER 29.

LAWS 1917.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That the state of Mississippi hereby accepts the
provisions of the acts of congress, approved February 23, 1917,
entitled : ' ' An act to provide for the promotion of vocational
education to provide for co-operation with the states in the
promotion of such education in agriculture and trades and
industries; to provide for co-operation with the states in the
preparation of teachers of vocational subjects; and to appro-
priate money and regulate its expenditures ; " (Public No. 347,
64th congress). The good faith of the state is hereby pledged
to make available for the several purposes of said act funds
sufficient at least to equal the sums allotted, from time to time,
to this state from the appropriations made by said act and
to meet all conditions necessary to entitle the state to the
benefits of said act.

State treasurer made custodian of funds.

Sec. 2. The state treasurer is hereby designated custodian
of funds allotted to this state from the appropriations made
by said act, and he shall receive and provide for the proper
custody and disbursement of the same in accordance with
said act.

State board of vocational education created; to co-operate with federal
board.

Sec. 3. There is hereby created a state board for vocational
education, to consist of the state superintendent of education,
assistant superintendent of education, the acting supervisor of
white rural schools, the acting supervisor of negro rural schools,
and one citizen of the state, to be appointed by the governor, by
and with the advice and consent of the Senate, who shall hold

70 PUBLIC SCHOOLS

office for a term of four years, and until his successor is ap-
pointed and has qualified. Members of the board shall receive
no salary nor traveling expenses, save the member appointed by
the governor, who shall receive actual and necessary traveling
expenses in attending board meetings. It shall be the duty of
said board, and it is hereby empowered to co-operate, as pro-
vided in and required by the aforesaid act of congress, with the
federal board for vocational education in the administration of
the provisions of said act and to do all things necessary to
entitle the state to receive the benefits thereof.

Sec. 4. That this act take effect and be in force from and
after its passage.

CHAPTER 256.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That the board of trustees of any public school
in the state may in their discretion, maintain evening or part-
time schools for persons in need of such instruction and pay
for same from school funds raised by local levy.

Sec. 2. That the state board of vocational education is
hereby authorized and empowered to establish qualifications
for and to examine and legally license all teachers who are
to be employed in vocational schools or departments estab-
lished under the provisions of the act of congress approved
February 23, 1917, entitled, "An act to provide for the pro-
motion of vocational education, etc."

Sec. 3. That this act take effect and be in force from and
after its passage.

CHAPTER 253.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That the boards of supervisors of the various
counties in Mississippi, which are entitled to share in the
distribution of the Chickasaw school funds, be and are hereby
authorized and empowered to make settlement with any sep-
arate school district in said counties which has received more
or less than its proportionate part of said funds and the boards
of supervisors may appropriate any money now on hand or
that may be allotted to said counties in the future in the pay-
ment of any amount due to such separate school districts.

Sec. 2. That this act take effect and be in force from and
after its passage.

PUBLIC SCHOOLS 71

CHAPTER 250.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That all bonds, notes, certificates of indebtedness
and other obligations, which have been issued or ordered is-
sued, by any and all consolidated school districts or separate
school districts, under and by authority of any general, special,
local or private act of the legislature be, and they are hereby
in all things made valid and legal, and are binding obligations
on the consolidated school district or separate school districts
issuing the same, or ordering the same to be issued, regardless
of defects, errors, omissions, or informalities in their issuance
or orders of issuance, or in the organization of such school
districts, or the failure of such consolidated school districts
or separate school districts to comply with any law or part of
law providing for their issuance, or in the creation or organi-
zation of such district.

Sec. 2. That this act shall apply to all such bonds, notes,
certificates of indebtedness, or other such obligations already
issued and outstanding, or ordered to be issued, and such ob-
ligations, bonds, notes and certificates of indebtedness are
hereby made in all things valid and legal, provided, it shall
not apply to bonds over which there is now a judicial contest
and upon which no money has been paid.

Sec. 3. This act shall take effect and be in force from and
after its passage.

CHAPTER 234.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That any county in this state owning lands or
houses which have been used for school purposes, and in
which consolidated school districts have been organized em-
bracing the lands or houses heretofore so used, or where con-
solidated school districts may hereafter be organized, is here-
by fully authorized and empowered upon petition of a ma-
jority of the qualified electors residing in the territory which
comprised the former school district, acting through its board
of supervisors, to sell and convey any or all of said property
upon such terms as the board of supervisors may determine
to be to the best interest of the county, and to appropriate
the proceeds of said sales to the support and maintenance of
the consolidated school which has been or which may be es-
tablished in the district where said lands or houses may be
situated, or to convey said property directly to said consoli-

72 PUBLIC SCHOOLS

dated schools for the support and maintenance thereof, the
provisions of this act shall operate to validate all sales hereto-
fore made.

Sec. 2. This act shall take effect from and after its passage.

CHAPTER 258.

LAWS 1918.

AN ACT to compel the attendance at school of children within certain
ages in the state of Mississippi; to fix exceptions to such provisions;
to provide means for the enforcement of this act; to require reports
from private or parochial schools; to make it unlawful for any
parent, guardian or other person occupying the place of parent to
violate the provisions of this act.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That on and after the first day of September,
1918, every parent, guardian or other person in the state of
Mississippi having control or charge of any child or children
between the ages of seven and fourteen years, inclusive, shall
be required to send such child or children to a public school
or to a private, denominational or parochial school taught by
a competent instructor, and such child or children shall attend
school for at least sixty days during each and every scholastic
year; provided that the county school board, or in case of a
separate school district, the board of trustees shall have power
to reduce the period of compulsory attendance to not less than
forty days for any individual school; provided further, that
the period of compulsory attendance for each school shall
commence at the beginning of the school, unless otherwise or-
dered by the county school board or by the board of trustees
of a separate school district, as the case may be.

Sec. 2. That any and all children who have completed the
common school course of study or the equivalent thereof, shall
be exempt from the provisions of this act, and in case there
be no public school within two and one half miles by the
nearest traveled road of any person between the ages of seven
and fourteen years inclusive, he or she shall not be subject
to the provisions of this act unless public transportation
within reasonable walking distance is provided; provided
further, that the teacher of any school with the approval of
the trustees of the school shall have the authority, in the ex-
ercise of their discretion, to permit the temporary absence of
children from the school, between the ages of seven and four-
teen, inclusive, in extreme cases of emergency or domestic
necessity.

Sec. 3. That any and all children who are physically or
mentally incapacitated for the work of the school are exempt

PUBLIC SCHOOLS 73

from the provisions of this act, but the school authorities shall
have the right, and they are hereby authorized, when such
exemption, under the provisions of this act, is claimed by any
parent, guardian or other person having control of such child
or children, to require from a practicing physician a properly
attested certificate that such child or children should not be
required to attend school on account of some physical or
mental condition which renders his attendance impractical or
inexpedient.

Sec. 4. That in case where because of extreme poverty, the
services of such children are necessary for their own support,
or the support of their parents, as attested by an affidavit of
said parents, the teacher shall, with the consent of the trustees,
spare such child or children from attendance ; or in case where
such parent, guardian or other person having control of the
child, shall show before an officer by affidavit, that the child
is without necessary books and clothing for attending school
and that he is unable to provide them, the said child may be
excused from attendance, until through charity or other
means, books and clothing have been provided, and thereafter
the child shall no longer be exempt from such attendance.

Sec. 5. That it shall be the duty of the principal teacher
of all schools to report to the county superintendent all cases
of non-enrollment and non-attendance in accord with section
1 of this act. In all cases investigated by the county super-
intendent, where no valid reason for non-enrollment or non-
attendance is found, it shall be the duty of the county super-
intendent to give written notice to the parent, guardian or
other person having control of the child, which notice shall
require the attendance of said child at such school within three
days from date of said notice.

Sec. 6. That if within three days from date of service of
such notice, the parent, guardian or other person having con-
trol of such child, does not comply with the requirements, the
county superintendent may, if he deem it necessary, make
affidavit against such parent, guardian or other person hav-
ing control of such child, before any justice of the peace,
mayor or police justice of any town or city as the case may
be, in which such offense shall be committed, which court is
hereby clothed with jurisdiction over all offenders with full
power to hear and try all complaints, and on conviction,
punish by a fine of not less than one dollar ($1.00) nor more
than ten dollars ($10.00) for each offense and enforce their
collection.

Sec. 7. All school officers, including those in private, de-
nominational or parochial schools in this state, offering in-
structon to pupils within the compulsory attendance ages, are

74 PUBLIC SCHOOLS

hereby required to make and furnish all reports that may be
required by the state superintendent of education and by the
county superintendent of education, or by the trustees of any
municipal separate school district, with reference to the
working of this aet. Every teacher employed in the public
schools of the state of Mississippi is hereby required to make
a report to the county superintendent or principal of a mu-
nicipal separate school district in which he may be employed,
showing the names and addresses of all pupils who have been
truant or habitually absent from school during the previous
month, and stating the reason for such truancy or habitual ab-
sence, if known.

Sec. 8. That in case any pupil has become habitually truant
or a menace to the best interests of the school which he is
attending, or should attend, then it shall be the duty of the
teacher to report such fact and condition to the parent, guard-
ian or other person having control of such child, who shall be
held liable, under the provisions of this act, for the regular
attendance and good conduct of such child, unless such pa-
rent, guardian or other person having control of such child
shall state in writing to the teacher that he or she is unable
to control such child, whereupon said teacher shall proceed
against such incorrigible pupils as a disorderly person before
a court of competent jurisdiction, and said child upon convic-
tion may be sentenced to any custodial institution that may
be open to such children. If there be no available institution,
then such incorrigible child shall be expelled from school.

Sec. 9. That in order that the provisions of this act may be
more definitely enforced, the county superintendent of educa-
tion shall, not later than ten days before the annual com-
pulsory attendance term, furnish to each principal of a rural
school and to the superintendent or principal teacher of the
school or schools in any municipal separate district, a list of
all the children from seven to fourteen years of age, inclusive,
who should attend the school or schools under the charge of
t'"> said principal teacher of the rural school, or of the super-
intendent or principal of the school or schools in any muni-
cipal separate district, as the case may be, giving the name,
date of birth, age, race, sex and estimated distance from the
school house by the nearest traveled road, the name and ad-
dress of parents, guardian or other person in parental rela-
tionship.

Sec. 9. (a) The provisions of this act shall not be applicable
to any county in the state, unless and until an election shall
have been held to determine whether or not the people of said
county, or of any supervisors district, separate school district
or consolidated school district shall vote to come in under
same.

PUBLIC SCHOOLS 75

Sec. 9. (b) The board of supervisors of any county shall,
upon petition signed by twenty per cent of the qualified elec-
tors of said county, or twenty per cent of the qualified electors
of a supervisors district, or by twenty per cent of the qualified
electors of any separate school district, or by twenty per cent
of the qualified electors of any consolidated school district of
said county, order an election to be held in the county at
large, or in a separate school district, or in a consolidated
school district, as the case may be, to determine the will of
the people as to whether said county or separate school dis-
trict, or consolidated school district shall come under the
provisions of this act. In the event a majority of those voting
in said election shall vote for compulsory school attendance,
then the provisions of this act shall apply, and not otherwise.

Sec. 9. (c) Provided, that in any county, or supervisors dis-
trict, or consolidated school district, or separate school dis-
trict where a special election shall have been held and carried
in favor of the provisions of this act, no subsequent election
on the subject of compulsory school attendance shall be held
within four scholastic years after the date of such election.

Sec. 10. That this act take effect and be in force from and
after September 1, 1918.

CODE 1906.
Sec. 4639 Hemingway's Code.

2272. Doors to open outwardly.— All the doors for ingress
and egress to public schoolhouses, theatres, assembly rooms,
halls, courthouses, churches, factories with more than twenty
employes, and all other buildings and places of public resort
whatever, where people are wont to assemble, excepting school-
houses, courthouses, and churches of one audience-room, and
that on the ground floor, shall be so swung as to open outward-
ly from the audience-rooms, halls, or workshops; but such
doors may be hung on double- jointed hinges, so as to open
with equal ease outwardly or inwardly.

76 COUNTY SUPERINTENDENT

COUNTY SUPERINTENDENT.

Sec. 7566 Hemingway's Code.

4809. Designation and qualifications. — There shall be a
superintendent of public education in each county, who shall
be elected by the people, whose term of office shall be for
four years. Before any one shall be elected to the office
he shall have attained the age of twenty-one years, and shall
be a qualified elector and a resident citizen of the state for
four years and of the county for two years immediately pre-
ceding his election, and shall have passed the examination
provided for in the section following the next one and have
received a certificate accordingly.

Sec. 7567 Hemingway's Code.

4810. Elected in all counties. — County superintendents of
education shall be elected at the same time and in the same
manner as other county officers are elected, and a vacancy
occurring in said office shall be filled in the manner provided
by law for the filling of vacancies in other county offices.

CHAPTER 249.

LAWS 1912.
Sec. 7568 Hemingway's Code.

4811. How examined. — All applicants or candidates for the
office of county superintendent shall pass an examination on
the branches required for the first grade license, and in ad-
dition on the art of teaching. The examination shall be held
in the county of the applicant, and at such time as may be
suggested by said applicant, by the state board of examiners,
under regulations passed by the state board of education, and
the result of such examination shall be speedily made known
to said applicant by said board of examiners. Candidates or
applicants who prefer to take the examination at Jackson can
do so by giving the state superintendent of education ten days'
notce, by registered letter, and having taken said examination
at Jackosn the applicant shall, as speedily as practicable, be
informed of the result thereof.

CODE 1906.

Sec. 7569 Hemingway's Code.

4812. Oath of office and bond. — The county superintendent
shall, before entering upon the duties of his office, take the
oath of office, and give bond with two sureties, in the penal
sum of not less than five hundred dollars nor more than two

COUNTY SUPERINTENDENT 77

thousand dollars, payable to the state, conditional for the
faithful performance of his duties, the amount of said bond
to be fixed by the board of supervisors ; and in case the super-
intendent fail to give the required bond within thirty days
after his term of office begins, when appointed, the office

shall be vacant.

Sec. 7570 Hemingway's Code.

4813. Shall have an office. — The county superintendent
shall keep an office at the county seat of the county, which
shall be provided for him, and furnished with such furniture
as may be needed, by the board of supervisors, and allowed
and paid for out of the school fund.

Schools, see § 7576.

Sec. 7571 Hemingway's Code.

4814. Shall keep records. — The county superintendent
shall keep a record of all of his official acts, in the manner
and form prescribed by law, and conform the manner of its
keeping to the recommendations and directions of the state
superintendent of education; and he shall preserve faithfully
all reports of school officers and teachers, and, at the close
of his official term, deliver to his successor all records, books,
documents, and papers belonging to the office, taking a re-
ceipt for the same, which shall be filed in the office of the
clerk of the circuit court; and he shall perform such other
duties as may be prescribed by law.

Sec. 7572 Hemingway's Code.

4815. Not to teach school. — A county superintendent of
public education shall not teach in any school during his term
of office.

Sec. 7573 Hemingway's Code.

4816. Office expenses. — The cost of the necessary books,
fuel, office furniture, printing, stationery, and postage used
by the superintendent of education in the discharge of his of-
ficial duties, shall be paid for on the allowance of the board
of supervisors out of the county treasury; but an allowance
therefor shall not be made until an itemized account is pre-
sented, with the affidavit of the superintendent attached
averring its correctness.

Sec. 7574 Hemingway's Code.

4497. County superintendent-— Duties generally. — It shall
be the duty of the county superintendent:

(a) To employ for each school under his supervision, such
teacher or teachers as may be recommended by the local trus-
tees; but the teacher shall hold his certificate of proper date
and grade and execute the required contract;

78 COUNTY SUPERINTENDENT

(b) To examine the monthly reports of teachers and require
the signatures of a majority of the trustees certifying to the
accuracy of the report, and upon the report thus certified to
issue a pay certificate showing the amount of salary due, and
the scholastic month for which it is issued. The pay certifi-
cate must be in the form prescribed by the board of education,
and a stub duplicate made out and preserved in his office;

(c) To fix the salaries of teachers and to make contracts
with them;

(d) To enforce the course of study adopted by the board
of education, and the uniform text-books adopted for the
county ;

(e) To enforce the law and the rules and regulations in
reference to the examination of teachers ;

(f) To visit the schools and require teachers to perform all
their duties;

(g) To select and employ teachers for public schools whose
trustees fail to report a selection within ten days of the time
fixed by the county school board for the beginning of the
term;

(h) To administer oaths in all cases of teachers, trustees,
and others relating to the schools, and to take testimony in
appeal cases under the school law;

(i) To keep on file and preserve in his office the biennial
report of the superintendent of public education and all cir-
cular letters sent out by him, and a copy of the school law;

(j) To distribute promptly all reports, laws, forms, circu-
lars, and instructions which he may receive for the use of
school officers and teachers, from the state superintendent of
public education;

(k) To carefully preserve all reports of school officers and
teachers, and, at the close of the term of office, deliver to his
successor all records, books, documents, and papers belonging
to the office, taking a receipt for the same, which shall be
filed in the office of the chancery clerk;

(1) To make annually, on or before the first day of October,
a written report to the board of supervisors and mayor and
board of aldermen of the municipality constituting a separate
school district, showing the name, sex and color of the teachers
employed during the preceding scholastic year, the number of
months taught by each, and the aggregate amounts of pay
certificates issued to each and to all; and the report shall be

COUNTY SUPERINTENDENT 79

filed in the office of the chancery clerk or the municipal clerk,
as the case may be, and be compared by said officer with the
pay certificates of the county superintendent for the period
embraced in the report;

(m) To file with the chancery and municipal clerks, before
issuing any pay certificate for the current term, lists of the
teachers employed, and the monthly salary of each as shown
by the contract, and to add to the list any teachers subse-
quently employed;

(n) To keep in his office and carefully preserve the public
school record provided; to enter therein the proceedings of
the county school board, the decisions of appeal cases, and
other official acts; a list of the teachers examined, licensed,
and employed; and, within ten days after they are rendered,
to record the data required from the monthly and term re-
ports of teachers, and the annual reports of county and sep-
arate school district treasurers; and from the summaries of
records thus kept, to render, on or before the twentieth of
October, an annual report to the state superintendent in the
form and containing the particulars required;

(o) To observe such instruction and regulations as the
board of education may from time to time prescribe, and
make special reports to those officials whenever required; and

(p) To perform such other duties as may be required of
him by law or the rules and regulations of the board of educa-
tion; and in no case shall he receipt for a teacher's warrant
or collect the money on the same.

Code 1906.

A false report of a public school, purporting to be signed by one
who had neither been elected by the trustees nor appointed nor con-
tracted with by the superintendent as a teacher of the school, did not
authorize the superintendent to issue a pay warrant thereon, and
hence, though false in fact, and though the superintendent issued a
certificate for the payment of salary thereon, could not be the subject
of forgery. Moore v. State, 107 Miss. 181, 65 So. 126.

Since the county superintendent has control of the educational sys-
tem of the county and is required to employ teachers selected by the
local trustees and enter into contracts with them and pay for their
services, neither he now his bondsmen are liable for errors of judg-
ment and discretion in the absence of fraud, though by reason of such
errors he paid to the teachers, etc., a greater remuneration than they
were entitled to. State v. Green, 111 Miss. 32, 71 So. 171.
Sec. 7373 Hemingway's Code.

4557. Monthly salaries to be proportionate to the whole
school fund. — Superintendents shall fix the salaries of teachers
so that the amount to be paid in salaries for maintaining all
the schools one month shall not exceed that fractional part of
the whole school fund which one month is of the whole num-
ber of months the schools are to be taught.

80 COUNTY SUPERINTENDENT

CHAPTER 247.

LAWS 1912.
Sec. 7374 Hemingway's Code.

4558. When assistants allowed. — Superintendents shall
have power to allow one teacher to every fifty educable chil-
dren in a school district. When a school is in operation, and
has more than thirty-five children in actual attendance, in as
many as five different grades, none of which shall contain less
than three pupils, upon application of the trustees of the
district for an assistant the superintendent shall visit the
school and, after conferring with the trustees and examina-
tion of the daily register, he may grant one assistant if, in his
judgment, such is needed. In the same manner he may grant
the second assistant, where there is in actual attendance as
many as seventy pupils in as many as eight different grades.
But in schools of over one hundred in actual attendance only
one teacher shall be allowed for every thirty pupils. In all
cases those pupils who are entitled to attend the public schools
in the district shall be counted in making up the actual at-
tendance.

Code 1892.

An indictment against a teacher for making a false report to the
county superintendent for the second month, upon which he was al-
lowed a second assistant teacher for the third month, and charging
that with intent to defraud he obtained a teacher's pay certificate for
such assistant, is demurrable in the absence of a charge that the at-
tendance on the school for the third month did not entitle him to the
second assistant during such month and that the certificate was not
compensation for services actually rendered by such assistant during
the third month. State v. Mortimer, 82 Miss. 443, 34 So. 214.

CHAPTER 182.

LAWS 1916.
Sec. 7575 Hemingway's Code.

4498. County superintendent — Penalty for failure to re-
port.— 1. If a county superintendent fails to make his annual
report to the state superintendent by the fifteenth day of Sep-
tember, he forfeits fifty dollars on his salary; and the board
of supervisors, upon receiving from the state superintendent
of public education notice of such failure, must deduct the
amount forfeited from his salary.

CODE 1906.

Sec. 7576 Hemingway's Code.

4499. County superintendent — Office days. — The county
superintendent shall be at the county seat on Saturdays of

COUNTY SUPERINTENDENT 81

each scholastic month of the term to receive monthly reports,
issue pay certificates, and attend to other official duties. If
absent, without leave previously granted by the board of
supervisors, the board shall deduct from his salary ten dollars
for each day's absence, unless prevented by illness or other
unavoidable cause. And when there are two judicial districts
in his county, the superintendent shall alternate, going to the
courthouse of the districts alternately.
Officers, see §§ 2820, 7570.

Sec. 7577 Hemingway's Code.

4500. County superintendent — Reports. — The county super-
intendent shall make to the board of supervisors and mayor
and board of aldermen of a municipality constituting a sep-
arate school district, reports for each scholastic month, which
shall show the amount of pay certificates issued for that
month, together with a statement showing the schools visited,
the date of visitation, and the time he spent in each school
during his visit ; and it shall be unlawful to allow the salary of
the superintendent until said report be on file.

CHAPTER 183.

LAWS 1916.
Sec. 7578 Hemingway's Code.

4501. County superintendent — Salary, how paid — Must de-
vote time to duties. — 1. The salary of the county superinten-
dent shall be paid out of the county common-school fund, on
allowance of the board of supervisors after it has approved
the report required to be made to it every month by the
superintendent, and the salary is fixed at five per centum of
the total school fund received by the county and separate
school districts annually; but a county superintendent shall
not receive more than eighteen hundred dollars nor less than
one thousand dollars per annum, and in fixing the salary for
any year it shall be based on the amount of school fund re-
ceived by the county and separate school districts, and other
taxing districts, during the preceding scholastic year; pro-
vided, further, that the board of supervisors may fix the sal-
ary of the county superintendent at any amount greater than
five per centum of the school fund as hereinbefore stated not
to exceed eighteen hundred dollars and in no case shall the
county superintendent pursue any other secular profession or
business of a public nature, but shall devote his entire time
to the duties of his office. Municipalities constituting sep-
arate school districts and rural separate school districts shall
pay their proportionate part of salary, estimated upon the
amount of funds received from the state distribution. Pro-

82 COUNTY SUPERINTENDENT

vided that the provisions of this act requiring the time of the
county superintendent may in the discretion of the board of
supervisors of any county be suspended until January 1, 1920.

Sec. 7579 Hemingway's Code.

4502. County superintendent — Visiting schools. — The coun-
ty superintendent shall visit all the schools in his county at
least once during the term. On the first visit he shall remain
at least two hours, and shall, in county schools, correct any
deficiency which may exist in the classification of the pupils
or the government of the school; and in separate school dis-
tricts he shall call the attention of the trustees to such de-
ficiencies for correction by them. He shall note down the con-
dition and value of the building and lot, and of the furniture,
the methods of instruction, the branches taught, and his esti-
mate of the ability of the teacher to conduct a school. He shall
give such directions and make such recommendations as he
deems expedient and needful to secure the best results in the
instruction of the pupils, and shall examine the classes to see
that thorough work is done. He shall urge patrons to pro-
vide their children with comfortable and well-furnished school-
houses. For every school not so visited, the board of super-
visors must, on proof thereof, deduct ten dollars from his
salary.

Sec. 7580 Hemingway's Code.

4503. County superintendent — To settle disputes in schools.
— In all controversies arising under the school law, the opin-
ion and advice of the county superintendent shall first be
sought, from whose decision an appeal may be taken to the
state board of education upon a written statement of the facts,
certified by the county superintendent or by the secretary of
the trustees.

Code 1906.

Code 1906, §§ 4487, 4503, do not exempt the school authorities, acting
beyond the scope of their powers and in violation of law, from inter-
ference by the courts, and equity has jurisdiction to enjoin the trustees
and the teacher of a school district from enforcing an invalid rule.
Hobbs v. Germany, 94 Miss. 469, 49 So. 515.

Sec. 7581 Hemingway's Code.

4504. County superintendent — May suspend or remove a
teacher or trustee — Fill vacancies. — For incompetency, neglect
of duty, immoral conduct, or other disqualification, the county
superintendent may suspend or remove any teacher or trus-
tee from office, except in separate school districts. And for
the purpose of conducting inquiries and trials, the superin-
tendent has the same power as a justice of the peace to issue
subpoenas for witnesses, and to compel their attendance and

COUNTY SUPERINTENDENT 83

the giving of evidence by them. When from such cause, or
from' death, resignation, or other cause, a vacancy in either
of the above-named offices occurs, it shall be the duty of the
county superintendent, within ten days after the vacancy
occurs, or as soon thereafter as practicable, to supply the same
by appointment.

Code 1892.

A public school teacher, under the school laws, has a valid right,
for the protection of which he is entitled to a mandamus. Section
2533 does not deny such remedy. Brown v. Owen, 75 Miss. 319, 23
So. 35.

Though the county superintendent, under this section, may in proper
cases suspend or remove a teacher, yet he can do so only for the
causes and in the mode herein prescribed. Brown v. Owen, 75 Miss.
319, 23 So. 35.

In a proceeding to suspend or remove a teacher by the county su-
perintendent, the proceeding must be upon specific written charges,
after due notice. Brown v. Owen, 75 Miss. 319, 23 So. 35.

Sec. 7582 Hemingway's Code.

4505. County superintendent — May revoke teachers' license.
—For intemperance, immoral conduct, brutal treatment of a
pupil, or other good cause, the county superintendent may re-
voke the license of a teacher ; but the teacher shall be allowed
an appeal to the state board of education, to whom statements,
under oath, of the facts may be made by the superintendent
and other interested parties. The teacher must be notified of
the charges ten days before the trial, by the county superin-
tendent.

Sec. 7583 Hemingway's Code.

4506. County superintendent — Duty to successor. — The
county superintendent, when he resigns, vacates, is removed,
or goes out of office, shall, within ten days thereafter, deliver
to his successor, or to the clerk of the chancery court for him,
all money, property, books, effects or papers remaining in his
hands.

Sec. 7584 Hemingway's Code.

4507. County superintendent— Record of names of trustees
— Official notices. — The county superintendent shall attend at
his office on the fourth Saturday in September of every year
to receive the certificates of election of trustees. He shall
make a record of the names of trustees, showing the districts
in which they were elected, and the post, off ice of each. He
shall at that time deliver to the trustees of each district such
blanks as they will need for the coming school year, and give
them such information with regard to their duties as may be
required. He shall address all official correspondence to the
trustees ; and notice to them shall be regarded as notice to the
people of the district, and it shall be the duty of the trustees
to notify the people.

84 COUNTY SUPERINTENDENT

Sec. 7585 Hemingway's Code.

4508. County superintendent — Not to speculate in teachers'
warrants. — Any county superintendent, or other county officer,
his agent or deputy, who shall purchase any teacher's war-
rant or pay certificate at less than the amount for which the
same shall be drawn, or at a discount, or shall cause another
person so to purchase the same, or shall in any way, directly or
indirectly, realize a profit from any transaction in teachers'
warrants or pay certificates, or any trade or speculation there-
in, or loan or advance thereon, shall be guilty of a misde-
meanor, and, upon conviction, shall be fined not less than one
hundred dollars nor more than five hundred dollars, to be de-
ducted from any money due him as salary, or recoverable on
his bond ; and one-half of said fine shall be paid to the person
giving information of the misdemeanor, and the guilty super-
intendent shall be removed from office.

Crimes and Misdemeanors, see § 1048.
County Treasurers, see § 4160.

Sec. 7328 Hemingway's Code.

County superintendent to secure placards. — 2. It shall be
the duty of the county superintendent of education in each
county to secure from the state board of education such pla-
cards and have them placed on the walls of the public school-
rooms in the various counties. (See Chap. 123, Laws 1910,
Sec. 2.)

Sec. 7586 Hemingway's Code.

4509. Deputies — When appointed — Compensation. - The
county superintendent of education may, when prevented by
sickness from attending to the duties of the office, appoint a
deputy who shall be authorized to discharge all duties per-
taining thereto. The qualifications of the deputy shall be the
same as the qualifications of a first grade teacher. The deputy
superintendent shall be paid not less than seventy-five per
centum of the salary the county superintendent shall receive
for an equal period of time, and shall be paid out of the salary
of the superintendent of education.

CHAPTER 171.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That chapter 188, of the acts of 1914 be amended
so as to read as follows:

Boards of supervisors of this state may offer as prizes to
corn clubs of the public schools of the county an amount of

COUNTY SUPERINTENDENT 85

money not exceeding fifty dollars, ($50.00) in any one year in
any county. The sum may be divided into three prizes of
twenty five dollars for the first prize, fifteen dollars for the
second prize, and ten dollars for the third prize, or in that
proportion.

Sec. 2. That county superintendents of education, with the
approval of the county boards of examiners, may appropriate
an amount of money not exceeding seventy five ($75.00) dol-
lars, in any one year, in any county from the county school
fund, in addition to that provided under section 1 of this act,
to be offered as prizes to the corn clubs, pig clubs, baby beef
clubs or other agricultural clubs that may hereafter be organ-
ized to the public schools of the county.

That said sum to be divided into prizes in such proportion
for the corn clubs, pig clubs, baby beef clubs, or other agri-
cultural clubs that may hereafter be organized, as the county
superintendent, with the approval of the county board of ex-
aminers, may see fit.

Sec. 3. That this act take effect and be in force from and
after its passage.

Chap. 184, Laws 1916. Sec. 7337 Hemingway's Code.

4517. Teachers' register and outline map.— It shall be the
duty of the county superintendent to prepare, on township
blanks, an outline map, showing the numbers of the sections
and parts of sections embraced in each school district outside
of the separate school district, and to paste the same in the
school register for the district before delivering it to the
teacher thereof. It shall be unlawful to issue a pay-eertifi-
cate to the teacher of any district not established and recorded
in accordance with the provisions of the law.

STATE SUPERINTENDENT

STATE SUPERINTENDENT.

CODE 1906.
Sec. 7593 Hemingway's Code.

4817. Official bond.— The superintendent of public educa-
tion shall keep his office in the capitol, and shall give bond in
the penalty of five thousand dollars, with two or more suf-
ficient sureties, to be approved by the governor, conditioned
according to law; and said bond, when approved, shall be
filed and recorded in the office of the secretary of state.

Sec. 7594 Hemingway's Code.

4818. Official bond— Seal* of office.— He shall provide and
keep a seal having around the margin the words, " State Sup-
erintendent of Public Education of Mississippi, " with such
device in the center as he may select; and all of his official
acts shall be authenticated thereby.

Sec. 7595 Hemingway's Code.

4819. General supervision of schools — To preside — To visit
schools. — The superintendent of public education shall have
general supervision of the public free schools, and may pre-
scribe such rules and regulations for the efficient organiza-
tion and conducting of the same as he may deem necessary.
He shall preside over all meetings of the board of education,
and shall solicit reports from all the public and private edu-
cational institutions of the state.

Sec. 7596 Hemingway's Code.

4820. To preserve books. — He shall have bound and pre-
serve in his office, as the property of the state, all such school
documents, from other states and governments, books or
pamphlets on educational subjects, school-books, apparatus,
maps, charts, and the like as shall be or have been purchased
or donated for the use of his office.

Sec. 7597 Hemingway's Code.

4821. To apportion the state school fund. — The superinten-
dent of public education shall apportion the state common-
school fund to the several counties and separate school dis-
tricts. The apportionment shall be made semiannually, and
shall be based upon the number of educable children enum-
erated, as provided by law, in the counties and separate school
districts respectively. He shall furnish the auditor with a
certified copy of the apportionment, and he shall also give
a copy thereof to the state treasurer, the superintendent of
public education of each county, each county treasurer, and
treasurer of each separate school district.

STATE SUPERINTENDENT 87

Sec. 7598 Hemingway's Code.

4822. Not to be interested in school books.— The superin-*
tendent of public education shall not act as agent for any
author, publisher, or bookseller, nor directly or indirectly re-
ceive any gift, emolument, or reward for his influence in
recommending or procuring the use of any books, school ap-
paratus, or furniture, of any kind whatever in any of the
public schools of the state; and should the superintendent of
public education violate this section, he shall be removed from
office, and forfeit all moneys due him from the state.

Sec. 7599 Hemingway's Code.

4823. Reports to be made to the legislature. — On or before
the tenth day of January in each year in which the legislature
meets in regular or special, not extraordinary, session, the
superintendent of public education shall prepare and have
printed a biennial report, showing —

(a) The receipts and disbursements of the common-school
fund;

(b) The number of school districts, schools, teachers em-
ployed, and pupils taught therein, and the attendance of pu-
pils, and studies pursued by them;

(c) The financial condition of the schools, their receipts and
expenditures, value of schoolhouses and property, cost of tui-
tion, and salaries of teachers;

(d) 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; and

(e) Such general matters, information, and recommenda-
tions relating to the educational interests as he may deem
important.

CHAPTER 192. ^ ;

LAWS 1916.
Sec. 7600 Hemingway's Code.

4824. To keep record of official acts — May employ steno-
grapher and assistant. — 1. The state superintendent of public
education shall keep a complete record of all his official acts,
and the acts of the board of education. He may employ two
stenographers and one assistant, who shall be under his control
and direction, and may be removed by him for cause, and
others employed; provided, that the assistant's salary shall
be eighteen hundred dollars ($1,800.00) and the clerks' sala-
ries shall each be nine hundred dollars ($900.00) per year.

88 STATE SUPERINTENDENT

CODE 1906.

Sec. 7601 Hemingway's Code.

4825. A trustee of university and colleges. — The state
superintendent of education shall be and is hereby made a
trustee, ex officio, of the state university, the agricultural and
mechanical college, the industrial institute and college, and
Alcorn A. and M. college. And he shall have the same powers
and perform the same duties as other trustees of said institu-
tions of learning.

Sec. 7602 Hemingway's Code.

4492. State superintendent — To require reports from county
superintendents. — The superintendent of public education shall
require annually, and as often besides as he may deem proper,
of the county superintendents detailed reports of the educa-
tional business of his county, and shall give him all necessary
instructions.

Sec. 7603 Hemingway's Code.

4493. State superintendent — To prepare, have printed and
furnish the laws, blanks and books to school officers.— The

superintendent of public education shall prepare, have printed,
and furnish all officers charged with the administration of
the laws pertaining to the public schools, such blank forms
and books as may be necessary to the proper discharge of their
duties, and the questions for the examination of teachers. He
shall have the laws pertaining to the public schools printed in
pamphlet form, and publish therein forms for conducting
school business, the rules and regulations for the government
of schools that he or the board of education may recommend,
and such other matters as may be deemed worthy and of pub-
lic interest pertaining to the subject.

Sec. 7604 Hemingway's Code.

4494. State superintendent— Conference with county sup-
erintendents.— The state superintendent may meet the county
superintendents of each judicial district or of two or more
districts combined, at such time and place as he shall appoint,
giving them due notice of such meeting. The objects of such
meetings shall be to accumulate facts relative to schools, to
compare views, to discuss principles, to hear discussions and
suggestions relative to the examinations and qualifications of
teachers, methods of instruction, text-books, institutes, visi-
tation of schools, and other matters embraced in the public
school system.

Sec. 7329 Hemingway's Code.

4495. State superintendent — Official opinions. — The state
superintendent shall, at the request of any county superin-

STATE SUPERINTENDENT 89

tendent, give his opinion, upon a written statement of the
facts, on all questions and controversies arising out of the
interpretation and construction of the school laws in regard
to the rights, powers and duties of school officers and county
superintendents, and shall keep a record of all such decisions.
Before giving any opinion, the superintendent may submit the
statement of facts to the attorney-general for his advice there-
on, and it shall be the duty of the attorney-general forthwith
to examine such statement, and suggest the proper decision
to be made upon such facts.

Sec. 7605 Hemingway's Code,

4496. State superintendent— To advise county superinten-
dents.— The state superintendent shall advise county superin-
tendents upon all matters involving the welfare of the schools.

Superintendent of Education (County), see §§ 7566-7573.

90 TEACHERS' INSTITUTE

TEACHERS' INSTITUTE.

CHAPTER 190.

LAWS 1916.
Sec. 7775 Hemingway's Code.

4587. Teachers' institutes. — A teachers' institute for each
race, separate, shall be held each year in the several counties
of the state, or in such groups of counties as the state board
of education, with the consent of the county superintendents,
may designate ; said institutes shall continue in session not less
than five days.

Chap. 190, Laws 1916. Sec. 7776 Hemingway's Code.

4588. Institute conductors. — All teachers' institutes shall
be under the direction of the state board of education, which
is hereby authorized, with the approval of the county super-
intendent, to appoint persons of recognized ability to conduct
and teach said institutes.

Chap. 190, Laws 1916. Sec. 7777 Hemingway's Code.

4589. Board of education to prescribe — Payment of ex-
penses— Reports of. — The state board of education shall pre-
pare outlines for the work and shall prescribe regulations for
the management of the institutes; shall fix the amount to be
paid the conductors and instructors and the incidental ex-
penses thereof, and shall require such reports of the conduc-
tors as may be deemed necessary.

Chap. 190, Laws 1916. Sec. 7778 Hemingway's Code.

4590. How expenses paid. — To defray the cost of institutes,
the county superintendent shall, before examining applicants
to teach, collect a fee of fifty (50) cents for each and fifty (50)
cents additional for each additional year of which license may
be issued and fifty (50) cents a year from each exempt teacher
teaching in the county.

Code 1906.

The institute fee of fifty cents should not be collected by the super-
intendent on special examinations where he received the fee of $2.50,
for such special examinations are authorized only in emergency cases,
and the certificate is good only until the next regular examination.
State v. Green, 111 Miss. 32, 71 So. 171.

Chap. 190, Laws 1916. Sec. 7779 Hemingway's Code.

4591. How expenses paid — Where deposited and how paid
out. — The institute fund shall be deposited as collected, with
the county treasurer on receipt warrant of the clerk of the

TEACHERS' INSTITUTE 91

board of supervisors, and a separate account thereof shall be
kept; and it shall be paid only for the purpose mentioned in
this act, upon the requisition of the county superintendent,
on warrants issued by the clerk of the board of supervisors.

Chap. 190, Laws 1916. Sec. 7780 Hemingway's Code.

4592. When fund insufficient. — If the amount of the insti-
tute fund be insufficient to defray the cost of holding insti-
tutes, the state superintendent of education may authorize the
county superintendent to issue a pay certificate on the common-
school fund of the county to make up the deficit not to exceed
fifty-five dollars for one scholastic year.

Sec. 7781 Hemingway's Code.

4593. Surplus funds — How used. — In counties having a sur-
plus of institute fund, the county superintendent and examin-
ers may expend annually twenty per centum of such fund in
the purchase of works on teaching, which the superintendent
shall keep in his charge for the use of teachers.

92 TEACHERS' LICENSE

TEACHERS' LICENSE.

CHAPTER 133.

LAWS 1908.
Sec. 7787 Hemingway's Code.

How teacher in one county may transfer license to another.

— 1. Any teacher in any county holding a license, wishing to
transfer to another county, may direct the superintendent of
his county to forward such license, and such other proof of
his qualifications, and of the burning of his examination pa-
pers, as the state board of examiners may require, and as may
be reasonable; and if, on such proof, the state board should
be of opinion that such teacher was properly graded by the
county board, the license may be transferred to any county
the appointee may designate.

CHAPTER 252.

LAWS 1912.
Sec. 7788 Hemingway's Code.

State teacher's license to be issued in certain cases where
examination papers lost or destroyed.— 2. Any teacher of this
state heretofore exempt from examination may forward his
license to the state board of examiners, with such proof as
said state board may require, and which is reasonable, that
his examination papers were destroyed in the burning of the
courthouse of his county, or otherwise destroyed, and that
such teacher is entitled to a state license, and upon payment
of one dollar and fifty cents ($1.50) to said board of examin-
ers, such board may issue to such teacher a state license in
lieu of the license granted by such county.

CHAPTER 163.

LAWS 1912.
Sec. 7789 Hemingway's Code.

Graduates of Industrial Institute and College entitled to
professional teacher's license.— 1. A diploma held by either a
collegiate or a normal graduate of the Mississippi Industrial
Institute and College shall be so recognized as to warrant the
granting of a teacher's professional license to said graduate
by the state board of examiners. Provided, that this act ap-
plies only to those graduates of the college department who
have taken not less than nine hours of college work in teach-

TEACHERS' LICENSE 93

ers' professional courses, and who obligate themselves to teach
three years in the public schools of the state. The provisions
for nine hours professional work shall not be enforced until
after the session of 1911 and 1912. Provided, further, that
the graduates of the normal department shall not have the
benefits of this act unless they obligate themselves to teach
three years in the public schools of the state, two years of
which shall be in the rural schools. And, after the sessions
of 1911 and 1912, those who enter the normal department of
said college shall give, upon entrance into said department,
a written pledge to teach three years in the public schools of
the state, two of which shall be in the rural schools of the
state.

CHAPTER 181.

LAWS 1916.
Sec. 7790 Hemingway's Code.

Professional teacher's license granted to graduates of uni-
versity and colleges. — 1. That the state board of examiners is
hereby authorized to grant teachers * professional licenses with-
out further examination to graduates of the University of
Mississippi, the agricultural and mechanical college, the col-
legiate and normal departments of the industrial institute and
college, and of such other institutions of higher learning in this
state as may maintain a standard four-year college course, ap-
proved by the state board of examiners; provided, that licen-
ses shall be issued only to such graduates of the different in-
stitutions as have successfully passed nine hours of college
work in education designated and approved by the state board
of examiners.

Chap. 181, Laws 1916. Sec. 7791 Hemingway's Code.

License and diplomas of other states recognized — When. — 2.

That the state board of examiners is hereby authorized to
grant first grade licenses to teach in the public schools of this
state to any person holding a certificate, license or diploma,
authorizing said person to teach in the public schools of any
other state; provided, that the certificate, license or diploma
shall have been originally issued, and in consideration of
qualifications at least equal to those required for a certificate
of the same grade in this state; provided, further, that the
certificate, license, or diploma shall be valid in this state for
the period for which it shall have been issued in the state
where it was originally granted, unless in the discretion of the
state board of examiners a shorter period shall be specified.
The state board of examiners, on the approval of the state
board of education, shall make provisions and regulations for
carrying out the purpose of this section.

94 TEACHERS' LICENSE

Chap. 181, Laws 1916. Sec. 7792 Hemingway's Code.

First and second grade license may be renewed — Conditions.

— 3. That the state board of examiners is hereby authorized to
extend or renew consecutively from year to year, for a period
of one year at a time and for a total of not more than four con-
secutive years, any first grade license or any second grade
license; provided, that the holder of any such certificate shall
have attended some institution of higher learning or summer
school for at least six weeks, and shall have pursued a course of
professional study designed and approved by the state board
of examiners during the year next preceding the one for
which extension of license for one year is sought to be granted.

Chap. 181, Laws 1916. Sec. 7793 Hemingway's Code.

Pee to be paid by applicants. — 4. An applicant for a license
or for the extension of any license under the provisions of this
act shall pay the same fee as is now required for the transfer
of licenses from one county to another through the state board
of examiners ; provided, that the fees for professional licenses
and those based on licenses or diplomas from other states
shall be the same as are provided in section 4554 of the Code
of 1906 for such licenses.

CODE 1906.

Sec. 7794 Hemingway's Code.

4536. Examination of teachers— Board of examiners. — Two
first grade teachers, to be appointed annually prior to the fall
examination by the county superintendent shall, with the coun-
ty superintendent, constitute an examining board for each
county; provided, the members of said board shall not be
related by affinity or consanguinity (but a teacher of a nor-
mal or training school shall not be appointed by the board).
A majority of said board shall be present and conduct all ex-
aminations of teachers, as herein provided, and they shall as
a board, and not individually, review and grade the examina-
tion papers submitted by applicants for license to teach. The
teachers comprising the board shall each receive two dollars
and one-half for each day of actual service in holding the ex-
aminations and twenty-five cents additional for grading the
papers of each applicant, to be paid out of the school fund
in the same manner as teachers' salaries are paid. The ex-
aminers shall qualify by taking and subscribing the oath of
office before the county superintendent, who shall file it in
his office; and for violations of any section of this law which
refers to examinations, they shall be subject to the same pen-
alties as the county superintendent.

TBACHERS' LICENSE 95

Sec. 7795 Hemingway's Code.

4537. Examination of teachers — Vacancies in board — How
filled. — Should a vacancy occur in the office of examiner, the
same shall be filled by appointment by the county superin-
tendent of education.

Sec. 7796 Hemingway's Code.

4538. Examination of teachers — When examinations held.
—On Friday and (Saturday of the first four weeks of Septem-
ber, and of the first four weeks of April, the examining board
shall hold, under regulations prescribed by the board of edu-
cation, a written examination of applicants to teach. The ex-
amination shall be held at the county site, and in the public-
school building or in the courtroom whenever practicable. In
counties having two court districts the examination shall be
held alternately at the places of holding court, if the conven-
ience of the teachers requires it. The superintendent shall ex-
clude from the rooms all persons who are not examiners or
applicants for license. There shall be separate examinations
for the two races.

CHAPTER 187.

LAWS 1916.
Sec. 7797 Hemingway's Code.

4539. Examination of teachers— How conducted.— The ex-
aminations shall be held upon questions prepared by the state
superintendent of education and sent, sealed, to the county
superintendent to be opened by him in the presence of the
teachers after they had assembled in the examination room
and after the seals have been inspected by the examiner. The
questions on one subject at a time shall be written upon a
blackboard and the answers thereto shall be written in ink
in the presence of the examiners and delivered to the superin-
tendent before the questions on the next subject are given out.
Each applicant shall occupy a separate table or desk which
shall be so arranged that the applicants can not read each
other's papers. It shall be the duty of the county superin-
tendent to provide the accommodations necessary to carry
out these provisions, and he shall not receive more applicants
at one time than he can provide accommodations for.

No applicant shall stand the examination in any county for
the purpose of having the license transferred to the resident
county of the applicant, unless authorized by the state board
of examiners.

Code 1906.

Under Code 1906, §§ 4539, 4546, a conviction for offering to sell ex-
amination questions could not be sustained, where the proof did not
show that the questions offered for sale were prepared by the state

96 TEACHERS' LICENSE

superintendent of education and sealed and sent to the county superin-
tendent of education as provided. Bryant v. State, 92 Miss. 822, 46
So. 247.

Chap. 187, Laws 1916. Sec. 7798 Hemingway's Code.

4540. Examination of teachers — ^Curriculum. — The curricu-
lum of the free public schools shall consist of spelling, reading,
arithmetic, geography, English grammar, composition, litera-
ture, U. S. history, history of Mississippi, elements of agri-
culture, civil government with special reference to local and
state government, physiology and hygiene, with special ref-
erence to the effect of alcohol and narcotics on the human
system and home and community sanitation, general science
and elementary algebra.

Provided, that literature, general science and elementary
algebra shall only apply to those schools that require three
or more teachers. Except with the consent and advice of the
county superintendent of education.

See §§ 7801, 7802.

CODE 1906.

Sec. 7799 Hemingway's Code.

4541. Examination of teachers — All teachers must be
licensed. — It shall be unlawful for a county superintendent,
or the trustees of a separate school district, to contract with a
teacher who does not hold a license valid for the scholastic
year in which the school is to be taught, and of a grade suf-
ficiently high to meet the requirements of the school.

Sec. 7800 Hemingway's Code.

4542. Examination of teachers — Good character. — Before
a license to teach shall be granted, the applicant must furnish
the superintendent satisfactory evidence of good moral char-
acter, and of ability to govern a school.

CHAPTER 188.

LAWS 1916.
Sec. 7801 Hemingway's Code.

4543. Examination of teachers — What examined on — First
and second grades. — To obtain a first grade license, the ap-
plicant must be examined on spelling, reading, practical and
mental arithmetic, composition, United States history, history
of Mississippi, elements of agriculture, civil government, ele-
ments of physiology and hygiene, with special reference to the
effects of alcohol and narcotics on the human system, theory
and practice of teaching, elementary algebra, advanced Eng-

TEACHERS' LICENSE 97

lish; provided, that theory and practice of teaching and ele-
mentary algebra be added in September, 1917, and advanced
English, general science and modern history in September,
1918, and such other subjects as the state board of education
may prescribe; and to obtain a second grade license the ap-
plicant must be examined on spelling, reading, mental arith-
metic, practical arithmetic, elementary geography and com-
position, United States history, physiology, with special ref-
erence to the effects of alcohol and narcotics on the human
system, and health and sanitation in homes and communities,
history of Mississippi and civil government, elementary agri-
culture. The state board of examiners, on the approval of the
state superintendent of education, is hereby authorized ^ to
provide examinations and make regulations for licensing
teachers of music, manual training, domestic science, and of
such other special subjects as may be deemed necessary.

Provided, that the provisions of this act shall not apply in
the case of teachers who are exempt from examinations under
laws now in force.

See § 7798.

Sec. 7802 Hemingway's Code.

4544. Examination of teachers — Third grade. — To obtain a
third-grade license the applicant must be examined on the
subjects required for second grade, and must make thereon
an average of not less than sixty per centum, with not less
than forty per centum on any subject.

See § 7798.

Sec. 7803 Hemingway's Code.

4545. Examination of teachers — Grading and marking
papers. — Immediately after each examination the examiners
shall carefully grade the papers and mark thereon their esti-
mate of the value of each answer; and the papers shall be
filed in the office of the superintendent, and be subject to the
inspection of the applicant or his authorized agent.

Sec. 7804 Hemingway's Code.

4546. Examination of teachers — Penalty for receiving as-
sistance.— If an applicant in any way receive assistance, he
shall be denied a license and not permitted to teach or stand
another examination in the county for a period of two years.
Any person who sells or offers to sell, or give away, or offers
to give away the examination questions, or answers to the
same prepared by the proper authorities for the examination
of teachers of the public schools, before the date for the ex-
amination, at which time such questions are to be used, shall
be guilty of a misdemeanor, and on conviction shall be fined
not more than one hundred dollars nor less than ten dollart

98 TEACHERS' LICENSE

or imprisoned in the county jail not exceeding six^v days, or
both, at the discretion of the court.

Code 1906.

Under Code 1906, §§ 4539, 4546, a conviction for offering to sell ex-'
amination questions could not be sustained, where the proof did not
show that the questions offered for sale were prepared by the state
superintendent of education and sealed and sent to the county superin-
tendent of education as provided. Bryant v. State, 92 Miss. 822, 46
So. 247.

Sec. 7805 Hemingway's Code.

4547. Examination of teachers-— How long licenses good. —

License shall be granted to applicants who make a general
average of seventy-five per centum with not less than fifty
per centum on any one subject, and shall not be valid unless
filled out according to the form prescribed by the state super-
intendent. Licenses of second and third grade shall be valid
for one year. Licenses for the first grade, with a general
average of eighty-five per centum, shall be valid for two years ;
and licenses for the first grade, with a general average of
ninety per centum, shall be valid for three years; and the
second three-years license obtained after the expiration of the
first shall be renewable in the county where issued as long as
the holder continues to teach ; but any teacher who has taught
under a first grade license for five years consecutively, shall
be exempt from further examination.

Code 1892.

This section is prospective, and applies only to persons teaching five
years under a first-grade license, issued after examination under the
curriculum prescribed by Code 1892. Doss v. Wiley, 72 Miss, 179, 16
So. 902.

. Sec. 7806 Hemingway's Code.

4548. Examination of teachers — Age of teacher. — A license
to teach shall not be granted to an applicant under seventeen
years of age; nor shall a license for more than one year be
issued to an applicant who has had less than six months' ex-
perience in teaching.

Sec. 7807 Hemingway's Code.

4549. Examination of teachers — Special examinations. — In

counties where the number of licensed teachers is insufficient
to supply the schools, the board of education may grant a
special examination but the examination fee in such cases shall
be two dollars and the licenses issued shall be valid only until
the next regular examination. Special examinations shall be
granted teachers who are under contract to teach in a public
school in the county, if at the time of the general examination
they were unable to attend or were teaching or attending school

TEACHERS' LICENSE 99

more than fifty miles away. The superintendent may require
each teacher so examined to pay him a fee of two dollars and
fifty cents.

Code. 1906.

The institute fee of fifty cents should not be collected by the super-
intendent on special examinations where he received the fee of $2.50,
for such special examinations are authorized only in emergency cases,
and the certificate is good only until the next regular examination.
State v. Green, 111 Miss. 32, 71 So. 171.

Sec. 7808 Hemingway's Code.

4550. Indorsement of licenses. — A teacher holding a license
in one county and wishing a transfer to another county may
direct the superintendent of education of the county where the
examination was held to forward his papers and license issued
thereon to the state board of examiners, and if the grading
of the county board is sustained by the state board of ex-
aminers, the license may be transferred to any county which
the applicant may designate. Applicants for transfer license
shall pay a fee of one dollar and fifty cents to the state board
of examiners for grading their papers.

CHAPTER 185.

LAWS 1914.
Sec. 7809 Hemingway's Code.

Agricultural high schools— Teachers— Examinations of.— 1.
All teachers in agricultural high schools shall pass an examin-
ation in the free-school studies and in addition thereto an
examination on the subjects they are required to teach in said
schools. Such examinations shall be held at the same time
and places and under the same regulations as required of other
applicants to teach in public schools.

CODE 1906.

Sec. 7810 Hemingway's Code.

4551. State board of examiners. — There shall be a state
board of examiners which shall consist of three members, who
shall be first grade teachers of scholarly attainments, and of
successful experience, to be appointed by the state superin-
tendent of education.

Sec. 7811 Hemingway's Code.

4552. State board of examiners — Duties. — It shall be the
duty of the state board of examiners to aid the state superin-
tendent of education in preparing all examination questions
for the teachers of the state, to grade papers of applicants for

100 TEACHERS' LICENSE

professional and state licenses, to hear and decide all appeals
from teachers or county superintendents regarding examina-
tions ; to examine all applicants or candidates for the office of
county superintendent under regulations passed by the state
board of education.

Sec. 7812 Hemingway's Code.

4553. Licenses — How secured. — Any teacher wishing to se-
cure a professional license shall pass a satisfactory examina-
tion in the presence of the county superintendent, or other
authorized agent of the state board of examiners, on the fol-
lowing subjects Algebra, geometry, rhetoric, English litera-
ture, the science of teaching, civil government, Caesar and
Virgil, and on such other subjects as the state board of ex-
aminers may add. Any teacher may secure a state license by
passing a satisfactory examination in the presence of the
county superintendent, or other authorized agent of the state
board of examiners, in spelling, reading, practical and mental
arithmetic, geography, English grammar and composition.
United States history, Mississippi history, elements of agri-
culture, civil government, elements of physiology and hygiene,
with special reference to the effects of alcohol and narcotics
on the human system; provided applicants for state licenses
shall have their papers forwarded to the state board of ex-
aminers by county superintendent and graded by state board
of examiners. The state board of examiners may grant
licenses of a grade lower than that for which the applicant
applies; provided that the percentage reaches that fixed by
law. On all licenses granted the board shall indicate on the
face of the license the percentage made by the applicant on
each subject. A state license shall be valid for one, two or
three years, according to the value of applicant's papers; but
any applicant receiving the second three-years state license
from the state board of examiners shall be exempt from fur-
ther examinations, and a state license from said board of
examiners shall be valid in every county of the state, but the
state board of examiners may revoke licenses for cause and
where teachers discontinue to teach. All teachers heretofore
exempt from examination in the counties in which they reside
may forward their papers to the state board of examiners upon
the payment of one dollar and fifty cents to said board of ex-
aminers, and the board of examiners may issue to said teachers
state licenses in lieu of licenses granted by county superin-
tendents.

State Board of Examiners.

Sec. 7813 Hemingway's Cade.

4554. Compensation and term of office. — The state board
of examiners shall receive as compensations for their service*

TEACHERS' LICENSE 101

five dollars from each applicant for professional license; five
dollars from each applicant or candidate for county superin-
tendent of education in the several counties of the state, and
fifty cents for each applicant for state license, which sum
shall be paid by the county superintendent of education to
the state board of examiners, as teachers are paid, and as
is now paid to county examiners. The state board of exam-
iners shall serve for four years each, unless removed by the
state superintendent for cause.

CHAPTER 201.

LAWS 1908.
Sec. 7814 Hemingway's Code.

4555. Professional licenses. — The board of education shall
have power to issue professional licenses to teachers of recog-
nized ability, moral character and scholarly attainments, who
shall pass a satisfactory written examination, held as pre-
scribed by the board, on algebra, geometry, physics, rhetoric,
English literature, the elements of botany and chemistry, the
science of teaching, civil government and Latin, through
Caesar and Virgil. The manuscripts of examination shall be
kept on file in the office of the state superintendent, and the
licenses shall be valid for life in any part of the state.

CHAPTER 226.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That the state board of examiners shall have au-
thority to grant, under rules and regulations, to be formu-
lated by the said state board of examiners, a state teachers
license to graduates of those institutions of higher learning
as maintain a full four year college course under rules and
regulations to be formulated by the said state board of ex-
aminers, provided that license shall be issued only to such
graduates as have taken nine session hours of college work in
education designated by the state board of examiners. This
license shall be valid for a period of three years, and on ex-
piration shall be renewable by an attendance on an approved
summer school, and when so renewed shall become valid for
life. Provided further, that the state board of examiners shall
also have authority to grant, under rules and regulations to
be formulated by the said state board of examiners, a state
license to students who have finished the sophomore year in
any college in the state requiring 14 Carnegie units for en-
trance to the freshman class. Such students having completed

102 TEACfiEllS' LICENSE

six session hours in education, as provided for by the state
board of examiners. This license shall be valid for two years
and on expiration, shall be renewed as other licenses are
renewed.

Provided further, that the state board of examiners is au-
thorized to grant, without examination, a first grade teacher 's
license to graduates of agricultural high schools, in this state,
provided such graduates have included in their course of
studies two units of work of matter relative to organization
and methods of teaching in the elementary school, and pro-
vided students receiving such license shall not be employed .for
the following scholastic year in the school from which they
graduated. This license shall be valid for one year, subject to
renewal as other first grade licenses are renewed, and such
license, so conferred, shall be conditioned on satisfactory
work in an approved summer school, immediately following
high school graduation.

Sec. 2. That this act shall take effect and be in force from
and after its passage.

TEXT-BOOKS 103

TEXT-BOOKS.

CHAPTER 179.

LAWS 1916.
Sec. 7820 Hemingway's Code.

All school text-books to be filed with state superintendent
whether included in uniform adoption or not. — 1. All publish-
ers of school text-books, or persons desiring to offer school
text-books, other than those provided for under the uniform
text-book law now in force in this state, for the use of pupils
in the public schools of Mississippi, as hereinafter provided,
before such books may legally be adopted and purchased by
any public-school authorities, shall file in the office of the state
superintendent of education a copy of each book proposed to
be so offered, together with the published list price as shown
by the publisher's catalogue. No revised or different edition
of any such book shall be used in the public schools of Mis-
sissippi unless a copy of such edition has been filed in the
office of the state superintendent of education, together with
the publisher's list price thereof. The state superintendent of
education shall carefully preserve in his office all such sam-
ple copies of books filed and the prices thereof.

Chap. 179, Laws 1916. Sec. 7821 Hemingway's Code.

Sworn statement also to be filed showing lowest wholesale
price on same. — 2. That each publisher of any such books filed
shall also file in the office of the state superintendent of edu-
cation a sworn statement giving the lowest net wholesale price
at which each book is sold anywhere in the United States;
the said sworn statement shall also give the list price and the
lowest exchange price given anywhere in the United States
when old books on the same subject and of like kind and
grade, but of a different series, are received in exchange.

Chap. 179, Laws 1916. Sec. 7822 Hemingway's Code.

Publisher to give security bond — Conditions of same. — 3.

That each publisher shall file with the state superintendent of
education a bond payable to the State of Mississippi with some
surety company authorized to do business in the State of Mis-
sissippi as surety thereon, in a sum to be determined by the
state superintendent of education, said sum being not less
than two thousand dollars ($2,000.00) nor more than ten
thousand dollars ($10,000.00), according to the number of
books filed, and the bond to be conditioned as follows :

First. That the publisher will furnish any of the books
listed in said statement, and in any other statement subse-

104 TEXT-BOOKS

quently filed by him within five years, to any county school
board, any board of trustees of separate school district, or
agricultural high schools, in the State of Mississippi, at the
lowest net wholesale prices contained in said statement, which
price must not exceed seventy-five (75) per cent, of the pub-
lisher's list price thereof, and that he will maintain said prices
uniformly throughout the State of Mississippi on all books
filed under the provisions of this act.

Second. That the publisher will reduce such price auto-
matically to the State of Mississippi whenever reductions are
made elsewhere in the United States, so that at no time shall
any book so filed and listed be sold to school authorities in
Mississippi at a higher net price than is received for such
books elsewhere in the United States.

Third. That all such text-books offered for sale, adoption
or exchange in the State of Mississippi shall be equal in quali-
ty to those filed in the office of the state superintendent of
education as regards to paper, binding, print, illustrations,
subject-matter, and all other particulars that may affect the
value of such school text-books.

Fourth. That the publisher shall not enter into any under-
standing, agreement or combination to control the prices or
restrict competition of the sale of school text-books in th«
state of Mississippi.

Chap. 179, Laws 1916. Sec. 7823 Hemingway's Code.

Bond to be approved by attorney-general. — 4. That such
bond shall be approved by the attorney-general, and shall con-
tinue in force for a period of five years after its filing, at or
before the expiration of which period a new bond shall be
given, or the right to continue selling such text-books in the
State of Mississippi shall be forfeited.

Chap. 179, Laws 1916. Sec. 7824 Hemingway's Code.

State superintendent to furnish list of books to county and
school officers. — 5. That the state superintendent of education
shall, within thirty days after the filing of any such school
text-books and bond for same, send a list of such books to
each coiinty superintendent of education and to the superin-
tendent or trustees of each separate school district and the
chairman of the board of trustees of each agricultural high
school in the state. And the state superintendent of educa-
tion shall, on or by January 1, 1917, and on or by the first of
January of each following year, publish and send to each
county superintendent of education and to the superintendent
or trustees of each agricultural high school a printed copy of
all such lists then in force in his office.

TEXT-BOOKS 105

Chap. 179, Laws 1916. Sec. 7825 Hemingway's Code.

Publisher failing to supply copies of books to pay forfeit.— 6.

That if any publisher shall comply with the foregoing sections
and then fail or refuse to furnish such books to any board of
trustees, county superintendent, superintendent or trustees of
separate school districts, trustees of agricultural high schools,
upon the terms herein provided, said school authority shall at
once notify the state superintendent of education of such fail-
ure or refusal, and he shall at once cause an investigation of
such charge to be made. If the state superintendent of edu-
cation finds such charge to be true, he shall at once notify
such publisher and notify each county superintendent of edu-
cation, each state educational institution, each board of trus-
tees of separate school districts and agricultural high schools
in the State of Mississippi that such book or books shall not
thereafter be adopted or purchased by any of the school au-
thorities in the State of Mississippi. Said publisher shall for-
feit and pay to the State of Mississippi the sum of five hundred
dollars ($500.00) for each failure or refusal to furnish said
book or books, to be recovered in the name of the State of
Mississippi in an action to be brought by the attorney-general
in any proper court, the amount when collected to be paid into
the treasury to the credit of the common-school fund of the
State of Mississippi.

Chap. 179, Laws 1916. Sec. 7826 Hemingway's Code.

School trustees to meet and determine what books to be used
in the county schools. — 7. That each county school board and
the board of trustees of each separate school district in the
State of Mississippi, at a regular meeting to be held between
the first Monday in each January and the first Monday in
August following each year until a complete list of school
text-books is adopted covering the whole school course of
study, not otherwise provided for by law, by a majority vote
of the entire membership of said board, shall determine which
of said books so filed shall be used in the schools under its
control it being distinctly understood that such list of books
selected by the county school boards shall apply to all public
high schools in the county, except separate school districts
and agricultural high schools ; provided, that the county school
board shall make selection of books from a list recommended
by a committee of five high-school teachers appointed by the
county superintendent of education. And after such books
have been selected and adopted by said school board or boards
of trustees of separate districts, no basal book shall be changed
nor any other books substituted therefor for a period of five
years after the date of its selection and adoption, as shown

106 TEXT-BOOKS

by the official records of the board provided, that any of such
school text-books as may be in use in the schools of Missis-
sippi when this act goes into effect may be continued at the
pleasure of the authorities in charge of such schools, but that
when said books are changed, or other books substituted for
those in use, the books adopted shall be used for a full period
of five years. That this act shall not affect any existing con-
tracts for text-books now in force in this state.

Chap. 179, Laws 1916. Sec. 7827 Hemingway's Code.

Uniform course of study for agricultural high schools to be
selected. — 8. That it shall be the duty of the state superinten-
dent of education to appoint four agricultural high school
principals or teachers, who, with himself, shall constitute a
committee to select from books listed, as hereinbefore pro-
vided, a uniform course of study for the agricultural high
schools of the state, and said schools shall be required to use
the books so selected. The price and manner of handling and
adopting books for separate school districts and other high
schools shall apply to agricultural high schools also, except
books on agriculture and other industrial subjects.

Chap. 179, Laws 1916. Sec. 7828 Hemingway's Code.

Prices at which books to be bought and sold to pupils. — 9.

That all school text-books adopted, as provided for in this act,
shall be bought by the various school authorities direct from
the publishers at the prices listed with the state superinten-
dent of education, as herein provided, and sold to the pupils
and patrons of such schools at said listed prices, or at such
prices as will include the cost of transportation and cost of
handling said books, but in no case shall a greater price be
charged any pupil or patron than fifteen (15) per cent, ad-
vance over the net wholesale price.

Chap. 179, Laws 1916. Sec. 7829 Hemingway's Code.

How books to be ordered and paid for.— 10. That each board
of trustees of separate school districts and each county school
board shall, at a regular meeting, cause to be ascertained the
number of each of such books the schools under its charge
require or the amount already due publishers for books. The
secretary of each board of trustees and each county superin-
tendent of education shall order the books so agreed upon by
the board from the publishers, who, on receipt of such order,
shall ship the books as directed without delay. It shall be
the duty of the secretary or other person named by the board
for such purpose to examine the books when received, and if
found to be right and in accordance with the order, a war-
rant, payable out of the school fund, for the proper amount

TEXT-BOOKS 107

shall be issued and remitted to the publisher within thirty
days. Each county school board and board of trustees shall
pay all charges for the transportation of books.

It shall be the duty of each county school board and board
of trustees to make all necessary provisions and arrangements
to place the books so purchased within easy reach and accessi-
ble to all the pupils in the schools under their control. For
this purpose each county school board and board of trustees
may make contracts, and take such security as it deems nec-
essary, for the custody, care and sale of such books, and ac-
counting for the proceeds. The proceeds from the sale of the
books shall be used to replace the money used by the county
school board and board of trustees in purchasing the necessary
supply of books or send direct to the publisher in settlements
of accounts due. The county school boards and boards of
trustees may also contract with local or retail dealers to sell
the books to the pupils and patrons of the schools at prices
to be specified by the county school board and board of trus-
tees, each board being responsible to the publishers for all
books purchased by it. All orders for books under this act
shall be made by the secretary of the board of trustees or by
the county superintendent.

Chap. 179, Laws 1916. Sec. 7830 Hemingway's Code.

Retailer not to advance price of books. — 11. That no retail
dealer selling said school text-books as the agent of any school
authority shall sell the same at a greater price than the price
agreed upon between such dealer and said school authorities;
provided, that in no case shall said books be sold to the school
children at a price to exceed fifteen (15) per cent. advaMce
on the wholesale price of such books.

Chap. 179, Laws 1916. Sec. 7831 Hemingway's Code.

Pupils removing into new districts — How books disposed of.
—12. That when pupils remove from any county or separate
school district, and have text-books of the kind adopted in
such school district, and not of the kind adopted in the dis-
trict to which they removed, and wish to dispose of them, the
school board of the county or separate school district from
which they remove, if requested, shall purchase such text-
book at the fair value thereof and resell them to other pupils.
(Laws 1916, c*h. 179. In effect May 1, 1916).

Chap. 179, Laws 1916. Sec. 7832 Hemingway's Code.

School boards may provide for free books if desired.— 13.

That nothing in this act shall prevent the school board of any
county or separate school district in the State of Mississippi

108 TEXT-BOOKS

from furnishing free text-books to the pupils in the schools
under its control, or from buying books and renting them to
pupils in such schools.

Chap. 179, Laws 1916. Sec. 7833 Hemingway's Code.

Publisher not to give money or gifts to members of school
boards. — 14. That no publisher of school books nor agent of
such publisher shall offer or give any emolument, money or
other valuable things, or any other inducement to any member
of the board of trustees or school official connected with any
of the public schools of Mississippi, for his vote or promise
of vote, or for the use of his influence for the adoption of any
school text-book to be used in any of the schools of this state ;
nor shall any member of a board of trustees or school official
connected with any of the public schools of Mississippi accept
emolument, money or other valuable thing, or any other in-
ducement from any publisher or agent of any publisher for
his vote or promise of vote, or for the use of his influence for
the adoption of any school text-book. Provided, that nothing
in this section shall be construed to prevent any person, pub-
lisher or publisher's agent from sending a reasonable number
of sample copies of school text-books to any member of a
board of trustees or school official for examination of such
book or books before any adoption of books, as provided for in
this act, and nothing shall be construed to prevent such mem-
ber of a board of education or school official from receiving
such sample copies.

Chap. 179, Laws 1916. Sec. 7834 Hemingway's Code.

Violations of this act — How punished. — 15. That any pub-
lisjier of school text-books or agent of such publisher, or any
member of any board of trustees, or public-school official of
the State of Mississippi who violates any of the provisions of
this act, on conviction thereof, shall be punished as for a
misdemeanor; and any member of the board of trustees or
school official shall, in addition, be removed from his official
position. Any retail dealer of school text-books acting as
agent for any board of trustees who violates- any of the pro-
visions of this act shall, upon conviction, be punished as for a
misdemeanor.

Chap. 179, Laws 1916. Sec. 7835 Hemingway's Code.

County superintendent to order books and employ agents.—

16. That the county superintendent of education shall act for
the county school board in ordering books for the schools in
his county, except for separate school districts and agricul-
tural high schools, and he shall employ agents at such places
as he deems necessary for the proper distribution of said
books.

TEXT-BOOKS 109

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section 4617 of the code of 1906 be amended
so as to read as follows:

CHAPTER 143.

LAWS 1918.

4617. Exchange price of books. — The exchange price be-
tween old books and new books of the same or similar grade
shall not be more than the lowest exchange price of said books
anywhere in the United States.

Sec. 2. That chapter 168 of the laws of 1912, entitled,
"An act to limit the number of text books changed at any
regular state adoption," be and the same is hereby repealed.

Sec. 3. That all laws and parts of laws in conflict herewith
are repealed, and that this act shall take effect and be in force
from and after its passage.

State Textbook Commission.

CODE 1906.
Sec. 7837 Hemingway's Code.

4594. Commission to select a uniform series of text-books —
Qualifications of its members. — The governor shaD select and
appoint eight educators of known character and ability in
their profession, and engaged in public-school work as teach-
ers, not more than one to be selected from each congressional
district, who, together with the state superintendent of edu-
cation, shall constitute the text-book commission of Missis-
sippi. The state superintendent of education shall be an ex
officio member of said commission, and in no case shall the
person selected be related to the ex officio member by affinity
or consanguinity.

Sec. 7838 Hemingway's Code.

4595. Books selected to be used for five years. — It shall be
the duty of the said commission to select and adopt a uniform
system or series of text-books for use in the public schools
of the state. Said commission is hereby authorized, empow-
ered, and directed to select and adopt said uniform series of
text-books for use in the public schools of the state, and when
so selected, said books shall be used for a period of five years
in all the public schools of the state, and it shall be unlawful
for any teacher of any public school in this state to use any
book or books upon the same branch other than those adopted
by said text-book commission, except as hereinafter provided.

110 TEXT-BOOKS

Said uniform series shall include the following branches of
study, to-wit Orthography, reading, writing, intellectual
arithmetic, practical arithmetic, geography, English gram-
mar, composition, history of the United States, physiology,
civil government, elements of agriculture, and history of the
State of Mississippi; that no history in relation to the late
civil war between the states shall be used in the schools of this
state, unless it be fair and impartial, and such other branches
of school books as may be added to the above curriculum by
statute. Provided, that none of said text-books so selected or
adopted shall contain anything of a partisan or sectarian
character; and provided, further, that all text-books adopted
for use in the public schools of the state shall be printed in
English, except such books as shall be adopted as text-books
in the study of a foreign language.

Sec. 7839 Hemingway's Code.

4596. Members to be sworn — Must not be directly or indi-
rectly interested in contracts. — Before transacting any busi-
ness relating to the duties incumbent on the said commission,
the members thereof shall each take and subscribe an oath to
faithfully discharge all the duties devolving upon them as
members of said commission; that he has no interest, direct
or indirect, in any contract that may be made hereunder; that
he will receive no personal benefit of profit therefrom; that
he is not in any manner interested in any books or publishing
concern publishing any books of the kind contemplated for
use in the public schools of this or any other state ; that he will
carefully, faithfully, and conscientiously examine all books
submitted for inspection, and will, to the best of his knowledge
and ability, make the best selection possible of any and all
books to be used in the public schools of the state.

Sec. 7840 Hemingway's Code.

4597. Separate school districts may adopt supplemental
books. — The trustees of any separate school district may select
such other supplemental books in addition to the books se-
lected and adopted by the school-book commission, for use in
such separate school districts, and the trustees of the separate
school district may raise the curriculum above that which may
be prescribed by law ?or act of the school-book commission.

Sec. 7841 Hemingway's Code.

4598. How choice of books made. — The said text-book com-
mission shall, in making up their choice for books to be used,
take into consideration the merit of each book as to the sub-
ject-matter, the printing, binding, material, mechanical quali-
ties, and general suitability for the purpose intended, as well

TEXT-BOOKS 111

as the price of said books. Said commission shall select and
adopt such books as will, in their best judgment, accomplish
the ends desired, and they are hereby authorized, empowered
and directed in case they deem any of the books suitable and
more desirable than other books of the same class submitted,
but the price is unreasonably high, and that they should be
offered at a lower price, they may use their discretion and
judgment whether they shall adopt said book or books, or
adopt the books next best in the list of books submitted.

Sec. 7842 Hemingway's Code.

4599. When commission to meet and organize — To adver-
tise for bids. — The said text-book commission shall immediate-
ly after their selection meet and organize, and a majority of
said commission shall constitute a quorum for the transaction
of business. As soon as the commission shall organize it shall
advertise in such a manner and in such places as is deemed
desirable, that at a time and place fixed definitely in said ad-
vertisement, sealed bids will be received from the publishers
of school text-books for furnishing books as herein provided
to the public schools of the State of Mississippi, through
agencies established by said publishers in the several counties
of the state, for a period of five years from the date and ex-
ecution of the contract. The bids or proposals shall be for
furnishing the books for a period of five years and no longer.

Code 1892.

The anti-trust law of 1900 has no application to the state or its pub-
lic agencies in letting a contract for copyrighted school-books in the
manner provided by law and as the result of competitive bidding by
the terms of which new books are for a time to be exchanged without
cost, book for book, in the place of old books then in use, after which
the prices agreed on are to be paid for all books furnished during the
continuance of the contract. B. F. Johnson Pub. Co. v. Mills, 79 Mis*.
543, 31 So. 101.

A public contract for an article below cost is not "inimical to the
public welfare" within Const. 1890, § 198. B. F. Johnson Pub. Co. v.
Mills, 79 Miss. 543, 31 So. 101.

Sec. 7843 Hemingway's Cooe.

4600. What bids shall specify— To be accompanied by
specimen copies — Bidders to put up forfeits — Opening of %bids.

—All bids shall state definitely the price at which the books
will sell at wholesale and retail, and shall be accompanied by
one or more specimen copies of each and every book to be
furnished; it shall be required of each bidder to deposit with
the state treasurer such a sum of money as the commission
may require, according to the number of books each bidder
may propose to furnish, and notice shall be further given in
said advertisement that such deposit shall be forfeited to the

112 TEXT -BOOKS

itate if the bidder making the deposit shall fail or refuse t«
make and execute such contract and bond as is hereafter re-
quired, the time to be fixed by the commission and so stated
in such advertisement. All bids shall be sealed and deposited
with the secretary of the commission to be delivered, by him
to the commission when it meets for the purpose of consider-
ing said bids, and shall be opened by the secretary in the
presence of the commission.

Sec. 7844 Hemingway's Cod*.

4601. Bids to be opened and considered in executive ses-
sion— Attorney-general to draw up contracts. — It shall be the
duty of the commission at the time and place designated in
the said advertisement in executive session to open and ex-
amine all sealed proposals submitted and received in pur-
suance of the notice t>r advertisement as hereinbefore pro-
vided; to examine and carefully consider all such bids or pro-
posals and determine in the manner provided for what book
or books shall be adopted, taking into consideration the size,
quality as to subject-matter, material, printing, binding, and
the mechanical execution and the price and general suitability
for the purpose desired and intended. After their selection
shall have been made, the commission shall, by registered let-
ter, notify the publishers to whom the contracts have been
awarded, and it shall be the duty of the attorney-general to
prepare said contract or contracts in accordance with th«
terms and provisions of the law on the subject of text-books,
and all contracts shall be executed by the governor and secre-
tary of state, with the seal of the state affixed thereto on the
part of the State of Mississippi, and the said contracts shall
be executed in triplicate, one copy to be kept by the contractor,
one copy by the -secretary of the commission, and copied in full
in the minute-book of the commission, and one copy to be filed
in the office of the secretary of state. At the time of the
execution of the aforesaid contract, the contractors shall enter
into bond in the sum of not less than ten thousand dollars,
payable to the State of Mississippi, conditioned for the faith-
ful, honest and exact performance of all the terms of said con-
tract, together with the payment of reasonable attorney's fees
in ca§e of recovery in any suit upon the same, to be approved
by the governor and the attorney-general. Any guarantee
company authorized to do business in the State of Mississippi
may become surety on said bond, and there shall be five or
more sureties on the said bond who are citizens of this state
and residents of different counties therein, and in the rrent
suit is brought on said bond in any of the state courts, and
the defendants, or any of them, have the case removed or at-
tempt to have the case removed to the federal court, the said

TEXT-BOOKS 113

school-book commission may immediately cancel the contract
and continue the suits on the bond, and it shall be the duty
of the attorney-general to so write it in the contract. And it
•hall be the duty of the attorney-general to prepare said bonds
and approve same; provided, that said bond shall not be ex-
hausted by a single recovery, but may be sued on from time
to time until the full amount thereof shall have been recovered,
and the commission may, at any time, by giving due notice
thereof, require additional security, if, in their judgment, it
is necessary.

Sec. 7845 Hemingway's Code.

4602. Forfeit money returned to unsuccessful bidders —
Contract must be executed within thirty days. — When any
firm or corporation shall have been awarded a contract and
submitted therewith the bond as required, the commission shall
inform the treasurer of the state, and it shall then be his duty
to return to such contractor the cash deposit made by him,
and the commission shall furnish the treasurer the names of
the unsuccessful bidders, when he shall return to them the
amount deposited by them at the time of the submission of
their bid, but should any firm, person, or corporation fail or
refuse to execute the contract and submit the bond as required
hereby, within thirty days after the awarding of the contract
to him, and the mailing of the registered letter containing
the notice, the said cash deposit will be deemed and is hereby
declared forfeited to the state, and it shall be the duty of
the treasurer to place said deposit in the treasury of the state
to the credit of the general school fund ; and, provided further,
that any recovery on the bond of any contractor shall be
placed to the credit of said fund, and be prorated among the
geveral counties of the state.

Sec. 7846 Hemingway's Code.

4603. Books furnished to be equal to specimen copies. —
The books furnished under any contract shall at all times
during the existence of the contract be equal to, in all re-
apects, the specimen or sample copies furnished with bids;
and it shall be the duty of the state superintendent of educa-
tion to preserve in his office as the standard of quality and
excellence to be maintained in such books during the continu-
ance of said contract, sample copies of all books which have
been the basis of any contract, together with the original bid,
and the contractor shall furnish like samples or specimen
copies of books to the different county superintendents of
education, which shall be preserved by them in like manner,
and the same shall always be open to inspection by the public.
The retail price and the exchange price of each book adopted
•hall be either printed on the back or indelibly stamped on

114 TEXT-BOOKS

the first page. And the commission shall not in any case con-
tract with any person or publisher for books to be used in the
public schools of the state at a price above or in excess of the
price at which such book or books are furnished by said per-
son or publisher to any state, county, or school district in the
United States under like condition prevailing in the state and
under this chapter, as to the method of distributing the books
to the consumer. And it shall be stipulated in each contract
that the contractor is not now furnishing under contract any
state, county, or school district in the United States where
like conditions as are now prevailing in this state and under
this chapter, as to the method of distributing the books to the
consumers, the same book or books at a price less than the
price stipulated in the said contract, and the commission is
hereby authorized and directed, at any time that they may
find that any book is being furnished at a lower price under
contract to any state, county, or school district as aforesaid,
to sue upon the bond of said contractor for the recovery of
the difference between the contract price and the lower price
at which they find the book or books have been sold, and
should any contractor fail to execute the terms and provisions
of his contract specifically, said commission is hereby author-
ized, empowered and directed to bring suit in the name of the
State of Mississippi upon the bond of such contractor for the
recovery of all damages for the benefit of the public school
fund, but nothing herein provided shall be construed so as to
prevent said commission and any contractor from agreeing
in any manner to change, alter or amend any contract, pro-
vided eight members of said commission shall agree and think
it advisable and for the best interests of the public schools of
the state to make such change, alteration or amendment.

Sec. 7847 Hemingway's Code.

4604. State not liable to any contractor. — It shall always
be a part of the terms and conditions of every contract made
in pursuance of this chapter that the State of Mississippi shall
not be liable to any contractor, in any manner, for any sum
whatsoever, but all such contractors shall receive their pay
and compensation solely and exclusively from the proceeds
of the sale of books as herein provided.

Sec. 7848 Hemingway's Code.

4605. Bids may be rejected. — The said text-book commis-
sion shall have and reserve the right to reject any and all
bids or proposals if they shall be of the opinion that same
should be rejected. And in case they fail to select or adopt
any book or books upon any of the branches mentioned in a
previous section of this chapter from among the bids or pro-

TEXT-BOOKS 115

posals submitted, they may readvertise for sealed bids or pro-
posals under the same terms or conditions as before, and pro-
ceed in their investigation in all respects as they did in the
first instance and as required in the terms and provisions
herein set forth. And it is provided further that any person,
firm or corporation now doing business or proposing to do
business in the State of Mississippi shall have the right to bid
for the contract to be awarded under this chapter, and may
submit in writing bid or bids to edit or have edited, published
and supply for use in the public schools in this state any book
or books herein provided for, or they may submit books the
equal of which in every way they propose to furnish, and they
shall accompany their bid with the cash deposit, and execute
a contract and bond and be subject to the same conditions
and restrictions as hereinbefore provided.

CHAPTER 219.
LAWS 1910.

Sec. 7849 Hemingway's Code.

4606. Contractor to establish book depositories. — The suc-
cessful bidder or contractor shall establish and maintain one
or more depositories in this state, to be designated by the
commission, where a stock or supply of the books sufficient
to meet all the immediate demands shall be kept. There shall
also be maintained in each county in this state two or more
agencies for the distribution of the books contracted for and
one of the distributing points shall be the county site, and
where there are two county sites in a county a distributing
point shall be maintained at each; and said agencies shall sell
to all persons desiring to purchase said books, to the patrons
of the public schools; and the contractor shall make arrange-
ments with two or more booksellers or merchants in towns
of two thousand or more inhabitants that may apply for agen-
cies to handle and distribute the books at said places, pro-
vided that such applicant for any agency shall execute and
tender to said contractor a valid contract and bond condi-
tioned for the faithful and efficient performance of his trust
as the agent of said contractor, and provided further, that
said contractor and said applicant for said agency agree as
to the terms and conditions of said agency, or contract, and
the amount of said bond ; and it shall be unlawful for said
contractor, either directly or indirectly, to give to any appli-
cant complying with the provisions of this act any advantage
over another in the contract or terms of such agency. All
books shall be sold to the consumer at the retail contract price
and in each book shall be printed the following: "The price

116 TEXT-BOOKS

fixed hereon is by state contract and any excess thereon shall
be reported to the county superintendent, or the state super-
intendent of education at Jackson, Mississippi."

Chap. 219, Laws 1910. Sec. 7850 Hemingway's Code.

Apply only to future contracts. — 2. That this act shall apply
to all contracts hereafter made by the commission, but that
it shall have no force and effect as to contracts now in ex-
istence.

CODE 1906.

Sec. 7851 Hemingway's Code.

4607. Damages for failure to meet demand for books. — It

is expressly provided that should any contractor fail to fur-
nish the books sufficient to meet the demand and at the prices
designated, or otherwise fail to comply with the contract, in
addition to the right of the state to sue on the bond as herein-
before required, the county superintendent of education in
any county of the state where such breach of contract may bt
made, may bring suit for damages in the name of the Statt
of Mississippi in the proper court of the county wherein ht
resides, for the use and benefit of the school fund of the coun-
ty, and in all cases arising hereunder service of process may
be had and deemed sufficient on any agent of the contractor
in this state.

Sec. 7852 Hemingway's Code.

4608. Commission to enforce provisions. — Said commission
may make any necessary regulations not contrary to the pro-
visions herein mentioned to secure the prompt distribution of
the books herein provided for, and the prompt and faithful ex-
ecution of all contracts, and it is expressly provided that said
commission shall maintain its organization during the five
years of the continuance of this contract.

Sec. 7853 Hemingway's Code.

4609. State superintendent to notify county superintend-
ents.— As soon as practicable after the adoption of the text-
books the state superintendent shall issue a circular letter to
each of the county superintendents of education in this state,
and to such teachers and other persons as he may desire,
stating the list of books adopted, the prices, location of agen-
cies, and such other information as he may deem necessary.

Sec. 7854 Hemingway's Code.

4610. Books adopted to supplant all others — Exceptions.—
The books adopted as a uniform series of text-books shall bt
introduced and used as text-books to the exclusion of all oth-
ers in the public schools of this state, and continue to be used

TEXT-BOOKS 117

for five years as said text-books, except as herein provided
for the change of said books as the commission may deem
advisable for the best interests of the public schools of this
state; provided, that nothing in this chapter shall be con-
strued to prevent the use of supplementary books, but such
supplementary books shall not be used to the exclusion of the
books adopted under the provisions of this chapter; provided,
further, that nothing herein provided shall prevent the teach-
ing in any of the public schools of this state any branch higher
or more advanced than is embraced in any previous section
of this chapter, nor the using of any books upon such higher
branch of study; provided, that such branch shall not be
taught to the exclusion of the branches mentioned and set
forth.

Sec. 7855 Hemingway's Code.

4611. Penalty for violating text-book provisions. — Any

person violating the provisions of the law on the subject of
uniform text-books shall be guilty of a misdemeanor, and, up-
on conviction, be punished by a fine of not less than ten dollars
nor more than fifty dollars.

Sec. 7856 Hemingway's Code.

4612. Penalty for teaching other books. — Any teacher who
shall use or permit to be used in his or her school any text-
book upon the branches embraced in this chapter other than
the ones adopted by said text-book commission upon said
branch as hereinbefore provided, shall be guilty of a misde-
meanor, and, upon conviction, shall be punished as provided
for in the preceding section.

Sec. 7857 Hemingway's Code.

4613. Penalty for demanding more than contract price.—

If any local agent, clerk, dealer, or other person handling or
selling the books adopted under the provisions of this law
shall demand or receive in cash more than the contract price
for any of the books herein provided for, he shall be guilty
of a misdemeanor, and, upon conviction, shall, for each of-
fense, be punished by a fine of not less than fifty dollars nor
more than five hundred dollars.

Sec. 7858 Hemingway's Code.

4614. Commission to keep a journal of its procedings.— The

commission is required to keep a journal of its proceedings,
which journal shall, at the close of each meeting, be signed by
the president and secretary of the commission, and when the
text-books shall have been adopted according to the provi-
sions of this chapter, the journal shall be filed in the office
of the secretary of state, and a separate journal shall be kept
of subsequent meetings, which journal shall be filed in the
office of the secretary of state.

118 TEXT-BOOKS

Sec. 7859 Hemingway's Code.

4615. Commission can not extend contract. — The members
of the commission provided for by section 7837 shall hold their
office for five years from the date of their appointment and
until their successors are duly appointed and qualified, and
shall have no power to extend any contract made by them,
but their successors, duly appointed and qualified as provided
for by section 7837, shall be authorized and directed to exe-
cute a new contract on the same terms and conditions as is
provided hereunder.

Chap. 219, Laws 1910. Sec. 7860 Hemingway's Code.

4616. Members of commission not to accept employment or
receive gifts or donations from book dealers — Penalty. — It

shall be unlawful for any member of the school-book commis-
sion during the term of his appointment or office to accept or
receive from any school-book company, firm, corporation, or
agent, any employment, retainer, compensation, reward, emol-
ument, gift, or donation, directly or indirectly, except books
actually submitted for inspection with the bona fide view of
securing their adoption; and it shall be unlawful for any
school-book company, firm, corporation or agent to employ or
retain or offer to employ or retain any member of such com-
mission, or to pay or to offer to pay any compensation, re-
ward, or emolument to any member of such commission, or to
give or offer to give any donation to any member of such
commission, except books or school apparatus actually sub-
mitted for inspection, with the bona fide view of securing
their adoption. Any violation of this section shall be pun-
ishable by a fine of not more than one thousand dollars or by
imprisonment in the penitentiary for not more than two years,
or both.

Sec. 7862 Hemingway's Code.

4618. Compensation and mileage of commissioners. — The
superintendent of public education shall serve on the com-
mission without compensation, and the other members of the
commission shall be paid the sum of five dollars per day dur-
ing the time they are actually employed, not to exceed thirty
days, and, together with the superintendent of public educa-
tion, shall receive ten cents a mile for each mile actually trav-
eled from their homes to the place of meeting and return, and
all necessary expenses for advertising, to be paid out of the
general school fund, and they shall each make and swear to
a statement of the number of miles traveled, and the number
of days actually employed.

TEXT-BOOKS 119

Sec. 7863 Hemingway's Code.

4619. When contract forfeited. — In case of the failure of
any contractor to furnish the books provided for in his con-
tract, then his bond shall be declared forfeited, and the com-
mission is authorized and empowered to make such other con-
tract for the unexpired term with any person, firm or cor-
poration to provide and furnish such books as they may deem
advisable for the best interest of the state.

Sec. 7864 Hemingway's Code..

4620. When commissioners shall be disqualified to vote on
contracts. — If any person related within the third degree by
blood or marriage to any member of the school-book commis-
sion, or is associated in any business or partnership with any
member of said commission, shall be employed in good faith
by any school-book company, firm, corporation or agent in con-
nection with the adoption of school-books in this state, the
member of said commission so related by blood or marriage,
or so associated in business with such person, shall not vote
for the adoption of any school-book offered for adoption by
such school-book company, firm, corporation or agent.

12« SIXTEENTH SECTIONS

SIXTEENTH SECTIONS.

Sec. 7505 Hemingway's Code.

4695. Titles to be investigated and established.— The board
of supervisors of each county wherein is situated a sixteenth
section of land, or a part of such a section, or another section
or part of another section taken in lieu of any sixteenth sec-
tion or part thereof, reserved for the support of township
schools, shall employ one or more competent persons for that
purpose, and shall take all such further action as shall be
necessary to ascertain the true condition of the title to each
parcel of such land in its county, and to establish and confirm
the same, fixing in each case the date of the expiration of any
lease thereof.

Code 1892.

A suit is maintainable by a county under this section where the
defendant claims the sixteenth section in fee simple under a deed
from the lessee, though the land was not sold by the county officials.
Carroll County v. Jones, 71 Miss. 947, 15 So. 106.

Employment generally of counsel by the year by the board of su-
pervisors, under Code 1892, § 293 (Code 1906, § 312), in no way de-
prives it of specially employing a different lawyer to investigate the
special matter of title to sixteenth section school lands and to bring
suit to confirm title thereto. Warren County v. Dabney, 81 Misg. 278,
32 So. 908.

Code 1906.

The title to the sixteenth section of land is in the state, in trust for
the support of the public schools of the township wherein the same is
situated. Jefferson Davis County v. James-Sumrall Lumber Co., 94
Miss. i30, 49 So. 611.

Code 1906, §§ 4695-4716, is within the power of the state and is not
a delegation of power within the rule prohibiting the delegation of
power, for a "county" is a mere political subdivision of the state,
created to act for the state in local matters, and the state, in thus
dealing with the sixteenth section of land, acts through a govern-
mental agency. Jefferson Davis County v. James-Sumrall Lumber Co.,
94 Miss. 530, 49 So. 611.

Code 1906, §§ 4695-4716, confer on the counties all powers necessary
to carry out the purpose of the grant of jurisdiction and control, and a
county may sue for waste committed in cutting timber from a sixteenth
section. Jefferson Davis County v. James-Sumrall Lumber Co., 94
Miss., 530, 49 So. 611.

Sec. 7506 Hemingway's Code.

4696. Abstracts of title. — A complete abstract of title shall
be made of each parcel of said land; and such abstract shall
contain references, by book and page, to the acts of congress,
the acts of the legislature, and to all records relating thereto •
and every such abstract shall be duly certified and recorded

SIXTEENTH SECTIONS 121

in the record of deeds, and be styled and indexed under the

head of "Sixteenth Sections, T. , R ;" and it shall be

so styled and indexed whether the land be in a sixteenth
section or in another section taken in lieu of it ; and the origi-
nal shall be deposited in the land office.

Sec. 7508 Hemingway's Code.

4698. Suits to establish title and settle disputes.— It is the
duty of the board of supervisors, and of such competent per-
son or persons so employed, in the name of the county, and
the privilege of any person interested, to institute and prose-
cute to effect, in the chancery court of the county where the
land lies, all necessary suits to establish and confirm the title
to each parcel of such land and to fix the date of the expira-
tion of any lease of the same; and if any person claim any
of said lands in fee simple, or upon any other terms than that
of a lease to expire at a fixed date, with absolute reversion
to the state in trust, or if the title to such lands rest in parol,
by destruction of records or otherwise, suit shall be instituted
at once, or as soon as practicable, to test the legality of such
claims or to re-establish the lost record.

Code 1892.

The interest referred to in this section is that of a citizen in a civil
subdivision in the assertion of the rights of the pubic and not the
interest of an owner or lessee of the lands. Such owner or lessee can
not bring this action in his own behalf. Osburn v. Hinds County, 71
Miss. 19, 14 So. 457.

Compliance by the board of supervisors with the requirements of
Code 1892, §§ 4144, 4145, 4146 (Code 1906, §§ 4695, 4696, 4697), being
for the benefit of the public, is not a prerequisite to bringing suit
under this section to establish and confirm the title. Wright v. Lau-
derdale County, 71 Miss. 800, 15 So. 116.

Notwithstanding Code 1892, § 501 (Code 1906, § 551), it is sufficient
in a suit under this section in behalf of the county to aver reservation
of title by the United States for school purposes and that the legal
title remains in the United States, affected with the public trust for
support of schools in the township. Wright v. Lauderdale County, 71
Miss. 800, 15 So. 116.

Carroll County v. Jones, 71 Miss. 947, 15 So. 106; Warren County
T. Dabney, 81 Miss. 273, 32 So. 908.

Sec. 7509 Hemingway's Code.

4699. Rule of evidence. — Adverse possession for a period
of twenty-five years, under a claim of right or title, shall be
prima facie evidence in such case that the law authorizing
the disposition of the lands had been complied with and the
lease or sale duly made. If the claim be under a lease, the
time at which the lease expires shall be fixed by the court.

122 SIXTEENTH SECTIONS

Code 1892.

This section is not confined to cases in which a lease has in fact
been made and such lease is attacked because of alleged infirmity
growing out of absence of evidence in compliance with the law. Car-
roll County v. Estes, 72 Miss. 171, 16 So. 908.

Wherever there has been adverse possession for twenty-five years
under a paper title, purporting to assign a lease, the statute applies.
Carroll County v. Estes, 72 Miss. 171, 16 So. 908.

To the same effect, see Amite County v. Steen, 72 Miss. 567, 17 So.
930; and Forsdick v. Tallahatchie County, 76 Miss. 622, 24 So. 962.

In the absence of sufficient evidence a lease of a sixteenth section
by school trustees will not be presumed. Weiler v. Monroe County,

74 Miss. 682, 22 So. 188.

No presumption that the sixteenth section has been leased will be
indulged in support of a tax deed, Code 1892, § 1806 (Code 1906, §
1983), as to prima facie effect of tax deeds, being without application
in such case. Leflore County v. Bush, 76 Miss. 551, 25 So. 351, dis-
tinguishing Chamberlain v. Lawrence, 71 Miss. 949, 15 So. 40.

No presumption of sale or lease of school land is indulged except
that arising under this section. Leflore County v. Bush, 76 Miss. 551,
25 So. 351.

A sale in fee of the sixteenth section school lands has never been
authorized by law in this state. Weiler v. Monroe County, 76 Miss.
492, 25 So. 352, explaining Weiler v. Monroe County, 74 Miss. 682, 22
So. 188.

The statute of limitations does not run against the reversion in a
sixteenth* section during the existence of a lease. Weiler v. Monroe
County, 76 Miss. 492, 25 So. 352.

See Sexton v. Coahoma County, 86 Miss. 380, 38 So. 636.

Sec. 7510 Hemingway's Code.

4700. Lands to be leased.— None of such lands shall ever
be sold, but they shall be leased; those not in a city, town, or
village for a term not exceeding fifteen years, and those in a
city, town, or village for a term not exceeding twenty-five
years, on condition of the payment annually of the rent re-
served. No timber shall be cut or used by the lessees except
for fuel and necessary repairs and improvement on the land.

Code 1892.

Leaseholders or other private interests of persons in sixteenth sec-
tions of land in this state are subject to taxation. Street v. Columbus,

75 Miss. 822, 23 So. 773.

A tenant for years cutting standing timber on a -sixteenth section
for sale is guilty of waste. Warren County v. Gans, 80 Miss. 76, 31
So. 539.

And such timber may be replevied by the county under the pro-
visions of this chapter, the land having been leased in 1834 for ninety-
nine years under the laws of this state then in force. Warren County
v. Gans, 80 Miss. 76, 31 So. 539.

SIXTEENTH SECTIONS 123

A bill in equity to recover for waste simply averring that the school
authorities had leased the land, that the lessee had assigned the lease
and that defendant held under it, is demurrable for a failure to show
the term of the lease, when, where, by whom and to whom it was made.
Adams v. Griffin, 85 Miss. 1, 37 So. 457.

Code 1906.

The cutting of timber for commercial purposes from the sixteenth
section leasehold is waste, notwithstanding a claim that the timber
was cut and sold for agricultural purposes. Jefferson Davis County v.
James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611.

The good faith of a tenant of the sixteenth section of land in clear-
ing up portions of it for cultivation is for the jury. Jefferson Davis
County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611.

A tenant of the sixteenth section land may clear up for cultivation
such portion of it as a prudent owner in fee would clear for that
purpose, provided he leaves enough timber necessary for the perma-
nent use and enjoyment of the inheritance, but he must do this in good
faith, or he may be guilty of waste. Jefferson Davis County v. James-
Sumrall Lumber Co., 94 Miss. 530, 49 So. 611.

Since it is unlawful for the lessee of a sixteenth section of state
land to sell for commercial purposes the timber standing thereon, the
warranty in a sale of such timber by the lessee is broken when made,
and an action for such breach at once lies, without any hostile asser-
tion of the paramount title. Jackson Naval Stores Co. v. Tootle, 96
Miss. 486, 51 So. 801; Moss Point Lumber Co. v. Harrison County, 89
Miss. 448, 42 So. 290, 873.

(1817, art. VI, § 20.)

Purchaser at a tax sale of leasehold interest in sixteenth section
land acquired only the soil, where the lessee had sold the timber to
one who paid the taxes thereon. Caston v. Pine Lumber Co., 110 Miss.
165, 69 So. 668.

Sec. 7511 Hemingway's Code.

4701. Counties to have control. — The several counties
wherein are situated any of such lands have, through their
respective boards of supervisors, under the general supervi-
sion of the land commissioner, jurisdiction and control there-
of, and of all funds arising from any disposition thereof here-
tofore or hereafter made; and shall cause all such funds to
be paid into their respective treasuries, and all notes, bonds,
and other securities for the same to be turned over to the
county treasurers and duly collected. All funds derived
from such lands shall be credited to the proper township, and
each treasurer shall keep a separate account with each town-
ship. Such funds shall not be expended otherwise than for
the purpose of education within the township to which they
belong, but the board of supervisors may appropriate the
funds for the erection of necessary buildings and improve-
ments upon the land. The whole of the funds derived from
annual payments of rents may be expended, but only the in-
terest of other funds. The boards of supervisors may require
additional bonds from the county treasurers to protect such

124 SIXTEENTH SECTION'S

funds, but they shall be liable therefor on their official bonds.
All securities heretofore taken for any such funds shall be
delivered to the county treasurer and collected as in other
cases.

Schools, see § 7386.

Code 1906.

Under Code 1906, § 4701, an unliquidated claim for wrongfully cut-
ting timber on sixteenth section lands was not within the provisions of
Const. 1890, § 100, and hence the supervisors had full authority to
settle such claim. Eastman, Gardiner & Co. v. Adams, 101 Miss. 460,
58 So. 221.

CHAPTER 220.

LAWS 1910.
Sec. 7512 Hemingway's Code.

4702. May sell timber. — That the board of supervisors in
counties having control of any sixteenth section of land, or a
part of such section or of another section or part of a section
taken in lieu of any sixteenth section or a part thereof, re-
served for the support of township schools, be, and they are
hereby authorized and empowered, to sell the merchantable
timber of any and all varieties and wood and gravel and acid
iron earth, on such land, or to lease for a term not exceeding
three years said lands for turpentine, or pasturage purposes
for a term not exceeding one year. The funds arising from
ttie sale of such timber or wood or gravel or acid iron earth or
from the lease for turpentine or pasturage purposes shall be
credited to the proper township, and the treasurer shall keep
a separate account with each township. Such funds shall not
be expended but shall be loaned out by the boards of super-
visors in the same manner and under the same restrictions as
provided by law for the loan and security of other sixteenth
section funds. The interest arising from such funds shall be
expended for the support of the township schools as is pro-
vided by law for the expenditure of the interest on other six-
teenth sections.

Code 1906.

Under Const. 1890, § 211, limiting the time for which the state caa
part with control of school lands, and under Code 1906, § 4702 (§ 7512,
this Code), authorizing the board of supervisors to sell the timber on
such lands, the supervisors may permit the purchaser to enter the
land to remove the timber, and to burden the land with the support
thereof until removed, but they can not grant him an indefinite lengtk
of time. Dantzler Lumber Co. v. State, 97 Miss. 355, 53 So. 1; State
r. Blodgett, 110 Miss. 768, 70 So. 710; State v. Dunnam, 67 So. 461,
not officially reported.

SIXTEENTH SECTIONS 125

Under Code 1906, § 4702, empowering county supervisors controlling
•cbool lands to sell the merchantable timber thereon, a corporation
may lawfully acquire and dispose of such timber for commercial pur-
poses. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss.
Ill, 61 So. 166.

Since under Code 1906, § 4702, a corporation may acquire the right
to cut timber from sixteenth section land for commercial purposes,
its warranty that it had the right to sell the timber for such purposes,
with an agreement that in the event it had no such right to acquire
it for the benefit of the buyer when called on to do so, and in default
thereof to refund the purchase-money, was not void as being an agree-
ment to protect the buyer in any illegal act. Southern Plantations
Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166.

A warranty expressly covering all of the timber on a tract can not
be restricted by implication because of recitals in other parts of the
deed, unless the intention to do so is expressed in unambiguous lan-
guage, and the fact that the deed on its face shows a part of the land
is sixteenth section land is immaterial to the grantee's right to re--
cover for a breach of warranty. Southern Plantations Co. v. Kennedy
Heading Co., 104 Miss. 131, 61 So. 166.

A purchaser of timber on sixteenth section land from the lessee,
who paid taxes for the timber and subsequently purchased it from the
board of supervisors, was the owner of such timber, notwithstanding
sale of the leasehold interest for taxes. Caston v. Pine Lumber Co.,
110 Miss. 165, 69 So. 668.

CHAPTER 229.

LAWS 1916.
Sec. 7513 Hemingway's Code.

4703. How funds loaned and secured. — That funds arising
from the disposition of the sixteenth sections now on hand,
and all such as shall accrue, together with all unexpended
balances of annual rentals which shall accumulate, shall be
loaned out for terms not exceeding five years, to be fixed by
the board of supervisors, and at a rate of interest not less
than six per centum, to be likewise fixed, the borrower in all
eeses securing the same by a first trust deed upon improved
real estate, duly filed and recorded; but a loan shall not be
made until after the borrower shall have furnished, at his own
expense, a complete abstract of title to the land offered as
security for such loan, and that the certificate of the attorney
for the board of supervisors or some reputable attorney satis-
factory to the board of supervisors, be attached to said ab-
stract, setting forth that in his opinion the reputed owner has
a perfect title to said land and that a trust deed executed
properly will be a first lien thereon. Provided, however, in
all cases that the board of supervisors or a committee there-
from shall have first inspected the proposed security and ap-
praised same at an amount double the value of the proposed

126 SIXTEENTH SECTIONS

loan, that is to say, no loan shall be made for a greater amount
than one-half of the actual value of the land, to be deter-
mined by appraisement by the board of supervisors, or its
committee, and said appraisement to be reported in writing
and said report recorded on the minutes of the board of
supervisors. When said loan is made the recorded trust deed
and the abstract of title shall 'be turned over to and held by
the county treasurer or county depository in which the funds
from which the loan made are deposited. But the board of
supervisors shall have the authority to lend such funds to the
board of trustees of any agricultural high school in the county
at a rate of interest heretofore provided for a term not ex-
ceeding twenty (20) years, for the erection, equipment or re-
pair of county agricultural high schools. The board of super-
visors in any county in which sixteenth section school funds
shall have been loaned to the board of trustees of agricultural
high schools levy annually when other taxes are levied a
special tax to be used exclusively in paying the interest on
such loans and in providing a sinking fund for their redemp-
tion. If any funds shall be loaned or invested in any other
manner, each officer concerned in making such loan and in-
vestment or suffering the same to be made, in violation of the
provisions of this section, shall be liable personally and on
his official bond for the safety of the funds so loaned.

CHAPTER 142.

LAWS 1916.
Sec. 7514 Hemingway's Code.

Counties may purchase, hold and dispose of securities
pledged for loans from the sixteenth section funds. — 1. The

board of supervisors of the respective counties in the State
of Mississippi, are hereby authorized to purchase any real
property or other security pledged to any county to secure
loans from the sixteenth section funds of any county, at any
sale resulting from the default in the payment of the interest
or principal of any loan or any part thereof, providing no
other bid or offer is made at such sale for an amount equal
to the total amount of principal, interest and all cost of such
sale, and the party so making such sale is authorized to ex-
ecute the proper deed of conveyance for said property to the
county so purchasing at such sale, said property or security
to be held by said county for the use of sixteenth section
funds from which the loan or loans on said security were
made; and the board of supervisors of the county are hereby
authorized to sell, rent or lease said property or security
either at private or public sale, as the board of supervisors

SIXTEENTH SECTIONS 127

shall deem for the best interest of said sixteenth section funds,
such sale or leases to be made for either a cash consideration
or part cash and balance in deferred payments, in the discre-
tion of said board, any balance in deferred payments not to
exceed two years from date of sale by said board, and the
county shall have a lien on same for purchase-money as
against all persons until paid.

The deed of conveyance in such cases shall be executed
in the name of the county by the president of the board of
supervisors, pursuant to an order of the board entered on its
minutes. The proceeds of all such sales, rents or leases shall
be paid to the proper sixteenth section funds from which the
loan originated, and for which the security so sold was
pledged.

CHAPTER 144.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That section 4704 of the code of 1906 be and the
same is hereby amended so as to read as follows:

How school funds used. — The available township school
funds may be appropriated for the building and repair of
school houses and the purchase of furniture for the same and
all necessary school supplies other than books, for the supply
of water and fuel, and for the payment of teachers, both by
supplementing the salaries of teachers during the public term
and the payment of salaries after the common school term
shall expire, and for clearing land, building improvements
on, and draining any 16th section lands of the township to
which said available funds may belong. And in cases where
children in adjoining townships having available school funds,
attend the same school, the trustees of each township shall
make a list of the educable children attending such school
from each township and file the same during the first month
of the term with the county superintendent of education, to
be used by him in determining the amount to be paid by each
township, and all such funds appropriated to pay or supple-
ment the salaries of teachers shall be paid out on certificate
of the county superintendent of education, and he shall in-
dicate on each certificate, the township to which the same
shall be charged, provided, that whenever available township
funds shall be used for the building and repair of school-
houses and the purchase of furniture and supplies and the im-
provement of lands, as provided in this section, the same shall
be paid out on allowance of the board of supervisors. And
the trustees of any township having sixteenth section lands to

128 SIXTEENTH SECTIONS

lease, may, with the approval of the board of suffttegors.
borrow money to build or make additions to publl<f «2R)ol
buildings of the township, and may pledge the rentsj arising
from or to be derived from the leasing of any sixteenth land*
in the township for the payment of the said money so bor-
rowed. The money to be borrowed, and the interest thereon
not to exceed the amount of the rent to be received from tht
leasing of the sixteenth section for six years, provided, that
any money so borrowed shall not be borrowe^ for a greater
rate of interest than six per cent per annum. .

Sec. 2. That this act take effect and be tfi force from and
after its passage.

CODE 1906.

rrc

V

Sec. 7016 Hemingway's Cocfc.

4705. Trustees of townships — They may determine how to
use. — The board of supervisors shall annually appoint three
trustees for each township in their respective counties having
school lands or funds, or which ought to have such lands or
funds; and the trustees shall recommend to the boards of
supervisors the lawful purposes for which the available school
funds of their township ought to be appropriated, and tht
same shall be appropriated accordingly.

Sec. 7517 Hemingway's Cod«.

4706. How lands not in cities leased. — It is the duty of tht
superintendent of education of each county, with the ap-
proval of the board of supervisors and upon consent being
obtained as provided in section 6667, to lease the sixteentk
section lands subject to lease' and not situated in a city, town,
or village, by public or private contract, as the board shall
direct, and for the term it shall direct ; and he shall take tht
notes for the rent and turn them over to the county treasu-
rer and attend to their collection. The county shall have all
the rights and remedies for the security and collection of
such rent given by law to agricultural landlords.

Sec. 7518 Hemingway's Code.

4707. How lands in cities leased. — When any of such lands
are situated in a city,' town, or village, and the same are or
become subject to leap, the board of supervisors shall appoint
three disinterested freeholders of the county to be appraisers,
whose duty it shall; be to appraise and report to the board
the actual annual rental value of each lot or parcel thereof,
with the improvements, if any, for a term of twenty-fivt
years. The board shall determine whether the same be tht
reasonable value thereof, subject to appeal to the circuit «ou»t
by any person interested, on behalf of the township.

SIXTEENTH SECTIONS 129

Sec. 7519 Hemingway's Code.

4708. Appeal and further proceedings. — The circuit court,
on appeal, which shall be granted by the board of supervi-
sors on application in writing and the execution of a bond
conditioned to pay the costs unless the rent shall be increased,
may determine whether the appraisement be reasonable, and
may hear proof and fix the reasonable rental value thereof,
by the verdict of a jury or otherwise. When the rental value
shall be finally fixed, the bona fide leaseholder of the expired
or unexpired term, if any such there be, shall have the pref-
erence to take the land and improvements, if any, for the
term of twenty-five years, at the annual rental so fixed; and
the superintendent of education shall see that the proper
lease be executed in duplicate, duly recorded, and one part
delivered to the county treasurer; and, if the last leaseholder
do not within ten days execute the lease, the superintendent
may lease the same on the terms fixed to the person who will
apply within thirty days, and he may do the same if there be
no former leaseholder; but, if some person do not so apply
and execute the proper lease, he shall lease the same for one
year, and continue to so lease it unless some person within
ten years of the date of fixing the value, shall execute a lease
of the same for the remainder of the term of twenty-five years
at the rental so fixed. At the expiration of ten years, where
some person has not taken the term, or if the term be taken
and expire, appraisers shall again be appointed and the like
proceedings had.

Sec. 7520 Hemingway's Code.

4709. Whether subject to lease determined. — The chancery
courts have jurisdiction to determine, on bill or petition, what
lands are or may be subject to lease under the provisions of
this chapter; but all sixteenth sections, or lands taken in lieu
thereof, are presumed to be so subject, unless' the contrary
be clearly shown.

CHAPTER 252.

LAWS 1914.
Sec. 7521 Hemingway's Code.

4710. Township divided by county line. — Where a town-
ship is divided so that parts are situated in different counties,
the county in which the section or lands in lieu thereof may
be situated, shall have jurisdiction thereof, and of the funds
derived from it ; and if the section or lands in lieu thereof be
in several counties, each county has jurisdiction of the part
lying in it, or the counties may co-operate in the management
thereof; but in any case the fund shall be accounted therefor
with each county according to the number of educable chil-

130 SIXTEENTH SECTIONS

dren in the part of the township in it as compared with the
whole number in the township. And any county now having
and hereafter receiving or collecting funds belonging to an-
other county shall immediately thereafter pay over such
funds, transfer and assign all notes, deeds of trust and securi-
ty for funds loaned Out to the treasury of the county entitled
thereto.

CODE 1906.

Sec. 7522 Hemingway's Code.

4711. Consent of inhabitants to leases. — The consent of the
inhabitants of a township to the leasing of the sixteenth sec-
tion lands shall be obtained by the township trustees in the
following manner: They shall give notice by posting in three
or more public places in the township for at least five days,
and call a meeting of the heads of families in the township,
to be held at a conveniently located school house therein, on a
Saturday to be named in the notice. On the day named the
trustees shall attend, organize the meeting, and take the sense
thereof as to whether the lands shall be leased for a term of
years. Unless the inhabitants thus consent, the lands shall
not be leased for a longer term than one year. The consent,
or refusal of consent, shall be certified to the board of super-
visors at its next or a subsequent meeting, by the trustees,
under oath; and the certificate of the trustees shall be con-
clusive of the facts stated therein three months after the ad-
journment of the meeting at which the certificate shall be
spread upon the minutes of the board.

Sec. 7523 Hemingway's Code.

4712. Certain lands in lieu of. — The land commissioner
shall ascertain the townships entitled to participate in the dis-
tribution of the thirty thousand eight hundred and twenty-
nine and sixteen one-hundredths acres of land in Hancock
county received in lieu of sixteenth sections, and he shall,
with the aid of the governor and attorney-general, allot the
land ratably to the proper townships of the several counties,
and notify the board of supervisors of the allotment; and
thereafter the land shall be dealt with in all respects as other
sixteenth section lands, notwithstanding their location outside
of the counties interested. If any of said lands be found to
be in Pearl River county, they shall likewise be so allotted.

Sec. 7524 Hemingway's Code.

4713. Expenses. — All expenses incurred by the boards of
supervisors in the performance of their duties under the pro-
visions .of this chapter shall be paid out of the proper sixteenth
section funds; but if there be no such funds, then out of the
county treasury.

SIXTEENTH SECTIONS 131

Sec. 7525 Hemingway's Code.

4714. Sixteenth section or school lands — Lease may be con-
firmed and quieted. — Any person holding or claiming any six-
teenth section or school land, under a lease heretofore made
by the board of supervisors, or by their authority or direc-
tion, may proceed by bill in the chancery court to have such
lease confirmed and quieted. He shall set forth in his bill his
claim or title under the lease which he asks to have confirmed,
the date of such lease, to whom made, the consideration and
the amount paid and to be paid, if any. The president of the
board of supervisors of the county in which suit is filed and
in which the land may be located shall be made a party de-
fendant, and process shall be served on him as in other cases
in chancery. Such suits shall be brought in the county in
which the sixteenth section or some part thereof is located,
and shall be proceeded with as in other cases in chancery,
except that the bill shall not be taken as confessed; and it
shall be competent for the court to hear and consider evidence
aliunde the records of the board of supervisors as to whether
the lease sought to be confirmed was legally made, and
whether the complainant is entitled to relief. If it be clearly
proven that the requirements of law regulating such leases
were complied with, the proper relief shall be granted even
though the records contain no such affirmative showing. The
party claiming title under such lease shall be entitled to the
benefits of this section whether the suit be filed by him or by
the county, as required by this chapter.

Sec. 7526 Hemingway's Code.

4715. Decree of confirmation to be issued. — Should the
court be of the opinion that the complainant is entitled to
relief, it shall decree a confirmation of the lease under which
complainant claims, fix the date of its commencement and
termination, and such decree shall vest in the complainant a
good and perfect title to the term of the lease for the time
fixed in such decree ; but nothing in this or the preceding sec-
tion shall be construed as releasing any person from the pay-
ment in full of any balance that may be due on any lease,
under which he may claim or hold any or all of such sixteenth
section or school land, but he must either pay or tender in
court any balance that may be due as aforesaid before the
relief prayed for jshall be granted.

CHAPTER 275.

LAWS 1914.
Sec. 7527 Hemingway's Code.

4716. If lease illegally made court may have account
stated. — Should it appear to the court that the lease under

132 SIXTEENTH SECTIONS

which, complainant holds or claims title was illegally made and
void, then the court may proceed to have an account stated
of the amount of money, principal and interest, which has
actually been paid in consideration for such lease by the com-
plainant and those under whom he may claim, and an account
of the rents, issues and profits arising from said land, less the
cost of any necessary, permanent, valuable and not ornamen-
tal improvements made upon said lands, and may decree any
excess of money paid, and interest and costs of improvements
over the rents, issues and profits to complainant, and such
decree shall be a lien upon the rents, issues and profits ac-
crued, or to accrue, from the particular sixteenth section in-
volved in such suit until the same is fully paid and satisfied,
and upon the rendition of such decree the clerk of the board
of supervisors shall issue a warrant for the amount decreed
to be paid to the complainant against the funds of such six-
teenth section, and the same shall be paid out of the first
available money to the credit of such fund. Any excess in the
amounts of the rents, issues and profits, after deducting the
cpst of improvements and amount paid by complainant, shall
be decreed against him, together with a writ of possession in
favor of the defendant. All court costs in suits brought un-
der section 4714 of this chapter shall be paid by the party or
parties seeking relief under the provisions hereof.

Code 1906.

Code 1906, §§ 4695-4716, confer on the counties all powers necessary
to carry out the purpose of the grant of jurisdiction and control, and
a county may sue for waste committed in cutting timber from a six-
teenth section. Jefferson Davis County v. James-Sumrall Lumber Co.,
94 Miss. 530, 49 So. 611.

Code 1906, §§ 4695-4716, is within the power of the state and is not
a delegation of power within the rule prohibiting the delegation of
power, for a "county" is a mere political subdivision of the state,
created to act for the state in local matters, and the state, in thus
dealing with the sixteenth section of land, acts through a govern-
mental agency. Jefferson Davis County v. James-Sumrall Lumber Co.,
94 Miss. 530, 49 So. 611.

CHAPTER 177.
LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That chapter 140 of the laws of 1916 be amended
to read as follows: That the board of supervisors of the
counties in the state of Mississippi that are entitled to par-
ticipate in the distribution of the thirty thousand, eight hun-
dred and twenty-nine and 16-100, (30,829.16) acres of land in
Hancock county, in said state received in lieu of sixteenth sec-
tions, be, and they are hereby required to employ and contract
with one or more competent persons to go upon said lands and

SIXTEENTH SECTIONS 133

examine and inspect the same, and to divide and allot and
assign to each county interested therein, the lands of such
county in severalty by proper description, so that the land
belonging to any county can be easily located and identified.
Such person or persons so employed and contracted with,
shall furnish the said county a map or plat showing by
specific and sufficient description the particular lands allotted
and assigned to such county as approved by the attorney gen-
eral as hereinafter provided. And where more than one town-
ship in a county is interested in said lands in Hancock county,
such person or persons shall furnish to the county a map or
plat showing by specific and sufficient description the particu-
lar lands allotted and assigned to each township in such
county.

Sec. 2. That the person or persons so employed and con-
tracted with, shall take an oath to honestly, faithfully and
impartially make the division, allotment, assignment and
description directed to be made, and otherwise 'perform the
duties required of them under this act, to the best of his or
their skill, knowledge and judgment, and such person and if
more than one, then each of them shall enter into bond with
good and sufficient sureties to be filed and approved by the
attorney general of the state, payable jointly to all counties
contracted with, by such party or parties, in the sum of two
thousand dollars, ($2,000.00) conditioned that he or they will
make the partition and division and allotment and assignment
in accordance with law and this act, within twelve months
from the date of the approval of the bond.

Sec. 3. That the expenses incurred by the several boards
of supervisors or the attorney general under this act shall
be paid out of the sixteenth section funds of the township in
said counties interested in said lands in Hancock county, if
the boards of supervisors can not pay from such funds, then
such payment shall be made out of the general county fund
of the several counties. But such expense shall not exceed in
the aggregate twenty-two cents an acre.

Sec. 4. Should any county entitled to participate in the
division of the lieu lands situated in Hancock county fail to
make contract for its proper division, allotment, assignment
and description within eight months after the passage of this
act, the attorney general of the state is authorized and em-
powered on behalf of such county to contract with such party
or parties having the largest amount of contracts from the
counties entitled to participate in the lieu lands, for and on
behalf of the county or counties so failing to act.

Sec. 5. All counties failing to make proper arrangements
for the allotment, division, assignment and description of the

134 SIXTEENTH SECTIONS

lieu lands as provided for herein shall be liable to the party
contracted with by the attorney general, and after the work
is completed and approved, as herein provided, the party or
parties may maintain action against the county to recover the
amount due him or them on such contract made by the board
of supervisors or the attorney general.

Sec. 6. The party or parties making the allotment, division,
partition and assignment of the lieu lands herein, shall submit
same to attorney general for his approval and shall file with
the land office the plat or map or other documents as ap-
proved by the attorney, general, a copy of which he or they
shall send to each county whose land was alloted, divided, as-
signed and described.

Sec. 7. Upon the approval of the division, allotment and
description by the attorney general as filed in the land office,
the titles to such lands by each township shall vest and belong
to the township, as therein divided, alloted and described.

Sec. 8. Should any of these lieu lands now be located in
Pearl River county because of change in county line between
Hancock and Pearl River county, this act shall apply to the
said lieu lands in the same manner as those located in Han-
cock county.

Sec. 9. That this act take effect and be in force from and
after its passage.

CHAPTER 140.

LAWS 1916.
Sec. 7529 Hemingway's Code.

Oath and bond required of persons employed to make allot-
ment.— 2. That the person or persons so employed and contract-
ed with shall take an oath to honestly, faithfully and impartially
make the partition and division, the allotment and assignment
directed to be made, and otherwise to perform the duties re-
quired of them under this act to the best of his or their skill,
knowledge and judgment. And such person, and if more than
one, then each of them, shall enter into bond with good and
sufficient sureties to be approved by the board of supervisors
of the county, or the president of the board of supervisors
of the county, payable to each county so employing and con-
tracting with him or them in a penalty of one thousand dol-
lars ($1,000.00), conditioned that he or they will make a par-
tition and division and allotment and assignment in accord-
ance with law and this legislative act, within twelve (12)
months from the date of the contract of employment.
Chap. 140, Laws 1916. Sec. 7530 Hemingway's Code.

Expense of distribution — How made. — 3. That the expenses
incurred by the several boards of supervisors under this act

SIXTEENTH SECTIONS 135

shall be paid out of the sixteenth section funds of the town-
ships in said counties interested in said lands in Hancock coun-
ty, if there be such funds ; and if there be no such funds, then
such payment shall be made out of the general county fund
of the several counties.

CHAPTER 252.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That every person whose ninety-nine year lease
to sixteenth section school lands in this state shall hereafter
expire shall be entitled to a credit for all permanent improve-
ments hereafter put on said land.

Sec. 2. The value ^of such improvements shall be ascer-
tained and fixed by the board of supervisors with the right of
appeal to the circuit court by any such bssee or by any person
interested on behalf of the township.

Sec. 3. The lessee shall not be entitled to any such pay-
ment in cash by the board of supervisors, but shall be entitled
to have the value of such improvements applied as a credit
on any new lease which he may make with the board of sup-
ervisors for the land on which such improvements are
situated.

Sec. 4. This act shall take effect and be in force from and
after the date of its passage.

CHAPTER 249.

LAWS 1918.

Section 1. Be it enacted by the Legislature of the State of
Mississippi, That it shall be the duty of the county superin-
tendent of education to collect all rents due for the lease of
sixteenth section school lands, and all interest and principal
due on loans made out of the sixteenth section school funds
of his county, and to account for the same to the board of
supervisors. That the board of supervisors shall turn all
such funds over to the county treasurer, taking the unusual
vouchers therefor, and see that funds. of each sixteenth sec-
tion is properly credited to it; provided that all evidences of
indebetedness shall include a provision for the payment of
ten per cent attorney's fee in case of default.

Sec. 2. Such superintendent may employ an attorney to
aid him in collecting any such funds when, in his opinion,
the same is necessary, and pay for the same out of the funds
collected, not to exceed, in any case, ten per cent of the
amount actually collected.

Sec. 3. That this act take effect and be in force from and
after its passage.

136 ILLITERACY COMMISSION

ILLITERACY COMMISSION.

CHAPTER 110.

LAWS 1916.
Sec. 4922 Hemingway's Code.

Creating a state illiteracy commission. — 1. There is hereby
created a commission to be known as "The Mississippi Illit-
eracy Commission," which shall be composed of five persons,
both men and women, including the state superintendent of
education, who shall be ex officio a member thereof. The
commissioners shall be appointed by the state superintendent
of education and shall be selected for their fitness, ability and
experience in matters of education, and their acquaintance
with the conditions of illiteracy in the State of Mississippi
and its various communities.

Chap. 110, Laws 1916. Sec. 4923 Hemingway's Code.

Commission made a body corporate— Officers of same.— 2.

That the members of the commission shall be and are hereby
constituted a body corporate with all the powers necessary
to carry into effect all the purposes of this act. The com-
missioners, after their appointment and qualifications, shall
organize by electing from their membership a president and a
secretary-treasurer. The secretary-treasurer shall execute a
bond to the state of Mississippi in a reputable bonding com-
pany and in such an amount as the commission may approve,
for the faithful performance of the duties of his office and for
the proper handling and accounting of all properties and
moneys which may come into his hands by virtue of his of-
fice; provided, that the secretary-treasurer may be Removed
by the commission and a successor appointed by the commis-
sion, in its discretion.

Chap. 110, Laws 1916. Sec. 4924 Hemingway's Code.

Collection of data as to adult illiteracy. — 3. That it shall be
the duty of the commission and it shall have the power to
make research, collect data, and procure the services of any
and all communities of the state looking to the obtaining of a
more detailed and definite knowledge as to the true condi-
tions of the state in regard to its adult illiteracy, and report
regularly the results of its labors to the governor, and to
perform any other act which in its discretion will contribute
to the elimination of the state's adult illiteracy by means of
the education and enlightenment of illiterate persons in the
state of Mississippi; and the commission shall expend any

ILLITERACY COMMISSION 137

funds or use anything of value it may receive in accordance
with such regulations as it may from time to time adopt;
provided, however, that any or all funds which may come into
the hands of the commission shall be expended in keeping
with the general purposes of this act.

Chap. 110, Laws 1916. Sec. 4925 Hemingway's Code.

Commission may adopt its own rules. — 4. That the commis-
sion shall adopt such rules and regulations as may seem ex-
pedient for carrying on its business in a manner which shall
seem to it most satisfactory.

Chap. 110, Laws 1916. Sec. 4926 Hemingway's Code.

Members to receive their expenses only. — 5. That the mem-
bers of this commission shall receive no compensation for their
services nor expenses of any kind out of the state treasury,
but they shall be reimbursed out of any funds which may
come into the hands erf the commission from other sources
for the use of the commission for their actual traveling . and
other necessary expenses incurred in the performance of their

duty.

Sec. 4927 Hemingway's Code.

No appropriation to be made. — 6. That no appropriation
shall be made in aid of the commission created in section 1
of this act from any state fund.

HOLIDAYS.

CHAPTER 125.

LAWS 1916.
Sec. 2043 Hemingway's Code.

That after the issuance of a proclamation by the governor
in any year hereinafter designating a day to be observed as
Thanksgiving day, that all the public schools taught in the
state shall observe the day as Thanksgiving day, and it shall be
declared a legal holiday for all public schools, and no session
shall be held during that day.
Chap. 125, Laws 1916. Sec. 2044 Hemingway's Code.

That the observance of the day by the teachers of public
schools shall not be deducted from their reports made to tho
county superintendents of education, but that they shall be
allowed pay for full time as though they had taught on this day.

APPENDIX

Trustees of separate school districts may contract with teachers
for a period of more than one year.

Jackson, Miss., March 2, 1911.

Hon. J. N. Powers, State Superintendent of Education, Jackson,
Miss.

Dear Sir : I have two letters referred to this office by you
for opinion, both asking whether or not it is within the power of
the trustees of a separate school district to contract with a prin-
cipal, or other teacher, of a school to teach more than one year.

Opinion — The trustees of separate school districts are five in
number, ''two being chosen each year for two succeeding years,
and one being chosen the third year, as vacancies shall occur. "
Their term of office is three years. Section 4257 of the Code of
1908. '

Section 4525, Mississippi Code of 1906, describes the powers
and duties of trustees of separate school districts. Among others,
they have power :

1 ' To prescribe and enforce rules, not inconsistent with law or
those prescribed by the State Board of Education, for their own
government and government of schools, and to transact their
business at regular or special meetings called for such purpose,
notice of which shall be given each member.

1 ' To elect a superintendent, if one be required, and a princi-
pal for each of the schools, and prescribe their powers and duties.

"To elect teachers, fix their salaries, terms of service, con-
tract with them, and impose fines and penalties for neglect of
duty."

Y •

In 35 Cyc., page 1079, it is said :

In the absence of a statutory provision limiting, either ex-
pressly or by implication, the time for which a contract for em-
ployment of a school teacher may be made, to a period within
the contracting school board's, or officer's, term of office, such
board or officers may bind their successors in office by employing
a teacher or superintendent for a period extending beyond their
term of office, or for the term of schools succeeding their term of
office, provided such contract is made in good faith, without
fraud or collusion, and for a reasonable period of time, and the
succeeding board, or officers, cannot ignore such contract because
of mere formal and technical defect, or abrogate it without a
valid reason therefor."

APPENDIX 139

We have no statute in this state fixing the term of such
contracts. On the contrary, Section 4525, paragraph K, set out
above, specifically grants power to the trustees "to elect teachers,
fix their salaries, terms of service, contract with them, etc.

It would be a strained construction to say that the "terms
of service " must be fixed within limits of a school year. My in-
formation is that teachers of separate school districts are never
employed for terms less than one full school year, although some-
times, perhaps, the right is reserved to terminate the contract
whenever the teacher's services shall cease to be satisfactory.

The contract must be limited to a reasonable period. What is
a reasonable period we are not called upon to decide, nor could
we decide if the question were asked us. That would depend
upon the circumstances in each case as they arise.

Respectfully,

S. S. HUDSON, Attorney General.
By CARL FOX, Assistant Attorney General.

Taxes — Separate School District — Limitations placed on taxation
by municipalities under Section 3430, Code 1906, not appli-
cable to municipalities as separate school districts. Chapter
186, Laws 1916, construed.

August 14, 1916.

Hon. W. H. Smith, Superintendent of Education, Jackson, Mis-
sissippi :

Dear Sir:

In re Chapter 186, Laws 1916.

I am in receipt of yours of recent date which reads as
follows :

"House Bill No. 161 (Chapter 186) Acts of 1916, repeals aU
former laws pertaining to operating and financing municipal and
rural separate school districts. Section 4 of this act provides the
manner of levying and collecting taxes for municipal separate
school districts. I will ask that you kindly furnish an opinion
to Mr. Walker Wood, Winona, Mississippi, a member of the
Board of Trustees of the Winona separate school district, as to
whether the Board of Aldermen of a municipality would violate
Section 3430 of the Code of 1906, in raising the levy for school
purposes, if such levy would increase the amount of the levy
for all school purposes, or does Section 3430, of the Code of
1906, include school taxes in its provision?"

140 APPENDIX

OPINION.

A reference to the school laws of this state will show that
separate provisions are made for levying taxes in municipal and
rural separate school districts, which do not include the powers
vested in municipalities under the Code chapter on municipali-
ties. Under Chapter 99 of the Code, it will be seen that one of
the powers conferred upon municipalities is the erection of
school buildings and aiding in the education of the children
thereof.

This power,' of course, is incidental to its rights as a mu-
nicipal corporation. Section 3317 as amended by Chapter 88 of
the Laws of 1912 fixes the amount of taxes which municipalities
are authorized to levy upon the property in the municipality for
all purposes. It is true that this chapter provides that cities of
5,000 inhabitants or over might levy a tax not to exceed 20 mills
on the dollar for a general revenue and improvements and a
special school system each.

Section 3430 applies to all municipalities and provides that
the Board of Aldermen and Mayor should annually make a
statement of the amount of taxes and other moneys collected dur-
ing the year and the expenditures, and prohibits any increase
of taxation over that of the preceding year or incurring indebt-
edness over and above that of the preceding year and fixes the
punishment therefor.

Separate school districts having municipalities as their head
are separate and distinct entities in law from municipal corpora-
tions proper, and may or may not embrace the same territory
embraced in the municipalities proper. Such municipal separate
school districts are authorized and created under the procedure
pointed out in Chapter 125 of the Code, and amendments thereto
for the special purpose of administering free schools therein
solely and for this purpose only. The management of said
schools is vested in a board of trustees elected by the Board of
Aldermen, and have their duties prescribed by law and not by
the municipality. Such trustees are officers of the State within
the meaning of the Constitution.

Section 4544 of Chapter 125 of the Code, dealing with schools
as amended by Chapter 101, Laws of 1908, Chapter 142,
Laws of 1910, Chapter 246, Laws of 1912, and 186, 1916, author-
ize the Mayor and Board of Aldermen of the municipality con-
stituting the separate school district and the Board of Supervi-
sors for unincorporated separate school districts to annually levy
a sufficient tax to pay for fuel and other necessaries for its public
schools to make such levy of taxes as may be necessary to main-
tain the schools, etc.

APPENDIX 141

Section 4, of Chapter 186, of the laws of 1916, provides :

1 1 2. That the Mayor and Board of Aldermen of a munici-
pality constituting a separate school district, whether such dis-
trict is composed alone of the corporate limits or the corporate
and added territory, shall annually levy a tax on the entire sepa-
rate district sufficient to pay for fuel and other necessaries of
the public school of the district, also for maintaining the schools
after the four months term provided for by the State, etc., and
provides how the taxable property in such separate school dis-
trict shall be assessed and the taxes collected, etc. ' ' -

Section 10 of said act gives to the trustees of separate school
district custody of the school property and entrusts to them the
charge and management of the erection, repairing and equipping
of the building of such schools.

It is plain from the foregoing that in levying such taxes for
a municipal separate school district upon all the property there-
of for school purposes the Mayor and Board of Aldermen act,
not as officers of the municipality, but as the duly constituted
authority of the municipal separate school district for the purpose
of maintaining the schools of such district under powers clearly
conferred upon them by law.

It is also plain that the Mayor and Board of Aldermen act in
a dual capacity as officers of the separate school district, in one
case, and as the constituted authority in the municipality in the
other. In performing the functions of the municipality they
draw their authority and power from their charter or the laws
governing municipalities; in the other instance they draw their
power and authority from the general law dealing with separate
school districts.

I, therefore, advise that in my opinion the taxes levied by
the Mayor and Board of Aldermen for school purposes on the
property in the municipal separate school districts is to be de-
termined by the laws applicable to schools, and not by the laws
of the municipality and that in my opinion such levy of taxes
for such school purposes should not be counted as a part of the
taxes allowed by law to be levied by a municipality for the pur-
pose of a municipality. Such taxes are separate and distinct,
levied under different powers and for different purposes.

Very truly yours,

ROSS A. COLLINS, Attorney General
LAMAR P. EASTERLING, Asst. Attorney General

142 APPENDIX

A CODE OF ETHICS FOR MISSISSIPPI TEACHERS.

1. No teacher should lend his or her name in anyway what-
soever in a situation which has arisen from attack upon a
teacher for personal or political reasons.

2. A teacher should not sever a contract with a school
board without sufficient notice, and then only if to do so is
in conformity with the rules and regulations under which the
teacher entered into the contract. On the contrary no teacher
should be displaced without timely warning.

3. To apply for a position held by another and not known
positively to be vacant is a violation of professional ethics.
Nor should a teacher enter into negotiations with school author-
ities regarding a position that h.as not been formally and offi-
cially declared vacant. This, however, shall never be construed as
precluding the right of teachers to direct letters of inquiry to
educational authorities as to probable vacancies in schools or
school systems. Advancement or a change of position should not
be sought through criticism of another teacher.

4. A situation may develop in a community in which no
ambitious or self-respecting teacher could hope to succeed.
Under such circumstances others in the profession should inform
prospective candidates of existing conditions; and it should
be considered unethical to accept such a position without a
change in conditions.

5. Teachers should not make special requests to indi-
vidual members of the school board. If an unusual or extra-
ordinary condition should arise, a teacher may go direct to the
board, but this should be done with the full knowledge of the
superintendent or principal. The practice of teachers going
direct to the board with complaints or for favors should be con-
demned as opposed to a professional spirit and a counter to
principles of successful organization and management.

6. A superintendent or principal should regard himself
as in honor bound to accord any teacher due consideration and
justice, and be prepared to give any complaint a fair and im-
partial hearing. His attitude towards his teachers should be
governed by the principle of merit alone.

7. That harmony and unity may prevail in the work of
the school, teachers should observe a respectful attitude towards
each other and to the principal and superintendent of the
schools. They should not indulge in criticism of each other or
of the principal or superintendent, excepting when the good
of the school is involved, and then only under conditions which
will permit of defense.

APPENDIX 143

8. It is most unprofessional and unethical for a school
superintendent or principal to issue a testimonial to a teacher
ascribing qualifications which she does not possess. In giving
a verbal or confidential estimate of a teacher's qualifications
for a position, school men should be absolutely frank with one
another and altogether act without any mental reservation
whatever.

9. It is unethical for a teacher to recommend to any school
board a teacher for a definite position unless said position has
been officiallly, legally and conclusively declared vacant.

10. Bad opinion of the members of the Board of Education,
of a superintendent, or other superior school official, no matter
what the reason for such opinion, can never justify a teacher,
or other inferior official, in public expression of such opinions
as long as such official relationship exists. Those in authority
are in turn, duty bound to withhold from the public information
and opinions as to the personal qualifications or the personal
attainments of teachers so long as said teachers are under
contract.

11. Obtaining and securing positions by fawning upon
members of Boards of Education or others in authority by
courting their personal favor, or by doubtful relations with them
will be regarded as undignified and unethical by respectable and
self-respecting teachers. The election of teachers to office
should be based solely upon merit. No other should be so quick
or so zealous to insist upon elections under such a system as
teachers themselves.

12. In communicating with parents or guardians, teachers
should exercise the utmost candor. They should hold inviolable
information as to the financial limitations of children or wards,
their physical or mental defects, their generalogies, or any other
information the public discussion or mention of which would
tend to prove displeasing or discouraging to sajd parents, guar-
dians, children or wards.

13. Teachers should fearlessly expose corrupt or dishonest
conduct in the profession, and there should be no hesitancy
on the part of teachers in exercising the utmost diligence to
disqualify and debar the criminal teacher whose conduct at
anytime becomes a reproach to the profession.

14. It is perfectly proper at all times for teachers to seek
preferment and promotion by legitimate means; but any sort
of endeavor to establish reputation or to obtain position by
inuendo, exploitations, complimentary press notices, or adver-
tisements, is undignified and unprofessional.

144 APPENDIX

15. It is undignified and unprofessional for any teacher
desiring to succeed to a given position to use any influence
whatever or permit his name to be used whereby the incumbent
may be handicapped or a vacancy created. Social, political,
religious or denominational prejudices should never be aroused
against an incumbent by a prospective candidate.

16. A superintendent or other official to whom is delegated
or entrusted the power to employ teachers should not knowingly
employ a teacher with the knowledge and consent of the em-
ployers of said teacher.

17. Adverse criticism of a predecessor or of a teacher em-
ployed in the same system, particularly of a teacher of a lower
grade is unethical, and should not be indulged in by those who
are mindful and regardful of the dignity of teaching. Such
criticism, if made, should be made only with the intent of serving
some good end.

18. It is the duty of every teacher in Mississippi to become
a member of the Mississippi State Teachers' Association, to pay
the membership dues annually, and to respond cheerfully to all
demands for service made on him by the association.

19. A committee of three may be appointed by the presi-
dent of the State Teachers' Association to investigate charges
or reports of violations of this Code of Ethics as heretofore
set forth and to render to the president a decision sustaining
the said charges or reports or exonerating the teacher. This
committee should be so appointed at the written request of any
teacher against whom such reports or charges have been made,
or at the written request of any teacher deserving to charge
another teacher with the violation of the Code of Ethics.

Respectfully submitted,

0. A. SHAW, Chairman,

MISS LANY HOLLAND, Secretary,

IRA T. GILMER.

Adopted by the Mississippi Teachers' Association in open
session at Columbus, May, 1917.

INDEX

AGRICULTURAL HIGH SCHOOLS.

Page

Amount drawn by 21

Bonds, county supervisors to issue 24

Bonds, proceeds, how used, 25

County school board to establish 18

Funds, paid out on order of trustees 24

Graduates of, how licensed to teach 102

Joint school, adjacent counties 20

Tax levy 20

Trustees 20

Legislature to make appropriations 23

Location of „ 23

Municipalities to issue bonds to establish and maintain... 23

State superintendent to visit 21

Tax levy, election, when necessary, when not 18

Teachers license, examination 99

Trustees, appointment 19

Judges of eligibility of applicants for admission 22

Report disbursements and receipts to supervisors 22

Uniform course of study ~.~ 106

CONSOLIDATED SCHOOLS.

Bonds issued under laws of 1912, Chapter 255, validated... 29

Consolidated school districts, elections, affecting _ 28

Certain school property to be sold for use of 30

Expense, how paid out 26

Duties of trustees and county superintendents 26

Funds, where more than four schools consolidated 26

Obligations validated 30

Regular school may be taught pending opening of 31- 48

Tax levied for school purposes, manner of changing

levies, assessments, collection of tax, bond issue 27

Transportations of pupils, how provided .' 26

Validating certain school districts 49

Obligations of, validated 71

School property, counties may sell for use of 71

PUBLIC SCHOOLS.

Added territory released 48

Assistants allowed, when 80

Administration of, course of study 33

Arbor Day 33

Board of education, State, meetings, powers, etc .-... 33

May remove county superintendents, when 32

Boards, county, fixing time of opening schools 59

Meetings, defining boundaries 34

Qualifications and compensation 34

School boards appointed, how, quorum, removal,

vacancies : 34

Bonds, and duties of treasurers 59- 60

Chickasaw school fund _ 60

146 INDEX

Compulsory attendance of, law requiring 72- 75

Continuous session, unless 59

County, children of separate districts may attend 50

Doors to open outwardly 75

Deadly weapons, students not to have, duty of professor,

penalty. H. C. 835*, Sec. 1109, Code 1906.
Districts, Rural

Addition of territory to 47

Arrangement of 36

Attendance from another 36

Attendance from out of - 47-127

Bond issue, petitioned for 43- 44

Boundaries defined, etc., location of school houses 34- 35

Consolidated, regular schools to be taught pending

opening 48

Chartered institutions in joint control 35

Damage to school property 66

Extra levy, petition for in counties 61

Educable children in, local conditions and special

districts 35

Graded schools 54

Separate for races 45

Tax, in rural districts, fines, management, bond

issue 59

* H. C. refers to Hemingway's Code.

In two or more counties may issue bonds 53

Tax levy in _ 42

Tax, property tax for fuel and incidentals 45

Tax, per capita tax for fuel 45

Validated, certain districts _ 49

Districts, Rural Separate-
Children may attend county 50

Chickasaw school funds, settlement 70

How abolished 55

Not less than 12 square miles, tax levy, collection,

disbursement 43

Organization of, minimum requirements 43

Obligations of, validated 71

Trustees, duties and powers of 39

Transportation of pupils into district 41

Transportation within a district 50

Trustees, how chosen : 41

Teachers ' homes, etc.. 49

Districts,- Municipal Separate —

Children may attend county schools 50

Chickasaw school funds, settlement 70

Consolidation of two or more districts- 52

Enumeration of children 64

How abolished 55

Population, requisites ..,.;...... 46,

Trustees, duties an.d powers of .;:,........:.. .-.,... j%4;.

Trustees, how chosen 4*1

INDEX 147

Teachers' homes 49

Transportation of pupils into a separate school

district 41

Transportation within a district 50

Tax levy, bonds, etc - - 49

Disturbance of school or school meeting, abuse or insult

to teacher, criminal law 67

Exclusion from school of certain children 42

Enumeration —

Of educables in county, blanks for 64

Separate, of municipality 64

Affidavit to enumeration - 65

Compensation for 65

Copies of, two - 65

Every domicile to be visited 65

Failure of assessor, how enumeration made 66

Evening and part-time schools 70

Funds —

Audit of claims against school fund, expenses of

State Superintendent, etc 33

Balances, how and when used - 63

County superintendent to notify trustees of 33

County, how distributed 62

Deficit, not allowed 61

Outstanding school indebtedness, payment 67

Surplus, county funds to school funds 63

State, how and when distributed 64

Taxes, poll to be turned over to the county treasurer... 63

Taxes, two and three per cent., how used 64

Taxes, exemption from H. C. 6883

High school tuition . - 56

Holidays 59-138

Indian children 50

Interstate lines ~ 35

Libraries, how established - 68

Library commission, county 68

Municipalities, not in separate school districts,

special tax ~ 43

Music, drawing, grammar school _ 74

Placards showing effect of alcohol, and prevention of

tuberculosis, county superintendent to secure 34- 84

Poll tax, credited to by county auditor H. C. 3733

Section 360
Code 1906.

Pupils, duties of, damage to school property — 66

Registers for teachers, outline maps, etc ...... 56

Scholastic year, month, and day 58

Separate districts for races ~ — 45

Teachers ' homes, etc _ — _ 49

Teachers —

Salaries of teachers and assistants (H. C. 7373) _ 54

Supervisors may borrow money to pay 53

148 INDEX

Funds for salaries, how borrowed, how paid. 53

Contracts with, requisites, etc. 55

. Obedience to 66

Pay certificates 56

Enumeration of children first month 57

Term report 57

General rules for, suspension of pupils, conduct of

pupils 67

Payment where deficit occurs 68

Trustees —

Election, when 'and how 37

Election in separate districts 41

Exclusion of children for bad morals or contagious

diseases 38

Nepotism forbidden all trustees 43

Power of, custodian of school property, prescribe

course of study, etc. . 42

«/ /

Separate school districts, powers and duties 39

Supplies, purchase of, competitive bids H. C. 6660

Qualifications, number, term 36

Quorum, meetings, removals, etc 37

Selection of teachers _ 38

Suspend or expel pupils, visit schools, etc 39

Terms of office, vacancies, how filled 37

Warrants for teachers' salaries, back pay, etc 57

Vocational schools, act of Congress accepted 69

COUNTY SUPERINTENDENTS.
Appeal from decision of in controversy over school law... 82

Assistant teachers allowed, when „ 80

Bond and oath, penalty for failure 76

Books for county schools, to order and employ agents for...!08

Corn clubs, prizes, may offer 85

Deputies, qualifications and salary, etc 84

Duties in matter of apportioned students to A. & M.

College _ H. C. 3392

Duty to successor '. 83

Election, term of office, qualifications, examination... 76

Elections and vacancies 7 6

Examination of candidates 76

General duties set out and listed ~ 77

Map of district to be made by 85

Not to speculate in teachers' warrants, etc 84

Not to teach school 77

Notify trustees of funds 33

Office and office expenses _ 77

Office days, penalty for violation 80

Penalty for failure to make report 80

Placards relating to alcohol, etc _ 84

Records of trustees, blanks to be furnished - 83

Records to be kept, delivery to successor _ 77

Removal for neglect, drunkenness, etc., procedure _ 32

Reports to supervisor and mayor __. 81

INDEX 149

Salary, how fixed, how paid 81

School board, president of, etc 34

School funds from sixteenth sections, duties regarding 127

Sixteenth sections, leasing of, duties of 128-129-136

Suit against book contractors, bond by 116

Suspension or removal of teachers, procedure 82

Teachers' institute, fee collected, defray expenses 90

Teachers' licenses revoked by, when, procedure _ 83

Teachers' salaries, to be proportionate to fund 79

Visitation of schools, duties .. 82

STATE SUPERINTENDENT.

Advice county superintendents _ 89

Agricultural high schools, to visit 21

Apportionment of state school funds, basis of, report of

to various officers __ - 86

Blanks for enumeration of educables, to be furnished 64

Blank forms, laws, etc., to be furnished to officers by 88

Bond, office, seal 86

Books, list furnished county and school officers 104

Conferences with county superintendents 88

Election of— Section 4140, Code 1906, H. C. 6774.

Ex-off icio trustee of various institutions _. 88

Expenses of office fixed by board _ 33

General supervision of schools, regulations 88

May employ stenographer and assistant _ 87

Member of board of geological survey — Section 2362

Code 1906, H. C. 4737.

Member of text book commission 109

Not to be interested in school books, etc., penalty 87

Official opinions to be furnished by, record of counsel

of Attorney General _ _ 88

Preserve books, documents, etc _ 86

Preside over board of education, reports from schools...... 86

Records to be kept _ 87

Reports to legislature 87

Report to supervisors, penalty on county supt. _ 80

Require reports from county superintendents 88

Text books, to notify counties of adoptions 116

Trustees university and colleges, member of — Chapter

169, Laws 1912 H. C. 7897*
*H. C. refers to Hemingway's Code.

TEACHERS' INSTITUTES.
Board of education (county) prepare outlines, prescribe

regulations, fix compensation „ 90

Conductors, selection „ _ 90

Expenses, how defrayed ~ 90

Fund, when insufficient for expenses .. 91

Held, when, where, who for 90

Surplus fund, how used 91

150 INDEX

TEACHERS' LICENSE.

Agricultural high school teachers, examination of 99

Board of county examiners 94

How constituted, qualifications, appointment, duties,

renumeration, etc _ 94

Vacancy, how filled 95

Board of State Examiners —

Qualifications, appointment . 99

Duties and aiithority : 99

Endorsement of license, when, etc. 99

Compensation, term of office, removal 100

Diplomas, license of other states recognized 93

Examination „ 94

Examination, grading and marking papers 97

Examination papers lost, how issued 92

Examinations, penalty for receiving assistance, for of-
fering, etc 97

Scope of for different grades 96- 97

What subjects to be on 96

When, where and how held _ 95

Fee, applicants 94

First and second grade renewed, conditions 94

Graduates of agricultural high schools, entitled to 102

Graduates Industrial Institute & College entitled to 92

Moral qualifications, age 96- 98

Must all be licensed 96

Professional license . 100-101

Principal, license required 55

Special examination.™ 98

State, how secured, scope of examination, grade, etc 100

Terms of different... '. _ 98

Transfer from one county to another 92

Transfer to another county _ 99

University and college graduates entitled to 93-101

Students finishing sophomore A 101

TEXT BOOKS.

Adopted, to supplant all others, except 116

Agricultural high school 106

Commission —

Appointment, duties and oath....'. 109-110

Bids may be rejected, Mississippi contractor 114

Bond of contractor, preparation, suits on 112-113

Compensation and mileage 118

Cannot extend contract. 118

Contract to be executed 30 days after award 113

Disqualification of member to vote on contract 119

Meetings and organization, advertisements, bids and what

to specify, deposit with ...Ill

Not to accept employment or reward from dealers 118

Procedure after bid awarded 113

Procedure in awarding contract 112

INDEX 151

Sworn 110

Term of office 118

To enforce provision of contract 116

To keep journal of proceedings • 117

Commissioners, trustees, officers, etc., not to be inter-
ested in contracts 67

Contract, forfeited when, new contract 119

Void if officer, etc., interested in 67

Contractor to establish depositories, agencies, in each

county 115-116

County superintendent to order books and employ agents .108

Damages for failure to meet demands for 116

Exchange price of 109

Free, may be provided 107

How chosen 110

Officers, teachers, etc. not to speculate in books, etc. 67

Ordered and paid for, how 106

Penalty for teaching others, for demanding excessive

price 117

Price not to be in excess of other places 109

Prices paid, and sold to pupils 106

Publishers —

Failing to supply copies, forfeit 105

File statement with state superintendent 103

Not give money on books to school board 108

Statement, wholesale prices 103

Publishers bond, conditions of : v 103

Publishers bond to be approved 104

Pupils moving into new districts, disposal of books 107

Retailer not to advance price 107

Selection of, term of use. uniformity of series 109

Separate districts may adopt supplementary 110

Statement as to price, etc., to be printed in each 113-115

State not become liable on contract 114

State superintendent to furnish lists to county and school

officers 104

To be equal to samples „ 113

Trustees, determine for county and separate school dis-
tricts 105

Violations of act, penalty 108-117

SIXTEENTH SECTION.

Abstract of title to be made, what to contain.. 120

. When fund loaned 125

Adverse possession as evidence of valid lease 121

Chancery court to decide if land subject to lease, pre-
sumption :. 129

Consummation of lease, bill, parties, practice and pro-
cedure 131

Effect of decree 131

Consent of inhabitants, meeting, certificate of result 130

Counties to have control 123

Expenses of supervisors, how paid 130

152 INDEX

Funds —

Disposition of, accounts, expenditure of 123

From sale of timber, etc., disposition of 124

How used, pupils from adjoining townships 127

Loan of, regulation, security and title, liability when

law violated 125

Restrictions on use of , 123

Hancock county allotment etc 130

Lands, lessees of, credit for permanent improvements 136

Land outside of cities and towns, lease, rent notes ..128

Lands, rents on, county superintendent to collect 136

Lands granted in lieu of allotments, distribution, proce-
dure ... ...132-135

Lands in cities and Towns—

Appraisement, procedure 128

Appeal —

From appraisement and procedure 129

Lease holder failing to execute lease 129

Preference of lease holder, lease executed 129

Leases, for turpentine or pasturage 124

Leases set aside, accounting lien, procedure, etc 131-132

Leases, terms of, timber, urban property 122

Securities, pledged for loan, supervisors may dispose of...!26

Sinking fund 126

Suits to establish titles to be instituted _ 121

Taxable when leased, what passes on sale — Sec. 4289,

Code 1906, H. C. 6923.
Timber, supervisors may sell, application of funds

arising 124

Timber, use of by lessees .. 122

Titles to be examined and established, abstracts to be

made 120

Townships divided by county lines, jurisdiction ap-
portionment 129

Township trustees, appointment, duties 128

ILLITERACY COMMISSION.

Adopts rules 138

Adult illiteracy, collection of data 137

Body corporate, officers 137

Creating, name 137

Members receive expenses only 138

No appropriation 138 .

HOLIDAYS.

Thanksgiving Day, designated as 138

Teachers are allowed pay for 138

YC 06571

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