LAWS OF MINNESOTA RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING THE STATE NORMAL SCHOOLS AND THE UNIVERSITY OF MINNESOTA. PREPARED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, With the Advice and Approval of the Attorney-General. MINNEAPOLIS: HARRISON jk SMITH, STATE PRINTERS. 1801. LAWS OF MINNESOTA RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING THE STATE NORMAL SCHOOLS' AND THE UNIVERSITY OF MINNESOTA. PREPARED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. With the Advice and Approval op the Attorney-General. MINNEAPOLIS : HARRISON & SMITH, STATE PRINTERS. 1891. Digitized by the Internet Archive in 2017 with funding from This project is made possible by a grant from the Institute of Museum and Library Services as administered by the Pennsylvania Department of Education through the Office of Commonwealth Libraries https://archive.org/details/lawsofminnesotar00minn_0 PREFACE This edition of the school laws includes all general laws and amendments bearing upon education that are now in force. The revised Statutes of 1878 are taken as the basis, and ref- erences to the general laws are given with all subsequent enact- ments. For convenience in use, the arrangement is by sub- jects, having the sections numbered by paragraphs. With each paragraph is given the reference to the section of the revised Statutes of 1878, or to the chapter of general laws. The in-, dexes show by paragraph and page where any section, amend- ment, law, or subject may be found. The foot notes, indicated by the numbers of the paragraphs to which they refer, give the substance of the decisions of the supreme court with full references to cases, and also the opinions of the, attorney-gen- eral which bear upon these laws, together with such directions and explanations by the department of public instruction as may be helpful to school officers in the administration of the law. Decisions and opinions rendered obsolete by changes in the law have been omitted. CONTENTS. I. — ENACTMENTS PERTAINING TO EDUCATION. Page. Organic act of Minnesota 13 Act authorizing a state government 13 Constitutional provisions 14 II. STATUTES. Title I.— School districts '. 17 Title II.— School district officers 31 Title III.— Superintendent of public instruction 54 Title IT— County superintendents 57 Title V. — School funds and apportionments 63 Title VI. — Independent school districts 68 Title VII. — Higher education 76 Title VIII.— State normal schools 78 Title IX.— University of Minnesota 82 Title X. — Moral science, physiology and hygiene 88 Title XI.— School books 90 Title XII.— Miscellaneous 96 INDEX I. INDEX OF CHAPTERS AND SECTIONS, Chapters and sections refer to revised statutes of 1878 and general laws of subsequent years; paragraphs and pages be- long to this code. 1878. 1878 — Continued. Chapter. § qr 11 Page. Chapter. § c ll Page. 11 49 32 27 36 36 68 46 49 155 73 37 69 47 35 57 250 96 38 70 47 58 251 97 39 71 47 59 252 97 40 72 48 36 i 1 18 41 73 48 2 2 18 42 74 49 3 3 18 43 75 49 4 4 18 44 76 49 5 5 18 45 77 49 6 6 18 46 78 50 4 7 19 47 79 50 8 8 19 1 48 249 96 9 9 19 49 98 54 10 10 20 • 50 99 55 11 11 20 52 101 DO 13 20 23 53 102 55 14 21 24 15 26 24 55 104 56 16 19 23 56 105 56 16 27 25 57 106 57 16 28 25 58 107 57 16 29 26 59 108 57 17 30 26 60 109 57 18 31 27 61 110 58 19 32 27 62 111 58 63 112 59 21 34 32 64 114 60 22 35 32 65 115 60 23 36 33 66 113 59 24 37 35 67 119 61 25 38 35 68 120 61 26 39 36 69 121 61 27 40 36 70 122 61 27 41 36 71 123 61 28 43 37 72 124 62 30 47 39 73 125 62 31 56 41 74 126 62 32 59 43 75 128 63 33 65 45 76 129 65 34 66 45 77 130 65 35 67 46 INDEX. INDEX OF CHAPTERS AND SECTIONS— Cemented. 1878— Continued. 1878 — Continued. 'Chapter. 2 H Page. Chapter. « 11 Page. 36 78 131 65 36 . 129 173 78 79 132 65 130 175 79 SO 133 66 131 177 79 81 134 66 132 178 79 82 135 66 133 179 79 83 136 66 134 180 80 84 137 67 135 181 80 85 80 51 136 182 80 86 81 51 137 183 81 87 82 51 138 184 81 88 83 52 139 185 81 89 84 52 140 187 81 90 127 63 142 188 81 91 246 96 147 189 81 92 247 96 156 230 90 93 248 96 159 231 90 94 139 68 160 232 92 95 140 68 ' 161 233 92 96 141 69 162 234 92 97 142 69 165 235 93 98 143 69 166 236 93 99 144 69 167 237 93 100 145 70 37 1 193 82 101 146 70 2 194 82 102 147 70 o O 195 83 103 148 70 4 196 83 104 149 * 70 5 197 83 105 150 70 6 198 83 106 151 71 7 201 84 107 152 71 S 202 84 108 153 72 9 203 85 109 154 72 10 204 85 . 110 155 73 11 205 85 111 156 73 12 206 85 112 157 74 13 207 85 113 158 75 14 208 86 114 159 76 15 209 86 115 160 76 17 210 86 116 85 52 18 211 86 117 86 52 19 212 ^6 118 87 52 20 213 87 119 88 52 21 214 87 120 89 53 22 215 87 121 90 53 23 216 87 122 91 53 24 217 87 123 92 53 26 218 88 124 93 53 27 219 88 125 94 54 28 220 88 126 95 54 30 221 88 127 96 54 31 222 88 128 97 54 INDEX. 3 INDEX OF CHAPTERS AND SECTIONS.— Continued. 1879. Chapter. § if Page. 17 1 36 33 2 56 41 41 i 81 51 43 i 29 26 1881. Chapter. § •j Page. 14 1 26 24 41 2 29 26 3 36 33 5 59 43 7 102 55 8 110 58 9 139 68 10 142 69 51 1 30 26 127 1, 2, 3 36 33 144 1 163 76 2 164 76 3 165 1 l 4 166 » 1 5 167 4 1 6 168 77 7 169 78 8 170 78 150 1 223 88 2 224 89 3 225 89 190 1 189 81 1881 — Extra Session. Chapter. n Page. 30 1 67 46 35 1 36 33 61 .a 171 78 2 172 78 1883. Chapter. 3 if Page. 12 l 177 79 39 l 231 90 2 238 93 40 i 171 78 71 i 208 86 115 i 243 95 2 244 95 3 245 95 137 9 103 56 140 l 199 84 2 200 84 145 i 100 55 1885. Chapter 3 1 Page. 12 l 126 62 20 l 231 90 30 3 107 57 39 3 98 54 57 1 33 31 5 123 61 1-5 127 63 9 142 69 3 144 69 4 71 47 4 150 70 80 1 39 36 95 1 179 79 121 1 29 26 158 1 174 78 167 1 253 97 9 254 97 3 255 97 170 1 161 76 2 162 76 173 T 44 38 9 45 38 3 46 38 197 1 61 44 2 62 44 3 63 45 4 64 45 204 1 22 24 2 23 24 3 24 24 4 25 24 294 3 190 82 4 191 82 5 192 82 4 INDEX. INDEX OF CHAPTERS AND SECTIONS. — Continued. 1887. 1889. Chapter § If Page. Chapter § 11 Page. 21 1 39 36 163 1 42 37 2 40 36 164 1 41 36 35 ! 32 27 166 1 32 27 41 i 56 41 266 1 195 83 i 128 63 266 5 197 83 i 157 74 268 1 176 79 2 132 65 268 2 186 81 3 137 67 268 3 186 81 4 138 67 268 1 187 81 121 1 239 94 2 240 94 3 241 94 1891. 122 4 1 242 57 95 42 123 2 1 58 226 42 89 Chapter 2 If Page. 2 227 89 3 227 89 26 l 12 21 4 228 89 2 13 21 5 229 89 3 14 22 125 1 60 44 4 15 22 193 1 48 39 5 16 22 2 49 39 5 17 22 3 50 40 6 18 23 4 51 40 72 1 116 60 5 52 40 2 117 60 6 53 40 3 118 60 7 54 40 73 1 19 23 8 55 40 107 1 132 65 II, INDEX OF SUPREME COURT DECISIONS AND CASES, City of Winona vs. School District 40, 13 Minn State of Minnesota ex rel. W. J. Hahn, At.ty. Gen. et al. vs. Ella Gorton, 33 Minn. p. 345 i Connor vs. St. Anthony Board of Education, 10 Minn, p. 352 — Daniel Robbins vs. School District No. 1, Anoka County, 10 Minn. p. 268... School District No. 7, Wright county, vs, J. H. Thompson, 5 Minn. p. 221.. Robbins vs. School District No. 1, Anoka county, 10 Minn. p. 268 School District No. 7, Wright county, ys. J. H. Thompson, 5 Minn. p. 221. . John Sanborn vs. Wm. Neal et al.. 4 Minn. p. 83 Wm. Fowler et al., vs. John Atkinson, 6 Minn. p. 412. A. W. Bingham vs. Walter Stewart et al.. 13 Id. p. 106. .. Gould vs. Eagle Creek School District, 7 Minn. p. 145 John Sanborn vs. School District No. 10, Rice county, 12 Minn. p. 17. .... .. Jenness vs. School District No. 31. Washington county, 12 Miry?. p. 44St... John Sanborn vs. School District No. 10. Rice county, 12 Minn. p. 17 School District No. 10, Washington county vs. John Phelander, 31 Minn. p. 333 Curryer vs. Merrill. 25 Minn. p. 1 Supreme Court, 42 Minn., p. 357 Par. Page. 19 23 20 23 30 26 31 27 36 34 32 28 32 28 36 34 36 34 36 35 36 35 56 41 68 47 79 50 230 90 139 68 INDEX. 5 III, GENERAL INDEX, Acceptance of Office: Par. Page. Trustees shall file 35 32 Action: Trustees may prosecute 85 52 May be brought against trustees 86 52 Admission of pupils 59 43 Alteration : Of sites of school houses 32 27 boundaries of school district 26 24 Annual meetings 70 47 (See School Meetings.) Annullment of certificate 121 61 Apparatus: May be purchased by vote of (5th point) district 32 27 boards of education (4th point) — 156 73 Appointments : Superintendent public instruction 98 54 Assistant superintendent public instruction 100 55 Assistant county superintendent 126 62 Deputy county superintendent 125 62 Normal school directors 175-76 79 University regents 195 83 Members of examining boards 158 75 School trustees, common district 34 32 School trustees, independent district 147 70 Text book agents 31 90 Apportionments : Of current school fund; made by whom; when; to whom 128 63 Teacher to register and report children for 128 63 Special and independent districts to report for 128, 135 63-66 State auditor to draw warrants for 130 65 Shall be semi-annual 129 65 not exceed amount levied by district 132 65 be made upon attendance of 40 days or more 132 65 forfeited upon neglect to provide temperance instruction 28 89 made to new districts 132 65 County auditor to report apportionment to state superintendent 133 66 Assistant superintendent of public instruction 100 55 Assistant county superintendent 126 62 Attorney General: Shall give legal opinion to superintendent of public instruction 249 96 Auditor: County Auditor shall keep plat of each district 3 18 examine proceedings of school meetings voting bonds 41 36 keep register of bonds 41 36 indorse his certificate upon bonds 41 36 extend taxes levied 75 49 examine clerks reports 72 48 apportion school fund 132 65 report to superintendent of public., instruction the amount apportioned 133 66 report address of county superintendent 134 66 levy local mill tax, when 137 67 Penalty against, for neglecting to report 246 96 Service of process on 93 53 State auditor shall draw apportionment warrant 130 65 examine pay rolls and expense lists 191 82 issue warrants on requisitions and inspect vouchers. 252 97 act as secretary of board of loans 55 40 Ballot: Officers to be elected by 33 31 Of a woman, how deposited; how canvassed 21, 24, 25 24 Boards of Education: May acquire site for school house 6-11 18.20 When they may issue bonds 39 36 Shall certify amount of interest to county auditor 43 37 Powers, authority and duties of 143, 153 69, 72 Shall organize, when; how 144 69 Clerk and treasurer may receive compensation 145 70 Vacancy, how filled 147 70 Records of, primafacxt evidence 151 71 Shall hold stated meetings 153 72 call meeting to vote upon erection of school house 154 72 vote tax and report to county auditor 155 73 perform specific duties 156 73 appoint three examiners 158 75 6 INDEX. i Bond: Of district treasurer normal school treasurer university president and treasurer text book agent Bonds. District: When they may be issued For what purpose they may be issued Sale of Registration of Interest and principal due shall be certified Auditor’s certificate validates Auditor shall file Shall be paid by county treasurer, when Books; Library. Text books Boundaries Certificates of Teachers: Issued by county superintendent Shall be issued only on personal examination Shall be of three grades— subjects May be renewed May be revoked In temperance hygiene Normal diplomas become Clerk: Shall file proceedings when bonds are voted keep records keep record of expenses post notices of meetings report to county superintendent receive two per cent, when report taxes voted to auditor draw orders for teachers’ wages procure registers and blanks issue order to teacher for last month, when , . pay fine of fifty dollars Of Independent District- Duties Shall certify tax levied Compulsory Education: Ages included and time Penalty for not sending children Director or president shall inquire into cases of neglect Constitutional Provisions: Common school fund University fund Contracts: districts may make not affected by change of district made by trustees teacher’s in writing filed with teacher related by blood or marriage to trustees teacher’s defined as to school month — holidays actions on, brought by trustees '. actions on, against trustees made with teacher prior to procurment of certificate, note 113 void upon revocation of teacher’s certificate boards of education may make with teachers (6th point) for erection of buildings by normal board board of regents may make with D. D. Merrill to supply state text-books for public school library books manner of letting, when value of structure exceeds $5,000 awarded to lowest bidder County Attorney: Shall prosecute officers for neglect to report County Commissioners: May form new districts unite districts Shall levy local mill tax County Superintendents — (See Superintendents): Shall pay school moneys, when ». Current School Fund: How constituted, defined apportioned used Par. Page. 66 45 184 81 197 83 231 90 39 36 40 36 40 36 41 36 41 36 42 37 45 38 46 38 39 94 30 90 26 24 111 58 112 59 113 59 113 59 121 61 227 89 116, 118 60 41 36 69 47 69 47 70 47 71 47 73 48 74 49 77 49 77 49 128 63 ' 82 51 150 70 155 73 61 44 62 44 63 45 14, 15 14, 15 1 17 31 27 36 33 56 41 36 41 56 41 57 42 85 52 86 52 59 121 61 143 69 156 73 179 79 196 83 230 90 239 94 250 96 251 97 248 96 12 20 12 20 137 67 136 66 137 67 128 63 79 50 INDEX. 7 Deputy County Superintendent: Maybe appointed, when Salary and expenses of Dictionaries, Webster’s Unabridged— (International): To be sold to school districts, etc Purchased by superintendent public instruction Appropriation for Director: Shall appear when suit is brought With clerk, shall examine treasurer’s report May draw orders, when Of independent district. Districts— (See school districts) Examinations : By county superintendent county superintendent for independent district. . . examining board high school board Examiners of Independent Districts: Number; appointment; duties Expenses: Defrayed, of directors of normal schools visitors of high schools of high school board Fines— (See Penalties): Funds : Current school For dictionaries For libraries Text-books High Schools: High school board, how constituted Schools entitled to aid, conditions High schools shall be visited and reported Applications for aid, how made; acted on Expenses of the board Board shall establish rules and regulations keep records, make report have power Assistance to the examiner; pay Holidays: Which are school holidays No deduction of wages Attendance on Independent District: Organization of board Compensation Quorum Vacancies Duties of superintendent Officers to file acceptance.. Duties of clerk Records Treasurer Meetings of board School houses Duties of board Length of school Examining board Taxes, how levied and collected General school law applies to when Institutes: Conductors of Held by superintendent of public instruction Average expenses Schools shall be closed for Place of holding School house may be used for Inventories Judgment: Shall be paid by treasurer Not satisfied, may be reported to annual meeting Amount of, to be added to tax Execution may be issued when Language : Instruction must be in English May be foreign when Libraries: List to be selected by whom How furnished at lowest rate Aid to districts purchasing Appropriation Par. Page. 125 62 125 62 243 243 244 65 67 78 142 1 72, 112 48, 120 158 166 158 185 172 168 137 244 242 237 163 164, 165 76, 166 167, 168 77, 168 16!) 170 171 172 57 57 58 139 144 145 146 147 148 149 150 151 152 153 154, 155 72, 156 157 158 159 160 189 102 102 103 104 114. 115 253-5 88 89 90 91 59 59 239 239 240 242 &£ wSgg SSSSgtSggS fefefe 583SS33833S ggSSS 35822 g 3 gg&S SSg 8 INDEX. Licenses: To what districts apportioned , And estrays. how apportioned Loans: From state school fund to common districts From same to independent districts State hoard investing same Principal and interest, due when Application for, accepted under what provisions Attorney general to approve State auditor to act as secretary Meetings — (See school meetings): Month : What constitutes a Morals and Temperance: What may he taught Duties of teachers Physiology and hygiene with reference to stimulants and narcotics — Provision shall be made for instruction in Teachers shall give instruction in Penalty for neglect upon teachers; upon district County superintendent to report Text hooks Normal Schools: Number of; established where Normal board; appointed by the governor; officers; qualifications powers of state duties of Model schools ) Tuition Board shall report to governor President shall report to superintendent public instruction Students shall receive tuition free, when Diplomas of become certificates Treasurer for each school; duties Board shall have expenses paid Treasurers shall make duplicate pay rolls and expense lists Accounts shall be made in duplicate N otice : Of annual or special meeting election to trustees appeal from award of appraisers change of boundaries re-hearing for change of boundaries special meeting to fill vacancy meeting to increase compensation of clerk treasurer to clerk service of process upon trustees meeting of county superintendents teachers’ institutes and training schools meeting for examination of teachers use of school house for teachers’ institute re-examination served upon teachers meeting to form independent school district meeting to elect officers of independent school district special meetings of board of education meeting to purchase or erect school house To be made to county auditor as to supply of text-books contractor of appointment of text-book agents contractor to supply text-books county attorney of neglect of officers to perform their duties be given of the letting of contracts be given by clerk of vacancy in board owner of proposed school house site be given of filing record of bonds, etc Office : Acceptance by trustees Terms of trustees county superintendent directors of normal schools superintendent of public instruction Official Bond: Of treasurer of district normal school county text-book agent One Mill Tax: Local, how levied State, how levied Orders: For teachers’ wages drawn by clerk When unpaid may draw interest To be drawn by director Teachers wages preferred Par. Page. 132 65 137 67 49 39 50 40 51 40 52 40 53 40 54 40 55 40 57 42 223 88 224 89 220 89 227 89 227, 228 89 228 89 229 89 173, 174 78 175-178 79 179 79 180 80 182 80 183 80 180 80 181 80 183 80 116-118 60 184 81 185 81 190 82 192 82 70 47 33 31 10 20 26 24 28 25 34 32 73 48 77 49 86 52 101 55 102 55 112 59 115 60 121 61 140 68 142 69 153 72 154 72 231 90 231 90 231 90 248 96 250 97 147 70 8 19 45 38 35 32 33 31 107 57 175 79 98 54 66 45 184 81 231 90 137 67 137 67 77 49 77 49 78 50 79 50 INDEX. 9 Penalties: For excluding children unlawfully Upon officers refusing to serve and neglecting duty clerk for not making report drawing illegal order neglecting to keep the hooks or delivering them to suc- cessor county superintendent for failure to report For neglecting temperance instruction, upon teacher; upon district. .. Upon trustees for excluding children For selling state text-books at unlawful prices Upon county auditor for neglecting to report apportionment trustees for refusing to serve teacher, or school officer interested in sale of books, etc Petitions: To acquire school house site In formation of district Changing district boundaries — joint district boundaries Women may sign Permanent School Fund: Application for loans to state auditor Board of investment for loans of Payment due . Pupils : Adult and non-resident Suspension or expulsion of School age, minimum Entitled to instruction Admitted how Excluded under six years of age Penalties for excluding Register : To be kept by teachers Reports: Clerk to county superintendents auditor of taxes voted Superintendent of public instruction County superintendent to superintendent of public instruction county auditor Teachers to county superintendent Board of education to county auditor; to annual meeting High school board State normal board Principal of state normal school Salary: Normal school treasurers District clerk County superintendent Deputy county superintendent Assistant county superintendent Secretary independent district Treasurer independent district Scholars: Who are entitled to gratuitous instruction admitted at the pleasure of the board May be excluded under six years Shall not be excluded; penalties School District: Is a body corporate When its organization is presumed Classified Number of Hold property and not to be taxed . May be sued Common- How formed, or united funds may be divided Women may vote Change of boundaries Limit of area When it becomes extinct Unorganized territory shall be attached Change does not effect contracts Powers of meetings Officers of Districts having no officers, how sued Shall be reported by teacher each term Independent — May appoint county superintendent to examine teachers Shall report to county superintendent at close of year How organized Par. Page. SO 51 81 51 82 51 88 52 84 52 127 63 227 998 89 " ’ ~80 51 231 90 246 96 81 51 246 96 9 19 7 19 27 25 28 25 29 26 49 39 51 40 52 40 59 43 59 43 60 44 59 43 59 43 60 44 80 51 56 41 71 47 74 49 105 56 128 61 124 62 128 63 157 74 170 78 180 80 1S1 80 186 81 73 48 110 58 125 62 126 62 145 70 145 70 59 43 59 43 60 44 SO 51 1 17 1 17 2 18 3 IS 4 18 92 53 12-19 20 19 20 20-25 23 26-29 24 30 26 30 27 30 27 31 27 32 27 33 31 92. 97 53, 54 128 63 120 61 128 63 139-142 68, 69 ao INDEX. School District— Independent— Continued. Organization of board Compensation of board Quorum Vacancies May dissolve its organization Joint — In two or more counties— petition relating to Petition changing boundaries Levying taxes in School Fund School House: How a site may be acquired Site may be changed May be used for religious purposes, when To be allowed for institutes and examinations.. School Libraries School Meetings: Powers of legal voters Annual meeting; when to be held ; shall elect officers Special meetings, how called What may be done at annual meeting School Month School Year: Begins when Sites: How acquired Describing lands for Notice to owner Appraisal of Meeting of commissioners State Institutes State Institutions: Contracts, letting of Requisition Inventory of property, annual State Text-Books: Contract for, how made Agents to order books Requisition for, by county superintendent County auditor shall make duplicate orders Shall be used exclusively Duties of contractor Agents— Shall be appointed by county commissioners give bonds account quarterly to county auditor receive commission Stimulants and Narcotics Superintendent : County — Shall recommend all changes in school districts examine reports of clerks certify to correctness of clerk’s report Election Vacancy filled by county commissioners Shall deliver books and records to successor Salary, how fixed Shall file statement of schools visited examine teachers; annual certificates, etc.. hold meetings for examinations examine in what subjects Commissioners pay printing for May renew certificates, when...._ Postage and stationery how paid Shall be granted school house, when To notify clerk of same Shall keep records of examination May examine for independent districts cite to re-examine, may revoke Shall forward blanks as directed report; when what May appoint deputy appoint assistant Penalty upon for not reporting to auditor Of Independent District — Shall be ex officio member of the board Duties Of Public Instruction — Shall be appointed how ; term; oath Office . Shall appoint assistant - Par. Page. 67 70 70 147 70 .. 161, 162 76 22 28 25 76 49 137 67 6-10 18-20 32 27 36 33 114 60 94 32 27 33 31 70 47 70 47 57 42 33 31 18 19 8 19 9 19 10 20 102 55 250 96 252 97 . 253-255 97 230 90 231 90 231 90 231 90 235 93 232 92 231 90 231 90 231 90 231 90 223 88 30 26 72 48 73 48 107 57 108 57 109 57 no 58 110 58 111 58 112 59 113 59 110 58 113 59 110 58 114 60 115 60 119 61 120 61 121 61 122 61 123 61 119-125 62 126 62 127 63 141 69 148 70 98 54 99 55 100 55 INDEX. Superintendents— Of Public Instruction— Continued. Shall meet county superintendents hold institutes and training schools report to the governor — prepare and distribute blanks make semi-annual apportionment Tax: May be voted Auditor to levy Joint district levy Limit of Trustees must levy for support of school to pay bonds For school purposes, levied as for county taxes Unpaid judgment shall be added to the tax, when State tax levied.. Teacher: Shall procure register and receive scholars pe paid when; how be hired; how keep registers; bow report to county superintendent report children in joint district; how give temperance instruction: penalty for neglect be examined in temperance hygiene Penalty upon, for selling books, etc Temperance Instruction— (See Morals and Temperance.) : Titles Treasurer: District - Shall file bond with clerk New bond may be required Office may be declared vacant Shall file report with clerk, when pay to consolidated district keep accurate record — indorse unpaid orders notify clerk when orders can be paid pay judgment on demand file oath and bond before drawing funds receive apportionment from county treasurer Independent District — Shall execute bond keep records; file report with clerk. Of Normal School. (See Normal Schools.) Trustees: May acquire site for school house Names, election, term, when not elected at annual meeting. .. . Vacancies in office, how filled Election of in new districts Shall file acceptance General powers and duties May allow school house to be used for religious purposes, when Shall submit estimates to annual meeting When they may levy a tax shall open additional schools may issue bonds Shall certify tax to be levied for payment of bonds Must hire qualified teacher How a relative may be hired Shall provide fuel visit the school each term May call special meetings prosecute, in what cases be prosecuted, for what Papers may be served upon, how Respecting judgment against University of Minnesota: Objects Organization Government; board of regents Corporate name Scandinavian professorship Endowment of professorship Regents — Board of Officers of Powers of Payments to Meetings of Report of Duties of president Treasurer’s and president’s bonds Sale of liquors prohibited 11 Pai’. Page . 101 55 102 55 105 56 106 57 128 63 32 27 75 47 76 49 32, 155 27. 73 37 35 43 37 47 39 80 53 137 67 56 41 70 50 56 41 128 63 128 63 76 49 227 89 227 89 247 96 5 18 66 45 66 45 66 45 67 46 68 46 68 46 77 49 77 49 8S 52 136 66 136 66 152 71 152 71 184 81 6-11 17-20 33 31 34 32 33 31 35 32 36 33 36 33 37 35 37 QO 34 OK DO 39 oD 36 43 37 56 41 56 41 56 41 59 43 70 47 85 52 86 52 87 52 88 52 193 82 194 82 195 83 196 83 199, 200 84 203 85 195 83 197 83 198-204 83-85 201 84 202 84 206 85 207 85 197 3 208, 209 6 12 INDEX. University of Minnesota— Continued. Par. Page. Salt Lands — Control of 218 88 Survey of 219 88 Specimens to normal schools 221 38 Report of 222 88 Geological Survey — Purpose of 210-216 86, 87 Report of 217 . 87 Peat deposits 220 88 Experimental farm— Lands for 205 85 V isitations : By county superintendent Ill 58 trustees of district 59 43 examiners 158 75 high school board 166 77 Wages : Payment of 77 49 Teachers have preference 79 50 Women: Entitled to vote, when and how 20 23 hold office 20 23 How the ballot for county superintendent is to be cast 22 24 May sign petitions 29 26 ENACTMENTS PERTAINING TO EDUCATION, ORGANIC ACT OP MINNESOTA. [Passed March 3, 1849.] Sec. 18. Reservation of Lands for Schools. And be it further enacted, that when the lands in the said territory shall be sur- veyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said terri- tory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said territory, and in the state and territories hereafter to be erected out of the same. ACT AUTHORIZING A STATE GOVERNMENT. [Passed Feb. 26, 1857.] Sec. 5. Propositions to be acted upon by the Convention. And be it further enacted, that the following propositions be, and the same are hereby, offered to the said convention of the peo pie of Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Minnesota, to- wit: School Lands. First, that sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state, for the use of schools. University Lands. Second, that seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner at the general land office, and to be appropriated and applied in such manner as the leg- islature of said state may prescribe for the purpose aforesaid, but for no other purpose. 14 SCHOOL LAWS OF MINNESOTA. CONSTITUTION OP THE STATE OP MINNESOTA. ARTICLE VIII. SCHOOL FUNDS, EDUCATION AND SCIENCE. Section 1. Uniform System' of Public Schools. The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature to establish a general and uniform system of public schools. Sec. 2. Proceeds of Sales of School Lands. The proceeds of such lands as are or hereafter may be granted by the United States for the use of schools within each township in this state, shall remain a perpetual school fund to the state, and not more than one-third of said lands may be sold in two years, one- third in five years, and one third in ten years; but the lands of the greatest valuation shall be sold first; provided, that no por- tion of said lands shall be sold otherwise than at public sale. The principal of all funds arising from sales, or other disposi- tion of lands, or other property, granted or intrusted to this state in each township for educational purposes, shall forever be preserved inviolate and undiminished; and the income arising from the lease or sale of said school land shall be distributed to the different townships throughout the state, in proportion to the number of scholars in each township between the ages of five and twenty-one years, and shall be faithfully applied to the specific objects of the original grants or appropriations. Investment of Proceeds of School Lands. [Suitable laws shall lie enacted by the legislature for the safe investment of the principal of all funds which have heretofore arisen or which may hereafter arise from the sale or other disposition of such lands, or the income from such lands accruing in any way be- fore the sale or disposition thereof, in interest-bearing bonds of the United States, or of the State of Minnesota, issued after the year 1860, or of such other state as the legislature may by law from time to time direct. Adopted Nov. 5, 1875. ] Sec. 3. Public Schools in each Township in the State. The leg- islature shall make such provisions, by taxation or otherwise, as. with the income arising from the school fund, will secure a thorough and efficient system of public schools in each town- ship in the state. No Public Money to be used for Sectarian Schools. [But in no case shall the moneys derived as aforesaid, or any portion thereof, or any public moneys or property, be appropriated or used for the support of schools wherein the distinctive doc- trines, creeds or tenets of any particular Christian or other re- ligious sect are promulgated or taught. Adopted Nov. 6, 1877.] Sec. 4. Location of the State University Confirmed. The loca- tion of the University of Minnesota, as established by existing laws, is hereby confirmed, and said institution is hereby de- clared to be the University of the State of Minnesota. All the rights, immunities, franchises, and endowments heretofore SCHOOL LAWS OF MINNESOTA. 15 granted or conferred, are hereby perpetuated unto the said university, and all lands which may be granted hereafter by congress, or other donations for said university purposes, shall vest in the institution referred to in this section. Sec. 5. [The permanent school funds of the state may be loaned upon interest at the rate of five per cent per annum to the several counties or school districts of the state, to be used in the erection of county or school buildings. No such loan shall be made until approved by a board consisting of the gov- ernor, the state auditor and the state treasurer, who are here- by constituted an investment board for the purpose of the loans hereby; nor shall any such loan be for an amount exceed- ing three per cent of the last preceding assessed valuation of the real estate of the county or school district receiving the same. The state auditor shall annually, at the time of certify- ing the state tax to the several county auditors, also certify to each auditor to wdiose county, or to any of the school districts of whose county any such loan shall have been made, the tax necessary to be levied to meet the accruing interest or princi- pal of any such loan, and it shall be the duty of every such county auditor forthwith to levy and extend such tax upon all the taxable property of his county, or of the several school dis- tricts respectively, liable for such loans — as the case may be — and in all such cases the tax so assessed shall be fifty per cent in excess of the amount actually necessary to be raised on ac- count of such accruing principal or interest. It shall be levied, collected and paid into the county and state treasuries in the same manner as state taxes, and any excess collected over the amount of such principal or interest accruing in any given year shall be credited to the general funds of the respective counties or school districts. No change of the boundaries of any school district after the making of any such loan shall operate to withdraw7 any property from the taxation herein provided for; nor shall any law7 be passed extending the time of payment of any such principal or interest or reducing the rate of such in terest, or in any manner waiving or impairing any rights of the state in connection with any such loan. Suitable laws, not inconsistent with this amendment, may be passed by the legis- lature for the purpose of carrying the same into effect. Adopt- ed Nov. 2, 1886.] STATUTES PERTAINING TO EDUCATION TITLE I. — School Districts. 1 . Districts Corporate. — Every common school district in this state now established, or which may be hereafter formed, set off or established, and every independent and special school district now organized or created, or that may hereafter be or- ganized or created, under any law of this state, is hereby declared to be a body corporate, with power to contract or be contracted with, sue and be sued, in any court in this state having competent jurisdiction. Every common school district shall be such body corporate under the name of School District No. , in the county of . □ Every independent school district shall be such body 1. Organized school districts are public corporations, with certain re- stricted powers, hence, sometimes called quasi corporations. — Wilson, p. 289. While school districts are not municipal corporations, inasmuch as the term “municipal,” strictly speaking, is applied only to incorporated vil- lages, towns and cities, yet both are public corporations. — Wilson, p. 289. Those entitled to admission to the public schools are, (1), the children of the actual residents in the district; and (2), all other persons between the ages of five and twenty-one who may be in good faith living in the district. If the parents are in good faith living in the district, although temporarily, the children would be entitled to admission to the schools. — Wilson, p. 396. In the matter of residence very much depends upon the intention, and the intention can only be gathered from the acts and avowed purposes of the party. It is impossible to give definite instructions upon this point. — Wilson, p. 372. In regard to scholars domiciled out of the district, the board of trustees have the sole power of determining whether they shall be admitted to the schools of such district, and the terms on which they may attend, and the fact that the non-resident parent of such scholar owns land in such district on which he pays taxes, in no way modifies or changes this rule of law. Cornell, p. 256. Whether a minor whose parents reside in another part of the state has a right to attend school in your district depends upon whether said minor is a resident of your district. — Colville, p. 235. Residence acquired by students in attendance upon any seminary of learning, or by inmates of any charitable institution, or of a public prison for reformation or punishment, is not of such character as to give rhe right to attend the district school of the place, or to be enrolled for ap- portionment in such district.— Cornell, p. 259. While a parent could not, for tne colorable purpose of evading the law, send his children to board in another district for the mere object of at- tending school, I entertain no doubt that a scholar actually and in good faith domiciled in the district, would be entitled to the benefits of the school without regard to the residence of his parents. — Cole, p. 106. The organization of a district, or the validity of the acts of its officers, is not vitiated by neglect of the officers elected to file acceptance of office. Cole, p. 117. s-2 18 SCHOOL LAWS OF MINNESOTA. corporate under the name which has been or may be adopted by such district ; and every school district organized under special act of the legislature, by the name designated in its charter or act of incorporation. Every school district shall be presumed to have been legally organized when it shall have exercised the franchises and privi- leges of a district for the term of one year. All schools supported, wholly or in part, by state school funds, shall be styled the public schools, and admission to them shall be free and without charge to all persons between the ages of five and twenty-one years, residing in the district. (1878, c. 36, § 1.) 2. Classified.— School districts shall be classified as follows: First — Common school districts, including all districts not embraced in either of the two following classes: Second — Independent school districts, including all districts now organized as such, or that may hereafter be organized un- der section 94 (*[ 138) of this chapter. Third - — Special school districts, including all districts now organized as such, or that may hereafter be organized wholly or in part under any special laws of this state. (Id. §2.) 3. Numbered. — The numbers of districts now existing and numbered in each county shall be continued to such districts respectively; and such districts as may hereafter be formed shall be numbered in the several counties by the county audit- ors, who shall make and keep in the records of their offices a clear and well-defined plat or description of each school dis- trict, and of such formations and alterations as may from time to time be made. (Id. § 3. ) 4. Hold Property. — Every district shall hold, in the corpo- rate name of the district, the title of lands and other property now owned, or which may hereafter be acquired for school dis- trict purposes in such districts, and no property held by school districts for public school purposes shall be subject to taxation. (Id § 4. ) 5. Doubtful Titles. — When the title to lands or other prop- erty, held for school purposes, is in doubt, or is vested in other parties than those prescribed in the preceding section, the trus- tees of the district or board of education shall procure the title to such lands or other property, to be vested as provided there- in. (Id. § 5. ) 6. Sites, how Acquired. — Whenever it shall become neces- sary for any common school district, or any independent or special school district in the state, to acquire for the use thereof a site for a school house, or for any addition to any school house site, the title to any real estate, whenever the same shall not be F 6. There is no authority to acquire a site for a school house on school lands owned by the state, but occupied and held under contract of pur- chase. To do so the state would have to be made a party to the proceed- ings, and the school law gives no such right.— Hahn, p. 534. SCHOOL LAWS OF MINNESOTA. 19 acquired by agreement with the owners thereof, may be ac- quired by any such school district, in the manner hereinafter provided, (/d § 6.) 7. Petition Describing Lands. — The board of trustees of any such common school district, or the president or other chief ex- ecutive officer of any such independent or special school dis- trict may, on behalf of such district, present to the district court in and for the county where the lands proposed to be acquired are situated, or to the judge of said court, a petition describing the lands which it will be necessary to acquire, the names and residences of the owners thereof, if known to the petitioners, and also the names of all other parties by the records of such county appearing to have any interest in or lien upon such lands, and thereupon such court or judge shall make an order designating a time and place when and where commissioners will be appointed to appraise the value of such lands, and the damages which mav accrue by the taking and use of the same. (Id. § 7.) 8. Notice to Owner. — A copy of such order shall be person- ally served upon the owner and other persons interested in such lands, if they be residents of this state, and their place of resi- dence be known to the petitioners, which service shall be made at least twenty days before the time fixed for the appointment of such commissioners. Service upon minors or insane per- sons may be made by leaving a copy of such order with their guardian or other person having such minor or insane person in charge. If such owner or other person interested, or any of them, be not residents of this state, or if the place of residence of such person be unknown to the petitioners, the service of such order shall be made by the publication thereof, once in each week, for three successive weeks, in a newspaper pub- lished in the county where such lands are situate, or if there be none, then in a newspaper published at the capital of this state, the last of which publications shall be at least twenty days be- fore the time fixed for the appointment of such commissioners. (Id. § 8.) 9. Appraisal of Sites. — At the time and place named in such order, the court or judge, after satisfactory proof of the service of such order, and of the necessity of the taking and appropriating such lands, shall appoint three disinterested per- sons, residents of such county, as commissioners, who shall have power to appraise the value of all lands mentioned in such petition, and the damages for the taking and use of the same. Said commissioners, before entering upon the duties of their office, shall severally take and subscribe an oath that they will faithfully perform their duty as such commissioners with- out partiality, and to the best of their knowledge, and ability, which oath shall be filed in the office of the clerk of such court. Said commissioners shall give notice to all persons named in such petition of the time when the j will meet upon the lands desci'ibed in such petition to appraise the value of the same, 20 SCHOOL LAWS OF MINNESOTA. and the damages which may accrue by the taking and use thereof. Such notice shall be served in the same manner pro- vided in section eight of this act, except that the same shall be made at least five days before the time designated for such meeting. (Id. § 9, as amended 1881, c. 41, § 1. ) 10. Meeting of Commissioners — Appeals— Judgments. — At the time designated in such notice the commissioners, or a majority of them, shall meet upon the lands described in the petition, and shall proceed to examine the same and to hear the allegations and testimony of all persons interested and appear- ing, and shall within ten days thereafter make and file in the office of such clerk their appraisement and award of the value of such lands, and of the damage sustained by reason of the taking and use thereof. Provided, first, either party may appeal from such appraise- ment and award at any time within thirty days after filing the same, by filing with the clerk of said court a notice of appeal, signed by the party taking the same. In case of an appeal, the clerk shall enter such appeal as an action in said court, naming such school district as plaintiff, and the persons named in such petition as owners of and interested in such lands as defendants, and thereupon such appeal shall be tried as other causes in such court are tried, and a judgment rendered therein. Provided, second, in case no appeal shall be taken, the clerk of such court shall enter judgment in favor of the owner of such lands and against such district for the amount of the award; and in case of an appeal, the clerk shall in like manner enter judg- ment for the amount of the verdict and costs, if any, and declaring that upon payment of the amount of the verdict, or assessments and costs as aforesaid, to the owner of such lands, or to the clerk of such district court, the title to the lands and real estate aforesaid for the purposes aforesaid, shall, as against the owners of and the parties interested in such lands and real estate, pass to and vest in such school district, and be and re- main therein, and such school district shall have the right to have and occupy the said lands for the uses and purposes afore- said. The petition, orders, oaths of commissioners, notices, proofs of service, award and verdict, if any, together with the final judgment, shall constitute the judgment roll. Provided, third, in case no person other than the owner of such lands' appears in such proceedings, the amount of such judg- ment shall be by the clerk of such court paid to such owner; in all other cases, the same shall be paid in such manner as the court or judge may direct. (Id. § 10.) 11. Fees of Commissioners. — The fees of such commis- sioners, for all services rendered by them under this act, shall be the sum of three dollars each, which, with all other costs of such proceedings, shall be paid by such district. (Id, § 11.) 12. Formation of School Districts.— Whenever it maybe desired by residents and tax-payers of two or more school dis- tricts in this state to organize a new school district they shall SCHOOL LAWS OP MINNESOTA. 21 petition the board of county commissioners therefor, and such petition shall contain the following facts, to- wit: 1. A correct description of the territory desired to be em- braced in the proposed district. 2. The number of persons residing in the proposed district. 3. The number of children of school age residing therein. 4. The school districts affected by the organization of the proposed district, the number of children of school age resid- ing in each district so affected, and the number of such chil- dren which such organization would take from such districts, respectively. 5. Such petition shall be signed in writing by a majority of the freeholders residing in the portion proposed to be detached of each of the several districts to be affected by such organiza- tion who are entitled to vote at school meetings in their re- spective school districts, and each person signing such petition shall acknowledge his or her signature before some person authorized by law to take acknowledgment. (1891, c. 26, § 1.) 13. Action of County Commissioners. — Upon the presenta- tion of the petition provided in section one(Par. 12) of this act, the county commissioners shall appoint a time and place for a hear- ing upon it, and shall post one notice thereof, setting forth the substance of the petition, and the time and place of such hear- ing, in some public place in each district to be affected by the organization of such district, and shall cause such notice to be published at least once in the legal newspaper printed and pub- lished in the same county, and such other newspapers printed and published in said county, not to exceed three, which shall be designated by said county commissioners, if any there be, 12. A petitioner, after signing a remonstrance, cannot be claimed as a petitioner.— Hahn, May 29, 1886. The revised statutes provide that a petition for the alteration of a school district, the territory of which lies in two counties, shall be pre- sented to the board of county commissioners of each county, of course, for their concurrent action. It is therefore necessary that the proposed alteration shall be agreed to by each of the boards before it can take effect.— Colville, p. 239. County commissioners have no power to create a new district until they have been petitioned to do so by a majority of the freeholders residing in the proposed new district, and also of those residing in each of the old districts from which territory it is proposed to be taken. — Colville, p. 236. A married woman is not a freeholder because her husband is such, nor is the husband a freeholder because the wife is such. — Wilson, p. 345. Paragraph twelve relates to the creation of a new district out of the territory of one district as well as from the territory of two or more exist- ing districts. The county commissionors, in response to a petition, ordered a new school district set off; thereafter, the residents of the new district refused to organize. Assuming the action of the commissioners to have been in compliance with the requirements of the law, the new district has ceased to be a part of the old district, and the old district officers have no jurisdiction whatever over the territory embraced in the new district. If the new district fails to organize for two years, it becomes a nominal district, and can then be attached by the board of commissioners, or upon a proper petition it can be re-attached at this time. — Clapp, March 13, 1889. 22 SCHOOL LAWS OF MINNESOTA. and cause a copy thereof to be served upon the clerk of each district so affected, at least ten days before the time appointed for such hearing. The posting of each notice shall be verified by the affidavit of the person posting the same, which said affi- davit shall state the time and place of posting, and the serving of said copy of notice upon the clerk of each district shall be verified by the certificate of the county auditor, and the publi- cation of such notice shall be verified by the publication of such paper or papers. (Id. § 2. ) 14. Hearing Upon the Petition. — At the time and place so appointed for said hearing, the commissioners, having publicly read the petition, shall proceed to consider the same, and shall listen to arguments by persons interested for or against the proposed organization. The hearing may be adjourned from time to time, in the discretion of the commissioners; and at the conclusion thereof the board of commissioners shall cause their decision to be entered upon their records, which shall be in the form of an order particularly describing the district thus formed, the number by which it shall be known, signed by the chairman, and attested by the auditor, who shall, if the action of the commissioners be affirmative, cause a copy thereof to be filed with, or addressed by mail to, the clerk of each district affected. The decision of the said board when so recorded shall be final. (Id. § 3.) 1 5. When District is in Two or More Counties. — When the territory embraced in the proposed districts consists of parts of two or more counties, the petition shall be in duplicate, or more, as the case may be, and one presented to the board of commissioners of each of said counties, who shall severally proceed to hear the petition in the manner directed; and it shall be requisite to the organization of such district in such case that the action of each of such boards be in the affirmative. The provisions of section two (Par. 13) of this act shall be, in such case, in all things observed. (Id. § 4. ) 16. Contiguous Territory. — Any school district organized under the provisions of this act may include any contiguous territory whether the same be included in a special, independ- ent or common school district. (Id. § 5. ) 17. Limit as to Including School Buildings of an Existing District.— No new district organized under the provisions of this act shall be so formed as to include the school buildings of any existing district; nor shall any of the territory incorpo- rated into such new district be thereby relieved of any obliga- tion to which it was subject prior to the formation of such new district as part of another district; and where a district from which any portion of such new district shall be detached was prior thereto bonded for school purposes, the real estate em- braced in the territory so detached shall be taxed for the pay- ment of such bonds and the interest thereon in the same man- ner as if such territory had not been so detached. SCHOOL LAWS OF MINNESOTA. 23 18. School Districts Must be Established in Accordance with this Act. — No school district shall hereafter be organized in this state otherwise than in accordance with the provisions of this act. (Id. § 6.) 1 9. Division of Moneys and Effects.— Whenever the bound- aries of any school district are changed, or any school district is divided, said commissioners shall make a division of all moneys, funds and credits belonging to such district, and shall make an award of such moneys, funds and credits to the dis- tricts affected by such change, and in making such award the commissioners shall take into consideration the indebtedness, if any, of the district so divided, and shall make such divisions as they deem just and equitable. (1878, c. 36, § 16, as amended 1891, c. 73.) 20. Women May Yote. — Any woman of the age of twenty- one years and upwards, belonging to either of the classes men- tioned in section one of article seven of the constitution of the State of Minnesota, who shall have resided in the United States one year, and in this state for four months next preceding any election held for the purpose of choosing any officer of schools, or any school district meeting called to consider any measure relating to schools, shall be entitled to vote at such election or meeting, in the school district of which she shall at the time have been for ten days a resident; and any woman so entitled to vote shall be eligible to hold any office pertaining solely to the management of public schools; provided, that it shall be the 19. In the case of districts which were divided before the act of 1891 took effect, the rule affecting their property rights is that the old district remained liable for all debts and retained all the property of the old dis- trict, even though such property, upon the division, fell within the terri- torial limits of the new district. — City of Winona vs. School District 40, 13 Minn. This does not apply to liability upon loan made of the state, as the entire territory comprising its district at the time such loan was made, is to be taxed to pay the loan under the provisions of the amend- ment to the State Constitution authorizing such loans. 20. School Officers -Bight of Women to Vote and Hold Office. — The office of county superintendent of schools is an “office pertaining solely to the man- agement of schools,” within the meaning of art. 7, sec. 8, of the constitu- tion of the state. Sec. 8 referred to takes the matter of allowing women to vote for or hold school offices out from under the provisions of the pre- ceding sections of art. 7, and leaves it entirely within the control of the legislature, subject only to restrictions contained in sec. 8 itself; under this section the legislature has authority to make women eligible to a school office.— State of Minn, ex rel. W. J. Hahn, Atty. Gen. et al. vs. Ella Gorton, 33 Minn. p. 345. Under general statutes 1878, chap. 36, sec. 13, women are eligible to the office of county superintendent of schools. — Id. A woman wha is entitled to vote, and is a freeholder, can sign petitions and remonstrances respecting the formation and alteration of school districts. — Clapp, Aug. 28, 1888. A foreign born woman, becomes, under the laws of the United States, a citizen when she marries a citizen, and if married then when her husband becomes a citizen, and if married to a citizen, she may, if she possesses the other necessary qualifications, vote without taking out any naturalization papers, but to entitle her to the rights of citizenship, her husband, if foreign born, must have taken ouo his full citizenship papers, that is his second papers so called. — Clapp, April 13, 1887. 24 SCHOOL LAWS OF MINNESOTA. duty of all judges of election to permit any woman to vote at any election for the purpose of choosing any officer of schools, or any district school meeting called to consider any measures relating to schools, if they are satisfied that she is otherwise a legal voter, without requiring her to register as now provided by law for male voters. (1878, c. 36, § 13.) 21. Separate Ballot for Women. — Whenever the charter or act of incorporation of any city or village provides for the election of public school officers within such city or village, at the same election at which other officers of such city or village are elected, the ballot offered by any woman entitled to vote under this act shall not contain the name of any person to be voted for at such election, except such officers of public schools; and all such ballots shall be deposited in a separate ballot box, but canvassed with the other ballots cast for school officers at such election. (Id., §14.) 22. Women May Vote for County Superintendent.— Any woman of the age of twenty- one years or upwards, belonging to either of the classes mentioned in section one of article seven of the Constitution of the State of Minnesota, who shall have resided in the United States one year, and in this state for four months next preceding any election at which a county superin- tendent of schools is elected, shall be entitled to vote for county superintendent of schools at such election, in the election dis- trict of which she shall at the time have been for ten days a re- sident. (1885, c. 204, § 1.) 23. Shall Register. — Any woman entitled to vote under this act shall be required to register as now provided by law for male voters. (Id, § 2.) 24. Separate Ballot. — The ballot offered by any woman en- titled to vote under this act shall not contain the name of any person to be voted for at such election except such county sup- erintendent of schools; and all such ballots shall be deposited in a separate ballot box, but canvassed with the other ballots cast for county superintendent of schools at such election. (Id. § 3.) 25. Separate Box for Women. — The supervisors of the several townships, and the city councils of the several cities, shall procure, at the expense of the said townships and cities respectively, a separate ballot box for each election district destitute of the same, in which the ballots of women entitled to vote under this act shall be deposited. (Id. § 4.) 26. Change of District Boundaries.— Upon the presenta- tion of any petition respecting changes in the boundaries of school districts, the county commissioners shall appoint a time and place for a hearing upon it, and shall post one notice thereof, setting forth the substance of the petition, and the time and place of such hearing, in some public place in each 1 Paragraph 26 only relates to changes of district boundaries. New dis- tricts are formed under the provisions of paragraph 12. SCHOOL LAWS OF MINNESOTA. ZO district to be affected by the proposed change, and cause to be served a copy thereof upon the clerk of each district to be af- fected, at least ten days before the time appointed for such hearing. The posting of such notice shall be verified by the affidavit of the person posting the same, which said affidavit shall state the time and place of posting, and the serving of said copy of notice upon the clerk of each district shall be veri- fied by the certificate of the county auditor. ( 1878, c. 36, § 15, as amended 1881, c. 14, § 1. ) 27. Same, Hearing of Petition, etc. — At the time and place so appointed for such hearing, the commissioners, having pub- licly read the petition, shall proceed to consider the same, with anything which may be said by interested persons for or against granting the prayer of the petitioners. At the conclu- sion of such hearing, which may be adjourned from time to time, they shall cause to be entered upon the records of such board their decision, which shall be in the form of an order particularly describing the districts affected thereby, signed by the chairman, and attested by the auditor, who shall, if the action of the commissioners be affirmative, cause a copy there- of to be filed with, or addressed by mail to the clerk of each district affected, (id, § 16.) 28. When in Two or more Counties. — Provided, first, that when the territory of the district or districts to be affected by such alteration or consolidation consists of parts of two or more counties the petition shall be in duplicate, or more as the case may be, and one jiresented to the commissioners of each of such counties, who shall severally proceed to hear the petition in the manner directed. That to effect the alteration or con- solidation in such petitions desired shall require the concurrent action of the commissioners of each of such counties. The de- termination of such commissioners in each county shall be entered upon their records in the several counties by the sev- eral county auditors who shall file the copies thereof with the clerks of the districts affected thereby in their respective coun- ties in the manner directed, and also with the county auditors in each of the counties petitioned. Provided,, second, that if any five or more voters who are free- holders residing in the district and who may feel aggrieved by the alteration of their district, shall make and file with the county auditor a written application x0 the county commission- ers for a rehearing of any matter in relation to school districts upon wTiicli they have entered their order not more than twenty days prior to such filing, said auditor shall present the same at their next session thereafter to said commissioners, who shall thereupon cause notice of a rehearing of such matter to be served upon the clerks of the affected districts and posted as 28. The commissioners of one of two counties containing a joint district can not add to or take from the territory of said joint district without the consent of the other county. — Hahn, p. 538. 26 SCHOOL LAWS OF MINNESOTA. provided in case of petition; and at the time and place stated in such notice, or at any subsequent time to which the same may be adjourned, they shall hear such grievance, and make such order in the premises as they may think justice requires. Provided , th ird, that upon a petition of any legal voter to said commissioners, stating that it is the desire of the petitioner to be set off from the district in which he then is, to some district adjoining the same, which petition shall show that the petitioner is a resident of and a freeholder in the district from which he desires to be set off, and that his land is adjoining the district to which he wishes to become attached, and also the reason for the same, which petition shall be verified by the oath of the petitioner, to the effect that the statements therein contained are true to the best of his knowledge and belief; the said commis- sioners, having given notice as provided in case of petitions signed by more than one person, may change the boundaries of the district in which said petitioner resides, so as to set him off to some other district adjoining the same, whenever it shall seem to them just and proper so to do. (Id. § 16.) 29. Women may Sign Petitions, &c. — Provided, fourth, that petitions and remonstrances respecting the formation of school districts and changes in their boundaries may be signed by women who are freeholders in the district and are entitled to vote in its school meetings; and provided further, that all per- sons actually residents in the district upon said lands, which they hold under homestead or pre-emption, or under contract with the State of Minnesota, shall be deemed freeholders within the meaning of this act. (Id. § 16 as amended 1879, c. 43, § 1; and 1881, c. 41, § 2; and 1885, c. 121, § 1. ) 30. A rea of Districts. — Any school district hereafter or- ganized or altered may contain the entire township in wrhich it is situated, or a tract of land six miles square in different town- ships. and persons not residents of such district, and to whom the school in such district is easier of access than the school in any other district, may, upon application to the county com- 30. A nominal school district is one in which no school has been taught for two years.— Hahn, Jan. 12, 1885. The superintendent’s reasons for constituting a district with less than thirty-five residents, between the ages specified, maybe required. Of the validity of those reasons, the county board is the ultimate judge. — Wilson, p. The school privileges which the county commissioners are thus author- ized to give are confined to a district composed of an entire township, or one six miles square, and is also limited to persons to whom the school in such district is easier of access than the school in any other district. It does not apply to school districts in general. — Hahn, p. 500. Territory six miles square is not equivalent to thirty-six square miles. Under this section the district may comprise an entire township irrespect- ive of its length, breadth or area; or it may comprise a territory six miles square in different townships. — Hahn, p. 500. May he changed by Legislature.— School districts are quasi corporations and under the control of the legislature. They may be changed and di- vided at the legislative will, and property may be thus transferred from one organization to another.— Connor vs. St. Anthony Board of Education, 10 Minn. p. 352. SCHOOL LAWS OF MINNESOTA. 27 missioners of the county in which such district is located, be admitted to all the benefits of such school, upon such terms as the said commissioners may deem proper. Provided, first, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act, to vote at any school district meeting of the school district within which he may receive such benefits or privileges, but of which he is not a member. Provided, second, that in organized counties containing nomi- nal school districts in which schools have not been held for two years, or territory not embraced in any school district, the county commissioners shall attach such nominal school districts and all such territory, to adjoining districts having schools. Such territory shall be distributed to districts in the most equit- able manner possible, and with regard to the convenience of any residents upon the same. In case a common school district becomes extinct, or has heretofore become extinct, in conse- quence of having all its territory attached to other districts, any funds in the county treasury, or in the hands of the trea- surer of such extinct district, after the payment of all debts of such district properly and legally payable out of such funds, shall be distributed by the county auditor to the districts to which its territory has been annexed, in proportion to the val- uation of the real property so annexed to each. Provided, third, that county commissioners shall make no changes in the boundaries of existing school districts, unless upon recommendation of county superintendents of schools, that shall leave any old district or constitute any new district with less than thirty five residents between five and twenty-one years of age, except under the condition of the third proviso of section sixteen of this act. (1878, c. 36, § 17, as amended 1881, c. 51, §1.) 31. Changes not to Affect Contracts. — No changes in the title, condition, or relation of existing school district property, shall affect or prejudice any right of such district to enforce by law against the proper parties thereto, any contract, right, obligation or cause of action now existing, or prejudice any right of any party wdio holds any contract, right, obligation, or cause of action, or lien upon any such district or the property thereof. {Id. § 18.) 32. Powers of District Meetings. — The legal voters of school districts, when lawfully assembled, not less than five be- 31. Consolidation of. — School district No. 2, of the county of Anoka, con- tracted a debt for the erection of a school house. Under the act of March 7, 1861, it became subdistrict No. 2 of Anoka, and by the action of the trustees, under that act, was merged in and became a part of subdistrict No. 1 of that town. By the operation of the act of 1862 subdistrict No. 1 of the town of Anoka was changed to school district No. 1, county of Anoka, the defendant. Held, that defendant was liable for the debt of school district No. 2. — Daniel Bobbinsvs. School District No. 1 , Anoka County, 10 Minn. p. 268. 32. Must Show Authority. — As school districts are mere creatures of law, established for special purposes, and derive all their powers from the acts 28 SCHOOL LAWS OF MINNESOTA. ing present, shall have power by a majority of votes of those present, First — To appoint a moderator. Second — To adjourn from time to time. Third — To elect a director, clerk and treasurer, which elec- tions shall be by ballot, and when necessary to choose a clerk pro tern. Fourth — To designate a site for a school house — provided, that the site for a school house shall not be changed after having been designated, unless at least a majority of the legal voters in the district, who have resided therein for a period of at least six months prior to such vote, and two thirds of the voters creating them, it is perfectly just and proper that they should be obliged strictly to show their authority for the business they transact, and be confined in their operations to the mode, manuer and subject matter pre- scribed.— School District No. 7, Wright County vs. J. H. Thompson , 5 Minn. p. 221. The centre of the district, means the geographical centre, and when a district is irregular in form, the centre is that point which is nearer more of the territory of the district than any other point. — Clapp , Sept. 15, 1889. “Who are the judges of the special school meeting to receive the vote, and to decide who are voters?” I suppose the same course would have to be pursued as at the annual meeting. The moderator would have to de- cide all questions, subject to the right of appeal. — Wilson, p. 366. School House.— “Are school districts authorized to elect two or more per- sons in addition to the regular official board of trustees, to act with and have equal voice and control with the trustees in building a new school house?” No. The statute makes no provisions for any such quasi officers of the district. When a school district votes to build a school house, de- signates site and provides funds for the purpose, the trustees of the dis- trict are charged with the duty of executing the will of the district in the premises. — Start, p. 425. The directions to contract for the erection or lease of a school house must come from a district meeting, and in the powers conferred upon that meeting there is no limitation as to the amount which shall be expended for the purposes designated, the only limitation being as to the amount of tax which may be levied in any one year, namely, six hundred dollars. — Itohhins vs. School District No. 1, Anoka County, 10 Minn., p. 268. The legal voters at the annual or at a special meeting have no power to select a teacher, or to determine what salary shall be paid. These are questions for the district board, which “gets its authority, not from the voters, but from the law.” District officers must be elected by ballot. — Wilson, p. 352. It is for the moderator of a school meeting to decide who are voters. — Wilson, p. 366. There is no limit to the amount that may be raised for the purpose of meeting obligations that have matured. Voters may at a lawful meeting rescind vote of former meeting as to selecting site and raising money to build school house. — Wilson, p. 366. The proceedings of a school meeting presided over by a moderator not elected in due form are valid if no objection be made at the time.— Hahn, p. 477. “If funds are not in hand, cannot the electors authorize the board to borrow funds for the purchase of a school house site?” No authority is given to school districts to borrow money save in the manner provided by law. When, however, the district has incurred an indebtedness for a purpose authorized by law, and the payment of such indebtedness is post- poned to a future day, the district, in consideration of the forbearance, may contract to pay interest thereon, and for that purpose may execute and deliver promissory notes.— Wilson, p. 316. SCHOOL LAWS OF MINNESOTA. 29 so qualified, who are present and voting, vote in favor of such change; except that whenever a majority of the legal voters of any school district, voting thereon, shall determine to build a new school house, or to remove a school house already built in such district, and the school house site therein shall be more than one-quarter of a mile from the center of the district, then a majority of the legal voters of such district, voting thereon, may change the site to a more central location. {Id. §19, as amended 1889, c. 166 § 1.) Fifth — To vote an amount of money to be raised by a tax on the taxable property of the district, sufficient to meet the con- ditions on which apportionments from state school funds are made to districts, and to raise such additional amounts as the district may determine, to purchase or lease a site for a school house, and to build, hire or purchase such school house when the same is necessary; to keep in repair and provide the same with the necessary furniture and appendages; to procure fuel, It appears that the trustees built the school house well to the northern boundary of the district, and in so doing ignored the vote of the district in fixing the site. In this they clearly exceeded their authority , and the district would not be bound by their action, and could not be compelled to pay for the house. — Wilson, p. 297. In 1882 the district voted to accept two school house sites, and did not build on them, and now have accepted two others. Is it necessary to re- scind the acceptance of the first before accepting the latter? Answer: It is not necessary to rescind such action before accepting the latter. — Clapp, April 13, 1888. The district meeting may ratify a contract by the trustees for more than three months’ school, and levy a tax for the payment of teachers so em- ployed.— Cole, p. 102. A majority of the legal voters at a regularly called meeting may change the school house site to a point at least one-fourth of a mile nearer the centre of the district. — Hahn, p. 510. If a district votes to have school for a longer time than that required by law, it must also vote adequate means to support it. The trustees have no power to levy a tax to meet the increased expense. — Cornell, p. 256. The annual school district meeting, if held without the statutory notice, can not vote money for the building or purchasing of a school house, or fix the site thereof, but may transact all other lawful business thereat. — Wilson, p. 324. Notices are not essential to the legality of an annual school meeting, but when money is to be raised to build or buy a school house or fix the site thereof, written notices setting forth that such money is proposed to be raised or a site established must be posted as prescribed in the law. — Cole, p. 74. A person who is a resident of a district and legally qualified to vote at a town meeting or general election, is a legal voter of such district, and hence eligible to hold the office of trustee therein. Under our constitution, a residence for the purpose of voting is not lost by reason of absence while a student in any seminary of learning.— Cornell, p. 257. The minor children of "any parent duly naturalized, and who at the time of such naturalization of the parent, reside within the United States, be- come citizens and entitled to all the privileges of citizens immediately on their arriving at the age of twenty-one years. — Clapp, April 13, 1887. “Is it competent for a school meeting to vote a term of school other than the precise term mentioned in the notice?” In my judgment it is compe- tent for a district, at a meeting called upon such notice, to vote any length of term allowed by law. While it is true that the notice is to the effect 30 SCHOOL LAWS OP MINNESOTA. and to purchase or increase the library and school apparatus; to appoint a librarian, and to make all rules necessary for the usefulness, preservation and increase of the library. Sixth — To repeal or modify their proceedings from time to time, in accordance with the powers conferred by this act. Provided , first , no school district shall in any one year levy a tax exceeding eight mills on the dollar, for the purpose of build- ing a school house, or leasing or procuring a site for a school house; but any district in which the above rate will not produce the sum of six hundred dollars may raise by a tax that sum in any year, if the rate does not exceed twenty-five mills on the dollar on all taxable property of the district. Provided , second , that the legal voters of any school district containing less than ten voters, when lawfully assembled, not less than five being present, shali have power, by a majority of votes of those present, to do and perform all the acts mentioned in the several subdivisions of this section, except that such meeting shall not vote a tax to exceed in amount two hundred dollars in any one year. (Id. § 19, as amended 1887, c. 35, § 1.) There shall be levied annually * * * for school district purposes, in addition to the general tax of one mill, such sum as may be voted at any legal meeting of the qualified voters of the district, the rate of which shall not exceed nine (9) mills for the support of the school, or one per cent for the erection of a school house. (Extract from General Tax Laiv , 1878, c. 11, § 49.) that a vote will be taken as to whether they will have seven months school or not, it must be borne in mind that the object of the meeting, as gathered from the notice itself, is to fix the length of the term, and it, coming within the purview of the call, there is no question about the right of the district to take such action. If the notice for the meeting stated the object so precisely that no opportunity of choice and no varia- tion of mode should be left to the meeting, it would give those whose duty it is to call the meeting a check upon the free exercise of the right vested in the residents of the district. — Clapp , Sept. 13, 1887. In June a sum of money was voted to build a school house; in Septem- ber a portion of the district was erected into a new one. “Can the tax be levied upon the entire district as it existed when the vote was passed?” I am of the opinion that the tax must be limited to the district as it exists at the time of the actual levy of the tax upon the assessment roll.— Cole, p. 139. The general tax law, sec. 49, p. 226, Gen. Stat. 1878, limits the rate of taxation for current expenses to nine mills. If this is not sufficient to support a school the time required by law, the rate may exceed nine mills, “but in all cases of this kind no more should be levied than is actually required * * * and a special return of the amount levied should be made to the county auditor, that the nine mill rate is insufficient to en- able the district to comply with the law, and stating the amount necessary for that purpose.”— Start, p. 418. After a tax for school district purposes has been extended upon the tax duplicate and partly paid, it is too late to raise the questions as to its legality before this office. It must be treated as regular and valid until an adverse judicial determination. — Cole, pp. 260, 291. SCHOOL LAWS OF MINNESOTA. 31 TITLE II.— School District Officers. 33. District Officers. — The officers of each common school district shall be a director, a treasurer and a clerk, who shall be elected by a ballot at the annual meeting, which shall be held on the third Saturday in July of each year at seven o'clock p. m., unless a different hour shall have been fixed by a vote at the last preceding annual meeting. And the term of office of any common school district officer that should expire Sep- tember, A. D. 1885, shall expire on the last day of July, 1885, and the term of office of any common school district officer that should expire in September, 1886, shall expire on the last day of July, A. D. 1886, and the term of office of any common school district officer that should expire in September, A. D. 1887, shall expire on the last day of July, A. D. 1887. 33. The election must be by ballot. “An election, therefore, of school district officers by viva voce vote would be irregular and invalid. A person elected in this way to office would have no title that he could assert against a regular incumbent of the office holding after the expiration of his term. And yet a person elected by a viva voce vote, having qualified and assumed the duties of the office to which he was elected, would be an officer de facto, and his acts as to third persons would be valid.” — Wilson, p. 352. Officers elected at an annual meeting, unless elected to fill a vacancy, do not take their office until the first day of August. It is no part of the duties of the county attorney to advise school dis- trict officers. For the services named he would be entitled to the same fees as if performed at the request of a private individual. — Hahn,p. 468. Was a vote in a district meeting “ to allow the director and treasurer the same per cent, on disbursements as the clerk receives,” proper and legal? I decide in the negative. The law is the place to look for the compensation of public officers. Unless it provides for it no compeusa- tion can be voted or allowed to them, and whatever compensation is pro- vided can neither be increased nor diminished except by a change in the law. The vote was not within their jurisdiction, and is therefore void. — Hahn, p. 476. Under our constitution and laws, aliens are not eligible to any office elective by the people. If, however, an alien were elected to the office of district clerk of a school district, or appointed to such office by the proper appointing power, and should assume such office by virtue of such elec- tion or appointment, and exercise the duties thereof, he would be an officer de facto, and his acts, though not those of a lawful officer, the law, upon principles of policy and justice, would hold them to be valid, so far as they involved the interests of the public and third parties.— Wilson p. 316. Many matters arise relating to the election of school district officers. While it is important that all the requirements of the law be complied with, it should be borne in mind that the official act of an officer does not necessarily depend for its validity upon the regularity of his election. Where a person is exercising the duties of an office under color of authority, claiming title to the same, he is what in law is termed an officer de facto, and his acts are valid until he is ousted from the office by legal proceedings, or abandons the office. The right of a de facto officer to hold the office cannot be questioned collaterally, but can only be ques- tioned in an action brought directly against him to oust him from the office: thus, it may frequently happen that a person is occupying an office and his acts as such officer will be valid, yet his title to the office be so defective that in a direct proceeding brought against him to oust him, his title to the office could be defeated. — Clapp, March 25, 1891. 32 SCHOOL LAWS OF MINNESOTA. The clerk shall, within three days after the meeting, notify such persons of their elections, and they shall enter upon their terms of office on the first day of August in each year, and con- tinue in office until their successors are elected and qualified, under the following order of the boards elected at the annual meeting in October. A. D. 1872: The director shall hold his office one year, the treasurer two years, and the clerk three years, and thereafter one trustee shall be elected annually. But when a new district is formed, a meeting for organization may be called by a notice stating the object of such meeting, signed by three freeholders or householders residing within the limits thereof, and posted in five conspicuous places in the district ten days before the time fixed for holding such meeting, and such meeting, so called, shall have the same power as annual meetings; provided, that the board of trustees elected at such meeting shall hold their respective offices until the next annual meeting; and, of the officers elected by any district at the first annual meeting after the organization, the director shall hold his office for one year, the treasurer two years, and the clerk three years; provided, second, if an annual meeting is not held, or if for any reason a trustee is not elected to an office, the term of which expires at the regular annual meeting of that year, the incumbent of such office shall hold over until its next annual meeting in the following year, and until his successor is duly elected at a regular annual meeting. ( 1885, c. 57, § 1. ) 34. Vacancy in Board of Trustees. — In case of any vacancy in the board of trustees the vacant office shall be filled by the remaining members until the next annual meeting, when the vacancies shall be filled by election for the unexpired term. Provided, that if any vacancy exists, and the remaining mem- bers of the board neglect or fail to fill it by appointment within ten days after its occurrence, a special meeting of the district, to fill such vacancy or vacancies, may be called, as in the case of the. organization of a new district, the notices for which, signed by three freeholders or householders, shall set forth the business the meeting is called to transact, and the officers elected at such meetings shall hold the offices to which they are elected during the unexpired current term of the office to which they are severally elected, and until their successors are elected and qualified. (1878, c. 36, §.-21.) 35. Officers to (Qualify. — All persons elected as district officers under the provisions of this chapter, shall, within ten days after notice thereof by the clerk, file their acceptance of the same, in the office of the district clerk; and a failure to file such acceptance shall be deemed a refusal to serve, and it shall, 35. What constitutes the qualification of school district officers? Ans. — Taking and subscribing to the official oath. The treasurer must also file the required bond with the clerk. — Hahn, p. 538. Vid. 1878, c. 72, § 1. A failure to elect a trustee to take the place of one whose term has ex- pired does not cause a vacancy, as the old trustee, in such case, holds over till the next annual meeting. SCHOOL LAWS OF MINNESOTA. 33 thereupon, be the duty of the officers holding over to fill such offices by appointment, until the next annual meeting, and until the successors of such appointees are elected, or appointed, and qualified for office. Provided, that if any vacancy is not filled by the remaining trustees, within the time specified for such appointment, it may be filled at any subsequent time, before notices have been post- ed for an annual or special meeting. (Id. § 22.) 36. Board of Trustees. — The director, treasurer and clerk of each common school district shall constitute a board of trustees; and any two of such board may make any contract or perform any act which the board as such is authorized to make or perform, except as provided in section thirty-one as amend- ed March sixth, 1879. But no contract shall be made or au- thorized without due notice to all the members of the board of a meeting of the trustees called for the transaction of such busi- ness. The board of trustees shall have the general charge of the interests of schools and school-houses in their district; shall lease or purchase in the corporate name of the district a site for a school house designated by the legal voters of the district; shall build, hire or purchase a suitable school-house with the funds provided for that purpose, and when directed by the 36. When one member of board refuses to assent to contract by major- ity, he may be compelled to by law. — Cornell, p. 260. A board of trustees can not enter into contract with one of its own members. — Hahn, March 23, 1886. “When a school district votes to build a school house, designates site and provides funds for the purpose, the trustees of the district are charged with the duty of executing the will of the district in the premises.” — Start, p. 425. If the trustees have contracted for a school for more than 5 [five] months without special authority from the district, the legal voters at any special or general meeting may ratify such action, and levy a tax for the payment of teachers so employed. If they refuse to do this, the teacher would very likely be without remedy. Trustees of school districts are public agents, and when they in good faith contract with parties having full knowledge of the extent of their authority, or who have an equal means of knowledge with themselves, they do not become individually liable unless the intent to incur a per- sonal liability is clearly expressed, although it should be found that through ignorance of the law they may have exceeded their authority. Any knowledge of a defect in their authority, accessible to them but not to the teacher, would probably fix a liability on them. — Cole, p. 102. A certain school district determines by a vote that it does not care for State aid and will only support two months school. The district must maintain a school a sufficient length of time in each year to secure the apportionment from the State school funds. The law provides that the district may vote a tax for this purpose, and, if it does not vote such tax, it declares it to be a duty of the trustees to levy the same. — Claw . Man 3,1888. “Have school district trustees power to hire money to build a school house?” I think not. Corporations, and especially quasi corporations, have only those powers specifically granted to them by statute, and such others as are necessary for carrying into execution those specifically con- ferred. By Par. 36, School Laws, the trustees are authorized “to build hire or purchase a school house, out of funds provided for that purpose .” -3 34 SCHOOL LAWS OF MINNESOTA. legal voters of the district at any legal meeting of the same, may sell or exchange any such site or school-house. The trustees of any common school, independent, special or free school district may, when petitioned therefor by a major- ity of the legal voters of said district, permit and authorize the school house in their district to be used for purposes of divine worship, Sabbath schools, and such other purposes as in their judgment will not interfere with the use of the school- house for school purposes. Before authorizing or permitting the use of the said school house for any of the purposes named in the foregoing section, the trustees may take from some responsible party a bond in the penal sum of one hundred dollars, conditioned for the By the 5th subdivision of Par. 32, School Laws, the manner of providing such funds is specifically indicated. — Cole, pp. 110, 188. A contract made by the board of trustees with one of their number is void. Where one attempts to act in a fiduciary capacity for another, the law will not allow him, while so acting, to deal with himself in his indi- vidual capacity. — TIahn, p. 486. The law provides that “the board of trustees shall have the general charge of the interests of the schools.” If there are funds on hand not designated by vote of the district to any specific purpose, and not needed to meet matured or maturing claims of teachers, such funds may be used by trustees to purchase any articles necessary, in their judgment, to the “interests of the school.” — Wilson, p. 367. Scope of Authority— When trustees step outside of the duties prescribed by statute, and engage in acts not expressly authorized by the power creating or appointing them, they must show affirmatively that their authority has not been transcended. — School District No. 7, Wright County vs. J. H. Thompson, 5 Minn.,p. 221. Leasing Site.— The power to lease a site for the erection of a school house is conferred on the trustees.— Id. In building a school house, trustees may be advised, but cannot be con- trolled by a vote of district as to plans and builder. — Cornell , p. 269. Liability on Contracts. — To make a promissory note executed by the trustees of a school district, as such, the note of the district, it must be shown that it was given for a debt which the trustees were authorized to contract. — School District No. 7, Wright County, vs. J. H. Thompson, 5 Minn., p. 221. Same.— Where the trustees of a school district execute a note for a debt of a district in which they promise “as trustees of school district No. 10,” but which they subscribe without any official designation, they are not individually liable on the note. — John Sanborn vs. William Neal et al, 4 Minn.,p. 83. Same.— Where trustees of a school district execute a promissory note in form as individuals, simply annexing their titles as trustees to their sig- nature, the liability created thereby is an individual one; to relieve them from such liability it must appear from the instrument itself that they executed in their capacity as trustees.— William Fowler et al. vs. John Atkinson, 6 Minn., p. 412. A. W. Bingham vs. Walter Stewart et al.. 13 Id. p. 406. When the legislature says the trustees may let the school house “when petitioned,” etc., it is equivalent to saying they cannot so let it unless so petitioned. This section does not provide that the right to use the school house for purposes of worship should be granted to a majority of the legal voters, but on the petition of a majority. The petition should be for the right to use the building for divine worship, or for Sabbath schools, etc., and not for the right of any particular denomination to so use it. — Hahn, p. 497. SCHOOL LAWS OF MINNESOTA. 85 proper use of said school' house, the payment of all rent, and the repair of all damages that may be occasioned during their use of the same. The said trustees shall charge and collect from the person or persons obtaining the use of the school-house, as provided in this act, such reasonable compensation as in their judgment shall be proper, said moneys to be paid to the treasurer of said school district for school purposes. (Id. § 23, as amended 1879, c. 17 § 1; and 1881, c. 41, § 3; 127, § 1, 2, 3, and 1881, Extra Sess., c. 35 § 1.) 37. Trustees May Levy Tax. — The board of trustees shall submit to the legal voters of the district at their annual school meeting, an estimate of the expenses of the district for the coming year, for the time during which a school is required to be held as a condition of sharing in the state school funds, and for such further time as the legal voters may vote to have school. Said trustees shall have power, and it shall be their duty to levy a tax; if the district neglects to vote such tax, sufficient to support a school for the time, in each year, neces- sary to secure apportionments from the state school funds, and the legal voters, may vote to have a school any further length of time deemed proper, and the trustees shall provide a school, in each year, for the entire time for which a school was ordered and funds provided by the district. Provided , that the trustees, in any action taken without definite instruction shall not permit the current expenses of the school, in any year, to exceed the amount which they are authorized to levy, or which the district has voted, or which maybe on hand for such school. (1878, c. 36. § 24.) 38. Must provide for Opening of Schools. — When any school district shall have determined by a majority of qualified voters, at any legal meeting thereof, to open more than one school, it School House. —It the district has no school-house and one is needed, it is the duty of the trustees to provide the most suitable and convenient room to be obtained for the purpose. — Gould vs. Eagle Creek School District , 7 Minn. p. 145. Authority to Mortgage. — The title to land of a school district is in the district and not in the trustees, and they can not, in the absence of au- thority from the district, execute a valid mortgage thereon. — John San- born vs. School District No. 10, Rice County , 12 Minn. p. 17. Statute of Limitations. — Trustees of a school district have no power under chap. 23, Comp. Stat., without express authority from the district, to make a promise that will take a debt due from the district, out of the statute of limitations. That power rests alone in the inhabitants of the district acting at a district meeting. — Id. 37. It is necessary that there be five months’ school after 1887 to secure apportionment of school funds, and if the district neglects to vote a tax sufficient to support school lor that time the trustees shall levy the same. —Clapp, Feb. 2, 1887. The law requires school to be taught in the district at least five months, and the trustees can not safely ignore that provision, notwithstanding the action of the district. The district having neglected to vote the requisite tax, it is the imperative duty of the trustees to levy the same. — Clapp , Sept. 24, 1888. 36 SCHOOL LAWS OF MINNESOTA. shall be the duty of its board of trustees to provide for the opening of such school, and to arrange for each school the proper number of scholars. (Id. § 25.) 39. District Bonds.— The trustees or board of education of any school district in this state, whether such district be organ- ized by or under any special law of this state, or otherwise, are hereby authorized and fully empowered to issue the orders or the bonds of their respective districts, with coupons, in such amounts and at such periods as they may be directed by a vote of two-thirds of the legal voters present and voting at any le- gally called meeting of the same; said orders or bonds to be payable in such amounts and at such times, not exceeding fif- teen years, as the legal voters thereof at such meeting shall determine, with interest not to exceed seven per cent per annum; which orders or bonds, and coupons shall be signed by the directors and countersigned by the clerk of said district, or by the president of the board of education and the clerk of the board of education. Provided , that nothing herein contained shall be construed to authorize the issuing of such orders or bonds unless two-thirds of all the legal voters present and vot- ing shall vote in favor thereof, at any annual or special meeting' of the legal voters of said school district. (Id. § 26, as amended 1885, c. 80, § 1; and 1887, c. 21, § 1. ) 40. Sale of Bonds.— It shall be lawdul for the legal voters of any such school district, at any such meeting, to vote upon the question of issuing its orders or bonds, but no such bonds shall be issued or negotiated under authority of this act by any board of trustees or board of education, for less than par value, nor shall such bonds or the proceeds thereof be used or appropria- ted for any purpose other than the purchase of a site for, and in the erection, completing and furnishing of a school-house in and for the district issuing such bonds, or in payment of the indebtedness incurred by the erection and furnishing of a school-house already constructed in and for such school dis- trict, or for refunding such school district’s indebtedness. (Id. § 27, as amended 1887, c 21, § 2. ) 41. Registry of Bonds to be Made. — Immediately after the issuing of orders or bonds, pursuant to the provisions of this and the next preceding section, the clerk of the school district so issuing its orders or bonds, shall file with the county auditor of the county within which such district is situate, certified copies of all the proceedings had in such district relative to the issue of such bonds or orders. Before any bonds or orders issued under the provisions of this and the next preceding sec- tion are sold or disposed of, they shall be presented to the county auditor of the county within which the school district 38. A district is not limited to one school-house, or to a single site, but may open as many schools and in as many different places as the voters may determine. 39. It requires a two-thirds vote at a legally called meeting to authorize the issue of bonds, the vote need not be by ballot.— Hahn, March 26, 1886. SCHOOL LAWS OF MINNESOTA. 37 issuing the same is situate. He shall carefully examine the records of the proceedings of such school district upon the question of issuing such bonds or orders, as the same are filed with him, as hereinbefore directed, and shall satisfy himself, by the evidence thus furnished, whether or not all the laws of the state of Minnesota relative to the issue of such bonds or orders have been complied with; and, if satisfied that they have been, and that the orders or bonds in question have been le- gally issued, he shall, in a book kept for such purpose, preserve a registry of each bond or order, showing in separate columns or entries the name of the school district issuing the bond or order, the number of such bond or order, the denomination thereof, the date of its issue, the date when it will mature, the names of the school officers executing the same, and such other facts as may be pertinent; and he shall then indorse on each of said bonds or orders the following certificate: “I hereby cer- tify that the within bond (or order) for dollars (....), issued by school district of county, Minnesota, is issued in accordance with law, and is a legal and valid debt of said school district; that said bond or order is duly registered in this office, and that said school district is legally organized; and that the signatures affixed to said bond or order are the genuine signatures of the proper officers of such district.” The blanks shall be filled according to the facts, and the certificates officially signed by the county auditor and attested by his official seal. (Id. 27, as amended 1889, c. 164, §1.) 42. County Auditor’s Certificate Validates Bonds. — When- ever the County Auditor of any county has heretofore certified upon any school district bond or order issued by any school district within his county, that such bond or order is issued in accordance with law, and is a legal and valid debt of the school district issuing such bond or order, such certificate shall have the same force and effect as it would have, had such act been expressly authorized at the time such certificate was made. (1889, c. 163, §1.) 43. Tax Levy for Payment of Bonds. — The board of trus- tees or board of education, of any district issuing such bonds, shall on or before the tenth day of October next, after the date of such bonds, and each and every year thereafter, on or be- fore the tenth day of October, until the payment of such bonds and interest is fully provided for, levy, and in due form certify to the auditor of the county or counties in which such district is situated, a tax upon the taxable property of such district, equal to the amount of principal and interest maturing next after such levy, and in the discretion of the board, such fur- ther sum as it shall deem expedient, not exceeding twenty per- cent of such maturing bonds and interest, which taxes shall be paid in money, and shall constitute a fund for the payment of such bonds, and the interest thereon. (1878, c. 36, § 28.) 43. Tax should be levied to meet bonds and interest the year before they fall due.— Hahn, p. 540. 38 SCHOOL LAWS OF MINNESOTA. 44. Whenever the trustees of any school district shall have duly issued any bond, coupon, order or other evidence of indebtedness of such school district, and a majority of the trustees of such school district shall afterwards cease to act or their offices otherwise become vacant, and such vacancy shall not be filled before the tenth day of October next preceding the time when such indebtedness shall become due and payable, so as to prevent the levying and certifying by the trustees of such district to the county auditor of the county of the tax for the payment of such indebtedness at the proper time, the holder of any such bond, coupon, order or other evidence of such indebtedness, may at any time, between the tenth day of Octo- ber aforesaid and the time when the annual tax lists are next thereafter, or in any subsequent year, made out by the county auditor, file the same in the office of the county auditor of the county in which such school district is situated. (1885, c. 173, §1.) 45. It shall be the duty of the county auditor to file all such bonds, coupons, orders and evidences of indebtedness, and to keep a record of the filing thereof and the date when filed, and he shall immediately cause a notice of such filing, setting forth the nature and amount of said claim, to be published for three successive weeks in the newspaper in which was published the delinquent tax list of such county for the year last past; the cost of publishing such notice shall be paid by the person filing such claim at the time of filing the same, and he shall, at the time of making out such tax list next after the date of such filing levy upon the taxable property of the school district by the trustees of which such bond, coupon, order or other evi- dence of indebtedness was issued, a tax sufficient to pay the amount thereof, with interest, if any is payable thereon, and extend the same upon the tax lists of the proper district, and said tax shall be collected in the same manner and by the same officers as state and county taxes are collected, and shall be subject to the same penalties for the non-payment thereof; pro- vided, no tax shall be levied by the county auditor, under the provisions of this act, if a written notice, signed by not less than three persons who would be affected by such tax levy, setting forth that such school district has a just and valid defense against the payment of said claim, be served upon him before the expiration of twenty days, after the last publi cation of the notice provided for in the foregoing section. . (Id. §2.) 46. After the completion of such tax lists, and on or before the first day of December in each year, the county auditor of each county shall make a copy of the record of filing of all bonds, coupons, orders and other evidences of indebtedness filed in his office as aforesaid, for the payment of which a tax is extended upon the tax lists of that year, and certify and deliver such copy to the treasurer of said county, and shall upon request surrender and deliver such bonds, coupons or orders and evidences of indebtedness to the person or persons SCHOOL LAWS OF MINNESOTA. 39 respectively entitled to receive the moneys payable thereupon, and the county treasurer shall, upon presentation and surren- der to him of any such bond, coupon, order or evidence of indebtedness, pay to the person presenting the same the amount due thereupon, in the order in which they are filed in the office of the county auditor, out of any moneys in his hands collected for the payment of such indebtedness. ( Id. § 3. ) 47. Taxes. — All special taxes for any public school pur- pose in pursuance of law shall be levied and collected in like manner, and by the same persons, as county taxes are levied and collected. (1878, c. 36. § 30.) 48. To Obtain Loans from School Fund for County. — When any county in this state wishes to obtain a loan from said per- manent school fund, the commissioners shall at a regular or special session adopt a resolution that the county of make an application to the state for a loan of dollars, to be used in paying for the erection of a building for the use of said county of Such resolution shall also state by what authority the county is authorized to make such loan. The county auditor shall report said resolution to the state auditor, and shall also certify to the last taxable valua- tion of said county, together with the bonded and floating in debtedness, if any, and the amount of money in the county treas- ury applicable for the payment of such indebtedness. The report and resolution shall be signed by the county auditor and chairman of the county board. (1887, c. 193, § 1.) 49. Loans for School District. — When any school district in this state desires to procure a loan from said fund, said dis- trict shall at a regular or special meeting vote upon the follow- ing resolution: Resolved, That district No in the county of , State of Minnesota, hereby makes application to the state for a loan of dollars, to be used in paying for the erection of a school house in said district, and that the bonds of said district for the sum of dollars be issued therefor. The vote upon such resolution shall be by ballot. Those voting for such resolution shall use ballots on which shall be written or printed, or partly written and partly printed, the words “For bonds.” Those voting against said resolution shall use ballots on which shall be written or printed, or partly written and partly printed, the words “Against bonds.” If a majority of the qualified electors voting upon such resolution shall vote in favor of it, the chairman shall de- clare the resolution adopted. Within five days after the adjourn- ment of said meeting the clerk of said district shall make out and forward to the state auditor an accurate account of the proceedings of said meeting, which shall include the number of votes cast for and against said resolution, together with a certi- fied copy of the notices posted calling said meeting, and if called upon a petition, he shall furnish a certified copy of such petition. He shall also furnish an accurate description of the land embraced in said district, and the amount of the bonded or 40 SCHOOL LAWS OF MINNESOTA. floating indebtedness. He shall also transmit a certified, state- ment of the county auditor, showing the last taxable valuation of real and personal property in said district. The above report shall be signed by at least one of the duly qualified district officers and be attested by the district clerk. {Id. § 2. ) 50. I iOans to Independent Districts.— Any independent school district or ‘‘board of education” of any town or city de siring to obtain a loan, shall substantially conform, as near as may be, to the requirements of section two (!" 49) of this act. {Id. § 3.) 5 1 . Board of Investment. — The board of investment created by chapter one of the general laws of one thousand eight hun- dred and eighty-five, shall meet at the state capitol on the first Monday of each month for the purpose of considering such applications as may have been made. The acceptance of appli- cations at each meeting shall be in the following order: First, common school districts; second, independent school districts; third, high school districts; fourth, counties. The said board shall have authority to require such additional information re- garding any application as may seem necessary, and to reject any application which from its terms of payment or otherwise may be deemed unsatisfactory, and shall also furnish such blanks as may be necessary for the purpose of carrying this act into effect. (Id. § 4. ) 52. Principal and Interest Due. — All principal and interest shall fall due on the first day of July of the properly designated year, and no principal or interest shall fall due until sufficient time shall elapse after making a loan for a tax to be levied and collected therefor. ( Id. § 5. ) 53. Application Accepted. — When any application for a loan shall be accepted, the proper officers of the county or school district shall execute and sign such bonds in such form as said board of investment shall determine, and in the presentation of such bonds to the state auditor he shall draw his warrant on the state treasurer for the amount payable from the permanent school fund, to the order of the treasurer of the proper county or school district. Said bonds shall be indorsed “Minnesota school fund bond,” transferable only on order of the governor, auditor, and state treasurer. He shall at once deposit such bonds with the state treasurer, taking his official receipt there- for, and no money shall be paid over by the state treasurer on account of such bonds until they shall be delivered to him as above provided. {Id. § 6.) 54. Application Approved by Attorney- General. — No ap- plication shall be formally accepted by said board until the reg- ularity of such application in conforming to the forms of law applicable thereto shall have been approved by the attorney- general. {Id. § 7.) 55. State Auditor Act as Secretary. — The state auditor shall act as secretary of the board, and shall make an accurate SCHOOL LAWS OF MINNESOTA. 41 record of all tjie proceedings in detail, a summary of which shall be reported to the legislature at its regular sessions. (Id. § 8.) 56. Hiring of Teachers, Etc. — The board of trustees, at a meeting called for that purpose, shall hire for and in the name of the district, such teachers only as have certificates of quali- fication, and make written contracts with such teachers speci- fying the wages per month and time employed as agreed upon by the parties, and file such contracts in the office of the clerk, but no contract shall be made with any teacher who is 56. This section applies to independent districts. — Clapp, July 15, 1887. Trustees may employ more than one teacher if district has funds, not- withstanding an adverse resolution voted by the district. — Wilson, p. 351. At a meeting of the board, called for that purpose, two members may engage a teacher, provided such teacher is not related by blood or mar- riage to any member of the board. — Clapp, Feb. 2, 1887. “Is the employment of a teacher by the treasurer and clerk of a school district, without any notice to the director, and without any meeting being held, legal? ” I answer that it is not. — Hahn, p. 536. It is the special business of the trustees to employ teachers. The voters of the district may, in their individual or collective capacity, advise the trustees as to their wishes, but cannot control their action. — Wilson, p. 351. A certificate of the high school board is not a license to teach. The holder of one must also have a certificate of qualification from the oeunty superintendent or board of examiners to entitle him to pay. — Hahn, Oct. 15, 1881. A contract made with a teacher who does not hold a certificate which is valid in the district where he is to be employed, is void, and a certifi- cate cannot be dated back to cover services rendered before it was granted. —Jenness vs. School District 31, Washington Co., 12 Minn. 448. When a teacher is employed to teach for a specified time and the school is interrupted necessarily, but by no fault of the teacher, who is always ready to fulfill the contract, the teacher, after the expiration of the time, may maintain an action against the district for the entire amount of wages. If, however, the district can show that during the whole or a por- tion of the time the teacher was engaged in similar employment, or was offered such employment and refused it, the damage may be reduced.— Cole, p. 87. If in the opinion of the trustees the services of more than one teacher are demanded by reason of the numbers in attendance at a district school, an additional teacher may be employed, the board keeping within the means provided by the district. — Wilson, p. 351. It will be seen that the hiring of a teacher, to be legal, must be done at a meeting of the board “called for that purpose,” of which every member must have had due notice. (See ^36.) A contract made between the teacher and the members of the board individually is not valid. The contract cannot extend beyond the validity or life of the certificate. A teacher desiring to engage longer than the time covered by his certifi- cate should either procure its renewal or a new one, showing that he is a qualified teacher during the whole period of his contract. — Cornell, p. 259. Hiring Teacher — Certificate. — The general statutes confer no power on a board of trustees to contract with or hire a teacher who has not procured the requisite certificate of qualification, and a contract entered into before such certificate is procured is void. — Jenness vs. District Ho. 31, Washington County, 12 Minn. 118. A contract made with a teacher before he has secured a certificate is void, and a subsequent issuance of a certificate will not make the same valid. This applies alike in common, independent and special districts. “Have school boards authority to engage teachers for the following year before the annual meeting? ” It matters not whether it is before the an- 42 SCHOOL LAWS OF MINNESOTA. related by blood or marriage to any member of the school board without the concurrence of all the members of the board of trustees, by vote duly entered on the clerk’s record of pro- ceedings. * * * * The trustees shall provide fuel for the schools of the district, if the voters of the district make no provision for fuel at their annual meeting; shall furnish all things necessary for the school house during the time a school shall be taught therein, which shall be at least five months in each school year, and such further time as the district by vote may direct. Every teacher shall procure a register for his school from the clerk of the district, keep a daily record of attendance, and of such other matters as may be required in such register, and receive all persons sent to him between the ages of five and tweniy-one years residing in the district, and such other persons as may attend school under any arrangement with the board of trustees. (1878, c. 36, § 31, as amended 1879, c. 17, § 2, and 1887, c. 41, § 1.) 57. School Month — Legal Holidays. — In every contract between any teacher and board of trustees, or board of educa- tion, a school month shall be construed and taken to be twenty days or four weeks of five school days each. And no teacjrer shall be required to teach school on Christmas day, the first day of January, the fourth of July, Memorial day, or the day appointed by the president of the United States or the gov- ernor of the state as a day of thanksgiving. And no deduc- tion from the teacher’s time or wages shall be made by reason of the fact that a school day happens to be one of the days re- ferred to in this section. And any contract made in violation of this section shall have no force or effect as against the teacher. (1887, c, 122, § 1. ) 58. Attendance.— In reckoning attendance, all scholars en- rolled shall be credited upon the days named in section one whenever they occur within the school term, the same as if school had been held and all had been present. (Id. § 2.) nual meeting and the election of the new member or not. The trustees may, either before or after the annual meeting and without express au- thority from the district, contract for the term required by law, and no more. — Hahn, p. 538; Start, p. 436; Cornell, p. 159. “Are trustees required by law to cause schools to be taught in the Eng- lish language?” The school laws prescribe those branches of study which are to be taught in our common schools. The languages are not included. That those branches are to be taught in the English language it requires no argument to prove. The government has yet to exist which will expend the contents of its treasury to the neglect of its own language in educating its citizens in the language of a foreign country whose insti- tutions and laws are at variance with its own. — Cole, p. 76. 57. The twenty-second of February, Memorial day, and general elec- tion day shall be observed as legal holidays, and no public business shail be transacted on that day.— (1891, c. 122.) The law fixing the length of a school week and month applies to all districts. Trustees and boards of education have no power to change the number of days fixed by this section as constituting the month. — Hahn, Dec. 22, 1886. SCHOOL LAWS OF MINNESOTA. 43 59. Pupils: Adult and Non-resident — Language Used — Expulsion. — The board of education and board of trustees shall have sole power to admit the attendance of persons over the age of twenty-one years, or non-residents of their districts, upon payment of such rates of tuition as may be determined by the board; and each member of the board shall visit the school at least once in each term, and give such advice to the teacher as may be for the benefit of the school. Provided , first, that in the schools of common school districts, the books used, and all instruction given, shall be in the English language; but teachers able to speak any other language that is the vernacular of any pupil, may use that language to aid in teaching the meaning of English words and may also give in- struction in such language not to exceed one hour in each day; but no such instruction shall be given unless the trustees of such district’have expressed themselves unanimously in favor thereof. Provided, second, that admission to any school organized under the provisions of this act, or any special school law of this state, sustained in whole or in part by state school funds, shall be gratuitous to the children of all actual residents in the dis- trict wherein such school is taught, between the ages of five and twenty-one years, and to all other persons between the same ages who may be in good faith living in said district. 59. The right to free tuition depends upon the residence of the pupil claiming it without regard to the residence of his parents. If a child comes into a district for the mere purpose of attending school, the board, in its discretion, may charge tuition, or exclude him altogether. On the other hand, a child who actually resides in a district is entitled to school privileges without charge. “ What are the relative powers and duties of trustees and teachers in reference to the discipline and management of schools?” For insubordination, immorality, or infectious disease, the board may expel any scholar, 59). It is 'made the duty of each member of the board (t 59), at least once in each term, to visit the schools, and give such advice to the teacher as may be for the benefit of the schools, and they are intrusted (f 36), with the general charge of the interests of .the schools and school houses in their districts, and are specially author- ized ( If 56 1 to employ teachers having the requisite certificate of quali- fication. These are the principal provisions bearing upon the question under consideration, and they seem to leave no doubt that with the single exception of the power of expulsion for the causes specified in the statute, the authority of the trustees over the interior nranagement of the schools is solely advisory in its character. The responsibility for the correct gov- ernment and discipline of the school, as well as the adoption of such methods of teaching as seem best calculated to promote the advancement of the scholars in their several branches -of study, rests solely with the teacher. Of course there ought and always will be a mutual interchange of views, and a cordial co-operation between teachers and trustees in all these matters, whenever a regard is had to the important interests in- trusted to their charge. The law prescribes what studies shall and what may be taught in our common schools, as well as the text books to be used; and in determining within this limit what particular study any pupil shall pursue, the teacher always ought to consult the wishes of its parent or guardian, and conform to them so far as practicable, having due regard to the present attainments and proficiency of the pupil, and the general interests of the school. — Cornell, p. 265, 44 SCHOOL LAWS OF MINNESOTA. Provided , third, that boards of trustees and boards of educa- tion may suspend or expel pupils for insubordination, immoral- ity, or infectious disease. (1878, c. 36, § 32, as amended 1881, c. 41, § 5. 6art of the same, for the use or benefit of the public schools therein, and succeed to all the rights and be subject to all the liabilities of the same; and the said board shall be caxiable of contracting and being contracted with, suing and being sued, and shall also be capable of receiving any gift, grant, bequest or devise made for the use of the public schools in said city, town, vil- lage, townshix^ or district under any law of this state for the use of the public schools therein, [and the same] shall be paid to the treasurer of said board of education. (1878, c. 36, § 98.) 144. Organization of Board. — Said board shall, within ten days after their election as aforesaid, and annually thereafter, on the first Saturday in August, meet and organize by choosing 144. The president of the board of education is ex officio president of dis- trict meetings. His failing to preside would not, however, affect the legal- ity of the proceedings. — Halm, March 25, 1886. A member of the board of education can only hold the office of school superintendent by virtue of the statute which makes him ex officio member but does not entitle him to vote. If a member of the board should accept the office of superintendent, it would result in creating a vacancy in the board. — Clapp, Dec. 14, 1888. 70 SCHOOL LAWS OF MINNESOTA. a president, clerk and treasurer, who shall hold their offices as such for one year, and until their successors are elected and qualified. The board of education may also elect, by ballot, a superintendent, who shall hold his office during the pleasure of the board, and shall receive such compensation as shall be fixed by the board. The superintendent shall be ex officio member of the board, but not entitled to vote therein. The board may, for satisfactory reasons, remove any member or officer of the board, and fill the vacancy; provided, that no member shall be removed except by a concurrent vote of at least four members of the board, and at a meeting of whose object, time and place he was duly notified. (Id. § 99, as amended 1885, c. 57, § 3. ) 145. Compensations. — No other member of said board shall receive any compensation for his services, except the clerk and treasurer, wdiose compensation shall be fixed by the board. (1878, c. 36, §100.) 146. Quorum. — Four members of said board shall constitute a quorum for the transaction of business, at any meeting. (Id. § 101.) 147. Vacancies. — Incase of vacancy, the board of educa- tion shall have power to fill the same by appointment, until the next annual district election, when the electors of said district may choose a suitable person to fill the remainder of such term;, provided , the clerk of said board shall give notice of such va- cancy as required in other cases. (Id. § 102‘. ) 1 48. Duties of Superintendent. — The superintendent shall visit the schools of the district, and report their condition to the board as often as they require. He shall superintend the grading of the schools, and examination for promotion, and shall perform such other duties as the board prescribe. He shall also make, to the state superintendent of public instruc- tion, such reports as may be required, through the county superintendent of schools or directly to the state department of education. (Id. § 103.) 149. Officers to File Acceptance. — The president and clerk shall file, in the office of the clerk of the district, their written acceptance of office, as such. The president shall preside at all meetings of the board and district — except that a president pro tempore may be chosen in his absence — shall sign all orders drawn upon the treasurer for moneys voted to be paid by said board, and perform such other duties as the board prescribe.. (Id, § 104. ) 150. Duties of Clerk. — The clerk shall act as clerk of the district as well as of the board,— except that in his absence, ina- bility or refusal to act, a clerk pro tempore may be chosen,— shall keep a record of the proceedings of all district meetings, as well the as of meetings of the board, and of all reports made by him to the county auditor and county superintendent, and shall keep an account of the expenses of said district, and a correct and full list of the property of said district; shall furnish to the county auditor, on or before the tenth day of October, in each SCHOOL LAWS OF MINNESOTA. 71 year, an attested copy of his record, stating the amount of money voted to be raised by the district for school purposes at any annual or special meeting, or by the board of education; he shall give due notice of all meetings of the district; shall, upon the order of the board, draw and sign orders upon the treasurer of the district for the payment of money, stating in every such order the consideration for which it was drawn, and the name of the person rendering such consideration, and the particular fund upon which it was drawn, and shall take a re- ceipt for every such order from the person to whom the same is delivered, and preserve the same; he shall keep all records, books and papers belonging to his office, and deliver the same to his successor. He shall, on or before the tenth day of August in each year, make and transmit to the county superintendent a report in writing, showing the amount of money apportioned to the district by the county auditor, and received from the county treasurer; specifying the amount from each source of revenue, the amount received from special taxes voted by the district, and from any other sources; the several amounts dis- bursed within the year, and the object for which each amount was expended; the value of school sites, and of school buildings, furniture and apparatus, and such other financial matters as may be required on the blanks furnished by the state depart- ment of public instruction. Said clerk shall perform such other duties as may be specified by the board of education. {Id. § 105, as amended , 1885. c. 57, § 4.) 151. Records to be Evidence. — The records of said board, signed by the president, or a transcript thereof, or any part thereof, and all papers belonging to the office, or a transcript thereof, certified by the clerk, shall be prima facie evidence of the facts therein stated, and all records, books and papers be- longing to said board shall be subject to the inspection of any legal voter of said district. (1878, c. 36, § 106.) 152. Rond of Treasurer — His Duties. — The treasurer, be- fore entering upon the duties of his office, shall execute a bond to the board of education, in double the amount of money, as nearly as can be ascertained, which will come into his hands as treasurer within the year, with not less than two sureties, to be approved by said board, and conditioned for the faithful You ask as to your liability as such treasurer, for public moneys stolen from you; ami as to the power of the board of education of your district to relieve you from your liability for such money. That you are abso- lutely liable for the money so stolen, 1 have no doubt. You are (Par. 152) required to give a bond for the faithful discharge of your duties as treas- urer. It is also made the duty of such treasurer to receive all moneys be- longing to the district, and pay out the same upon the order of the clerk and president, etc. These provisions of the statute clearly indicate a purpose on the part of the legislature to impose upon such officer an abso- lute and unqualified liability for money received by him in his official capacity. The board of education have no power to release you from your liability. Par. 156, School Laws, specifies the powers of such board, and there is nothing therein that will authorize that body to discharge, for the reasons stated, a lawful claim of the district. — Hahn, p. 501 . SCHOOL LAWS OF MINNESOTA. discharge of his duties as treasurer; said bond shall be filed with the clerk of the board, and in case of any breach in the conditions thereof, the board shall cause an action to be com- menced thereon, in the name of the board of education, and the money recovered shall be applied to the use of the district; said board may require such treasurer to give additional security, from time to time; said treasurer shall receive, and upon the order of the board, signed by the clerk and president, pay out all moneys belonging to the district, paying each order only out of the particular fund upon which it was drawn, and shall keep an accurate and detailed and separate account of each fund coming into his hands, in a book or books provided for that purpose; said treasurer shall, within three days pre- ceding the annual meeting in each year, file with the clerk of the board a report in writing, signed by him, and containing a statement of all the moneys received by him within the year preceding, and of all his disbursements; said report shall be examined by the board, before which the treasurer shall ex- hibit his vouchers before the annual meeting of the district, and be approved or disapproved by resolution, entered upon the records of said board. Said treasurer shall make such re- port of the business of his office as may be called for by the board at any time. He shall keep all records, books and papers belonging to his office, and deliver the same to his suc- cessor in office, upon demand. He shall pay to his successor in office, upon demand, after such successor has given bonds, as hereinbefore prescribed, all money in his hands belonging to said district, and perform such other duties as may be or- dered by the board. (Id. § 107.) 153. Meetiugs of Hoard, — Said board may hold stated meetings at such times and places, in said district, as they may appoint. Special meetings thereof may be called by the president, or by any two members, on giving one day’s notice of the time and place of the same, and said board, by resolu- tion, shall direct the payment of all moneys that shall be paid out of the treasury, and no money shall be paid except in pur- suance of such resolution, and on the written order of the clerk, countersigned by the president. (Id. § 108.) 154 School Houses. — Whenever said board deem it neces- sary to purchase or erect a school house or school houses for said district, or to purchase sites for the same, they shall call - a meeting of the legal voters of the district by giving ten days’ notice of the time and place and object of said meeting in some newspaper printed and in general circulation in said dis- trict; if there is no such newspaper, then by posting notices thereof in five or more of the most public places in said dis- trict, and said meeting may determine, by a majority vote upon the erection of a school house, or school houses, and the pur- chase of a site or sites therefor, and the amount of money to be raised for the purpose aforesaid. (Id. § 109.) SCHOOL LAWS OF MINNESOTA. 73 155. Tax for Buildings . — The amount of money so voted shall be thereupon certified by the chairman and secretary of the board of education to the auditor of the county, and shall be levied on the taxable property of said district; provided , that no tax shall be levied in any one year exceeding ten mills on the dollar, for the purpose of building a school house or school houses, or procuring sites therefor. (Id. § 110 and c. 11, §49.) 156. Duties of Board — The board of education shall have power and it shall be their duty: First. To establish and organize such grades of schools, alter and discontinue the same in said district as they may deem expedient. Second. To provide necessary rooms or buildings for school houses, and grounds about the same. Third. When authorized by a vote of the district to purchase or erect one or more school houses and purchase sites for the same. 156. “At a meeting of the legal voters, called by notice, to build a school-house on block 23, ‘yes’ received 28 out of 36 votes; to authorize board to select site,’ 6 votes. At the next meeting of the board, by a majority vote, the school-houSe was located on block 18. Is this legal?” The third subdivision provides that the board, “when authorized by a vote of the district, may purchase a site for a school-house.” This is equivalent to saying that without such authorization they have no power to so purchase. If the voters of the district may or may not, as they see lit, grant or withhold this power, it follows as a necessary sequence that they may attach such conditions and limitations to the exercise of the power so granted as they see tit; and if they authorized the board to pur- chase a given site, their power to purchase at all is necessarily limited to the one so designated. — Hahn, p. 503. You ask whether your board of education has a right to issue bonds to refund bonds falling due this year without a vote of the district. I do not think it has. No such authority is vested in your board, and without such positive power being given to it, it could not do so. Par. 39, School Laws, is the section under which you must act, if at all. — Hahn, p. 5^2. A certificate of the high school board is. of no value as a license to teach. It is one of the requirements of the board that principals of high schools working under its supervision shall hold such certificate. Boards of education of independent districts have no right to employ teachers who do not hold certificates of qualification. Teachers not holding certificates are not entitled to pay. In special districts it de- pends upon the charter of the district. — Hahn , Oct. 15, 1884. I do not think the board of directors of an independent school district, have the authority to make an appropriation for the purpose of a public library. Subdivision 4, par. 156, School Laws, is the only one which could be claimed as at all applicable. This is limited to “school apparatus, furniture, stoves and other appendages for school-houses.” None of these would cover a public library — Hahn , p. 501. In the absence of regulation on the subject under consideration, the pupil being required to declaim, and no selection having been made for him. it would necessarily follow that the pupil was expected to and had the right to select his own piece, subject to the liability of having another and different selection made for him by the teacher, under the authority and direction of the hoard. The right of the board of education to compel pupils is, in my mind, undoubted.— Hahn, p. 528. 74 SCHOOL LAWS OF MINNESOTA. Fourth. To purchase, sell and exchange school apparatus, furniture, stoves and other appendages for school houses, and to furnish fuel for the same. Fifth — To take care of the property of the district, and pro- cure insurance, and make ordinary repairs upon the same, or any part thereof, when deemed expedient. Sixth — To contract with, employ and pay teachers who have received certificates, as provided herein, and to discharge the same. Seventh — To defray the necessary expenses of the board, pay the compensation of the clerk, treasurer and superintendent, and for such printing, record books, stationery and other inci- dental matters as may be deemed proper. Eighth — To superintend and manage in all respects the schools of said district, and from time to time to adopt, alter, modify and repeal rules for their organization, government and instruc- tion, for the keeping of registers, for the reception of pupils, resident and non-resident within the district, their suspension, expulsion and transfer from one school to another, to prescribe text-books and a course of study for the schools, and to visit each school in the district not less than once in three months. Ninth — To make rules and regulations respecting the protec- tion, care and safe-keeping of the property of the district, and to prescribe penalties for the breach thereof, to be recovered as penalties in other cases before a justice of the peace, and to change and repeal the same. Tenth — To make, change and repeal rules relating to the or- ganization, government and business of said board and the duties of its officers. Eleventh — To provide for the prompt payment, at maturity, of the principal and interest of any indebtedness of the district by voting, from time to time, taxes upon the taxable property of said district sufficient to meet the same, making allowances for delinquency in paying any part of such taxes. Twelfth- To furnish to the board of examiners the necessary blanks for all such grades of such certificates as the board of education may at any time order, which certificates shall sever- ally contain the branches fixed for the several grades of certifi- cates. Thirteenth — When authorized by a vote of the district to make, execute and deliver, for and in behalf of said district, deeds, mortgages, releases and all other instruments relating to the real property thereof. (Id. § 111.) 157. Length of School. — Said board of education shall keep said schools in operation not less than twenty, nor more than forty-four weeks in each year, determine the amount of the an nual tax to be raised for the purpose aforesaid, including all 157. Independent districts are not limited to a tax levy of nine mills; the board of education determines the amount of tax necessary to keep the schools in operation. — Hahn. Nov. 17, 1884. SCHOOL LAWS OF MINNESOTA. 75 the necessary expenses of said schools, except for the erection of school houses and the purchase of sites, and on or before the tenth day of October of each year make known the amount of such tax to the auditor of the county in which said district is situated, which tax shall be assessed in said district, collected and paid over to the treasurer of said district, and said board shall keep an accurate account of their proceedings, and of their receipts and disbursements for school purposes, and at the annual meeting for choosing directors in said districts, make report of such receipts and the source from which the same were derived, and of the disbursments and the objects to which the same were applied; and they shall also make report at the same time of such other matters relating to said schools as they deem the interest of the same to require. (Id. § 112, as amended, 1887 c. 41, § 1. ) 158. School Examiners.— Said board of education, within twenty days after their election, shall appoint three compe- tent persons, citizens of said district, to serve as school ex- aminers of the public schools therein — one to serve one year, one for two years and one for three years from the time of their appointment and until their successors are appointed, and an- nually thereafter said board shall appoint one examiner to serve for three years, and until his successor is appointed and quali- fied; and said board shall fill all vacancies that may occur from death or otherwise. Said examiners or any two of them, shrill examine any persons that may apply for that purpose with the intention of becoming teachers in any of the schools cf said dis- trict, and if they find the applicant, in their opinion, qualified to teach in any of said schools, and to govern the same, and of good moral character, they shall give said applicant a certifi- cate made on such blanks* as may be provided by the board of education, naming the branches in wdiich the holder of said certificate is found qualified to teach, setting opposite each branch the degree of attainment on a scale of which five shall be the maximum, and no person shall be permitted to teach in said schools without such certificate. Provided, that any ex amination of teachers herein provided for may, at the request of the board of examiners, be made by the county superinten- dent of schools, whose certificate as herein jirovided for, when countersigned by said board of examiners, shall be valid, as their own act. Said examiners may, in all cases, when two of their members concur, have power to annul such certificates, and when so annulled and reported to the board of education. 158. It is one of the requirements of the high school board that high schools under its supervision shall employ principals who hold the cer- tificate of the board in order to entitle the schools to state aid. At the same time, to teach and draw money legally, principal and all other teachers must also hold certificates of the local examining board. See opinion. j[ 56. p. 41. ^Provided also by State Superintendent. 76 SCHOOL LAWS OF MINNESOTA. the person holding the same shall be discharged as teacher. Said examiners shall also, separately or otherwise, together with said board of education, or any of them, or such person as they may appoint or invite, visit said schools as often as once in every three months, and observe the discipline, mode of teaching, progress of pupils, and such other matters as they may deem of interest, and make such suggestions and report thereupon to said board, as they may think proper, which re- port may be published at the discretion of said board, together with their annual report. (1878, c. 36, § 113. ) 159. Taxes How Levied and Collected. — All taxes raised by virtue of this chapter shall be levied and collected in the same manner, and by the same officers as county taxes are levied and collected. (Id, § 114.) 1 60. General School Law Applicable. — Upon and after or- ganization as herein provided, any district so organizing or heretofore so organized, shall be governed by the provisions of this chapter, and by the general school laws, not inconsistent with the general provisions of this chapter. (Id. § 115.) 161. Organization Dissolved. — Any independent school district, organized under chapter thirty- six of the general stat- utes 1878. may dissolve its organization at any election held in such district in the same manner as nearly as may be as elec- tions are held under said chapter for the purpose of organizing such independent school districts provided , that such school dis- trict shall only be dissolved when two-thirds (f) of the legal voters voting at any such election shall cast their ballots in favor of dissolving the same. (1885, c. 170, § 1.) 162. Toting for Same. — At any election held for the pur- pose of dissolving any such school district the electors in favor thereof may deposit ballots worded thus. ‘ ‘ Dissolving inde- pendent school district — Yes,” and those opposed thereto may deposit ballots worded thus, “Dissolving independent school district — No.” (Id. §2.) TITLE VII. — Higher Education. 163. High School Board . — The governor, superintendent of public instruction, and the president of the University of Min- nesota, ex officio, are hereby constituted a board of commission- ers on preparatory schools for the encouragement of higher education in this state. This board shall be called the “ High School Board, ” and shall perform the duties and have and ex- ercise the powers hereinafter mentioned. (1881, c. 144, § 1.) 164. State Aid. Any public graded school in any city or incorporated village, or township organized into a district, un der the so-called township system, which school shall give preparatory instruction according to the terms and provisions of this act and shall admit students of either sex from any part of the state without charge for tuition, shall be entitled to re- ceive pecuniary aid as hereinafter specified. Provided, however SCHOOL LAWS OF MINNESOTA. ( t that no such school shall be required to admit non-resident pupils unless they shall pass an examination in all the branches prescribed by law as requisite to a third grade county certifi- cate. (Id. § 2. ) 165. Conditions of Receiving. — The said board shall re- quire of the schools applying for such pecuniary aid, as pre- requisite to receiving such aid. compliance with the following conditions, to wit: First — That there be regular and orderly courses of study, embracing all the branches prescribed as pre-requisite for ad- mission to the collegiate department of the University of Min- nesota. Second — That the said schools receiving pecuniary aid under this act shall at all times permit the said board of commission- ers, or any of them, to visit and examine the classes pursuing the said preparatory courses. (Id. § 3. ) 1-66. Visitations of Schools. — The said board of commis sioners shall cause each school receiving aid under this act to be visited at least once in each school year by a committee of one or more members, who shall carefully inspect the instruc- tion and discipline of the preparatory classes, and make a written report on the same immediately. Provided , that the said board may, in their discretion, appoint in any case competent persons to visit and inspect any schools, and to make report thereon, and no money shall be paid in any case until after such report shall have been received and examined by the board and the work of the school approved by vote of the board. ( Id. §4.) 167. Applications for Aid.- -The said board shall receive applications from such schools for aid as herein provided, which applications shall be received and acted upon in the order of their reception. The said board shall apportion to each of said schools which shall have fully complied with the provisions of this act. and whose application shall have been approved by the board, the sum of four hundred dollars ( $400) in each year. (Id. § 5.) 1 68. Expenses of Board. — The members of said board shall serve without compensation, but the actual and necessary ex- penses of the board and of any examiner appointed by them. 164. School boards, acting under the law for the encouragement of higher education, can not charge non-resident pupils tuition. — Hahn p. 531. This section indicates the grade of scholarship required to entitle a non- resident to free tuition. The examination is to be made by the superin- tendent of the high school. If a person is entitled to free tuition he should be graded in the school according to his scholarship, whether it be in the high school or in a grade below. 167. This fund must be faithfully expended in improving the facilities for instruction in the high schools, with a view to a complete equipment in teachers, library and apparatus, both chemical and philosophical. It should be kept separate and report made at the close of the year to the secretary of the high school board. 78 SCHOOL LAWS OF MINNESOTA. shall be paid in the same manner as those of state officers. (Id, § 6.) 169. Powers of Board. — The said board shall have power to establish any necessary and suitable rules and regulations relat- ing to examinations, reports, acceptance of schools, courses of studies, and other proceedings under this act. (Id., § 7.) 170. Records. — The said board shall keep a careful record of all their proceedings, and shall make on or before the first day of September in each year a report covering the previous school year to the superintendent of public instruction, showing in detail all receipts and disbursements, the names and number of schools receiving aid, and the number of pupils attending the classes in each, to which report they may add such recom- mendations as they may deem useful and proper. (Id. § 8. ) 171. Powers of Board. — The high school board shall have full discretionary power to consider and act upon applications of schools for state aid, and to prescribe the conditions upon which said aid shall be granted, and it shall be its duty to ac- cept and aid such schools only as will in its opinion, if aided, efficiently perform the service contemplated by law, but not more than five schools shall be aided in each county in any one year. Any school once accepted and continuing to comply with the law and the regulations of the board, made in pur- suance thereof, shall be aided not less than three years. (1881, Ex. Sess. , c. 61 § 1, as amended 1883, c. 40, § 1.) 172. Compensation of Examiner.— Any assistant examiner appointed oy the high school board, as authorized by law, shall be entitled to receive such compensation as the board may al- low, not exceeding three dollars a day or fifty cents an hour. Provided, that no such compensation shall be paid to any person receiving a salary from any state institution. (1881, Ex. Sess., e 61, §2.) TITLE VIII. — State Normal Schools. 173. How Named. — The normal schools heretofore estab- lished to educate and prepare teachers for the common schools of this state shall hereafter be designated and known as the state normal school at Winona, the state normal school at Man- kato, and the state normal school at St. Cloud, respectively. (1878, c. 36, § 129.) 174. At Moorhead. — There shall be established, under the direction and supervision of the state normal school board, at the city of Moorhead a normal school, to be known as the state normal school at Moorhead; provided, said city shall donate to the state a suitable tract of not less than six acres of land, to be approved by the normal school board, for the location, use and benefit of said school within eighteen months from the pas- sage of this act; provided, farther, that no money shall be ap- propriated for the erection of buildings for said school until the year 1887. (1885, c. 158, § 1.) SCHOOL LAWS OF MINNESOTA. 79 175. State Normal Board of Directors. — The governor of this state shall, on or before the first Friday in March, 1873, nominate and appoint, by and with the advice and consent of the senate, six normal school directors, not more than one of whom shall be resident of the same county, who, together with the state superintendent of public instruction, shall constitute the state normal school board. Three of the directors so ap- pointed shall hold their offices for two years, and the remain- ing three for four years, from the first day of June, 1873. The terms of office of each director so appointed shall be designated by the governor. On the last Tuesday in February, 1875, and biennially thereafter, the governor, by and with the advice and consent of the senate, shall appoint three directors to fill the vacancies occurring under the provisions of this act, and each of whom shall hold his office for four years from the first day of June next succeeding his appointment. The governor shall also, by and with the advice and consent of the senate, fill all vacancies that may arise by reason of death, resignation or otherwise; provided , that one member of said board, and no more, shall be appointed from each of the counties of Winona, Blue Earth and Stearns. (1878, c. 36, § 130. ) 176. Additional Members. — The governor shall, on or be- fore the first day of May, 1889, appoint two members of the state normal school board, in addition to those already provided by law, whose terms of office shall expire January 1, 1891, and January 1, 1893, respectively, and that said board shall, from said appointments, consist of eight* instead of six members. (1889, c, 268. § 1. ) 177. Officers of. — The officers of the state normal school board shall be a president and secretary. The annual meeting of the board shall be held on the first Tuesday of June of each year. The members of the board at their annual meeting in the year one thousand eight hundred and eighty- three (1883) and biennially thereafter shall elect by ballot from their number a president. The state superintendent of public instruction shall be secretary of the board. Whenever, from any cause, a vacancy shall exist in the office of president of the board, and said board shall not be in session at an annual meeting thereof, the governor may appoint one of the directors to be president of the board, who shall hold his office till the next annual meet- ing of the board, and until a president thereof shall be duly elected and shall enter upon the duties of his office. (1878 c. 36, § 131. as amended 1883, c. 12, § 1.) 17 8. To Qualify . — Each member of the state normal school board, before entering upon the duties of his office, shall file with the secretary of state an oath to support the constitution of the United States, and of the State of Minnesota, and that he will well and faithfully discharge the duties of his office. (1878, c. 36, § 132. ) 17 9. Powers of.— The state normal school board shall have the general supervision, management and control of the state *Nine members including the State Superintendent. 80 SCHOOL LAWS OF MINNESOTA. normal schools, and of all the property, real and personal, there- unto appertaining. They are hereby authorized and empowered to contract for the erection of all buildings connected with the schools under their chai’ge, to appoint all professors and teach- ers in said schools, to fix the salaries of same; but in no case shall the salary of any principal exceed twenty-five hundred. (2,500) dollars per annum. (Id. § 133, as amended 1885, c. 95, §!■) 180. Dut ies of.— The state normal school board shall pre- scribe the courses of study in the normal schools, the conditions of admission, and prepare and confer suitable diplomas upon persons completing the full course of study in the normal de- partment. Such board shall adopt any rules and regulations deemed necessary to the highest efficiency of the schools. It shall be the duty of the board, as a whole, or through commit- tee of their own number, to visit and thoroughly inpect the grounds, buildings, modes of instruction, and the discipline and management of each school, at least once during each term. They shall report to the governor, on or before the first day of December in each year, through their president, the condition of each school, its receipts and disbursements, its wants and prospects, together with such recommendations for its improve- ment as they may deem proper and necessary. (1878, c. 36, §134.) 181. Report of Principal . The principal of each normal school shall annually make a written report to the state super- intendent of public instruction, on or before the first day of September, covering the calendar or term year of his school. Such report shall set forth the general statistics of the school, its enrollment in each department, and in each class of the nor- mal department, the average attendance, the number graduating within the year, the number of teachers, and the departments of each, together with an account of the general condition of the library, apparatus and buildings, which report may contain such suggestions as the principal may deem of interest to the public, and conducive of the welfare of his school; and also a statement of the total number of graduates of such school, who are then engaged in teaching, so far as may be known, with their names, and the name of the district and county in which they are teaching. (Id. § 135.) 182. Model Schools.— The state normal school board shall have power to organize, in connection with each normal school, such model schools as they may deem expedient, for the illus- tration of the best methods of teaching and government; pro- vided, that no more than one teacher shall be employed in either of the model schools, except at the school at Winona, where, so long as provision is made in the normal school for the educa- tion of soldiers’ orphans, the board may employ one additional teacher in its discretion. (Id, § 136.) 183. Tuition. — There shall be no charge for tuition or for incidental expenses, to the students of any normal school who SCHOOL LAWS OF MINNESOTA. 81 shall have filed with the principal thereof a declaration of inten- tion to engage in the work of teaching in the public schools of this state for not less than two (2) years after his or her con- nection with said school shall cease. The board may fix such rates of tuition for pupils in the model schools and for students not intending to teach, as in their judgment may be equitable and just. (Id. § 137, as amended 1881, c. 41, § 11.) 184. Treasurer — Bond. — The member of the board residing at the location of each normal school, respectively, shall receive and disburse, under the direction of the board, all moneys ac- cruing in any manner to such school, and shall keep a full and accurate account of such receipts and disbursements, including the receipts from tuition in the model schools, and shall report the same to the board whenever they shall so direct. He shall give a bond, payable to the State of Minnesota, in such sum as the board shall direct, with one or more sureties, to be approved by them, for the faithful performance of the duties mentioned in this section. fl878, c. 36, § 138.) 185. Board Bepaid Expenses. — The members of the state normal school board, except the superintendent of public in- struction, shall be reimbursed for the actual expenses incurred by them while engaged in duty for the normal schools; said ex penses to be paid out of the current fund belonging to the sev- eral schools. (Id. § 139.) 186. Treasurer’s Salary — In addition to the actual ex- penses now allowed the members of said board, the treasurer of each one of the normal schools of Minnesota shall have annu- ally a sum not to exceed three hundred (300) dollars, to be allowed by said board for his services and expenses for book- keeping and other necessary expenditures incident to keeping the accounts of his school. (1889, c. 268, § 2.) That the sums thus allowed the treasurer shall be paid by their respective schools, out of their annual appropriations, as other items of current expenses are paid. (Id. § 3. ) 187. Warrants — Howl) rawn. — All warrants upon the state auditor for defraying the expenses of the state normal schools shall be drawn ( subject to the uniform accounting law.) (1876, c. 36, § 140; 1889, c. 268, § 1.) 188. Boaid not to Exceed Appropriations.— It is hereby made the duty of the state normal board to limit the number of teachers, and their compensation, and all other annual expenses thereof, to the amount appropriated by the legislature for that purpose; and all expenditures made by said board, in excess of the sum so appropriated, are hereby declared to be unlawful and void, and shall be deemed a malfeasance on the part of said board, for which the members thereof can be removed from ofiice by the governor. (1878, c. 36, § 142. ) 189. Teacher for Teachers’ Institutes. — The state nor- mal school board shall appoint one teacher f<3r each normal school especially qualified to give instruction in teachers’ insti- S-6 82 ■SCHOOL LAWS OP MINNESOTA. tutes. The salary of such teacher to be paid out of the money appropriated by section one of this act, (Id. § 147, as amended 1881, c. 190 § 1.) 190. Accounting Officers of University and Normal Schools. — The accounting officers * * * * of the state uni- versity and the several state normal schools, shall make monthly duplicate pay rolls and expense lists, showing the name of each person rendering service or furnishing supplies, the nature of the service and at what rate rendered, the quantity and the kind of supplies furnished, and the amount to which each person is entitled; said rolls and lists shall be certified to as correct by the accounting officer and one member of supervising board of each institution, and the said accounting officer shall on or be- fore the first ( 1st) day of each month, or within (5) days there- after, forward one ( 1) of said pay rolls and expense lists to the state auditor. (1885, c. 294, § 3.) 191. Pay Rolls and Expense Lists. — Upon receipt of such certified rolls and expense lists, the state auditor shall examine and approve, or reject all or any items included in thesame, and within five ( 5 ) days after the receipt of said rolls and lists draw warrants for the amounts found due thereon, and forward the same to each institution; provided, that five per cent, additional may be allowed each institution for contingent expenses, which shall be properly accounted for on the next monthly state- ment. * * * (Id. § 4. ) 192. Accounts in Duplicate. — All bills, or accounts against the said state institutions shall be made out and receipted in duplicate, and on forwarding the pay rolls and expense lists for each month, the said accounting officer shall also forward one ( 1 ) set of such bills and vouchers for the preceding month, and shall be compared by the state auditor with the proper pay rolls and lists, and filed in his office and preserved for public inspec- tion. (Id, § 5.) TITLE IX. — University of Minnesota. 1911. Object of University. — The object of the University of Minnesota, established by the constitution, at or near the Falls of St. Anthony, shall be to provide the means of acquir- ing a thorough knowledge of the various branches of literature, science and the arts, and such branches of learning as are re- lated to agriculture and the mechanic arts, moulding military tactics and other scientific and classical studies. (1878, c. 37, §1.) 1 94. Organization. — There shall be established in the Uni- versity of Minnesota five or more colleges or departments, that is to say, a department of elementary instruction, a col- lege of science, literature and the arts, a college of agriculture including military tactics, a college of the mechanic arts, a col- lege or department of law, and also a college or department of medicine. The department of elementary instruction may be SCHOOL LAWS OF MINNESOTA. 83 dispensed with at such rate and in such wfise as may seem just and proper to the board of regents. (Id. § 2. ) 1 95. Board of Regents. — The government of the university shall be vested in a board of twelve regents, of which the gov- ernor of the state, the state superintendent of public instruction and the president of the university shall be members ex officio, and the nine remaining members thereof shall be appointed by the governor, by and with the advice and consent of the sen- ate. Whenever a vacancy therein occurs for any cause, the same shall be filled for the unexpired term in the same manner. After the expiration of the term of the members of the present board of regents, their successors shall be appointed in like manner, and shall hold their office for the full term of six years from the first Wednesday of March succeeding their appoint- ments, and until their successors are appointed and cpialified. The president of the university shall be ex. officio the corre- sponding secretary of the board of regents. ( Id. § 3, as amended 1889, c. 266, § 1.) 196. Regents a Body Corporate. — The regents of the uni- versity shall constitute a body corporate under the name and style of “University of Minnesota;’- and by that name may sue and be sued, contract and be contracted with, make and use a common seal, and alter the same at pleasure. A majority of voting members shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. (1878, c. 37, § 4. ) 197. Officers.— The board of regents shall elect from the members of the board a president of the board. They shall also elect a recording secretary and a treasurer, who may or may not be members of the board. All of said officers shall hold their respective offices during the pleasure of the board. And the president and treasurer, each shall before entering upon the du- ties of his office, execute a bond in the penal sum of fifty thousand dollars ($50,000), with at least two sufficient sureties, to the State of Minnesota, to be approved by the governor, condi- tioned for the faithful and honest performance of the duties of his office according to law, which bonds, wThen so approved, shall be filed in the office of the secretary of state. (Id. § 5, as amended 1889, c. 266, § 5.) 198. Powers. — The board of regents shall have power, and it shall be their duty, to enact by-laws lor the government of the University of Minnesota in all its departments, to elect a presi- dent of the university, and, in their discretion, a vice president, and the requisite number of professors, instructors, officers and employes, and to fix their salaries; also the term of office of each; and to determine the moral and educational qualifications of applicants for admission; and in the department of professors, instructors, and other officers and assistants of the university, and in prescribing the studies and exercises thereof, and in all the management and government thereof no partiality or preference shall be shown to one sect or religious denomina- 84 SCHOOL LAWS OF MINNESOTA. tion over another, nor shall anything sectarian be taught there- in, and the board of regents shall have power to regulate the course of instruction, and prescribe the books and authorities to be used, and also to confer such degrees and grant such diplomas as are usual in universities, in their discretion. It shall be the duty of the recording secretary to record all the proceedings of the board, and carefully preserve all its books and papers, and. before entering upon the duties of his office, he shall take and subscribe an oath to perform his duties hon- estly and faithfully as such officer. It shall be the duty of the treasurer to keep an exact and faithful account of all moneys, bills receivable and evidences of indebtedness, and all securi- ties and property, received or paid out by him, and, before entering upon his duties, he shall take and subscribe an oath that he will well and faithfully perform the duties of treasurer thereof. It shall be the duty of the president to preside at the meetings of the board, and in case of his inability to preside, the board may appoint a president pro tempore. (1878, c: 37, § 6.) 199. Scandin avian.— There is hereby established a profes- sorship of Scandinavian language and literature in the state university, with the same salary as is paid in said university to other professors of the same grade. (1883, c. 140, § 1.) 200. Professor of Scandinavian Language.— It shall be the duty of the board of regents of the state university, as soon as practicable after the passage of this act, to appoint to said professorship some person learned in the Scandinavian language and literature, and at the same time skilled [in] and capable of teaching the dead languages, so called. (Id. § 2. ) 201. Payments to Board.— In addition to all the rights, im munities. franchises and endowments heretofore granted or conferred to or upon the University of Minnesota for the en- dowment, support and maintenance thereof, there shall be and is hereby inviolably appropriated and placed at the disposal of the board of regents thereof, to be drawn from the state treas- ury upon the order of the president, drawn upon the state au- ditor, countersigned by the secretary of the board, and paya- ble to the order of the treasurer of the board, all the interest and income of the fund to be derived from the sale of all the lands granted and to be granted to the State of Minnesota, by virtue of an act of Congress, entitled “An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,” approved July 2, A. D. 1862; and also all such gifts, grants and contri- butions to the endowment thereof as may be derived from any and all sources. (1878, c. 37, § 7. ) 202. Mee'ings. — The first meeting of the board of regents, under the provisions of this act, shall be h olden at the univer- sity building, on the first Wednesday of March, 1868, at which meeting the officers of the board shall be elected; and the annual meetings of the board shall be holden on the second SCHOOL LAWS OF MINNESOTA. 85 Tuesday of December, in each and every year thereafter. Spe- cial meetings of the board shall be called and holden at such times and in such manner as the board of regents shall deter- mine. (Id. § 8. ) 203. Endowments. — Any person or persons contributing a sum of not less than fifteen thousand dollars shall have the privilege of endowing a professorship in the university, the name and object of which shall be designated by the board of regents. (Id. § 9. ) 204. Boartl of 1868. — The said board of regents shall suc- ceed to and have control of the books, records, buildings and all other property of the university; and the present board of regents shall be dissolved immediately upon the organization of the board herein provided for; provided, that all contracts made and at that time binding upon the board then dissolved, shall be assumed and discharged by their successors in office. (Id, § 10.) 205. Lands for Experimental Farm. — It shall be the duty of the board of regents herein provided for, to make arrange ments for securing suitable lands, pursuant to the act of Con- gress above mentioned, in the vicinity of the university, for an experimental farm; and. as soon as may be thereafter, to make such improvements thereon as will render the same available for experimental purposes in connection with the course in the agricultural college; and for such purpose the board of regents is hereby authorized to expend a sum not exceeding the amount specified in the act of congress aforesaid. (Id. § 11.) 206. Report of Regents. — On or before the second Tuesday of December in each and every year, the board of regents, through their president, shall make a report to the governor, showing in detail the progress and condition of the university during the previous university year — the wants of the institu- tion in all its various departments - the nature, costs and results of all improvements, experiments and investigation — the num- ber of professors and students — the amounts of money received and disbursed — and such other matter, including industrial and economical statistics, as they may deem important or useful. One copy of the said report shall be transmitted to each of the other colleges which shall be endowed under the provisions of said act of the congress, and one copy to the secretary of the interior. (Id. § 12.) 267 . Duties of President. — The president of the university shall be the president of the general faculty and of the special faculties of the several departments or colleges, and the execu- tive head of the institution in all its departments. As such of- ficer, he shall have authority, subject to the board of regents, to [give] general direction to the practical affairs and scientific investigations of the university, and in the recess of the board of regents to remove any employe or subordinate officer not a member of the faculty, and supply, for the time being, any vacancies thus created. He shall perform the customary duties 86 SCHOOL LAWS OF MINNESOTA. of a corresponding secretary, and may be charged with the duties of one of the professorships. He shall make to the superintendent of public instruction, on or before the second Tuesday in December in each and every year, a report, showing in detail the progress and condition of the university during the previous university year — the number of professors and students in the several departments — and such other matters relating to the proper educational work of the institution as he shall deem useful. It shall also be the duty of the president of the university to make to the board of regents, on or before the second Tuesday in December in each and every year, a re- port, showing in detail the progress and condition of the uni- versity during the previous university year, the nature and re- sults of all important experiments and investigations, and such other matters, including economical and industrial facts and statistics, as he shall deem useful. (Id. § 13.) 208. Sale of Liquor Prohibited. — It shall be unlawful for any person to sell or dispose of any spirituous, vinous or malt liquors within a distance of one mile of the main building of the University of Minnesota, as now located in the city of Min- neapolis. Provided, that the provisions of this section shall not apply to that part of the city of Minneapolis lying on the west side of the Mississippi river. (Id. § II, as amended, 1883, c. 71, §!•) 2(H). Any person violating the provisions of the foregoing section, shall, upon conviction, be fined not less than fifty nor more than one hundred dollars for every such offense, or shall be imprisoned in the county jail of the county of Hennepin for a period of not less than two nor more than twelve months. (1878, c. 37, § 15.) 210. Geological Survey. — It shall be the duty of the board of regents of the University of Minnesota to cause to be begun as soon as may be practicable, and to carry on a thorough geolog- ical and natural history survey of the state. (Id. § 17.) 211. The geological survey shall be carried on with a view to a complete account of the mineral kingdom as represented in the state, including the number, order, dip and magnitude of the several geological strata, their richness in ores, corals, clays, peats, salines and mineral waters, marls, cement, build- ing stones and other useful materials, the value of said sub- stances for economical purposes and their accessibility; also an accurate chemical analysis of the various rocks, soils, ores, clay, peats, marls and other mineral substances, of which com- plete and exact records shall be made. (Id. § 18.) 212. Natural History Survey. — The natural history sur- vey shall include, first, an examination of the vegetable pro- ductions of the state, embracing all trees, shrubs, herbs and grasses native or naturalized in the state; second, a complete and scientific account of the animal kingdoms as properly re- presented in ihe state, including all mammalia, fishes, reptiles, birds and insects. (Id. § 19. ) SCHOOL LAWS OF MINNESOTA. 87 213. Manner of Surveys.— The said surveys and examina- tions shall be made in the manner and order following: First, the geological survey proper, together with the necessary and implied mineralogical investigations, all of which shall be un- dertaken so soon as may be practicable, and be carried forward with such expedition as may be consistent with economy and thoroughness; second, the botanical examinations; third, zoological investigations; provided , however, that whenever the said board of regents may find it most economical to prosecute different portions of the surveys in conjunction, or that the public interest demands it, they may, in their discretion, depart from the above described order. And in the employment of assistants in the said surveys the said board of regents shall at all times give the preference to the students and graduates of the University of Minnesota, provided the same be well quali- fied for the duties. (Id. § 20. ) 2 1 4. Meteorological Statistics. — Tne said boai'd of regents shall also cause to be collected and tabulated such meteor- ological statistics as may be needed to account for the varie- ties of climate in the different parts of the state; also to cause to be ascertained [by] barometrical observation or other appro- priate means the relation, elevations and depressions of t^e different parts of the state; and also on or before the completion of the said surveys, to cause to be compiled from such actual surveys and measurements as may be necessary, an accurate map of the state, which map when approved by the governor shall be the official map of the state. (Id. § 21.) 215. Specimens. — It shall be the duty of the said board of regents tocause proper specimens, skillfully prepared, secured and labeled of all rocks, soils, ores, coals, fossils, cements, build- ing stones, plants, woods, skins and skeletons of animals, birds, insects and fishes and other mineral, vegetable and animal sub- stances and organisms discovered or examined in the course of said surveys, to be preserved for public inspection free of cost in the University of Minnesota, in rooms convenient of access and properly warmed, lighted, ventilated and furnished, and in charge of a proper scientific curator; and they shall also, whenever the same may be practicable, cause duplicates in reasonable numbers and quantities as the above named speci- mens, to be collected and preserved for the purpose of ex- changes with other state universities and scientific institutions, of which latter the Smithsonian Institution at Washington shall have the preference. (Id. § 22.) 216. (Geological Map.— The said board of regents shall cause a geological map of the state to be made, as soon as may be practicable, upon which, by colors and other appropriate means and devices, the various geological formations shall be represented. (Id. § 23.) 217. Report of Survey. — It shall be the duty of the said board of regents, through their president, to make, on or be- fore the second Tuesday in December in each and every year, 88 SCHOOL LAWS Of MINNESOTA. a report showing the progress of the said surveys, accompanied by such maps, drawings and specifications as may be necessary and proper to exemplify the same, to the governor, and shall lay the same before the legislature; and the said board of re- gents, upon the completion of any separate portion of the said surveys, to cause to be prepared a memoir or final report, which shall embody in a convenient manner all useful and important information accumulated in the course of the investigation of the particular department or portion, which report or memoir shall likewise be communicated through the governor to the legislature. (Id. § 24.) 218. State Sait Lands. — The state lands known as “state salt lands,” donated by the general government to aid in the development of the brines in the State of Minnesota, shall be transferred to the custody and control of the board of regents of the University of Minnesota. By said board of regents, these lands may be sold in such manner, or in such amounts, consist- ent with the laws of the State of Minnesota, as they may see fit. the proceeds thereof being held in trust by them, and only disbursed in accordance with the law ordering a geological and natural history survey of the state. (Id. § 26. ) I 9. Survey of. — It shall be the duty of the said board of regents, as soon as practicable, to cause a full and scientific in- vestigation and report on the salt springs of the state, with a view to the early development of such brine deposits as may exist in the state. (Id. § 27.) 2 20. Feat Deposits. — The board of regents of the Univer- sity of Minnesota shall cause the immediate survey and investi- gation of the peat deposits of the State of Minnesota, accom- panied by such tests and chemical examinations as may be necessary to show their economical value, and their usefulness for the purposes of common fuel, a full report thereon to be presented to the legislature as soon as practicable. (Id. § 28.) 221. Specimens to Normal Schools. It shall be the duty of the board of regents of the University of Minnesota to cause duplicate geological specimens to be collected, and to furnish to each of the three normal schools, suites of such specimens after the university collection has become complete. (Id. § 30, ) 222. Report. — When the geological and natural history sur- vey of the state shall have been completed, the final report on the same by the said board of regents shall give a full state- ment of the sales of the salt lands hereby given into the custody and control of the board of regents of the University of Min- nesota, together with the amount of moneys received there- from, and of the balance, if any, left in the hands of the said board of regents. (Id. § 31.) TITLE X.— Moral Science, and Physiology and Hygiene. 223. Instruction in Moral and Social Science.— All school officers in the state may introduce as part of daily exercises of each school in their jurisdiction, instruction in the elements of social and moral science, including industry, order, economy, SCHOOL LAWS OF MINNESOTA. 89 punctuality, patience, self-denial, health, purity, temperance, cleanliness, honesty, truth, justice, politeness, peace, fidelity, philanthropy, patriotism, self respect, hope, perseverance, cheerfulness, courage, self-reliance, gratitude, pity, mercy, kindness, conscience, reflection, and the will. (1881, c. 150, § 1. ) 224. Lessons in. — It may be the duty of the teachers to give a short oral lesson every day upon one of the topics mentioned in section one (If 228) of this act, and to require the pupils to furnish illustrations of the same ujion the following morning. (Id. § 2.) 225. Emulation may be cherished between pupils in accu- mulating facts in regard to the noble traits possible, and in illustrating them by daily conduct. (Id. § 3.) 226. In Physiology and Hygiene.— It shall be the duty of the boards of education, and trustees in charge of schools and educational institutions supported in whole or in part by public funds, to make provision for systematic and regular instruc- tion in physiology and hygiene, including special reference to the effects of stimulants and narcotics upon the human system. (1887, c. 123, § 1.) 227. Teachers to be Examined and Give Instruction In. — It shall be the duty of all teachers in public schools of the state to give systematic and regular in- struction in physiology and hygiene, including special reference to the effects of stimulants and narcotics upon the human sys- tem; and any neglect or refusal on the part of such teachers to provide instruction as aforesaid shall be deemed sufficient cause for annulling his or her certificate by the county superintend- ent or other competent officer. No certificate shall be granted any person to teach in the public schools of this state * * * who has not passed a satisfactory examination in physiology and hygiene; with special reference to the effects of stimulants and narcotics upon the human system. (Id. § 2 and 3.) 228. Duty of County Superintendent. It shall be the duty of the county superintendent of schools to report to the super- intendent of public instruction any failure or neglect on the part of any board of education or trustees of a school or insti tqtion receiving aid in whole or in part from the state, to make provision for the instruction aforesaid, and such failure or neg- lect being satisfactorily proven by the county superintendent or by other persons, it shall be sufficient warrant upon which the superintendent of public instruction may withhold the apportionment of the current school fund from such district; provided, that not more than one-fourth of said apportionment shall be withheld upon the first offense, one-third upon the sec- ond, and one-half upon any subsequent offense. (Id. § 4. ) 229. Text Hook. — The siq:>erintendent of public instruction and the presidents of the normal schools of this state are direct- ed to recommend some suitable text- book, and to furnish the same at cost to the several school districts of this state, for the study of physiology and hygiene, with special reference to the effects of stimulants and narcotics upon the human system. (Id. § 5.) 90 SCHOOL LAWS OF MINNESOTA. TITLE XI — School Books. 230. Contract with D. D. Merrill. — The govenor, secretary of state ancl attorney-general are hereby authorized and di- rected, on behalf of the State of Minnesota, to immediately enter into a contract with Daniel D. Merrill, of St. Paul, Minnesota, upon his giving bond as hereinafter provided, for the faithful performance of such contract, to furnish to the State of Minnesota in such quantities and in the manner hereinafter provided, for the term of fifteen years, suitable text-books for use in the public schools of this state, in the following branches of study: Spelling, one book; reading, four books; arithmetic, three books; grammar, two books; geography, two books, history, one book, and such other books as may' be required by the state superintendent of public instruction. The said Merrill, shall, at the time of the making of such contract, exe- cute and deliver to the governor a bond in the penal sum of $25,000, with at least two sufficient sureties, to be approved by the governor, running to the State of Minnesota, and condi- tioned for the faithful performance, by the said Merrill, his personal representatives or assigns, of all and singular the terms of such contract on his part to be observed. In case said ’Merrill, his personal representatives or assigns, shall at any time fail to fulfill any of the terms of said contract on his part to be observed, the entire penal sum thereof shall at once become due and owing to the state, and it shall be the duty of the governor to cause suit to be instituted in the name of the state, to enforce the liability on such bond, of the principal and sureties thereon. (1878, c. 36, § 156.) 231. List of Books. — It shall be the duty of the county superintendent of schools of each county to ascertain the num- ber and kinds of books unsold in the hands of the district clerks and agents of districts, and the agents appointed under this act, and of the number and kind in addition thereto, needed in the school districts of the county, and make a requisition for the total number of each kind of the books provided for in the preceding sections, together with such others as may be from 230. Validity of Text-Book Act— Chap. 74, Laws of 1877, providing for cheap and uniform text-books for public schools, is constitutional and valid. — Curryervs. Merrill , 25 Minn. p. 1. Establishment of Public Schools.— In the absence of any constitutional prohibition, the whole matter of the establishment of public schools, the course of instruction to be pursued therein, how they shall be supported, upon what terms and conditions people shall be permitted to participate in the benefits they afford— in fine, all matters pretaining to their gov- ernment and administration,— come clearly within the range of proper legislative authority — Curryer vs. Merrill , 25 Minn. p. 1. Text-Book Act.— Chap. 75, Laws of 1877, providing for “ Uniform and Cheap Text-Books for the Public Schools,” is not repealed by chap. 74, Laws of 1877, except so far as the same is affected by subdivision 8, sec. 18, subdivision 7, of said chap. 74, giving boards of education of indepen- dent school districts power to prescribe text-books, etc .—Curryer vs. Merrill, 25 Minn.p. 1. SCHOOL LAWS OF MINNESOTA. 91 time to time required of the contractor, and added to the state list by the state superintendent of public instruction, which will be needed to fully supply all the schools with text books, and all the scholars in all the schools in said county for one year, and forward the same to the state superintendent of pub- lic instruction on or before the first day of June in each and every year, and he shall file a duplicate or copy of the same wfith the county auditor cf his county. Whenever there is a deficiency of books of any kind in any agency so established, the county superintendent shall make a like requisition to supply the same, and if there is remaining for more than one year a surplus of any kind of books in any agency, he shall notify the county auditor thereof, who shall cause such surplus to be transmitted to any other agency in his county where there is a deficiency thereof; and he shall also, at the request of the trustees of any district, cause all books now in the hands of the clerk or agent of such district to be transferred to the agencies created under this act and adjust the accounts accordingly. The state superintendent of public instruction shall immedi- ately, upon the receipt of any such requisition, make out his own requisition for the same books and forward it to the con- tractor. It is hereby made the duty of the board of county commis- sioners in each and every county, at their first meeting in Jan- uary of each year, and in case of any failure to make the ap pointment at said meeting, then the said board shall make the same at their next meeting, and not later than the fifteenth day of May, to appoint in one or more places in each county, one or more persons who shall act as agents for the sale of such books, and such agents shall continue in office till the fifteenth day of January next succeeding, and until their successors are appointed and qualified. As soon as such agent or agents are appointed in any county, the county auditor shall notify the contractor of such appointment and give him the full names and correct post office address of such agent or agents and notify him of any changes thereafter made of such agent. The county auditor of each county shall immediately, upon receipt of the copy or duplicate of the order of the county superintendent upon the state superintendent, notify the con- tractor to whom to send the books, and in case of there being more than one such agent in the county, he shall state the number or proportion of each of the kinds of said books to be sent to each agent, and in case of a failure to receive such in- formation, the contractor shall forward all the said books required for such county to the county auditor. The con- tractor shall send to each agent a memorandum bill of the books sent to him and also a duplicate thereof to the county auditor of the county. Each of the agents herein provided for shall before entering 92 SCHOOL LAWS OF MINNESOTA. • upon his duties give a bond with one or more sureties, to be approved by the county auditor, running to the said county, in such a sum as the county commissioners or the county auditor and treasurer shall determine, conditioned for the faithful per- formance of the duties imposed upon such agents by this act. Each agent shall sell the said books at the prices fixed by the state superintendent of public instruction. The said agent shall account to the county auditor once in each quarter year, for all books received by him, and shall then pay over to the county treasurer all moneys received for those sold. Each agent shall be entitled to, and shall receive for his services, the sum of eight per cent of the amount of his sales as shown by him at each accounting, and the county auditor at the time of each settlement shall draw his warrant upon the county treasurer for said sum, which amount shall be paid by said treasurer out of the school funds arising from county taxation. Any person purchasing books from the agents may sell the same at an advance equal to an average of ten per cent above state superintendent's list of prices and no more. It shall be a misdemeanor for any person to sell any of said books which have been previously purchased from any such agent or agents or from the contractor at prices greater than herein provided, punishable by a fine not to exceed twenty-five dollars, or im- prisonment not to exceed thirty days for each offense, and it shall be a misdemeanor for any officer to refuse to perform any duty imposed upon such officer by this act or the acts to which this act is amendatory, punishable by a fine of not less than twenty five nor more than one hundred dollars or imprison- ment for not less than thirty days or more than ninety days for each offense, and justices of the peace in the several coun- ties shall have jurisdiction to try and determine such offenses. (Id. § 159. as amended 1883, c. 39, § 1, and 1885. c. 20, § 1.) 232. Duties of Contractor, Etc, — It shall be the duty of the contractor, as soon as possible after receiving the requisition of the state superintendent for the books ordered by the several county superintendents, to forward the number of books re- quired to the several agents or county auditors as hereinbefore provided, and upon the filing of the requisitions and the deliv- ery of the shipping receipts for the same to the superintendent of public instruction, it shall be the duty of said superintend- ent to certify the amount due to the contractor, and the state auditor shall thereupon issue his warrant upon the state treas- urer for the amount so certified, payable out of the school text- book fund hereinafter provided for. (1878, c. 36, § 160.) 233. Prices of Books to Include Freight. — The superin- tendent of public instruction shall fix a price upon each book which will cover the cost of transmitting them to the several counties of this state. (Id. § 161. ) 234. Statement of Pric es. — The state superintendent shall send to the county auditor of each county, and also to the state auditor, a statement of the prices fixed upon each book, and SCHOOL LAWS OF MINNESOTA. 93 the total cost of the number of books sent, and it shall be the duty of the board of county commissioners of each county at their next meeting, to make provision for the payment of the price of such books; and the county treasurer of each county shall immediately thereupon remit the amount of the cost of such books to the state treasurer. (Id. § 162. ) 235. Books to Used When. — Within one year after the state text-books are printed and furnished to the state superin- tendent of public instruction, and for the period of fifteen years thereafter, no text books shall be used in the public schools of this state in incorporated cities and villages, as well as in the state at large, other than the state text-books prepared under the provisions of this act. Provided , that this act shall not be construed to prevent pupils who have advanced beyond the studies embraced in said books, from using other books, or to prevent a revision of the text of said books, at the expiration of five years after their introduction. Provided further, that this shall not be obligatory upon boards of education acting under special charters. (Id. § 165.) 236. Penalty on District Not IMng. — After two years from the time the county auditor of any county has received the number of text-books required for the district schools of his county, from the superintendent of public instruction, the treasurer of such county shall pay no part of the state school tax fund belonging to a district of his county, to the treasurer of such district until such treasurer produces his certificate in writing of the county superintendent of public schools in his county, certifying to the fact that the state text-books have been introduced into the school or schools of such district, and are used in such school to the exclusion of any other series of text-books. ( Id. § 166.) 237. Text-Book Fund. — For the purpose of carrying out the provisions of this act, there is hereby appropriated and set apart the sum of fifty thousand dollars, to be used as a revolv- ing fund to be designated "the school text-book fund.” This fund shall at all times be subject to the warrants of the state auditor issued to the contractor in payment for school books delivered on the order of the state superintendent, and all pay- ments of money into the treasury of the state by the county treasurers, on account of school text-books, delivered to their several counties, shall be credited by the treasurer of state to the school text-book fund herein provided for. (Id. § 167. ) 238. Duty of County T reasurer. — The county treasurer of any county which has heretofore paid or may hereafter pay into the state treasury any sum of money on account of books fui’nished for any school district upon any estimate of the clerk of such district made prior to the passage of this act, shall re- 235 Independent school districts are not subject to the Merrill text- book law. — Hahn , Nov. 21, 1885. Agents. School text-book agents are not responsible for loss of books by fire, theft, etc.— Hahn,v. 538. 94 SCHOOL LAWS OF MINNESOTA. tain out of any money in his hands arising from taxation and belonging or payable to such school district, the amount so by the county paid into the state treasury, and all moneys received by the clerk or agent of any such school district for books by him sold, shall lie paid to the treasurer of the same district for the use and benefit of such district. And it is hereby made the duty of the state superintendent of public instruction within twenty days after the passage of this act, to procure and for- ward to the county superintendent of each county, all blanks re- quired for the execution of this act, and it shall be the duty of the county superintendent to immediately transmit such blanks to the officers required to use the same. (1883, c. 39, § 2.) 239. School Library List . — The superintendent of public instruction and the presidents of the normal schools of this state, are directed to prepare a list of books to be amended from time to time, suitable for school libraries, to include books of reference, history, biography, literature, political economy, agriculture, travel and natural science; they shall advertise in at least two leading papers for the lowest rates at which sellers will fill orders of school districts for books selected from this list, and make contracts accordingly with the lowest responsi- ble bidder for a period not to exceed two years. (1887, c. 121, §1.) 240. State Aid. — Any school district having purchased un- der this contract any one year a selection of books from the list prepared and recommended by the state superintendent of public instruction, and having provided for their care a suit- able book-case, and for their distribution by the appointment of a librarian and by the adoption of suitable rules and regu- lations, and having forwarded a certified statement of the same through the county superintendent, with his indorsement, to the superintendent of public instruction, the said superintend- ent of public instruction shall make requisition upon the state auditor for one-half the amount so expended, who shall issue his warrant in favor of said district for said amount. Provided first , That no district shall receive more than twenty dollars upon the first statement, nor more than ten dollars upon the second statement, nor more than five dollars upon any sub- sequent statement. Provided second , That for the purposes of the provision im- mediately preceding, each township organization of schools shall be estimated as equal to four districts, and shall be entitled to a proportionate aid in the establishing of a school library. Provided third , That whenever the county superintendent shall make report to the superintendent of public instruction, that upon satisfactory investigation he finds that the books of any district are not firoperly cared for or properly used, it shall be his duty to exclude or suspend such district from the benefits of this act. (Id. § 2. ) 241. Statement. — No more than one statement shall be made by any one district in any one school year. (Id § 3.) SCHOOL LAWS OF MINNESOTA. 95 242. Fund.— The sum of ten thousand (10,000) dollars, or so much thereof as may be necessary to meet the provisions of this act, is hereby annually appropriated. (Id. § 4. ) 243. Webster’s Dictionaries . — The superintendent of pub- lic instruction is hereby authorized to furnish to any school dis- trict, or any school or district department thereof, in any city, village or town, one copy of Webster’s Unabridged Dictionary, on receipt of an affidavit of the district clerk, the school super- intendent or secretary of the board of education of such village, city or town, that such school or department has not yet been supplied under the provisions of this act, or that the dictionary heretofore furnished to said school or department has been lost or is unfit for use, and on payment in advance of the cost price to said superintendent of public instruction, and the superin- tendent of public instruction is further authorized to sell at cost price to the state educational institutions on a written req- uisition being made by the officer in charge of such institution, as many copies of Webster's Unabridged Dictionaries, not ex- ceeding the number of school departments in the institution un- der his charge, as may be necessary for the educational pur- poses of the same; and the superintendent of public instruction is further authorized to furnish said Webster’s Unabridged Dictionary at cost price to members of the legislature and state officers, not exceeding one copy to each such person. (1883, c. 115, §1.) 244. Dictionary Fund. — The superintendent of public in- struction is hereby authorized to purchase, from time to time each year, at a cost not exceeding seven dollars per copy de- livered at his office in St. Paul, a sufficient number of copies of Webster's Unabridged Dictionary to carry out the provisions of this act; and there is hereby appropriated from the state treasury, out of funds not otherwise appropriated, the sum of two thousand four hundred dollars ($2.4001, or so much thereof as may be necessary to carry into effect the provisions of this act. (Id. § 2.) 245. State Superintendent has Charge of. — The superinten- dent of public instruction shall pay over to the state treasurer all money received on account of dictionaries sold as aforesaid, and render an account of all dictionaries sold in his report to the legislature. Provided , that all sums so turned into the state treasury by said superintendent of public instruction, shall be and remain a fund from which said superintendent of public instruction is hereby authorized to draw such sums as may be necessary for future purchases under the provisions of this act. 243. — The International Dictionary is now furnished instead of the old Unabridged. 96 SCHOOL LAWS OF MINNESOTA. TITLE XII — Miscellaneous. 246. Penalty on County Auditor. — Any county auditor fail- ing to report to the state superintendent of public instruction, on the last Wednesday of March, and on the last Wednesday of October in each year, the amount of money by him apportioned on that day to the several school districts of his county, the sources from which such money was received into the county treasury, the number of scholars upon which the apportionment has been made, and the number of districts receiving such apportionments, shall forfeit the sum of fifty dollars to the benefit of the school fund of his county. (1878, c. 36, § 91.) 247. Penalty for Pealing in School Supplies. — No teacher, state, county, township or district school officer, shall be inter- ested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this state, with which such officer or teacher may be connected; and any such teacher or officer, who shall receive any commission or compen- sation, either directly or indirectly, for the sale of any book, apparatus or furniture used or to be used in any school in this state, upon conviction thereof, by complaint before a justice of the peace, shall be fined not less than fifty nor more than two hundred dollars for each such offense. (Id. § 92.) 248. Prosecution by County Attorney. — It is hereby made the duty of any and every officer, to whom reports are by law required to be made in relation to schools and school districts, in case any officer shall have failed to make any report required by law, within the time fixed by law for making such report, and for which failure a penalty is prescribed, to give in writing, immediate notice to the delinquent and to the county attorney of the proper county of such failure. It shall be the duty of the county attorney, on the receipt of such notice, to institute legal proceedings to collect, with proper costs, the prescribed penalty, in the name and for the use of the proper county or district. The county attorney shall also institute similar pro- ceedings, for the same purpose, upon complaint of the county superintendent of schools, or any other persons interested in having the law executed, that any school officer has violated any of the provisions of the school law to which a penalty is attached. (Id. § 93.) 249. Opinion of Attorney-General. — If any differences of opinion arise among the officers empowered to carry out the provisions of this act, relative to the legal construction of the same, the attorney- general, on the written application of the superintendent of public instruction, submitting such questions of doubt or difference, shall give his legal opinion in writing to such superintendent on the points thus submitted; and his opin- ion thus given, shall be binding until annulled by the judgment or decree of a court of competent jurisdiction. (Id. § 48.) 2-iO. Letting Contracts.- — It is hereby made the duty of those who under authority of the state have respectively the care, control and management of the several state institutions, .SCHOOL LAWS OF MINNESOTA. 97 before letting' any contract or contracts for the erection of any new buildings for the state, or the enlarging or improving of those already in existence, where the value of said building or improvements shall exceed the sum of five thousand dol- lars, to advertise for proposals for four consecutive weeks prior to said letting, in a paper published at the place where said in- stitution is located, and also for the same length of time in some paper having a general circulation published at the capital, stating the time and place said proposals will be received and opened. (1878, c. 35, § 57.) 251. It is hereby made the duty of those so advertising for proposals as aforesaid to let any and all contracts made in be- half of the state to the lowest responsible bidder. (Id. § 58. ) 252. Requisitions. — Whenever the authorities of any state institution shall make requisition for money from the state treasury on account of legislative appropriation, they shall for- ward to the auditor of state an estimate of the sum required for the month for which such estimate is made and a warrant shall be drawn therefor, and at the end of such month, such institu- tion shall furnish the state auditor vouchers for all moneys ex- pended during such month, and before another warrant can be drawn. Such vouchers shall be subject to inspection at all times, and said auditor shall inspect said vouchers monthly. (Id. § 59.) 253. Inventories.— It shall be the duty of the trustees, directors, inspectors or managers of each of the penal, reforma- tory, charitable and educational institutions maintained by the State of Minnesota, to cause to be taken, by such officers as they may designate, an annual inventory of all property of the state belonging to the several institutions under their charge, on the last day of each fiscal year. (1885, c. 167, $ 1.) 254. Items Listed. -In such inventories, lands and buildings shall be listed at their actual cost to the state, as nearly as known, deducting losses by fire. Movable property shall be listed at its actual estimated value when the inventory is taken. (Id. § 2.) 255. Inventories to be Filed.— Said inventories shall be kept on file with the records of such trustees, directors, inspect- ors or managers, and an abstract of the same shall be published in their biennial reports. (Id. § 3.) ,