V -7 UNITED STATES BUREAU OF/EDUCATION BULLETIN. 1906: NO. 7 whole Number 3 % STATE SCHOQL SYSTEMS: 11 LEGISLATION AND JUDICIAL DECISIONS RELATING' " TO PUBLIC EDUCATION, OCTOBER 1, 1*906. TO OCTOBER 1. 1906 By EDWARD C. ELLIOTT PROFESSOR OF EDUCATION IN THE UNIVERSITY OF WISCONSIN SPECIAL NOTE. The citations and digests of the legal decisions relating to public education “• * contained In this number of the Bulletin have beeu derived, excepting as other- wise indicated, from the American Digest, und the National Reporter System, published by the West Publishing Coinpauy, of St. Paul, Minn., and copyrighted by tligt company, which retains and reserves Its exclusive rights to such mat- ter. Citations and digests from the following publications are specifically copy- righted : American Digest, 1905A, Cdpyrfght 1905 by West Publishing Company. American Digest, 190SB, Copyright 1900 by West Publishing Company. American Dlfcest, 1006A, Copyright loOO by West Publishing Company. ^merlcari Digest, 1906B, Copyright 1907 by West Publishing Company. American Digest, 1907A, Copyright 1907 by West Publishing Company. American Digest, 1907B, Copyright 1908 by West Publishing Company. American Digest, 1908A, Qopyright 1908 by West Publishing Comjwny. American Digest, 1008B, Copyright 1908 by West Publishing Company. r • ' CONTENTS. Page. Letter ok thanbmittal4 5 Prefatory note 7 General explanations 0 Table of legislative sessions 9 Plan of classification ^ ■••**■* ^ Bibliography • legislation relating to'public education A. Administrative control arid nujjervision of elementary and secondary ♦duration * ■ • 21 B. State finance and support^* 73 C Local finanre and support .■ D. Build ings and sites ' H® E_ Teachers in elementary and secondary schools 128 v K. Teachers: Employment, etc ■ *38 G. Teachers. Professional training and education 1^1 H. School population and attendance - ISO I. School discipline. ' ; 203 J Health regulations 208-** K. Text-books and supplies * 213 L Subject-matter of instruction 226 M. Special types of school 231 N. Secondary education: High schools and academies fl 238 O. Technical and industrial — Elementary and secondary 245 V Higher educational institutions 260 Q. Professional and higher technical education - 272 R Private and endowed higher institutions * 281 S. Libraries ' 284 * T. Education of defectives. 286 U. Education of dependents and delinquents’ 291 Recent decisions of federal and state supreme courts; * Explanatory statement 299 Jurisdiction of state departments of education : I. New York: People ex rel. Walrath v. O’Brien 299 14. New York: Harris t>. Draper 303 y Status of evening high schools: \ ' III. California: San Francisco Roartf.of Education i . Hyatt 306 * <8tatuo of kindergartens: IV. California: Loe Angeles County v. Kirk (sUte superintendent). 310 Sectarian instruction— Bible riding: V. New York: O’Onnort. Hendrick (school trustee) et al.. 313 VI. Texas: Church v. Bullock etal 31® 3 CONTENTS. ^ CON lfcW Ad. Recent decisions of federal and state supreme courta-Contirued. ^ Health regulations— vaccination: ^ • 32 0 ' VII Illinois: People v. Chicago Board of Education -• VIII North Carolina: Hutchins v. Durham School Committee. ... jX , ew York: Viemeiater r. Whito (president of board of olu.a- ^ tion) et.al X. Pennsylvania: Stull v. Rebor et al Discipline— rules and regulations. • ;)29 XI Illinois: Wilson r Chicago Hoard of hducation . XII. Wisconsin: State rMloard of School District. No. 1 . ■ Ie t IS UoUBlon , <■,„», Bmi. - M burg..' T “tiv , IW* * T ™ ,W XV Ut Ma^huwIlBr InWiBUt.. r.HW.Iidalv'l StrM O. r ^ Commonwealth of Ma«iarhu«?tU» ^ 34 ft Indf.x fc \ LETTER OF TRANSMITTAL, Department ok the Interior. Ri'reau of Education* \Vaxhint}ton % November 10. 1908. Sm: I have the honor to transmit herewith^ manuscript entitled -State School Systems: legislation and Judicial Decisions relating ,o Public Education. Octolier 1. 1«W. to October 1. 1 !> 08 V which h^ lieen prcpare.1 by Prof. Edward' C. Elliott, of the University of ^ cousin, and to recommend its publication in the Bulle^ of Bureau of Education. Two vears aeo Professor Elliott prepared a similar ™'/ erinir the two-year period from Octolier 1. l\M, to Octolier 1, 100... This was intended particularly for the. use of state education offices and the education committees of the state legislatures, then a mu to convener Abundant evidence lias lieen. received ofTlio usefulness „f that publication to the officials for whose use it was primarily intended, and also to many other persons engaged in the compuni- tive study of educational legislation and administration. 1 lie digest herewith* presented has liegi prepared ill a more leisure** and thor- ough manner than was i.ossihle in the ca* of the earlier pnld.ca- tion. and will, it is believed, be found still more. serviceable in many directions. The object chiefly in view in offering it for publication j* ,1„. same as-th.it sot forth above in the case of the legislative number of the Bulletin of 190(i.» It is lielieved that it will answer numerous inquiries which are likely to arise in the course of leg.v In live procedure affecting education in the several States, and that in this wav it will contribute in no small , measure to the end pro- posed for the Bqrenu of Education in the act of March a, 18(>4-1!)0C. (Bulletin. 15)00. : Xo/3h The voYy -evident wide usefuh.Vss of that publication, together, with Us cordial reception by those for whom it was intended, seem to justify its successor at tljis time. * . 'I'he work of .preparation. of the present nuinlier has been carried forward principally in the Wisconsin state library and the law library of the University of Wisconsin, at Madison. r Io the members of the staff of each of these libraries 1 am indebted in the- largest nmasure for their ountinued and courteous assistance in placing the ncOTSsarv ' facilities at my disposal. In this connection I desire especially to mention Mr. Gilson (1. Glazier, librarian. and Mr. William II. . ( )rvis, assistant librarian, of the state library. Dr. Clgirles McCarthy, librarian of the Wisconsin legislative reference library, has by his advice and continued helpfulness furthered in numerous ways thf progress of my t(isk. Mk W. h. Bailey and Mila Elizabeth McKee - , of the University of Wisconsin, have rendered much timely a^d valuable aid in the correction of the manuscript and proof. The conditions under which this work was undertaken would lave made impossible the incorporation of those portions dealing with judi- cial decisions relating to education had not Mr. II. E. Randall, editor- in-chief of the West Publishing Company, generously granted per- mission to inakanse of invaluable copyrighted material. With hut one or two exceptions the. various state superintendents of public instruction, or the corresponding state educatibnal officers, have responded to a request for information regarding the character ^OMid importance of the legislation enacted in tljeir several States dur- ing the period under consideration. The assistance 'of- 'these officers has added much to the value and quality of -the results I have attempted to set fbrth, and I take this opportunity of expressing my appreciation of such assistance. . ^ 1 8 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 190S-S. p throughout, the spirit of hearty cooperation, characteristic of thc 4 attitude of all those upon whom I have had to depend, and especially so of the various members of the staff of the Bureau of Education, has contributed to make my work far less arduous and far more profitabk4han it otherwise would have been. ^ IrTspiteofsthe care in preparation, a piece of work of this kind contains possibly some minor errors ones, I alone am responsible. The University or Wisconsin, November /, 190$. For these, and perhaps larger Edward C. Elliott. £ ) k ft I STATE SCHOOL SYSTEMS: LEGISLATION ANT) JUDICIAL DECISION RELATING TO PUBLIC -EDUCATION, OCTOBER 1, 1906, TO OCTOBER 1, 1908. GENERAL EXPLANATIONS. S' ope and plan .— In the following pates an attempt has ^ n * classify and to ‘analyse the changes Wrought in the public school ^ * , , j . i lcloflVA to systems of the various States and Terrenes by the ' s enacted during t\f part two feani, October 1, 190C, ^October nrcs also reme 1 1 008. Supplementary ti'this legislative Material, there incl tided digests of or citations to those decisions of the state & courts containing important interpretations of States > «J«tjng t public- education, or defining ,in a significant way the status, 6f the public schools. legislative sessions are bieinial all the States and Territories except in Georgia, MassaChi&ttsi New Jersey, New j Yor ^^ e Island, and Soufh Carolina, ^Jere jliey are annual, and hn- where thev are quadrennil Consequently, the period faetectod includes the enactments of ole session of the legislature m /most of (he States and all of the TeJIitories, and of two se^mns m the ca* of the States holding aniiual/Iessions. 0 In addition, ic ac o . Li in Lrtot a. stoiwi.™ «*» fc-f for measures relative to the public school sys^ein. u ff iala- The following table displays the time of meeting of those legi turcs the enactments of which have been presented. nu , tflepuiom* autioni, October I. W6. *> Ortot * r 1 . 1908. Jan. ' 8, 1907, to Mar ***>«“ '• * July Jan. Jan. ^Alabama (adjourned) Ariiona *»*“*■ Jan. . . . . . Jan. Colorado jML Connecticut •; , Dataware : - — •Tf. «ct» or th. r^r.’^t°S to the delay In println*. The «ct» of the iw ** 12. 1907, to Aug. 21. 1907, to Mar. 14. 1907, to May 7, 1907* to Mar. 2. 1907, to Apr. 9. 1907, to Aug. 1 . 1907, to Mar. > botletto latoad hi 1904, have been Included here. 8,1907. 12.1907 21.1907 14.1907 12. 1907 1,1907 1,1907 25.1907 w 10 '» 8TATB SCHOOL SYSTEMS: LEGISLATION, •- H . ETC., 1906—8. % W 2, 1907, to May 31, 1907 ■ . ? \w e . . . Jjune 27. 1906, 'to Aug. 26. 1907, to Aug. 16. 1906 17. 1907 (June . . . Jan. 24 f 1908, to Aug. 7, 1907, to Mar. 13, 1908 8, 1907 .. . . Jan. 9, 1907, to May 10, 1907 . . . Jan. 10, 1907, to Mto. 11, 1907 . . . Sept. \Si 1908, to Sept. 30, 1908 JCQi&XUft (exira .) - - . . . Jan. 14 1907, to Apr. 9, 1907 . . Jan. ^ 1907, to Mar. ' 14, 1907 . . . Jan. 16, 1908, to Feb. 4, 1908 Kansas (extra) . . . . Jan. 7,1903; to Mar. 17,1908 Ken tuck) . . . . Nov. 11,1907, to Dec. 5,1907 Louisiana (extra i . Mav 11, 1908, to July .9,1908 . . . . Jan. 2, 1907, to Mar. 28,1907 . . Jan. 1, 1908, to Apr. 9, 1908 > (Jan. , 2, 1907, to June 1 1908, to June 28. 1907 13. 1908 29, 1907 .*. Jan. 2, 1907, to June . . . Jan. 8, 1907, to Apr. 24, 1907 X % Mississippi * * . . . . Jan . . . . Jan. 7, 1908, to Apr. 2, 1907, to Mar. 21, 1908 16, 1907 . . . . Apr. 9, 1907, to May 13,1907 • i sftouri l^xtrH ) • . . . . Jan. 7, 1907, to Mar. 7, 1907 .... Jan. 1, 1907, to Apr. 4, 1907 Nebraaka...^-^-r>-^- - .... Jan. 21, 1907, to Mar. 21, 1907 .... Jan. 2, 1907, to Apr. 5, 1907 New Hampshire .... Jan. 8, 1907, to Apr, 13, 1907 .... Ju^l 18, 1907, to Oct. 12, 1907 New Jersey (extra) .... Jan. 14, 1908, to Apr. 14, 1908 . 1 ^ New Jersey . . . Jan. 21, 1907, to Mar. 21,1907 .... Jan. 2, 1907, to June 26, 1907 July 8, 1907, to July 26, 1907 New xorx (extra). . ■ * - Jan. 1 , 1908, to Apr. 23, 1908 New iotx . ... May 11, 1908, to June 11, 1908 t- V New iorx (extra; ...... Jan. 9, 1907, to Mar. 11, 1907 .V N ortl\.taroimtt . . v * * » • Jan. 21,1908, to Fefc. 3, 1908 s & North Carolina (extra; Jan. 8, 1901, to Mar. 8,1907 *r Jan. 6, 1908, to May 11,1908 1 Dec. ' ,'.2, 1907, to May 26, 1908 , Jaif. 14, 1907, to Feb. 23,1907 5 . Jan. 1, 1907, to May 16, 1907 % t Jan. 1. 1907, to Apr. 7. 1908, to May 8, 1907, to Feb. 14, 1908, r to tyur. 8. 1907, to Mar. 6. 1907, to Apr. 23. 1907 26> 1908 16. 1907 7,1908 V (Jan. r ka South varouna . ... Jan. 8, 1907 . South uaioia Jan. 16, 1907 V fJan. 8, 1907. to Apr. 12, 1907, to May 12, 1907 11$ 1907 ■ Ij -v ' Jan. 14, 1907, to Alar. 14, 1907 $3 ym.< « - • . Oct 3,1906, to Dec. 20,1906 ' i 8, 1908, to Mar. 27, 1908 •m • i.nv - ^ Washington...’ West Virginia.. West Virginia (extra) Wisconsin Wyoming GENERAL ElFtAKATIONft. .'.... Jan. 14, 1907, to M»r. /Jan. 9, 1907, to Feb. iFeb. 23, 1907, to Mar. Jan. 28, 1908, to Mar. Jan. 9, 1907, to July Jan. 8, 1907, to Feb. if a 14. 1907 22. 1907 6. 1907 3. 1908 16. 1907 16. 1907 To accomplish the purposes for which the bulletin is immediately intended in as direct and brief a manner as possible, legislative enactments of the following specific character pertaining to state school systems have been included : (1) All general permanent laws, whether new enactments or amendments to general permanent laws already in force. (2) Constitutional amendments, adopted or proposed, whether general or local in their effect. (3) Laws resulting in significant changes in the organization and administration of public education in the larger and more impor- tant cities of each State, 0 even when general in form and special in application; provisions of new rntmicipal charters, and amendments to existing -charters. (4) Law's authorizing special appropriation for the establishment of a new educational institution or class of institutions, and extraor- dinary appropriations of wide general interest. (5) Law's relating to the general administration, control, and management of particular state educational institutions.* The following classes of legislation have been excluded from con- sideration : ^ - (1) Laws providing for general appropriations. (2) Special acts relating to particular individuals or minor localities, f J (3) Special and temporary acts, unless of more than local or transitory concern. 6 ^ (4) Federal and local legislation relating to education in the Y Di&- trict of Columbia, Alaska, Hawaii, Porto Rico, Philippine Islands, and other insular possessions. 4 • Such Uwi are. however, with few exceptions, merely classified and dlgeeted In the briefest poeslble manner. They bare been reserved for cdmpleteanalyela and treatment In a separate bulletin dealing with city acbool ayateraa. which irTn preparation and to be ^^gldatln measures relating to certain daaaes of reformatory, charitable, and quad educational lnatltuflona hive generally been omitted; for complete explanation eee foot- note under section T. ** Education of defective*.” . f « por instance, the appointment of the comm las I on on In du» trial education In New Jersey (see Enactment No. VIM) ; or the appointment of the Colllnwood School flUre relief commission In Ohio (see enactment No. .37) ; or the Joint resolution of the Wisconsin legislature (enactment No. W> concerning a natural » 7 *tem of V* 4 The legislation relating to education enacted by the 59th Congress (1905-7) w **9'jm* aarised in the Report of tie Commissioner of Education for 1906, toL S. pp • that by the 1st aeeslon of the 60th Congress (begkminf Dec. 2, 1907) In the &*0>rt for 1906* toL 1, pp. 106-120. . ' I. ’.. : '' r "' ^ v F * * 12 “ STATE SCHOOL SYSTEMS: LEGISLATION, ETC,, 1006-8. (S I t § In addition to the legislation above noted, digests of and citations to recent decisions of the highest state courts of the following general character have been likewise included : (1) Those relative to the constitutionality of important statutes concerning public education. (•2) Those presenting special interpretations of measures enacted during the biennium 1900-1008. (3) Those touching upon interests and principle^ of Mirect and vital importance to our socinl policy in public education.* Method of presentation.— V\ ith respect to the legislative material, flie aim has been to present in a> concise and serviceable manner the meaning and contents of .each particular enactment, classified . in accordance with the writer's best judgment. As a general thing T but one entry lias been made for each of those law's treating of but one particular topic or title. Frequently, when* an enactment pos- sesses a relation to two subjects, accdrding to the scheme of clarifi- cation, a method of cross reference has been resorted to. Thus, for / example, enactment No. 133 (Kentucky) contnins several important items. Ift order to classify projjertv, several cross-references are given. (See enactments Nos. 19 and 1-39.) In a number of cases wherein a single law treats of a numlier of diverse subjects or titles, or wherein the amendments to the. educa- tional code are grouped together in n single note or chapter, an effort has been made to distribute tht> particular portions of such measures . so that the alterations produced in different directions would be evi- dent. Such distribution has been indicated in an appropriate man- ner, either by indicating a particular section of an individual chapter or act, or otherwise. Each law or separate title has lieen treated in one of three ways: (1) Unimportant new laws and amendments have been indicated as briefly as possible by title or otherwise. Where the title of the law ' presents its import in a clear and concise manner it lias been used, sometimes by quotation and sometimes by such mollifications of the wording as would convey its significant in the -best possible manner. (2) Frequently, and especially in the case of amendments to exist- ing statutes, besides reference to the particular subject, more or less explanatory matter has been added to bring out the exact change produced. , (8) With important and fqr-reaching measures, m addition to the title and digest of the subject-flSlter of the enactment, either the whole or the most significant portion has been printed. I A* (or oiMpl*. tbo decision of th. Oniue BtetM Bopremt Court apholdln* th. con- StttattoMlttr of th* lfuMChoaStta tet wqolrtaa •tmt-rmllwijr _ wmptntaji to Mtoi^UtanfWtelf two. Tho toad of tblo tauten 1* glvon »t the «nd o^tfeU balltUn. •. .. % / 1 OENEBAL EXPLAN A.TjlON.8. ' .18 | S r * % With respect to the judicial decisions, the method of simple citation has been employed in the case of those of minor importance. Gen- ^ erally, however, a brief digest of pertinent points has been included. In a few instances a complete syllabus of the decision has been pre-. ♦ seated. Appended to the main body of classified legislative nnd judicial material, there has been included the complete text of a number of recent court decisions, which are thought to lie of more than passing interest to those engaged in the wofk of ndihinistration j; ‘ of public education. ' . Still further, by way of evaluation of the importance of laws and decisions in th^ respective States, use has Ikhmi made of the informa- " tion furnished bv the various state superintendents ’niuf educational j officers. Laws and decisions which they have regarded as of the first ’ importance in the development and progress of the stnte’s educatiqnal i activities and system have been indicated by. an asterisk (*). Method of classification and arrangement —In order to facilitate | presentation and to render this bulletin of ren<(y service for reference, | the whole mnss of the special class of educational legislation, together | with the digests of nnd citations tr related judicinl decisions, has | been carefully classified according. to what seems to be a logical and , consistent scheme. At the same time, throughout, the effort has been to avoid such complexity of classification ns would tend to defeat its purpose. Vnder each of the headings indicated has been placed all of the matter properly belonging thereto, arranged alphabetically by States. In nddition, the enactments and decisions have been numbered consecutively, thereby contributing to ease and readiness in discover- . ing mntter of n particular type. Citations to and digests of judicial decisions have bepn distinguished from legislative enactments by pre- fixing n capital “ D " before the reference number. The index at the close of the bulletin further insures the discovery of legislation bear- ing upon nny single topic. ... , Typography. — In the case of each legislative item, the title of the . measure, whether given verbatim or in modified form, is printed in the smaller type (8 point), leaded. Comments following the title of the measure, or a brief summary of its provisions are printed in the • same tjrpe without leads. Direct quotations from the text of the measure are printed in 8-point type without leads, and are inclosed , within quotation points. . • Thq material taken from judicial decisions has been treated m tne same general way. The rtviews found in connection with each classified group of legia- , lation and decisions have been printed in the larger (10-point) type, ‘j leaded. j STATE SCHOOL 8YS-£EMS : LEGISLATION, ETC., 1906-8. PLAN OF CLASSIFICATION." F 14 A. General. Administrative Control and Supervision or Elementary and Secondary Education. а. General. ft. State boards and otflcers. c. County boards and officers. d. District township, and municipal boards and officer*, r. School meetings; elections; qualifications for voter*. /.Administrative units; Districts, townships, municipalities, (Me.; * formation; division; consolidation. ^ • B. State Finance and Support, h. General. б. State school lands. r. Permanent state school funds; Composition and Investment, d. State taxation for school purposes. f\ Geuernl apportionment of state school funds; special state aid for elementary inlneatirm. /. Special state aid for secondary education. C. Local (County, District, Municipal) Kinanck and Support. a. General. ft. T»cnl (county, district. municipal) tlmince ami support; bonds } * and Indebtedness. c. IakniI (county, district, municipal) taxation for school purposes. D. Buildings and Sites. a. General.' ft. Buildings and sites: State aid; approval of plans, c. Buildings and sites: Decoration; jCnre: sanitation; lns|>ectton. d. Buildings and sites: Prohibition district*, c. \\ S. flag In schools. E. Teachers in Elementary and Secondary Schools. h a. Teachers: Qualifications ; genera!.. * 6. Teachers' examinations and certificates : General. c. Teachers' examinations and certificates : Special. d. Teachers' certificates ; validity ; indorsement ; registration ; revo- cation. f. Teachers’ certificates; recognition* of uormul school, and college o? % university diplomas. /. Teachers’ associations. ^ F. Teachers: Employment; Contract; ArpoiimiENT ; Dismissal. а. General, ft. Teachers' salaries, c. Teachers' pensions, 0, Teachers : Pbopessional Training and Education. ^ o. University departments and schools of education. б. State normal schools. ^ o« County and local normal and training schools & Teachers' Institutes thd summer schools. • This plan of d unification U, with the addition of one or two minor aubdtvlalftns, ‘Hahtteal with that followed in the prev ious taglalatlve bollotln (Bulletin, lOOfi : No. 8), The ad vantages for comparative imp oses art ohrknia. ■ j ■X QEJfttAL EXPLANATIONS. 15 H, School Population and Attendance, a, General, ft, School census. c. School year; month; day. d. 'Srbool holidays, . ' # <\ riaco of attendance ; t rans|>nrtatlon of pupils: consolidation of schools, /. Compulsory attendance: child labor; truancy. I. School Discipline. a. General. ft, Cori>orftl punishment, r, Suspension a nd^px pulsion, d. Fire drills,*^ j ,1, Health Uegclatio^t a, Ueneral. ft, Physical cxnuilnntlon and medical lns|>ection. K. Text- Hooks and Supplies. * ooinl observances. k. Other si»ecliil subjects. t M, Special Types of School. f General. ft. Kindergartens. * r.' Evening schools, d. Vacation schools and playgrounds. c. University extension; public lectures. /, Itormers' institutes, etc. g. Private and endowed schools. \ Secondary Education:’ High Schools and Academies. O. Technical and Industrial: Elementary and Secondary, P. ® Higher Educational Institutions. a. General. ft. Finance; lands; supi»ort. r. State •universities and colleges. Q. Professional and Higher Technical Education. a. Teacher*’ colleges and normal schools, ft/ Agricultural colleges. c. United States grant. d. Mining schools. * Military achoola.’ r A Mtacellanegue t ech nic al. sr ' 16 rffxTE SCHOOL 8YSTEM8: LEGISLATION, •ETC., 1906-8. m R. Pbivate and Endowed Hicheb Institutions instate Control. 8. LlBBABrEft. a. Public-school llbrnrles. ♦ 9 T. Education or Defective!. a. General. • * b. Deaf and dumb. » Ok. Uliud. . d. Crippled and deformed. e. Feeble-mi uded. U. Education oF'DrrFNnrNTs and Delinquents. a, Genernl, b. Truant and detention whoolR. Method of citation. — At the end of each legislative entry, will be found the proper citntion to the section: chapter, number of .act, or page (in the case of those States whose session laws arc not numbered consecutively) ; year, day, and month of approval or passage. In a 7 number of instances where enactments became operative at some date after pnssage or approval, the date of operation follows in paren- theses the date of passage or approval. - In the case of digests of and citations to judicial decisions the usual method of reference to reports has been employed.* 1 An especinl effort hns been made to avoid arbitrary and 'technical abbreviations in making citations. Consequently, but few have been used nnd these only the most common and easily recognized ones. It is thought that the resulting absence of ambiguity and confusion for the lay and nontechnical reader more than compensates for the slight increase in the volume of matter presented. ’ Reviews of legislation.— An effort has been made to characterize briefly and to indicate the. signifienpt features of the legislation included under each' of the principal and important subjects as indi- cated by the plan of classification. These reviews and decisions (printed in large type) will be found immediately preceding the classified list of enactments of each section. x X BIBLIOGRAPHY OF RECENT EDUCATIONAL LEGISLATION. The following titles relate to recent publications which have a bearing upon some of the subjects with which this number "of the bulletin deals : " SCHOOL LAW. - Allen, Charles R. Educational progress for 1907. School review, 10:290-310, May, 1908. Thompson, William Oxley. A review of certain features of the year lu school administration. Ohio educational ^monthly, 57 : 892-398, September, 1908. RAaumd ofTegfihtttctt, -rerUlon, of coarse* of etudj, now academic degrees. I er|c Bee p, g fay pot* concerning of Mpyr^hted^sterta^ BIBLldbRAPHY. IT United .States. Fifty-ninth Congress* Legislation relating to education enacted, 1905-1907. !n United States. Bureau of Education. I Report of the com- missioner for the ybnr 1900. Washington. Government Printing Office, 190R, v. 2, p. >229-1255. ' * ' Vnndewalker, Nina. Kindergarten legislation in the United Stales: American school board Journal, 37:5,20, October, 11K)S. * * i . j History, of pfhillo sch#ol kindergarten laws. States that have passed them, •and a dlacuosion nf the threatened elimination of tin: public school Stlnder- garten in Wisconsin, by passage of law raising rcIiooI iigo from 4 to 0 years. ’ » Indiana. Recent school legislation in Indiana. .School and home education, 2ft: 113-315, November, 1908., j> ••Seven of the Irwh passed by the sixty-fifth general assembly oyindlana In 1907 were formulated by an .educational commission.” ^ ^ Recommcnda lions as to n« reded legislation proposed liv the educational commission. *N printing office, 1908. 47 p. 8°. (Bul- Kutisas. Educational commission. Keo for tln\publlc school^®' Kansas, p Dmimb/r, 1908. Tt^ka, State r lefln no. 4) Olflo. Ilclermnnn, F., and nth era, Educational legislation in Oblo in relation tn ('athnlic interests * *\ * //i Catholic Educational Association. Report of the proceedings and addresses, 1907. Columbus,, Ohio. Pub- lished by the association [19071. p. 00-99. lu Pennsylvania, p. 71-84; in Now York, p 84-80; in Illinois, p. R0-04 ; In Oilifornlft, |t, 94-90. MardiH. S. K. The mlnhnuAi salary law and state aid for weak’ school dls- . • t riots. Ohio teacher, 28 ; 55:1-534, July, 1908. The inivnl law uf UMHl ; given in full. r, m The ‘Small school board act." American school board Journal, 30:4, June, wok. * Wilson, E. S. Enlarged jMiwern and ros|H>nslbllltleft of the state commissioner -of common schools. Ohio teacher, 2S : 5S7 -3S9, April, 190.8. ^ Zeller, J. W. t r/mirmim. Reimrt of the committee on rural school a Ohio t earlier, 2s : 5X9-91. April, 1908. " Hcporl -made tn the Ohio school improvement league. I'or ft "slate iyatem * ^ of mandatory county supervision. cmipliMi with npt lojinl township supervision and cent rall7.fttlon.* Pennsylvania, Hamilton, Baunicl. Some desirable features of a now The State appointed a commtBSion M to revise and codify the school laws of ttao State." The article la ft virile discussion of changes that should he made. Norris, J, M. Revision of the school laws. Pennsylvania school Journal, 50 : 483- 87, May, 1008. Washington, Washington (State) Code Commission. Preliminary report, Northwest Journal of education, 20:10-12, September, 1908. I " Combiaalon created by the legislature tn 1907 to revise the school lawn. Wisconsin. Kindergartens. Wisconsin. The proposed constitutional amend- ment and the Wisconsin schools. Milwaukee, Wisconsin 1908. 14 p. 8°, * (Milwaukee normal school. Bulletin, v. 5, no. 2, October, 1908.) * 68470 — 00 2 18 STATE SCHOOL SYSTEMS: LEGISLATION, BTC., 1900-8. • SCHOOL ADMINISTRATION. - Fairchild, EJjvurd T. Bulletin of Information regarding consolidation of rural schools. Issnod_i__ 1908. Topeka, State Printing Office, 1908. 48 p. S # . Hartman, Curl.- -A study In school sui>ervision with special reference to rural school conditions In Texas. Austin, Tex. 119071, ISO p. 8°. (Univer- sity of Texas. Bulletin no. 90. General series, no. 1(1, March 1, 1907.) Illinois. Educntlouul commission. A tentative plan for a state hoard of edu- cation. Springfield, 111., Phillips Brothers, 190S. 38 p. S\ (Bulletin no. 1.) * ^ a tentative plan for a comity board of education. With some suggestions in regard to the county super Intendency, Springfield, 111., Phillips Brothers, lDOS. f>3 p. 8°. (Bulletin no. 2.) A tentative plan for the certification of teachers. Springfield, y* '8 111., Phillips Brothers, 1908. 32 p. 8\ (Bulletin no. 3.) ! A tentative plan for making the township the unit of school organization. Springfield, IN., Phillips Brothers, UhiS. 4i p. s°. > (Bul- letin no. 4.) I «. Tentative m’onnuemlatlons concerning county teachers' Institutes * * * Springfield. 111., Illinois State Journal Company, State Printers, 1908. r>7 p. 8°. (Bulletin no. r>.) Indiana.* State education commission. Ih*imrt of Indiana State lCducatlonal Commission, Educator-Journal. 7 : 289-90,, Fehruary, UM)i. If. 1'. Moor**, Marlon. Ind., chairman. Missouri. The 1907 fight for county school suiwrvlslon. Missouri school Jour- nal, 24 : 140-32, April, P.H)7. _ SCHOOL FUNDS. Eliot, Charles William. The exempt toli, educational Institutions from taxa- tion. In Association of American Universities. Journal of pn*eetMlinga and addresses, 1900 [Chicago, University oHUiU^go.Pressl 1907, p. 48- 49, 107-10S. >* Tables, p. 107, 109-111. Martin, O. B. School funds in the South. In Conference for education In /tic w ' South. Proceedings, 1908. Nashville, Twin. Published by the executive * committee [1908], p. 50-03. Ohio State Teachers’ Association.' School revenue commission. Report. Cohim- bus/Ohio, 1907. 100 p. 8°. Vermont. Special commission on permanent common-school filnd. Report [1900] Montpelier, Vt, Vrgus and Patriot press, 1900. 40 p. 8°. TEACHERS. Cubberley, Ellwood P. The certification of teachers. National society for the scientific study, of education. Fifth yearbook, part 2. Chicago, The J University of Chicago press, *1900. 93 p. 8°. National Association of State Universities. Committee. Ileport upon the appli- cation of the Association of State Universities for Recognition by the Carnegie. Foundation for^the Advancement of Teaching. In its Trans- actions and proceedings, 1007. Bangor, Me. Bangor Cooperative Print- ing Company, p. 214-243, (Special session, January 22-23, 1908.) Slea, jUymand W. Comparative study of minimum salary legislation. Educa- tional* review^ 85 : 286-290, March, 1908. ^ Legal regulation of minimum salaries for teaetpa ’ \ j erIc BIBLIOGRAPHY. ' 19 I #• INDUSTRIAL KIU’CATION. fPonnootlcutl trade schools. 4 Report of commission appointed in 1003 unci pro- |m»sh! law. l«Mi7. la p. ( ( lent School Pocutncnl. 1!K»7, no. 3.) fThe Pa\is Industrial Id 111 Western journal of education, 13 : 321-3115, June, 100S. ■ . ■ . l>niprr. Andrew Sloan. Our children,, our schools. and our Industries. Itv New York. State Teachers' . Association. Proceedings, 1907. Albany, rniversily 'of the State of New York. 1008. p. 32-78. (Education de- partment. ltullelln no. -Pit, May. J90S. ) 9 Hays, Willet Martin. Agriculture. indust ries. and home economics In our public schools. In National education association. Department of super- „ iutendence. Proceedings. 190X [Oiirago, 111., rniversily of Chicago press 1,. p. ti.V7x/ A discussion uf pri'N*nt status of ugrlrulturc nnd domestic cconomlcR In puhllc uducat Pin. and the pnvls Mil for gnvrrnment nld to secondary boIioMh. • * " . t 1 1 1 1.0 I.AItOR. I (111(11 labor. legislation. Schedules of existing statutes and the standard child - J labor law. Handbook, lpuT -S. Philadelphia. American academy of political and social science. 1907 s. 2 v. s". Sullivan. James D. A summary of the compulsory attendance and child-labor laws of t he States and Territories of the Pulled States. Albany, 1907. 1KI p. s’. (New York State library bulletin, 114. j / t "LEGISLATION AM) JUDICIAL DECISIONS RELATING TO PUBLIC EDUCATION. A. ADMINISTRATIVE CONTROL AND SUPERVISION OF ELE- MENTARY AND SECONDARY EDUCATION. special commissions : Illinois (1*2), I own ( 11 ). Kentucky (20), North ]>nkot;i\(:U>), Pennsylvania ( IV), Tennessee (r>0), Virginia (52), and Washington (55), for tin* purpose of revising the laws pertaining to the public-school systems, or proposing plans of Reorganization to suc&eding legislat ifres, are especially worthy of ftote. I he spirit of this movement for a bettor adaptation of the educational organi- zation to modern needs is well indicated by the duties assigned to -the Illinois commission—” to make a thorough investigation of the common -school system of Illinois, nnd^the laws under which it is organized and operated; to make a comparative study of sncli other school systems as may sown advisable’ and to submit to the forty-sixth general assembly a repo*^ including such suggestions, recommenda- tions, revisions, additions, correction^, and amendments as the com- mission shall deem necessary." In this connection, also, the general revision of the educational code effected in Nevada (79) , Nyw Mexico (5*2), West Virginia (54), and South Dakota (100), may be men- tioned. The recently adopted constitution of Oklahoma (42), and the pro- posed new constitution for Michigan (27), contain evidence of the modern progressive educational sentiment. The resolution in is- consin (55), requesting Congress to bring about, an amendment to ^ • Several StAtce, among others Mississippi and Vermont, compiled and adopted a revised code of general laws during the biennium. Tbeae newcodes contain numerous changes in the school laws, which, however, have not been Includetl In thls.analyala of legislation. In several Instant^. notably Maryland, the complete volume or session laws for 1003 fiaa not been avaBble for the purposes of this publication, in such Inatancea. what- ever legislative material has been Included has been derived from Incidental sources of &atty omissions of probably Important material have been tiunal Hvatcins ns <>f the tlrst Imll* o t cs'l by an asterisk t*u] 21 BTATH SCHOOL SYSTEMS: LEGISLATION, ETC., 1906—8. e made of the affairs of the luske* gee Normal and Industrial Institute. Kei*>rt to be nrnde to legldnturc. n. Jt. lies. No. m* li. 75, Jnn. 28, 1907. D 2. Alabama (1900) : Laws, 1903, p. 300, relating to the nMlIstrictlug of public schools, is a restatement of the entire law on the subject, and in regard to the management and control of the same, and was intended to set up a new svstem, so that whatever power any school officer may W ve on these subjects must be derived from the act.— Gibson t. Mnbrey, 40 so., 297. D 3 Arkansas (1907) : A rule of a school board of a city, providing that pupils before admission to the schools sbnll be vaccinated, adopted to prevent Uie spread of smallpox, and pursuant to the orders of the hoard of ncaitn of the city and advice of physicians is not an unreaa»nftble legulntlon, and will not be set aside 'by the courts.— An ten t*. Board of Directors or Special School Diet, of Little Rock, 104 S. W., 130. 4. California: Proposing amendment to sec. 0, art 9, constitution,* 1870, as amended Nov. 4, 1902, relative to the public-school system. § Defining status of evening, elementary, and secondary schools as parts of the public- school system.— Adopted, November, }908, jt. Res., chap. 21, p. 1276, Mnr. 0, 1907. D 6. California (1900): General flaws regulating public BchoolBjrontrol. con- Aiding provisions of city charters.— McKenzie r. Board o^Mucation of City and County of San Francisco, 82 P., 392. . .. The charter of a city aqd the general law should be construed together by the court, and made to harmonize, so as to give effect to each, if iws- afble. — McKenzie t>. Board of Education of City and County of San hran- cisco, 82 Pfr892. t>« Colorado (1904) : The decisions of the state board of education which Mills' Ann. 8t., sec. 390ft, conferring on it power to decide questions of law and fact nrovides shall be final, are not final In the sense that they ~are aotYevlSwable by the courts ; ottemfae thestatute^ B vvUlIB f vUlvl TW Ulv ^ , w^tirti^ art 8, tee. L veotln* the Judicial power to the court* there ite(L-PWlrtoa.Taaho rat 77 P. W8. ; ' ADMINISTRATIVE CONTROL. AND SUPERVISION. ~"1 28 7. Connecticut ; Authorizing secretary of state hoard of education to compile and cause to be printed for distribution 2,500 copies of the laws relating to education. Special acts No. 20, Mar. 14, 1907. 8. Connecticut: Continuing the joint standing committee on education with In- structions to inquire into the conditions and progress of common-school education. 8. Jt. Res. No. 887 (No. 465, special acts), July 31, 1907. 9. Delaware: Authorizing the secretary qf state to have printed for distribu- tion, 1,000 copies of the school laws. Jt. Res. chap. 270, Mar. 9. 1907. L) 10. Florida (1905) : I^aws 1905, chap. 5384, establishing the state board of control, is nor in coutliet with constitution, art. 12, sec. 3, providing that ' the state board of education shall have supervision ot schools of higher % grades. State t\ Bryan, 30 So., 929. I^iws 1905, chap. 53S4, is not a revision of all the statutes of the State on the subject of the various colleges and schools of the State above tbe’grade of common free schools, but Is an lndei>endent act covering a geueral and comprebeuBive subject. — State t\ Bryan, 39 So., 929. Dll. Georgia (1907): An act approved Aug. 23. 1905 (acts, 1905, ; p, 425), as amended by act Aug. 21, 1906 (acts, 1906, p. 61), known as the **Mc- Michacl School Law," Is not subject to the objection that it violates the const i tut Ion or civ. einle 1395, sec. 5779, declaring that no low or section of the C(h1c shall be re|tealed or amended unless the act making such amend- . roent or affecting such rej>eal distinctly describes the act to be amended or regaled; this provision of the constitution having no application to Cfpealsby implication. — Ed algo v. Southern Ry. Co., 58 S. E., 846. 12* *. Illinois: Creating an educational comifilsslou, defining its powers and du- ties. and making an appropriation therefor. Authorizing governor to nominate, and by and with advice of senate, &PjK)lnt six persons representing the various phases of educational work within the State, who, together with the sii|>erUitemlent of public Instruc- tion, shall constitute a commission to investigate the com mouse bool system of the State and mi>are it with other systems. Defining lowers and duties and making appropriation. II. B. 742, p. 24. May 25, 190^. D 13. Indiana (1907)°: The establishment and regulation of public school* rests primarily With the legislative deimrtment. — Stone r. Frilts, 82 N. E., 792. 14"*. Iowa: b Creating n commission to examine, review, and codify the laws relating to public schools. * - Providing for thp^ organization, expenses, powers, and compensation of commission. Report to be made on or before Nov. I.’ 1968. Chap. 222, Apr. 13, 1907. D 15. Iowa (1906): Acts twenty -seventh general assembly, p. 48, chap. 84, la entitled ** An act tb amend secs. 2728, 2730, 2731, and 2732, and repeal sec. 2733 of the code, and enact a substitute therefor In relation to county schools,** and sec. 4 of the statute provides that, sfibuld there be more applicants for admission to a county high sqhool /rom any school corpora- tion than the corpora t ton’s proportionate number of pupils the school corporation from which Jfiey attend shall pay their tuition out of Its contingent fund. Held, tnhf tbtf stattfle is not Invalid on the ground that the legislature had no power to fcompSTa school corporation, to pay for the education of pupils at tending /the high school without the corporation’* consent.— Boggs v. School Tp.^CaBSy Gpthrle County 102 N. W n 796. • The complete text of decision t ff flf ui Iq V ie closing division of this bulletin. • Through tbs courtesy of the chidrmaiyn^rof. Frederick E, Bolton, of the University of lows, 1 have had an opportunity of fading the manuscript of tbs report of fhU * commission. It Is in the form of * carefully drawn bill, which In tr oduce a number el Im. thflfa&ing changes In the educational organisation of that State. ■ KgpPP -.1 " - ■' < - r‘.' :5 Tf|f- btats bgsool sYsifiMB ; LsaraLAtros, aw* isoe-s. -•ft 1 " niR. ion (1906) : Under code, secs. 2746. 2745, 2772, conferring on fthool twiflrAa discretion to adopt and promulgate rules for the proper govern- 'ZTJvfX a rite* adopted win not be interfered Wthbythe /winrta nniPftH it 1b bo far unreasonable as to amount to an abuse of discretion.— Klnxer v. Directors of Independent School Dlst of Marlon, 10 \rh*»ther a rule adopted by a school boa for the violation of which a within the Jurisdiction of the board conferred by code, secs. 2772, 2782, authorising the board to mu ke rules and regulations for the government e^^WChools and to expel students for ' was a question which was mle»>b£ by the courts and as to which the party aggrieved was not limited to au appeal to the county superintendent— Ibid. The remedy for review of proceedings of a school-board, either ns t to law or fact, with referenceto a subject within the board's Jurisdiction and as to which It is vested with a discretion is by app^rtto the county superintendent of schools, provided for by code, sec. *18- lr- k i- , ♦ r»17 w.— ... (1906) • In tbe absence of a statute granting such power, a board of^docntlon of a city of tbe second class has no rigid to establish se m- rate schools for white and colored children, nud hag no right to exclude a colored pupil from nuy public school od the ground alone that such p^rfB ^S^rtwrlgSt t>. Board of Education of City of Coffey vllle, 84 P., 382. nifl nom\ • TiiwfL 1889 n. 829. Chap. 227, is a special act providing D1 * SKrf Zp&lfc mhoofa of tbe city of Wichita . * city oMbe tat claw. Htld to render all other provisions of l^e statutes relating to the public schools Inuppllcabjkto the public schools of Wlchlte, and, as it has not been amended o*pealed, does not ““JJ 0 * 1 ** the maintenance of separate schools for the educat on n f W chita Ol colored chlldren.-Rowles v. Board of Bducatlou of City of W.chita, 91 P 88. In the absence of statutory authority the board of education of^i'Clty of Wichita has no right to exclude a child by reason of Its color from ( an y public school of the city.— Ibid. 18. Kentucky: See enactment tfo. 133, 20 *. i % Kentucky: Creating an educational commission, defining Us powers and duties, and providing for Its expenses. , 44 Sso. 2. Said commission shall consist of the governor, the superin- tendent of public instruction, one member of the senate to be chosen by the senate, ^upon the passage and approval of this net. one member of ttt^UK of renresentattves to be chosen by tbe house of representatives upon the ptrtsnge and approval of this act, oue woman to t>e cliosen bj tlm Kentu^y Federatlon of Women's Clqba, the president of the State University, the president of the Eastern State Normal School, the preeb don't of rile Western State Normal School, one representative of the 4oSlegee of Kentucky, one superintendent of city echools an^ne super lntendent,of county schools. The three members last named shall be aoDolnted by the governor upon the passage and approval of Is act. ^superintendent of public Instruction shall ex officio be chairman of tte relllwTon t All vacancies that may occur by resignation or other-, wise shall.be filled by the governof." “ 8rc. 4. It shall be the .doty of tbe educational eomaWon to make a thorough Investigation oi the whole school system and a ' l ^ uc ^, tlonai Interest! of Kentucky and the laws under which the same are organised ar$ operated; to make a'comparatlfe study of such other ' school systems as may seem advisable \nd to submit to the nex\ geperal assembly a rfeport embracing such snggeatlons, recommendations, _ re- Alstons, additions, corrections, and amendments as the commission shall deem nsceesarf." ^ Chip. 66, Mat. IT, 1908. i ■ v "■ I ™ ADMINIB'tKATFTB OONTE 8Ul»E&VlB!0K. D2L Kentucky (1906) : Act March 22, 1904, p. 181, dhap. 86, prohibiting main- tenance of institution of learning for white and negro races, held within police power, and valid— Berea College v. Commonwealth (94 8. W.), 623. Act March 22* 1904, p. 181, chap. 85, prohibiting branches of institution of learning within 25 miles of each other for white and colored persons, held not * ithln police power.— Ibid. Act March 22, 1904, p. 181, chap. 85. prohibiting maintenance of insti- tutions of learning for both white and colored persona, held not a depri- vation of equal protection of law, or of due fffocess of law. — Ibid . • The right to teach white and negro children In a private school at the same time and place la not a property right — Ibid* The Supreme Court of the United States, in the case of Berea College v. The Commonwealth of Kentucky, In error to the court of appeatSof the State of Kentucky, gave judgment as follows (1908* : “The act of 1904 forbids 4 any person, corporation, or association of i>ersons to maintain or operate nuy college,’ etc. Such a statute may conflict with the Federal Constitution in denying to iudlvlAials powers which they may rightfully exercise, and yet, at the same time, be valid as to a corporation created by the State. “ It may be said that the court of appeals sustained the validity of this section of the statute, both against individuals and corporations. It ruled that the legislation was within the power of the State, and that the State might rightfully thua restrain all Individuals, corporations, and associations, * * * “The stutute is dearly separable and may be vnlid as to one class while invalid as to another. Even If It were conceded that ltsjassertlon of iK>wer over Individuals can not be sustalne^^gtill It must be upheld ao far as It restrains corporations. • * * ^ “ We need concern ourselves only with whether the first section can be upheld as coming within the ixdM^Hk State over its own corporate creatures. We are of opinion • * ^ that It does come wlthlu that power^aud on this ground the judgment of the court of ap- peals of Kentucky Is affirmed." — 89 U. S., Ct. Rep., 33. D22. Kentucky (1007) : The determination of the cases of extreme emergency within Ky. St. 1903, sec. 4428, providing thnt no school district established fdtall Include less than 45 pupil children, except in cases of extreme emergency. Is confided, in the first Instance to the county superintendent, who acts Judicially, and, lu ease be errs, au nppeal*nmy be prosecuted to the superintendent of public Instruction, and, when these officials ♦lmve determined that nn extreme emergency exists, the courts can not interfere unless the power to act did not exist for want of notice re- quired by aec. 4472, or unless the power was manifestly abused. — Ulvlden i\ Trustees of Common School Diet. No, 54, 102 S, W M 1191 ; 81 Ky. Law Kep., 033. 23. Louisiana: Preventing school officials and public school teachers from act- ing ns agents for or receiving gifts, rebates, commlB^ons, or f^es frdm Individuals or companies that manufacture, handle, or sell any kind of school books, school supplies, school furniture, or school building mate- ■ rial, and providing penalties for same. Acf No. 287, July 9, 1908. Massachusetts: Providing for the printing of 1,200 additional copies of the report of the commission on ^Industrial education. 0 Resolves, chap. 75, May 3, 1907. Massachusetts : * Amending sec. 178, chap. 102, Revised Laws, 1902, as amended by sec. 5, chap. 460, acta, 1904, relative to licenses and municipal regulations of exhibitions, shows, and amusements. Adding clause exempting entertainments given In public school build- logs by and for the benefit of the pupils and. under the supervision of the school authorities from the requirement for license. ^ Chap, 809, Apr, 18, IflOT. i -Jtj ... /i nV* /• 25 . • S6 STATE SCHOOL SYSTEMS : LEGISLATION, BTC., 1906-8. D 28. Massachusetts (1906) : Where a school committee determined to close a school because of lack of pupils. It would be presumed. In the absence of evidence to the contrary, that the committee acted In i good faith, and that their Judgment was correct. — Morse t?. Ashley (79 N. h*.), 481. 27 . Michigan: Provision concerning education In proposed new constitution (Adopted, November 3, 1908) : Article XI. * , EDUCATION. * 44 Section 1. Religion, morality nud knowledge being necessary to good government and the happiness of mankind, schools and the means of edu- cation shall forever be encouraged.” ‘’The above preamble Is a quotation from the Ordinance of 1787. It Is deemed a fitting introduction to this article.” ** Sec, 2. A superintendent of putillc instruction shall bo elected at the regular election to beheld on the first Monday in April, nineteen hundred nine, and every second year thereafter. He shall hold office for a i>eriod of two years from the flrHt day of July following his election and until his successor Is elected and qualified. He shall have general supervts ion of public instruction in the state. He shall be a member and secretary of the stato board of education. He shall be ex-offlclo a member _ or nil other boards having control of puhHe instruction in any state institution, with the •right to speak but not to vote. His duties and cOn>i>ensutioii shall be prescribed by'law ** This Beet Ion takes the place of sec. 1. art. XIII of t^e present conatltu- TbS' propoaltlonfi 8 tu^make oB?! o'f ^'peVlmemlent >nst nu;|tc>ri elective at the April election, to make him a member of the state boarii or education and other educational boards are not found in the eilBllntf < 0 ^ n 8 „,_ tutlon The flrBt change 1 b designed to place his selection on the same S the ^“tlon of regent, and judges, and the second Is a recognition of certain present statutory provisions,' 44 Sfc 3 There shall be a board of regen ts of the university, consisting of eight members, who shall hold the office for eight years. There shall '.be elected at each regular biennial spring election two members o ' such board. When a vaeincy shall occur In the office of regent It shall be filled by appointment of the governor.” ••No change !■ made from aec. 0, art. XIII of the preaont coimtltutlon, except to Improve the phraaeology ind to eliminate obsolete piatte.. •• Sec. 4. The regents of the university and their successors In office ahull continue to Constitute the body corjioratelByjwu as ‘ 1 he Hegents o the University of Michigan/” "No change from ace. 7. art. XIII of the present constitution, except to Improve the phrenology.” '“•Sec 5. The regents of the university shall, as often as necessary, elect a president of the university. The president of the university and the superintendent of public instruction shall *be ex-offleto members of the board of regents, with the privilege of speaking but not of voting. The president shill preside at the meetings of the board nn ^ £ rl “‘ cipal executive officer of the university. The board of regents shall hava the general supervision of the university and the direction and control of all expenditures from the university funds.” „ ehantfe from sec. 8; Art/ XIII bf the preaent constitution except to im- nmvM the nfraaeoloET ani make tbefsopcrlntendent of*publlc instruction an * regents with the power of .peaking but not of v^ttog Tt im. dwmrf des reb™tbat the superintendent be given the ♦»m. itutlon to^S« Wd of Kgsnts m he now occupies to the other educe- tional boards of the eUte,” 1 8 *e. el The state board of education ahall consist of four members. On the first Monday In April, nineteen hundred nine, and at each suc- ceeding biennial wring election, there shall be elected one metnber of such board who shall hold hla office for six years from the first day of July following hla election. The atate board of education ahall have general mm ADMINISTRATIVE CONTROL. AND SUPERVISION. supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law.'* '' “Ho change from jec. 0. Art XIII of the present constitution, except to ,! provide for tne election of members of said board at the spring election, and to Improve the phraseology. Reference to the superintendent of public Instruction Is omitted, but by the provisions of section 2 of this article be U ' mode one of the members of said board." “ Sec. 7. There shall be elected on the first Monday in April, nine- teen hundred nine, a state board of agriculture to consist of six members, two of whom shall hold the office for’ two years, two for four years and two for six years. At every regular biennial spring election thereafter, there shall be elected two members whose term of office shall be six years. The members thus elected and their successors in office aha 11 be a body T ^corporate to be known as * The State IJoard of Agriculture.* ’* “This Is a new section making the state board of agriculture a constitu- tional board, elected by the people. Instead of a statutory board appointed by the governor as it has existed since 1801. The object of the change U to make It a non partisan board as near as may be and secure Its permanence. « Sec. 8. The state board ot agriculture shall, as often as necessary, elect a prestdeut of the agricultural college, who sliail be ex-officio a member of the board with the privilege of speaking but not of vdting. v He shall preside at the meetings of the board and be the principal execu- tive officer of the college. The board shull have the general supervision of the college and the direction and control of all agricultural college funds; and shall i>erform such other duties as may be prescribed by law.'* "This Is also a new section, supplementary to the DrecedJng one. Its purpose Is to define the organisation, power ana duties of the state board bf agriculture." « Sec. 9. The legislature shall continue a system of primary schools # whereby every school district lu the state shall provide for the educa- tion of Its pupils without charge for tuition; and till Instruction in such schools shall he conducted In the English language. If any schbol dis- trict shall neglect to malntalu a school within Its borders as prescribed by law for at least five months lu each year, or to. pro vide for the educa- , tlon of Its pupils in another district or districts for an equal period, It shall be deprived for the ensuing year of Its proitortlon of the primary school Interest fuud." / "This section rover* sees. 4 and, B, Art. XIII of the present constitution. The change made Is to the effect that if any school district doea nfit maintain a school for five months In each year, tnatead of three months aa now provided, such district shall forfeit Its proportion of the * primary school Inteteat fund.* Instead of the ‘ income of the primary school Interest fund and of all funds arising from taxes for the support of schools,' as uow provided. The purpose of the Increase from three to five months Is to provide for the better education of the young, and the provision as to forfeiture Is changed ao as to exclude everything except the primary acflbol Interest fund. The provision for the educattonvof pupllB In another district than .t hat of their residence la to accommodate sparsely populated school districts." “ Sec.- 10. The legislature shall maintain the university, the college of mines, the state agricultural college, the state . normal college, and such Btate normal schools and other educational Institutions as may be established by law." "This is a new section and renders It mandatory upon the legislature to maintain the educational Institutions therein specified.' " sec. 11, The proceeds from the Bales of all lands that have been or hereafter may be granted by the United States to the state for educa- j tional purposes and the proceeds of all lands or other property given by Individuals or appropriated by the state for like purposes shall be and remain a perpetual fund, the interest and Income of which, together with the rents of all such lands as may remain unsold, shall be inviolably ] appropriated and annually applied to the specific objects of the original .] gift, grant or appropriation.'* A “No change from tec. 2, Art XIII of the present constitution." ■'} M 8®a 12.' All lands, t£e titles to which shall fail from a defect of heirs, shall escheat to the state, and the Interest on the clear proceeds from tba *. * q sales thereof shall be appropriated exclusively to the support of the ^ primary schools.'* . ^ “ N* change from sac. 8, Art XUl of tho present constitution.' is The legislature shall appropriate all Balt spring ^nflai now unappropriated. °r»he“oney 1 /tm'da'or lan^wMch may ai^opr lifted 'for* such purpose, tor the support and maintenance of the agricultural college. Certain ob^.e prorHIon.rel.tlve.o ^^.nbM-hrnem tural college, which appeal jj Uctlon* The hallcltod wordi ' funds or are omitted In the revision of »ald section, i t0 the purpose are Inserted to secure appropriated funds as wen •■r„. The .eg, s, a, ore M * of at least one library »> ' «*>> aud townsbtps for any breach SttfKS lav^^hall be exclnswely applied to the support of such libraries. yiiT of the preseDl constltu- " This section takes the place of sec. I --Art - •cities’ and the ellml- tlon. the only change being the n JVi „ wl«i f <> rde r ed by the township board of ZX the use ot such fund, for library purposes exclusively.” * ■■ No change JhiAnI' ' for Vlie maWnK'a'coiiatltul^onal : ‘".hfi clan, of Jnfor.ua.nw a- well a, the -ibera D 28. Montlna (lOOT) : Session counties. — livers r. Hudson. tK P- 4tt2 * , * ww i held n nmmlate to the loplMnt ire to esmT.rsh C n Zumn , sch.a.ls.' etc’ not a Hub, nil leRtalatlve l-er to provide for county free high schools. Ibid. Nevada: Providing for the reorgunioatlon of the sy*,em of school super- vIrImi and maintenance and reeling .»H conflicting acts. Numerous amendments to ofS’S'^ ss X5ss!ns h ^ o? sm.o “r ; r for each. of the ^ ^ teachers, sue., to organising the plan of exiiml education and the Ixinnl of edu- & under the d^tlonofsbite bomArt ej.oont f ^ 81iperlnt eudent of catlonnl examine^ crent^, BtnU , M .|>ool tax from 5 cents to r;: r ^"r r « ^ r ,«‘.r cnt of s,l,te 8Ch001 n,oncyB ' using number of teachers n8 J^J n ^ 2l R Mnr. 29, 1907. (Aug. 1, 1907.) 80 New Jersey: Amending sec. 120. chap. 1. acts. 1003 (sp. sess.. Oct. 15). "“ng 0 buS°i^ TOnven'l'eiiee' > of school buildings, togethe^lth f rnlture snu N i n t tB Innients access thereto. and wurses >dy sutbal m toe * for wltbln nf all DUOlls between the ages of o ana /u ywu». school district or by transportation of pup s. m Mgy 7> 190T , D81. New Jersey (1905) = 0® " 1 ^f^Hc s&oofto whlch e the ft chlldren of - B “ rt of Bducstloa of City of Burlington, t» A^ 1W1. m - . ■ . . STATE SCHOOL SYSTEMS*. LEGISLATION , ETC., 1906-8. 80 Waddick v. Merrell, 26 Ohio Or. Ct. R., 437. n or, ohlo / 10041 • Act Apr. 25, 1004, attempting to re-create and legalize ape- dnl schcad districts theretofore existing, was violative of const Itu ion art Kl. providing that all laws of a general nature shall have a unlforw^peYatlon throughout the State.-State v. Hickman. 27 Ohio Clr. . ct. Rm 210. 0 *°' sK ii’S SflSJ 1 !: BOWS’ S™,. IS iilllM wctol •«> •“ “*«"• '• State, 75 N. E., 1)30 ; 73 Ohio Stat, 54. , r»ai Ohio (10071 • Whether a rule or regulation adopted by a board of ednoa- affirming Judgment (1905] 29 Ohio Clr. ( t. R* 3 * . 42 . Oklahoma: Constitutional provisions <■ concerning education (adopted Sept. 17. 1907) : _ Article SCITT. 4 » EDUCATION. „ arrTinK •, The legislature shall establish and maintain a system of ^rSaSliSSfil: Btrued to mean children of African de»^nt. me ^fl^tVe^^Ulature'Xil provide for the compulsory attendance at some public or other school, wh^arewnnd In mind andbody, ^SSU^SSt '^ixtr y^rsTfor at least three months in The supervision of Instrucyon In P ub '|f tl ^V^"p^ of,text t>ookt for the common schools of tfre f^tate. ^ « p. TO tor prorWoa corawtrtfi* ■ obo ° l Und* ADMINISTRATIVE CONTROL AND SUPERVISION. 81 “Sec. 7. The legislature shall provide for the teaching of the elements 'of agriculture, horticulture, stock feeding, and domestic science In the common school* of the State.” I 43. Oklahoma: Making It an offense punishable by fine and removal from office for a by executive, legislative, ministerial, or judicial officer of this State, district, county, city, or other munlcljml subdivision of the State, to appoint or vote for the appointment of any person related to him by * affinity or consanguinity withlu the third degree, to any clerkship! office, position, employment, or duty lu any department of the government of Which such executive, legislative, ministerial, or judicial officer may be a member; or any j>erson so related to any other such officer in considera- tion of the appointment or vote for the appointment by such other officer of any {>erson so related to the officer making or voting for such apiKdnt- ment ; prntfetdtlng the payment of any such Ineligible person out of any public funtlft, and providing for suitable punishment and removal from office for the violation of this act. Including *uiblic-seh] trustees, officers, and hoards of managers of the State University nml its several branches, and state normal schools within the enumerated list of officials to whom act applies. Chap. GO, S. U. 300, p, 573, May 8, 1908. 44V Oklahoma: Providing for separate schools and school officers for the white and colored races, and fixing n pennlty for the violation thereof. Ihiflnlng " white” and "colored” schools. Providing for separate hoards of school officers for each, a ad, prescribing inanities for teachers violating provisions for separate schools. Prescribing maintenance of private sc heads on separate basis, and prohibiting white persons from attending colored schools or colleges. Chap. 77* II. B. 305. p. 094. May 5, 1908. D 15. Oklahoma i 19(H): Act March 8, 1901 (acts, 1901, j>. 205, c. 28, art 9), providing for separate Schools for white and colored children, and that school houses sha/l be built by the county; but that it shall be at no ex {tense on neemmi thereof, but the school district shall keep such In repair, and the county shall* be at no exi>enRo where districts at the * jmssago of the net have sehoolhouses fot* that class of children, white or i colored, that are fewer In number In the district. Is not unconstitutional because . Board of Commissioners of Klnfctlsher C 'untyJ 78 P., 456, 14 Okl., 322. umt^/ ' 40. Oregon; Authorizing superintendent of public Instruction to annotate'. and compile the school laws of the State. * • , H. Jt. Rea. No. 17, p. 504, Fob. 20, 1907. 47. Pennsylvania: Providing for the appointment of a commission by the gov- ernor, for tho purjH)se of a mend 1 tig, revising, and collating the laws , touching upon the pjibllc schools of the State, and for the further puri>oee of suggesting new legislation for. the welfare of said schools, and making , au appropriation of $6,000 to meet the cxinuises of said commission. Jt. Rea. No. 140, May 8, 1907. 4a Pennsylvania: Appropriating fl,750 for tie payment of the expenses of the senatorial oopuntttee appointed Mar. 1&, 1907, for the purpose of »p»king 82 STATE SCHOOL SYBTBMS; LEGISLATION , ETC., 1909-8. an investigation of the school syst*n of the first school district of Pennsyl- vanla upon complaints of the citizens there0 £ ct No< 3(J8i Juile 13 190 7. I) 49. .Pennsylvania (1900) : A decision of school directors that ^^In chU- dreu arc not residents of the district and entitled to attend school then can not be reviewed by a court and Jury.-Comroouwealtb v. Wenner, > 01 A., 247 ; 211 Penn., G37. ' * 50. Tennessee: Creating a joint legislative committee of feven to report on legislation with reference to a uniform system of public hclmols. * p. 2237, Feb. 2, 190 1. 51. Virginia: Amending un.l rcenactlng'sec. 1472, co'de. 1994. ns amended, rein- the to school officers and teachers not having any pecuniary lntm . schoolbooks, appliances, fnrnlture, or supplies; exceptions; neither sc i< or corporation officers to discount warrants. Excepting merchants selling In tlio regular course of business hunks selected and adopted by the state board of edw-atlon.^ ^ ^ ^ 52 Virginia: Providing for a commission to devise n stable method for 'he * '"maintenance, management, nnd expansion of the educational Instlnulons of the State. nn Commission of seven. Including four ex|w.-lcnced educators, to in. np- pointed by governor. lte[H,rt next session. ^ Mar K! j, kK 53 Washington: Creating a commission to revise nnd recodify the code of public Instruction, defining Its lowers and duties, nnd nmking nn appro- prlatlon. * lti * riM ^ Iteiort to legislature of 1008. Mnxlnmm V2, 1907: 54. West Virginia: Amending and reenacting chop. 49, code, 19WT relative to . education. 0 n, np . 27, Mar. 0, 1908. 65. Wisconsin: Relating to grentfcr harmony tetwoen state nnd national edu- cation. , , a*.*. • “ Whereas. Education Is nt the basis of nil progress In our country " Whereat, We have In the States not yet touched uixm the great prob- ' l6 “ HVc°w,^e wopiTnUon of the State nn.l tuition Is nu.ro needed now than ever because of the great mass of Immigration flow. eg Into this the Federal ConatHutleh-einiawerluit Cenitresa te ]m«" aa,| establishing n harmonious system of education and to ostnb isn ssss ii-i> -»h .he ■ — \srz “ssa's-ss- ably exercised. — Shite v. District Board of School l).lst. No. 1. ... 232. ' .This measure revise* the .ntlre school low of the But* I« «“•*>« 2 ™ l^dawslfled^inan if« VhiT'^merou "* W tte dots of Ud. bulktta. for oonpl«t« tsit of dsdslon. ADMINISTRATIVE CONTROL AND SUPERVISION. 88 57, Wisconsin: Proposing amendment to sec. 3, art. 10, of the constitution, relating to the school age. Filing school age 6 to 20 (formerly 4 to 20). Jt. Res. No. 23, p. 1288, 1907. (b) State Boards and Officers. The legislation of the biennium concerning state ^boards and officers continues to display a continued etftleavor to increase their efficiency nml ex*pand therr influence, especially so in the case of the state super- intendent of public instruction. In evidence of this may be pointed out the enactments in Arizona (59), Louisiana (72), Maine (i4), Mississippi (70), Montana (81 ), Pennsylvania (0b), Utah (105), ^ Virginia (107), ‘Washington (100), providing for considerably in- r reused salaries for this officer, as well lyPthe enactments in Arizona (60), (61 ), Connecticut (G5) f North Dakota (ft'O^Khod' 1 Isftuul (08), (00), Utah (10-1), Vermont (106), Washington (110), ami Wisconsin (114), (11.)) , providing for increased sums for clerical expenses ffhd increased compensation for assistants, deputies, and inspectors. The new code of West Virginia (54) provided for a state board of education. California proposed a constitutional amendment rela- tive to the constitution of the state board of education, so as to permit of the wider representation of the several educational interests of the State. Massachusetts (76) amended the act creating the commission on industrial education, passed in 1906, so as to admit the appointment of. one woman. Even a brief review of the legislation of this group would include specific mention of the organization of state text -hook commissions in Idaho (68) , Jlontana (80), Nevrfla (82), ami Oklahoma (93). The interpretations placed by/ the highest courts of Maryland (I) 75) and New York (D 87), SD 88), upon the statutes regulat- ing the powers of state hoards Aid state superintendents will have a tendency to dignify as well as increase the responsibility of these officers. The decision in the caie of the $tate of Florida r. Bryan (I) 67) was of much important}! to the higher educational interests of that State. * 58. Alabama: Sec enactment Vo. //4j. 511 . Arizona: Amending see. 19, uct No. $), acta, 1903, relative to the office and Hillary of eiiporinUuideut of public lust met ion. Increasing annual salary £riyci $ 1,800 to See. 8, chap. 67, Mur. 21, 1907. (July 1, 1907). $2,00i 00. Arizona: Amending lubdlv. 6, sec. 17, net duties of superintendents of public Instruct h Increasfug allowance for printing annual ] Sec. 9, chap. 67, Ma; *0. 89, acta, 1903, relative* to Lon. report from $350 to $500. , . 2b 1907. (July 1, 1007). 63470—00 8 84 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1900-8, 61. Arizona: Amending subdiv. 4, hoc. 17, act No. Si*, nets, lMl, relative to the duties of tin* Kii|H*riiitoml**iit of public Instruction. I Mining in greater detail duties regarding the preparation, printing and furnishing of blauk forms. reg Inters, cert Bhuttos, courses of study, examination tpiostionH, etc. Increasing annuat nllotvance for same from $XOO to „ ^ 14, chap. 1*7, Mar. -1, 1!M*7. ( ,T tily 1, V.H)i ), p> (V Arkansas illNtT) : Tudor constitution . 1^7-1. art. UK see. IP. making it tin* duty of the general assembly to iVovhle by law for the support of Insti- tutions for the education of the dcuf, dumb. and blind, and f"r the treat uuMit of the insane, the legisln litre hml power to make the superintendent of the Arkansas School for the Blind a public oilieer, notwithstanding MV . P, forbidding the general assemhly to iroate any permanent state • otli(s*s not pro\ ided for in the const itutiou. Lucas t . I* u t ra II, BhI S. \\\, 007. tKt. California: Proposing amcmimctit to sih*. 7. art. 0 (constitution, l s *P. as / amended Nov. 0, 1*91), relative to stale and county hoards nf education, t •hanging eonmosition of state hoard of r.lncnYum so ns hi provide for wiiler representation of the se\cral educational Interests of the Stntiv-j ,lt. Res,, chap. Id. .p. 1309. Ma r. U. BM)i. lh’feated. Novemher, RUIN, 64. California: Amending see. I political code, Bum*.. relative to flu* duties of tin* siijirriuteudent of puhlic instruction. UelH.rt of total minibi’f of children in State between H and 17 years of uuv tola* made to the controller in August t formerly duly 1. Chafr. r»;i. Mar. 1. 1 '.*><. 6T). Connecticut: Amending sec 1*11. statutes, BH>2, as amended by chap. -**1, puldlc acts, P.HiA, concerning the salary of the chief cli^k of the state I 1 h >a rd of edm ii I ion. Increasing nmimiim salary alto\v|^ front $B son to Chap. Nfti r. 20, l'»7. 66. Connecticut: Uep^lmK sn*. 134. statutes, 1902; chaps. . and o«*. acts. P.HKl; and chaps. *Jt i ami 29, arts, BMC., emavruing the printing of public doeutneuts. Fixing number of primed rejHtrls of nil state oliieers and hoards, t’oimiilssiiiiier of th<- srh.H.l fim.l, I.ikih n.|.i.'s : Mm.' l."«r«7. Florida (1003): l-aw». 1005. diap. 53M. nholUhlup tlio l'lopia AgrMil- I mill College. olHciMllv A 1007 ADMINISTRATIVE CONTROL AND' SUPERVISION. 86 *■ 1. Kansas: Amending w*o. 0487, statutes, 1001, relative to State text-book coi miskiun.,. Nut mure than live i formerly three) of the eight members to he of on I xili lion I imrtv. Chap. 22S, MaV. 0, 1D07. *j. Louisiana: Proposing an amendment to nVt. 24!l, constitution, relating to tin; uii in* * if the suite superintendent of piddle education. Iucreasitig annual Compensation fro in $2.oini meat of parish school direct- ors. and l lir making of rules and regulations for the gnvermneut^of public schools. Preference to he given n^Loiusiium i>ttbllentloUH In ndopt- Aet No. 2:il, July 8, l!NkS. ilig text-hooks. 7-1. Maine : Increasing lift* salary of state superintendent of schools and further drlining' his duties. Annual salary lived at S2..VM) 1 fornufty i?l .oi'ki, chap. 2n7, acts, 1SS1); ser. t. chap. 1 Pi. ltevised Laws. P.MidL Aetiml cash e\|H*ases incurred In. the’ p'ltoriuance of ntlWual duties to he paid mu of hi Keltic' appropria- tion. oilicial duties p> be performed ntihe suat "f government. Clmp. 171, Mar. 27, P.IOT. I 7 1a. Maryland: Amending see. 171*. clmp. 280, acts, IhnT., relative to assistant _ superintendent of public instruct loll, ^ Increasing annual compensation from .$1.7(1 hi to $2 .(hh1. . (’Imp. 4!M, p. 228, Apr. S, ItHlS. I»7a. Maryland HOW) : Code Cub. Con. I.n\vs, 1001, art. 77, see. 11, prnyidln/^^ that* the state hoard of education shafl, to the best of their ahility, cause the provisions of the article to he carried Into efToe (had, constituted a valid exercise of legislative power, utnl conferred vlsltorial |H»\Vers on sta ll state hoard of (‘ducat ion over school matters In the State. — Cmlor- wond r. ltoard of County School t ’otmaissiotiers ut Ih lnec George County, t;:t A. 221, 102 Md., 1 SI ; Nally r. Underwood, id. Tii. Massachusetts: St r enactment .Vo. USU. 77. Minnesota: Providing for a board for the investment of die imriunnent school, permanent university, and other permanent trust funds. . Delining membership and 1 Havers. Chap. 240, Apr. 22, 1007. 7Sw Minnesota: , ICstnhllshlng a state hoard of visitors for the public Institutions In the Stale, Providing for constitution of Iwnird. Applies to charitable and cor- rectional institutions. Clmp. .441, Apr. 28, 190i. 7h. Mississippi: Fixing the salary of the state superintendent of education. Increasing amuial salary from $2,000 to $2,800. (Amending clmp. 124, laws, 11XVI, stH’. 4470, code, P.HXh) ' Clmp. 148, Keb. 20, 11)08. 80. Montana: See enactment No. 1J$8. ^ ■ . ? 1 ^ -.' , '~% > » TV -- r ’ *■ ' ' r " % * i ■j* • ••* Vrfhjt o Jg k STATB 6&O0L SYSTEMS! LEGISLATION, BTO., lSfw-S. 1 81, Montana: Amending sec. 1T16, political code, 1805, relative to aalary of superintendent of public Instruction, Increasing annual salary from $2,500 to $3,000. ^ ^ Chap 116, Mar. 0, 1907. '*Jan., 1909.) 62. Nevada: Bee enactment No. 11 49. S3. New Jersey: Creating * department of public reports. Pro v id Inc for a commissioner, and prescribing salary and dut ies. AH official reports to be examined, edited, and indexed. Approval of rei>orts before printing. ‘ ctap . 211 , Apr . 13 . 1908. D84 New Jersey (1905) : Under nets. 1902, p. 72, sec. 10, the state superin- tendent of schools has power to decide all controversies under the seboj 1 laws as to the election of members of the board of education of certain municipalities! subject to appeal to the state board of education.-Du Fourt*. State Supt. of Public Instruction. 61 A., -08. 85. New Mexico: Bee enactment No. UW> 86. New York: Bee enactment No. 1595, D87 New .York (1906):° While no express authority was given the state superintendent of public instruction under ^Consolidated School Ia\v, Laws. 1894 i>. 1181, chan. 556, to establish regulations as to the manage- mentof public schools, he has the power to make suHi regulations as are consonant with the general -purpose of the statute jind not inconsistent with the laws of the state.— O’Connor t*. Hendrick, < » >. uiA, A regulation of the superintendent of public instruction prohibiting tencherf^u public schools from wearing a distinctly religious garb while teaching therein is a reasonable and valid exercise of the powers con* f^red upon him to establish regulations as, to the management of pub ic schools, because the influence of such apparel Is distinctly sectarian, and the prohibition Is in accord with the public policy of the state, a9 ^J{\ ^ in institution, art. 9. sec. 4, forbidding the use of property or credit of the state in the aid of sectarian influences.— /bid. D88* New Y’ork (1908):° The jurisdiction of the commission of education * applies to thd common schools of cities of the second class, including the city of Troy, so that an appeal from nn order dismissing a proceeding to remove n superintendent of schools of such city was pro]>erly taken to 8Xc^mnS“under laws, 1894, p. U81, chap. 550. ns amended by laws 1904 P. 94, chap. 40, conferring on the commissioner of education the powers and duties of superintendent of public instruction v exercised by such superintendent, including the power to determine such - appeals— Harri^ t\ Draper, 109 N. Y. Sup., 983. Under laws, 1894, p. llSl, chap. 550, as amended by laws, 1WM, p. 94. chap 40 conferring on the commissioner of educatlpn authority to hear * of any person considering himself aggrieved in consequence of aSr^islon of a board of education with reference to the common schools of the state, it. is the duty of the commissioner that he is la fact a party aggrieved by the decision appealed from. — Ibid, 89. North Dakotas. Providing for the payment of the necessary expenses of state officers, a Unwin? AtAtA superintendent among other state officers $500 ter ex- p^^cn^ ln St«harge of duties. To be paid quarter!, without flllnc lt*bl*ed statement , Chflp . 30. Mar. 4, 1907. • 8h *’ tftceat dociilons,’’ at the d ooe of this bulletin, for compute text of decision. ADMINISTRATIVE CONTROL ANtf tf UVUnSXON • *=3R? ! 8T*^' 90. North Dakota: Amending sec. 747, Revised Codes, 1905, relative to quali- fications of state superintendent of public Instruction. Most be the holier of a state certificate of the highest grade Issued In the state (formerly, some state). Sec. 1, chap. 95, Mar. 19, 1907. 91. North Dakota: Requiring the governor to furnish each legislative assembly a financial and statistical rei>ort on st:;te institutions. Prescribing Items of Buch reports, requirlug trustees of institutions to furnish data demanded by the governor, and providing for~l>ayn>ent of clerical nud printing costs. Chap. 233, Mar. 19, 1907. 92. Ohio: Providing for an investigation of charges agaLnst members of the board of state school examiners and the state eamin issiouer of common schools. S. J^-Res. 55, p. *620, Feb. 6, 1908. 93. Oklahoma: See enactment Xo. 1151 . eriMendcnts of public instruction. Raising salary of state superintendent from $4,000 to $5,000, and fixing that of deputies at $2,000 per year. - Act No. 71, Apr. 15, 1907. 97. Pennsylvania: Amending par. X, sec. 1, No. 130, actR, 1905, regulating the publication, binding, and distribution of public documents. Authorizing the publication annually of 5,000 additional copies of the report of the superintendent of public tustructiou, and 15,000 additional conies, bienuiallv, of school laws aud decisions. - Act No. 201, May 28, 1907.^ 98. Rhode Island: Amending sec. 1, chap. 978, acts, 1891 (see. 2, chap. 52, General Laws, 1896), relative to clerical assistance for the commissioner of public schools. _ Chap. 1473, Apr. 23, 1907. 99. Rhode. Island: Amending sec. 14, chat>. 51, General Inws, 1896, relative to state board of educattop. Members and secretary of board to be paid /necessary expenses incurred In discharge of official duties. Chap. 1534, Apr. 21. 1908. 100. South tJgkoU: Repealing chap. 22, Revised Political Code, 1903 (chap. 113, laws, 1901), chaps. 75, 120, 127, 128, 129, 130, 131, 132, and 133, laws. 1908, and chape. 68, 99, 100, 102, 103, ftS, and 102, laws, 1905, relat- ing to public education ; and establishing a uniform system of education for the state. ( prescribing the powers and duties of the superintendent of public In* sanction, and providing for the Issuance, renewal, validation, and . : ''.-.a iA-jfrL.I * F' ! B1 rB BOHOOXi systems: lbgihlation, etc ■1"^ M BTO-i 1906 - 6 . 101 . acts, 1873. relative to > revocaMon of state certificates and life diplomas V 1 teach by such officer. Providing for. the election, qualifications, and graded compenraflon of* county superintendents of schools; prescribing the general and special powers and duties of such officers. Providing for the organization and govemment'of school district for the election, qualification^ Mmpensa- tion officers, powers,- and duties of district school boards. Deflulug the il y«r^nth, and day, and providing for the conditions of employ- Wt anTgen^al duties of teachers. Providing for. the compulsory education of children ; for the Issuance of school bonds, for the organiza- tion and government of independent school districts in cities, towns, and adjacent territory, fqr Bchool libraries, and for township high schools. Providlng also for the organization of a county board of education for the purMpeof selecting and adopting unifortu text-books, bundry other provisioiK chap. 135i Uar 13 _ 1907 Tennessee: Amending subsec. 12, sed. 2o, the duties of the state superintendent. Providing for biennial (formerly annual) reports to the governor. Statistical tables to be printed annually. ^ ^ Mar ^ 302. Texas: See enactment V o. 115 3. 308. Utah: See enactment Vo. 1160 . 104 Utah: Amending sec. 1774, Revised Statutes, 1808, ns amended by chap. Mi Laws, 1901, relative to the election of state sui>erlntendent of public. ‘ instruction, his qualifications, and the appointment and compensation of hi 8 deputy. Deputy superintendent to be paid traveling expenses (formerlj $100 per annum) ; to represent superintendent at 4 \ ne ^ 1 r te ^ 4 11)07t 106. Utah: Amending sec. 1, chap. 73, Laws, 1901, relative to the salaries of certain state -officers. IU , 4 .. Increasing annual salary of state superlnt undent of public instruction . ■ from *1,800 to *2,400. chnp * 2 . Mar . 14 , 100 7. 106 Vermont: Amending in a minor manner sec. 4. act No. 9, acts. 1S88 (sec. 697, chap. 32, Public Statutes, 1894), relative to expenses of superintend- ent of- education. Sec. 3. No. 43, Dec. 1906. (Apr. 1, 190i.) 107. Virginia: Appropriating the public revenue for the two fiscal years end- ing Feb. 28, 1909, and Feb. 28, 1910. Increasing annual compensation of state superintendent from *2,800 to I8JS00 (p. 423). Increasing authorized annual aniouub foi Rummer normal institutes from *6.000 to *15.000. Approprlattng*100.(«0 annu- ally for high schools ; *20, (XX) annual maximum for Mtabilahment of departments of agriculture, domestic economy, and manual training In at least one high school In each Uar . 14 , 1908 . 108. Virginia: Amending and reenacting secs, 1433 and 1438, Code, 1904, as amended, relative to the dutles-of the state board of education. •JSSd W SfaS r nT b k^ m tS? ♦Iw^fordwXu 80 .uperintmden?^ BacepUoua Requiring division superintendents of ^M^dlfylM JSvStoclnsl^ to discharge ofjlutlM of office, pce^ona. Mod y ng conditions relative to the adoption a^cj>a*g> u, 1908. ■ .. '**•''■* , J ' ' ' , * * i MIKI6TEATTV2 CONTROL AKD BUPERVTBTOH. fid 109. Washington : Fixing the annual salaries of the* several state officers and providing the manner of payment. Salary of superintendent of public Instruction fixed at $3,000. Chap'. ,04, Mar. 9, 1907. 110. Washington: Amending sec. 22, chap. 118, Ijiwa, 1897 (Code of Public Instruction), relative to the j*owers and duties of the superintendent of public instruction. * \ Annual rejKirts; traveling excuses. Making superintendent ex officio member jof state board of higher education. Comity 6U|>erlntendent to attend annual convention; mileage. Kasls of apportionment of school funds. Sec. ^ chap. 240, Ma” 18, 1907. Hi, Washington : Amending sCc. 24, chap. 118, I>nw8, 1807 (( 'xle of Public Instruction ) , relative to the state hoard of education. Deputy snperlniendent to be-secretury of hoard. Sec. 2, chap. 240, Mar. JS, 1907,. 112. Washington: Amending see. 27, chap. 118. 1S97 (Cerintondeut secretary of board; defining his duties. Deputy suiKM-lntendcnt to act as luapector of accredited a’ boo is. ings of board. 113. Meet- Sec. 4. chap. 240, Mar. 18, 1907. 114. Wisconsin : Appropriating $500 for library, nnd njnterial and apparatus for lectures in the office of t lie state swi|>orintendent of public Instruction. .Chap. 103, May l. r », 1907. 115. Wisconsin: Amending sec. 170, Statutes, 1S9S. relating to the Hilaries of , • persons employed in the office of state suiterinteudent of public Instruc- tion; amending see. 11. chap. 430. Law* 1901 ; amending chap. 499. Iawb, 1900; rti>euHiig see. 3, chap. 297, I^aWs, 1899. rrov’.dingMur two additional stenographers iu the state superintendent's ° ave ' Chop. 472, July 2. 1907. i (c) County BoarjH and Officer*. fhe legislative enactments relating to oounty boards and officers imiy be roughly divided into three groups. I- irst, are those relative to the qualifications: Minnesota (139), New Mexico (145), North Dakota (150), (151), and Virginia (173), and those relative to the increased compensation :/lJlorid^ (125), Missouri (141), South Caro- lina -(158)* Virginia (108), and West Virginia (180), of county superintendents of schools. Within this subdivision.might properly come those relating to increased traveling expenses and clerical assist- ance lor that officer: .Minnesota (136.), Montana (142), New Jersey (144), and North DakoU (162). , - ■- - H rf 40 BTATE SCHOOL SYSTEMS : LEGISLATION, BTC., 1908-8. Second, are those enactments relative to the organization and super- vision of education on the basis of the county as a imit. Arkansas (120) and Texas (166) adopted a permissive plan county super- vision.' Kentucky reorganized the system of common schools, making the county the basal unit. North Carolina (148) and Tennessee (162 ^provided for the organization of county boards of education. Third, are those providing for the organization of so-called county . school-board conventions: Oregon (155) and 'Washington (liti). The enactments of these two States increase to seven the number of States that have established these annual meetings of the officers and the members of tty boards of the various school districts in every county, with the signiicant provisions of obligatory attendance and nominal compensation No mpvement in public-school organization and administration se|ijw»-to^romise so much for the future develop- ment of the efficiency of ^he rural school as does this one relative to the school-board conventions. 116. Alabama: Amending sec. 10, act No. 365, p. 289, Laws, 1903, providing for the redlstrlctiDg and management of the public schools. Defining eligibility for membershp on cotinty board of education. Providing for payment of Incidental expenses of county board of educu- ' tl0 °' sec. 3, act No. 35* p. 480, July 17, 1907. ( Sec. 1712, Code, 1907.) 117. Alabama: Amending sec. 17, act No. 305, p. 289. Uws. 1903. providing for the mllstrictiflg and management of the public schools. Changing method of filling vacancies in county boards of education and district boards of trustees. - Sec. 5, act No. 358, p. 481, July 17, 1907. (Sec. 1*14. Code, 190*,) P 118 . Alabama (1906): Utjder Laws, 1903, p. 292, sec. 11* relating to the re- districting of public schools, providing that the county boards of educa on shall haves the entire control of the public schools within their r^spetthe counties unless otherwise provided by 7 law, and shall make rules and * regulations tm the government of the schools, see thut the t *" ch f r ® form their dJties, and exercise such powers consistent with the law, as, in their Judgment, will best Bubserve the cause of education, the matter of the location of schools -in the several districts does not come within the powers conferred on the district trustees, tmt such power belongs to the county board. — Gibson v. ^iabrey, 40 So., 297. itf. Arizona: Amending subdiv. 13. par. 2140 (Bee. 20), chap. 4, tit. 10, Re- vised Statutes, 1901, relative to duties of county superintendent of , schools, ' Providing that county superintendent must visit and examine each echool in the county at least twice each year (formerly twice cAch year \for counties of the first class and once each term for others). Ten % dollars. deduction from salary for failure to visit any schools. — ■ -Trovlding for visitation by deputy in certain cases. Inaeuslng maxi- mum allowance for traveling expenses from 9imto*2BQ. fcec. 7, chap. 67, Mar. 21, 1907. (July 1, 1907.) 120. Arkansas: Creating the office of connty superintendent Providing for referendum vote in counties upon question of county ,. supervision. Providing for the election, qualifications, salaries, powers* and dupes of county superintendent^ County superintendent to super- ^de county examiner. ^ ^ ^ ^ ^ ^ JL ADMINISTRATIVE CONTROL AND SUPERVISION. 41 121. California: Amending sec. 1T70. Political Code, 1906, relative to duties Of county boards of education. Providing that county boards of education shall meet semiannually instead of annually. Examination of applicants for certificates to teach to be held at the semiannual meetings. Chap. 156, Mar. 0, 190<, 12 * 2 . California: Repealing and reenacting with amendments tit. A part 4. Political Code, 1900, relative to the establishment of a uniform system of county and township governments. Chap. 7, pp. JjlO-$n.—no pnrtment of education. The superintendent of schools' and board of education to have the lowers and i**xforw the duties prescribed by law. The school department to comprise such pub- lic schools us are established and provided for by the Political t ode, ('hap. W t p. // 1 5 ff.— Salaries. Prescribing. among those of other county otoeexs, salaries of county suiwrintyndents of schools and county boards of Idncation, for the several (57) classes of counties. , Chap. 2S2, Mar. IS, 1907. 1 * 2 ;*. Delaware: Providing a fund for cowLty superintendents of Schools to pay necessary ^ponses of visiting schools.* Annual appropriation of $300 to each minty superintendent. \ Chap. 37, Mar. 21, lOOfN^ 124. Florida: Amending see. 344. Statutes, 11*00, relative to the compensation of the numbers of county school tKihrds. Increasing compensation from two to four dollars per day, for each dav's sort ice. * i Chap. 5656 (No. 61), May 2i, 190<. 125. Florida: Regulating salaries of county superintendents of public* liifitrue- tion. , Salaries to be based ui»on the total annual reeeipts of each county for school purposes including special school district taxes, and excepting bor- rowed mouev. _ , Chap. 565$ TNo. 63). June 3. 1907. (July 1, 190i.) 126. Idaho: Amending sec. 14, H. It. No. 161. 1-aws, 1899, establishing ihe office of county superintendent of public instruction and prescribing the 'duties thereof. Allowing county superintendent, for the examination of teachers, not/' to 'exceed two lisslstnnts, who shall receive four dollars j>er day. 8. B. No. 30, i). 32.3, Mnr. 13, 1907. 127. Illinois: Amending s(V. 21, art. 2, p. 267, nets, 18S9, relative to powers and duties of county superintendent. Modifying method of apportionment and distribution of principal, In- terest; and profit on public funds, . 11 n wui ti r .01 \fn v 17 1907. 1)128. Indiana (1907) : fl Bums’ Ann. St. 1901, sec. 5005f, empowering the county superintendent of schools to revoke a teacher’s llceuse for desig- nated grounds, ftoM not in conflict with constitution, art. 1, sec. 12.- Stone i\ Fritts, 82 N. E., 792. Statutes conferring on a ministerial officer power to Issue and to revoke licenses are not Invalid, and do uot clothe such officer with Judicial i power.— /bfcf. j Bums’ Ann. St. 1901, see. 5905f, empowering ‘couuty suiierlntendents of schools to revoke teachers’ liceuses, held not to confer on the super- intendent Judicial power in violation of constitution, art* 3.— Ibid. ] ■ 8m “ Recent decisions," at the close of this buUstln, for complete text of de cis i on. 42 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1W6-8. w r , 1 og Iowa (1906) ' Where a hoard of high school directors had power to adopt and promulgate a rule prohibiting the playing of football by pupils of the high school, finding by the board that ]n*tltloner had \iolnt<(l the rule and that Ills apology tendered vvns Insufficient to purge his were revlewable only by appeal to the county superintendent, as prm Ided bv ('ode, Sec. 2818.— Klnzer r. Directors of IndeiKMident School Dist. of Marlon, 105 N. W., 080. n 130 Iow»a/o 7): Under acts, Thirty-first General Assembly ,'p. S7, chap. r»o (i/aete, 1906, taking effect October 1, following, expressly repealing Code. bscs. l>7:tr,-‘_>737. relating to teachers' certificates Issued by t*t county su|ierlntei«lent. etc., and prescribing that the county superintendent shall be the bolder of a first-grade certificate or n state certificate or a lawful diploma, and providing for the Issuance of first- grade certificates to persons complying with specified conditions, and for the renewals of a first-grade certificate Issued prior to the taking effect of the act on the holder thereof complying with sink-MimI conditions, etc., one holding a two-years’ certificate Issued August 30. 19tK>, under sec. 2737, Is not eligible to the office of comity suiieriutendont. State r, Huegle, 112 N. W\, 234. J 131. Kansas: Repealing and enacting substitute for boo. 1, chap. 202, Ijuvb, 1003, relative to county suiHTlntendents of public instruction. * Omitting holders of a second-grade certificate from among those eligible. Chap. 107, Mar. 9, 190..* . % 132. Kansas: Repealing and reenacting with amendments sec. 3. <-lmp. 432, Ijiws, 1903. relative to the comivensHtion of county high school trustees. Payment to be made from county hfgh school fund instead of from countV treasury. - cha ,, ^ g 1007 . 133. Kentucky: Relative to the government and regulation of the common schools. Making the county the unit of school organization and government. Providing for the division of counties into educational divisions and the further subdivision of the latter into snhdistrlrts. subdistriots not to in- clude. except In cases of emergency, fewer than 50 white children o school age. nor in any case fewer than 40 such children. Providing for the election of one trustee for each subdlstrlct. for the organization of division hoards therefrom and the duties thereof. Constituting the chair- men of the several educational division boards in each county, together with the countv superintendent of schools, as a county hoard of eduen 'ti°n. and prescribing the powers, duties, compensation, etc., thereof. I rovldlnj* for the establishment and supjmrt of couuty hign'sclumls Chap. 50, Mar. 24, 190S. 134. Michigan: Amending sec. 2. act No. 147, acts, 1891 (sec. 4809, Compiled Laws, 1897), as umeuded by No. 35, acts, 1901, and by No. 109, acts, 19o.i, relative to the election of county commissioner of schools. Making ^lal provision for I^ke County.^ ^ ^ ^ ^ ^ 185. Michigan: Amending se5r 8, act No, 147, acts, 1S01 (sec. 4S15, Compiled Laws, 1897), relative to the duties of the county commissioner of schools. Prescriptions concerning records of meetings and hearing of the hoard * of examiners; calls for special meetings; rentfrts of school vlsla ion. Providing in districts of over 120 schools for the appointment of visiting assistants by commissioner; In other districts appointment with consent of board of supervisors. ^ Authorising examinations and auditing of books and records of any school district at any time when no directed by the anperlntendent of public Instruction or upon application of any school board. Other minor revision*, . Act jjo. 127 j une 5i ioo7. ADMINISTRATIVE CONTROL AND SUPERVISION. 43 130*. Minnesota: Authorizing county boards to audit and allow traveling ex- penses of county superintendents Of schools and assistants. Chap. 33, Mar. 8, 1907. \ 137. Minnesota: Creating county boards of education for unorganized territory and defining scoik? and i>owers. Chap. 76, Mur. 28. 1907. 13S. Minnesota: Amending see. 1390, Revised Caws, 11Kb, relative to examina- tions liy the state high school board. Providing for the upiwiutment of not to exceed one assistant to the county superintendent for each township (formerly, one for each four townships). * Chap. 341, Apr. 23, 1907. 139*. Minnesota: Proposing an amendment to sec. 7, art 7, state. constitution (1857) , relative to eligibility to office. Excepting county Biij>erintendents and * prescribing ^ such qualifications i * as may be required by the legislature. Chap. 480, Apr. 24, 1907. I>efeated, November, 190.8. 140. Missouri: See enactment -Vo. //) 7. 141. Missouri: Amending sot;. 9813, art^ 1, clmp. 154, Revised Statutes, 1899, relative to conflwnsatlon of county superintendent of schools. Increasing annual comixmsatlon in couqtles wherein the number of children of school age Is 9,v>00 and less than 14.000, from $900 to $1,000; in counties wherein the number of children of school age Is 14,000 or more, from $1,000 to $1,500. H. IV No. 031, p. 432, Mar. 20, 19077 142. Montana: Allowing traveling expenses of county su|»erlntendent of schools. Authorizing annual a Mown nee of $300. Chap. 27, Feb. 21, 1907. 143. Nevada: See enactment .Vo. 29. 144. New Jersey: Providing and furnishing an office for county superintendents of schools at the county seats. Authorizing animal appropriation of $!VK4 in each count j for clerical assistance to said officer. . * Chap. 31^ Apr. 16, 1908. 145. New Mexico: crmc/mcat .Vo. $2. 140. New Mexico: Amending sec. 1527. Compiled Laws, 1S07, relative to the duties of county sui>erlntomlents of schools In re»i>ect to new school districts. Providing for the selection of school directors by county sui>orlntettdent ,n Certal “ CaB ~- • Chap. 99. Mar. 21. 1907. 147, North Carolina: Appointing certain arsons as members of the county board #f cduentlon lu the several counties of the State. (ihap. 260, Mar. 11, 1907. 148. North Carolina: Constituting school committees and prescribing power*, duties, and qualifications. Defining duties of county board of education and prescribing qualifica- tions and minimum salary ($40) of high school teachers. Providing for attendance of pupils upon, existing high schools and for the payjnent of tuition from school funds. State aid equal to amount of local appropriation ; maximum aid $000. Schools not to be established In fAwni ir : 44 STATE SCHOOL 8Y8TEMB : LEGISLATION, ETC., 1906-8. aSSSSSS ZTmSSo ZV^ot high school Instruction and teachers’ trulutng. . chap. S20, Mar. 8. 1!>07. 14U. North Carolina: Amending sec. 41S4, chap. 80. Itevlsiil. V.Kin. rclatiu' to •countv boards of education. . Providing that nmmal reiK.rts of officers shall he foiovaide.l t<> the State sui>erlutendeiit within thirty daya^fter J ;, 1;k(T . lfA). North Dakota: Amending sec. ITS, Devised C(«les. 190.', rclathe to tin qualifications of comity su|*erlnteiulents of schools. Prescribing two years successful exiierlcnce. one In the State (fornieib. three years experience In the State). ^ 2 ^ ap (J5 Ma ' r , p,*> 7 . ' 1B1 North Dakota: Amending sec. TOO. Revised Codes, IIKs*, relative to ,pmli- flcatlons to vote at school elections and eligibility to *chool offltvs. sec. 2. chap. 95. Mar. 19. 1907.) ^ c ,, m , ir , Mnr . 1; i. i; K )7. 152*. North Dakota: Amending see. 777. Devised Codes. 1905, relative to sal- ary and deputy of county auiierlntemlents. Making siH-clal provision for additional deputies In counties having a population of thirty ttunpand and over. ^ , 153. Ohio: Repealing and reenacting with amendments sec. Statutes (1905), relative to the cdmpensatlon of the clerks of the hoards of county school examiners. Comiiensation of clerks to he the same as that fixed by s. no, Apr. ir>, llKis. 154. Ohio: Repealing and reenacting with amendments sec. 40,.>. Ho ImhI utes (1005), relative to compensation of county school examine^* Regrading compensation as based piH)n number of applicants for ex- amination, s n 415( p# 240 , Apr. 00, 1008. 155 Oregon: Providing for cMflrlct school board conventions, for represeuta- yrCnonrx 1 ^ .«.■ • • . , . l. -.m until annroved by the county superintendent. ^No^cCl dlstrlcSl be entitled to wmpensation for rets resentollon tor attendee at more than one convention held In. the county during any one year.” 35i Fe b. ie, 190T. W ADMINISTRATIVE CONTROL. AND SUPERVISION. 45 156. Oregon: Repealing sees. 3300, 33G1, 3362, 3377, and 3395, Bellinger and Cot ton’s Annotated Codes and Statutes, 1901, and repealing H. B. No, 126, p. 99, Laws, 1903, relative to school officers and school funds, and enacting substitute. Sundry minor amendments relative to education providing for the distribution of the school funds within the counties, defining the powers and duties of county school superintendents and their relations with touchers and district, county, and state officers. creating district boundary boards and county Ivoards of examiners, fixing the (nullifica- tions of teachers, etc. ... SiMM-ial provisions concerning disorganization of districts failing to inn in t h In n public school for two years, or contiiinlnc Ions than six clilldron of school iibp. ( hap, 116, l eb, 23, 190*. i:,7. Pennsylvania: He|K*nling and reenacting with a more comprehensive title act Nii, 166, nets, .1903, ns amended by net No. lo.", acts, 190;», provid- ing for tin* establishment of comity associations of school directors and for tin* payment of certain excuses Incident thereto, by the re«i>ectlve sclmtd districts and counties of the commonwealth. Removing question of constitutionality by nddhig to Uie^ldc. ir,s. South Carolina: Fixing the amount of the compensation to be paid to the cuiinty officers of tin* xnrions counties. w Providing for a smlc of eonqienKation for the omiuty officers of the several counties. Including county superintendents. 1 Act No. 27o, p. r.u2, I-Vb. Is, 190.. South < arolina: I'm :.. r am,Mi,bi, K w. 123!>. Civil Cot*. 1WI!, r-lHtlve to 139. 160- the sa.c of boohs by county superintendents. Adding certain towns and counties to the except cd list. Chap. 51 1 , l eb. 26, 1903. South Carolina: Amending sec. 1200. Civil Code. 1902,' relat i^V county J hoards of education. Increasing for the county i*f Dorchester the number of days f.-r which a per diem may he allowed for the county hoard of education from seven u ‘"' rimp. r,-js. r,>b. it. r.Kis. 161. South Dakota: See enactment No. too. 16° Tennessee: Creating In each county n county Vard of education ami dis- trict advisory boards, and prescribing their titles, and abolishing the utliee of district directors. Froviding for the division of each county Into five school districts, each . to ho composed of wffiole civil districts: for the creation, lowers and duties of n county board of education, composed of one representative rroTn each of the tin* districts; county superintendent to be secretary of (Entity board, rroviding for local or advisory boards of three members for each civil dlsu i 't and prescribing lowers nml duties. Exempting city schools and certain counties from operation of ’net. Chap. 230, Apr. 0. 190*. (July 1, 1907.) 103. Tennessee: Amending secs, 2 and 3, chap. 234, Act# 1905, relative to the county board of education (applies to Uuderdale County alone —inunda- tion 2f,971.) . . - Minor amendment regarding time until which district cl wk shall act as member of Inmrd. Removing provision concerning Ineligibility of Jus- tices of the peace as members of county board of education. Chap. 348, Apr. 11, lwi. S* " 46 BTATE SCHOOL SYSTEMS : LEGISLATION , ETC., lfiOO-«. C - r lftt Tennessee: Amending sec. 10. chap. 25. acts, 1873, establishing and main- taining an uniform system of public schools. / , Pi-pHtlne In counties having a* population of not less than 20, -oO nor more than 29,300, a countv board of education. Prescribing the constitu- tion and powers aud duties thereof; the qualifications and^comitensatlon of members. C hn P . 301. Apr. 12. 1007. 165. Tennessee: Creating and establishing a board of education for l>nvidson ' County; providing for the election ami remofal of members: . prescribing their powers, duties, qualifications, and compensation; establishing and maintaining a uniform system of public schools throughout said county; and abolishing the office of district school director. County board of education of seven members to be " P<“ _o * county court for term of three years. Ibis board to bate full . P'*' e contro1 of u, “ imt,UC "Xp 447.'lpri2 i'.K)7. (.Tune 30. 1907.) 166. Texas: Amending secs. 30, 37, and 40, chap. 124, acts, 190.>, relative to \ county RuiKTvislou of schools. Providing for the election of county superintendents in enmities lm '* In, J . hmtltides. Regulating and Inereash.g compensation of county superintendents. chap lllt Apr . pi, p,K)7. 167 Utah: Amending sec. 13, chap. 107, Laws, 1905, relative to the compensa- ' tlon and traveling expenses of members of boards of education in < ountj school districts of the lirst class (formerly $ 3001 . Fixing Fixing animal compensation at $300 | (formerly $50). annual allovvanco for traveling expenses at 4^Z V 11^7. 168 Utah: Amending sec. 1785, Revised Statutes, 1J?». as amended b, chap. 64 laws, l(K)r>, relative to the duties of county superintendents. String on. duty of prescribing course of study for district schools (see chap. 57, en'nofment No. 1160). ^ ^ Mar . , 4> li>0 7. 169. Utah: Amending secs. 1 and 4. chap. 107, Laws, 1905, relative to county itnhool districts of the first class. trlcHt'shnfbbek^TOind/wd^^ Amendliig man- ner of election « f **‘ ml>erB of thC b ° anI ° f chip.113. Mar. 13. 1907. ' 170. Virginia: See enactment .Vo. 108. 171 Virginia: Repealing sec. 1508, Code, 1904, relatl* to dfclslon *perln- tendent. Indorsing and depositing warrants wife tbs ^ 172. Virginia: Amending and reenacting, secs. 613 and 614, Code, 1904, relative to the compensation of city and county treasurers for receiving and dis- bursing funds. chap. 244 Mar . 13i loos. 178. Virginia: Amending and reenacting sec. 1437. Code, 1904, relative to dlvl- ^Ma^SwJage Tn^ny othet business or employment, unless excepted , under provisions of sec. .1433. ^ p#rt)j Mar 14( 1908 , ADMINISTRATIVE CONTROL AND SUPERVISION. 47 174 . , ,Mar. 1904, % relative to 17(1. Virginia: Amending and reenacting s*ec. 1438, Code, 1904, as amended, relative to salary of division suiMTlntendentH of schools Striking out minimum limitation of $200. SpecUiI provisions. , , Chap. 292 Mn part) (/ Mar. 14, 1903.^ Virginia: Amending rfnd reenacting Fee. 1518, Code, Vomit y treuHuVer*’ acconn.ty of sc 1 km 4 funds. si Clini). 309 (In part), Mar. 14, 1908. Virginia: Amending and reonnetlug chap. 137, acts. 1900, requiring the several county jmd district school boards to make anil publish annually n statement of receipts and disbursements, and providing penalty for failure. * Modifying conditions as to publication and form of report. Report to be bv districts. . * , Clmp. 310, Mar. 14, 1908. '7 \77. Virginia: Providing the commissions that shall be allowed county treas- j * urers uj>on funds handled by them that are raised by the Issuance and l sale of county bonds and school district bonds. Fixing commission at nne : fourth of 1 per cent. Minimum compensa- tion $15, maximum $250. Chap. 312, Mar. 14, 1908. ITS. Virginia: Amending and reenacting aec. 1447, Code, i904, relative to . powers and duties of county school hoards 1 Property vested in and managed by county hoards to hr hide property for district school purposes. Provisions regnrdlng use of funds below $2 000 Chap. 393, Mar. 14, 1908. 179*. Washington: Supplementing the Code of Public Instruction (chap. 118, : Ijiws, 1897) by adding seV 33$, relative 1 to duties of county superlu- . • tendon Is. / Providing that each county superintendent shall each year hold one or more directors* mootings, the cxihmiso of which shall be paid by county commissioners. Maximum expenditure, $1 county auiterlut undent a engaging In teach- ing. Clmp. 58, Feb. 20, 1907. 1S1. \Vl8Conaih: Sir enactment .Vo. It. 7J. \ r \ ^ V fd) District, Township, and Municipal Boards and Officers. Aside \rom the few enactments relative to the qualification%ienure, and powdrs of superintendents of schools, Louisiana, 1 (203), (204), ' Missouri (6223), Rhode Island (240), and Vermont (2(05), this group .contains but little of general interest. By the creation of a “ service fund,” Ohil (23G) tnade a definite and important provision for the expenses of \nembcrs of boards of education actual^ incurred in the » performance\of their duties; this service fund m^y equal 5 cents • !i ' 48 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 190&-8. for each child enrolled in the public schools. Of equal importance are the somewhat similar measures, .Ohio (239) , providing compensa- tion at the rate of “two dollars for each meeting actually attended for not more than ten meetings in any one year, _for members of township boards of education, and We.st A irg.ma (2m). While local and particular in. their application, the several special acts relative to the reorganization of the educational systems o -nine of the’ medium-sized cities are of concern to those interested in the solution of the problems of the political control of public schools as presented by our modern municipalities. The charter revisions or the specialis'd, icational acts for Al(n,e>h, (185), Br Report (18. , Augusta, Me. (208). Cambridge 1(2101. Syracuse (2 l. ) Knoxville (258) , Nashville (259), San Antonio (201). Dallas (lO-) , and Mil- waukee (283), may be selected for special mention.. 1 he school-board act for Milwaukee was made necessary by the declared unijonsti- tutionality of the act of 1905, Wisconsin (D 2ST), (D 288) The decisions the Arkansas (P 184) and Ohio (D 211 ) supreine courts, ns to the right of local boards\of education to demand that children be vaccinated as a condition for entrance to the public schools, and the decision of the Illinois (D 195) sppro.no court as. to the right of the board of education of the city of Chicago to male rules and regulations prohibiting high-school fraternities, call also for special mention. 182 Arizona: Amending subdlv. 4. par. 2200 (sec. 77. chftp. «, tit. 19), Kevisol «» ^ - r -- tlon in districts having an 0 L " 2 ^ !'ln7yV.%>7.) j 1”".'“““ •"W"'" 1 ™ 'J 1 "" VKl!' Mn"r AiVl’ iJuly H. 1007.) / d ».i. = ',r;:„ : .,KoC thnf the pupils Lhftil present n certlfleate of n reputable physician slum- ) Special School Dlst. of Little ItoA 10-1 S. W, 130. 185 °ssx rC“..nlv.' s Prcscrl bl ng” Towers^ ail d^tl>?U es ^of Tjoa rd . Providing foT^rlntend^ entTwhUa rtid defining his duties. Providing for teachers annuity fUn<1 'Ben. Oon. Res, No. 2, chap. 7. Feb. 7, 1907 (art. 6, PP. 10#M*4). ■■ : - ^ ■ - ■ ~ J ^ ■; 1 — ” — ■ — 1 1,1 1 — ADMINISTRATIVE * CONTROL AND SUPERVISION. 49 l> 186. California (1905)-i^ superintendent of schools is n county officer. whoBe duties art* prescribed 1 >>■ Pol. (’ode, sin*. 1543, and additional tlutlec ran uojultc i in | a > sy the county superintendent. — McKenzie i\ Hoard of Education of City and County of San Francisco.— Ibid . ^7 ) is? Californio ( HKKI1 l>u\ver to IKS. The mnnidpnl eoriiorution net confers on cities the employ a sii|K*r)nteudcut of sdiools. which jMtwer lias imcfFect been nth need In Pol. Code, secs. 1533, 1559. I T»4H 101b, Bdj. 1714, 17HS, 1S5S, 1*74, and Stut. 1!H)3, p. 3 Ss, rhap. —7 * >, secs. 3. 5. s.— I>nvltlsmi r. I hi Id win, s-4 IV. 33s. , St. 1140V p. ms. rhap. 11. amending tin* city charter of San Diego. hy providing gwmyulty forlhu school system of the dty, and for the consti- tution of a hStod of education, in whirl) " the government " of the school district shall he vested. autimri7.es tin* seined hoard to olwt a' city super - iuteudent of sehools. whose salary may be tlxisl as authorized hy Pol. Code. sec. 1793. -Davidson iVHnidwin. S4 IV, 23N. ronnecticut: Concerning election of members of town school committees and school visitors. • Providing for the dd-tlon ami term of office of said school officers whenever the number shall have been rhnuged to three. , Applying pt*o\)sions of stt’. 2. chap, 97, Acts. 1fntT». • * - Cbap. 39, Apr. 17, 1907. Is9. Connecticut: Revising the charter of the city of Hrhlgeport. Sscs was unconstitutional did not oust the trustees from office. nor did Aids, 1906. p. 61. nmemllng the act of 1905, being a curative act, have such effect. — (irlffin n. Brooks, 59 8. EL, ' 902. * Idaho: Amending see. 1, act of Fob. 4, l£Kl (p. 369, 1881), creating the Independent school district of Itoise Cify, 4 *nd providing for estab- lishing and maintaining n graded school therein (sec. 158, Special and Local Laws of Idaho, Feb. 10. 1887) ; and providing for the orgnnizagpn and government of the Independent school district of Boise City, and for^ 63470 — 09 ^4 _ . , # WhT BTC., 18»-8. • establishing and maintaining high and graded Bchools *" e '“ “ snnertntendent therefor; and providing for changing the boundary lines “ and enl^lng said district and assessing and collecting the taxes therefor. g R No 16 p 7i Feb . i 5 , 1907. 193. Idaho: Amending sec. 45. H. B. No. 42, I*ws. 1899, estab.'sh.ngandmal^ taming a system of free schools, and relating to powers and duties of boards of school trustees. _ m ^ ' rr^ C rlblng r0 dutl"s of" clerks with reference to form and matter of F Th£l census to be taken first Tuesday In S .ember Instead of firs. ** Idhflmum "school age raised 13. dOOl/ iiiinnu norm • The boardof school inspectors Is a branch of the city s ««“ <’• 01* ««■ «*"•-. 82 N E., 225 ; 229 III., 225. D 196. Illinois (1908):- The exercise of «hi e power education of Chl ,?f hp ^" the . adopted pursuai i t hn ^?W—.iii no * t>e interfered with by the court!' zgrsssx aapz . ■*,»- **»• tlon of Chicago (lib), 84 N. E., 39i. sr rs r.”£St« TrtT of tbc wrt of of sra, srasa . rss&f - — • 7-- ra 7,, ^r.„r r tlon. — 'Agar r. Pagln, 79 N. E„ 379. with which It may have entered into n<^Wtract or may be about to ( so. — Agar t?. Pagin, 79 N. E., 379. 198. Iowa: Amending sec. 2771, Code Supplement, 1902, relative to the filling of vacancies bn school boards. '* County superintendent to call s|>eclal election If there be no secretary of the board. chap. 180, Apr. 4, 1907. - Ratifying the official acts and proceedings of boards of education In cities of the second class of over 10,000 Inhabitants. Chap. 243, Feb. 15, nun. ^^t^rtrtws,” yt thecl^ ofttds ^Usl^.to AapHte teat «t ADMIOTSTBATTVS CONTROL AND 200. Kansas: Amending secs. 9 and 10, art. 7, chap. ^122, laws, 1876 (sets. 0782. 67 S3, Statutes, 1905), relative to union or graded -school districts. Providing that boards of directors , of single districts establishing graded schools shall have the management of such schools. Changing r time of annual meeting. £hap. 331, Mar. 9, 1907. I) 201. Kentucky (1905) : The school board of a city may not Insist that, on grounds of public policy, it can not be sued because it is an agent of the state; Ky. St., 1903, sec. 29-49, authorizing it to he -sued.— Oberdorfer r. I»nl&vllle School Hoard, *5 S. W., 096; 27 Ky. Uw Hep., 508. 202. Louisiana: Authorizing jwrlsh boards of school directors to donate to the 1’nited States of America right of way for the purpose of constructing, operating, and maintaining canals for transportation purposes or to fa- cilitate the public waterways. Act No. 14, June 15, 1908. 200*. Louisiana: A mead in g and reenacting sec. S, act No, 107, arts, 1904, as amending and reeuactlng sec. 9, act No. 214, acts, 1902, relative to the . , i>ower of parish boards of school directors. Prescribing certificate of eligibility for iiarisli su|>erlatendents. Civlng* such superintendents |mwer to nominate teachers, and to recommend number of schools, repairs, etc. Striking out provision concerning com* i>euRntlon of members of board. Act No. 49. June 20, 1908. ^ 204*. Louisiana: Amending and reenacting sec. 05, act No. 214, Acts,* 1902, relative to school treasurers. Pnrlsh sui>erintendent of schools (formerly parish treasurer) to be school treasurer. 1 Art 232. Jul^ 8. 1908 1)205. Louisiana (1907) : Where the governor removed the members of a par- ish Behind board from office and a pointed n new board the old board, being unwilling to surrender iK>RRessloti of their office, could not be dts- IKwsessod by the exercise of the i>ower of removal and the appintment of their successors, but only by an Intrusion into office suit.— Jackson r. Powell, 44 So., (189; 119 La.. 882; In re Powell /rf. * Where the members of a iwrish school hoard were sought to be re- moved from office by the exercise of the governor's removal |n»ver and the apiKdntmont of* a new board ns their successors, the members of the old board were entitled to protect their l^sscssion ctf the office by Injunction.— Jackson r. Powell.— fMd. 200. Maine: See enactment V6. (66. 207. Maine: Amending sec. 2, chop. 465, Private and Special Laws, 1§68, pro- ^ vidlnc for the election of a sui>erinteudlng school committee and superin- tendent of schools in the city of I^ewiston, Adding provision for the appintment of trnant officers by the superin- tending school committee, and emiHjwerlng this committee. Instead of city council, to fix the term Rnd salary of the superintendent of schools and the truant officers. ' Chan. 129. Private and Special Laws, Feb. 26, 1907, 208, Maine: Establishing a board of education in the city of Augusta and pro- viding for a uniform system of schools therein. Creating a hoard of education, consisting of nine members, one from each of thfe eight wards and the president of the trustees of the Cony Female Academy ex officio. Providing for their election (general ward meeting), term (three years), qualifications, powers, and duties of the members for the annual town meeting for the consideration of school v matters and for the discontinuance of existing school offices and districts. Providing for submission of act to city f?r approval. Repealing and amending sundry acts. . ^ Chap, 416, Private and Special Laws, Mar. 26, 1907. ■■yv!' kc, MM. 200. Massachusetts:* Relati ve to Janito rs of public schoolh ouses In the city_ot_ T 210 . Gl^iTto school committee full f^d exclusive authority to appolut. move, and control Janitors of public schoolbouse* ^ Mftr 12 190 - Massachosetts: Amending sec. 4, chap. 364, acta 1891, * . chap. 357, hcts, 1902, and nmeudlng sec. 31, chap. *404. acts, 1801, relatl e j to the school committee of the city of Cambridge. Reducing membership bf school committee from fifteen to five. Uty divided Into three districts ; one member from euch district elected for three years' two members elected from^tfty at large.for three yeftrB. Modifying provision* relative to^powers and dutte* of school committee,- A^ual exr^dttures limited to $5 per thousand dollars of ^ taxu ^ l >r ^ erty. Schoo? committee to have complete charge of school buildings and authority to appoint and remove janitors. Act t6 be tubmitte.d for approval to c/un^rojcrW c6, Ml. « corporate mown .. 112 N. W„ 1028 : 11 Detroit Leg. N., 923. ' S n ™ Michigan (1008) • Ooinp. Laws, sec. 4810, prescribes certain Q™'™?; DM tta.rwS to eligibility to the office of commlmtoner of school^ w nrovl^ that persons who have held the office under the provisions b? 1 TC ' tffl nub acts, 189L of which the section Is- amends - torvahaH be eligible 8ec. 3 (p. 184) of the original act provides ‘bat no tory, shall he » • offlce nnless he possesses certain specified Kcfuona or haB he d Se offl« under the Set. Held, tint the orlgl- S^ ioTlnfficatSi an intention to provide that, onCe elected, a person is ?*L aCt ,!i^ ifrraiht. toth. office, and the same intent la shown by the sS^^sn^sssJSsi -■ ancr me annsuuuwui, » — vr o/a I* w||k 1M N. Ww H-SSW* N *» 217. ADMINISTRATIVE OOKTBQL AND BUVW&tmO** Minnesota: Amending secs. 5 and 6, chap. 289, Laws, 1908, relati ve to the — mTt S tiWRSon of school districts in ernes Daring a population of I6jm Inhabitants or less. In which the city council or common council performs the duties of n board of education. Providing thnt school Inspectors shall be elected at the same time and In the same manner ae city officers. Authorizing board of Inspectors to employ and compensate clerics, physicians, attorneys, truaut officers, etc. Chap. 50, Mar. 16, 1907, 21S. Minnesota: Amending sec. 1328, Revised Laws, 1905, relative to school district treasurers' bonds. Requiring that treasurer’s bond be In a sum equal to twice the amount that will probably come into IiIn hands during any one year; excepting bonds furnished by surety eompauleR, which shall be equal to the probable amount of money. Chap. 95, Apr. 4, 1907. 219. Minnesota: Providing for an lnsi>ector of the books, pai>er8, accounts,* bills, voucher^ nnd other documents or property of townships, villages, cities, and school districts in counties having at any time a population of more tlsui 100,000 and an area of more than 5,000 sqnare miles. Prescribing method of apiwlntment, quu\lflcatlons, compensation, jxmerft, and duties of such ‘* public examiner.*’ Chap. 131, Apr. 9, 1907. 220. Minnesota: Providing. for the examination of the ltooks of accounts nnd nil records of township, village, nnd school district officers throughout the State. Prescribing annual examination by public examiner. Providing for reiKtrts nud compensation of exumlner. 1 , *> ' Chap. 344, Apr. 23, 1907. Minnesota: Amending sec. 1330, Revised Laws, 1905, relative to chairman nf school board. Authorizing clialrnmu to draw onlers In the absone^ Inability, or refusal of the clerk. Office of clerk may he declared vacant Sec. 3, chap. 445, Apr. 25, 1907. :22. Minnesota (1905): Uiws, 1906. \i. 459, chap. 289, providing that in cities containing 19.000 Inhabitants or less, where the city couucll acts as a board nf education. It may be relieved from its duties and a boa** of' school insi>ectors elected, is not unconstitutional, as special legislation in violation of Constitution, art. 4, secs. 33, 3*1. in that the classification as adopted Is arbitrary nnd founded on no substantial distinction, and Is an attempt to regulate the Internal affairs of a single school district.— State t*. Henderson, 100 N. W. 348, 97 Minn., 369. Missouri: See enactment So. ( Extending tenure of office of city superintendents and principals.) ' Nevada: Amending sec. 24, act of March 20, 1865 (chap. 145, Statutes, 1805 -*— a* amended; 6ee. 1203, Compiled Taws. 1900). relatfce to board of school district trustees.* Mollifying organization by providing for the election of a president. Increasing comitehsatlon of clerk. _ Chap. 160, Mar. 29, 190i. New Hampshire: Relating to the time of the election of the suueyntend- 1 ent of schools ^n the city of Portsmouth. (Amending chap. Laws 1885.) .Election to be held In May Instead of In July. * Phan 17(1 Foh. R. 221 . I> 2 223. 224. 225 . .3 'S 4 A m & BTATB* SCHOOL SYSTEMS: LEGISLATION, ETC M 1906-8. 226- New Jersey; Amending sees. 85 and 91, chap. 1, Acts, 1903 Up. sees., Ocj. 15), relative to boards of education. Providing that boards of education shall organise on tbe first Monday in April instead of within ten days of tbe annual meeting; for the ap- pointment and compensation of district clerks, requiring district clerk to give a bond ; and prescribing additional duties. Chap. 119, May 7. 1907. 227. New Jersey: Amending sec. 73, chap. 1, Acts. 1903 (sp. ness.. Oct. relative to boards of school estimate. Adding provision regarding the filling of vacancies. ('bap. 276. Oct. 2S. 1907. D22S. New Jersey (1006) ; The provisions of P. U 1904, sp. seas., p. 21. ^ 53, requiring a municipal board of education to award coiitinrt. for school supplies to the lowest responsible bidder, limits the power of the board, which must make tbe award to such bidder.— Jacobson r. Board id Education of City of Elizabeth, 64 A.. G09. 229. New York: Amending secs. 174-1*3, chap. 26. I-nws, UW5. as amended by - * sec. 16, chap. 3CS, I,aw8, 1SS7, as amended by chap, 18, Lnws, 1889, ns amended by sec. 5, chap. C26. Laws. 1S92. as amended by chaps. 524 and 531, I-awB, 1S93, as ameud-d by secs. 23-27. chap. 950, IJlws, 1895. as n mended by chap. 752, Laws, 1897, and as amended by chap. 48, Laws, 1S98, providing for a department of public instruction in the city "f Syracuse. •• sec. 1. A department of public Instruction lu and for the city of Syracuse Is hereby established. There shall lx* a board of educnt on, composed of seven members, to be culled commissioners of who shall be elected by the electors of the city nt lurce. Said board shall be tbe bead of tbe department of public Instruction, and tbe reprencnti - the of tbe school system of the city In Its entirety. The terms of o n ‘ of said commissioners shall he four years, to commence January first following their election. The first commissioners of education shall be those holding office at the time this net tab's effect, and who shall ^con- tinue to hold their offices until the expiration of the terms for which they were severally elected. Their successors shall be elected nt the biennial city election next preceding the expiration of their respective tvrmH of offloo, lu the siuue unhurt as other vtty otticerH. Snlil vonunls sloners f*ba 11 siTvc w ithout compensation. ,, ' , “Sec. 2. The board shall appoint one of Its members president, vino shall exercise all of the i>o\vers usually Incident to such office, it m;\ 11 appoint, to hold office for a term of four years, unless sooner removed, a clerk who shall |>erforni tbe duties hereinafter si>ecltled nnd shall receive such compensation for his services as shall.be detArmlncd by the . board of estimate and apportionment. It shall also appoint to hold office for a term of four years, unless sooner removed, a suitable person, to be superintendent a t schools, who sbsll exercise the powers and dis- charge the duties hereinafter dettned. and Bliall receive such compensa- tion for his services ns tbfe board of estimate and apportionment may determine. It may also Appoint a sni>erlntendent of reimlrs, and such other subordinates, Including principals, teachers, attendance ^ tr “*" t officers nnd Janitors or Astodlan* of schools ss the public school system of the city mny reqnlr/, and, subject to the approval of the board of estimate and apportionment, shall fix and determine the salaries or com- pensation of all Biich officers, nnd snbordlnsfc* within the appropriation made therefor. The present officers, appointees nnd employees of the board of education shall continue to hold their respective offices daring the terms for which they h«fce been respectively appointed. All appro- priations of public moneys made for the payment of salnrlw nndcom- pensntlon of officers and subordinates of the department ;i ADMINISTRATIVE CONTHOL AND STTNEBVIBtON. j | officer*. The commissioners and subordinate* shall be deemed to be city I officer* of the city, -and shall be subject to all the provisions of law appll- 1 cable to such city officers. ' . „ . . . \ ! ** Sbc. 3. The superintendent of schools and the clerk shall each, before * ! . entering upon the discharge of the duties of his office, execute and file ^ V w ith the city cle/k an official undertaking conditioned upon the faithful j discharge of the duties of his office, In such sum as shall be prescribed ! ' by the common council? such undertakings to be approved as to fop 11 and validity by the corporation counsel, and as to the sufficiency of the j sureties by the mayoK . , ** Sec. 4. The board of education shall have the sole and exclusive government, management, care and control of the public school system of the city, subject only to the general statutes of the State relative to public schools and public school Instruction not inconsistent with the fprtjvistmis of this act It shall have the sole *id exclusive care, cus- tody, control, management and safe keeping of all property owned or used for school purposes. It shall have full power and authority to approve all plans for new school buildings; to make rules and regula- , tions for the government of the schools ^prescribe courses of Study and text-books; provide the schools with neoog&ary apparatus, equipment, ! furniture and supplies; supply the requisite text-books and stationery for the use of the pupils, when required by law; exchange old text- books for new; change the grades of schools and classes therein; dls- j continue or consolidate schools and classes therein, and establish new schools* license and fix standards of qualification as necessary reqrttre- , meats Jfcr service of ad principals and teachers In the schools, which requirements may be higher, but not lower, than the minimum qualifl- * cations required by the general laws of the state; assign and transfer j principals, teachers and pupils to schools and from one school to ; another, and provide for the graduation of all pupils from all gra £ of schools; allow teachers e*tra pay for extra work, and emiTloy and fix the compensation of 6uch extra teachers as may be required, Within \ the appropriation made for teachers* wages; prescribe rules and regula- tions for the admission of nonresident pupils to the schools of the city and fix the tuition to be paid therefor; and shall have all the powers and discharge all the duties conferred or imposed by law upon comm is- jj Rloners of common schools and trustees of the several schbol districts of the State, so far ns the same are applicable to the schools of the city and are not Inconsistent with the provisions of this act In the execution of 1 the powers and authority vested In it the board may establish such rules » and regulations as it may deem necessary for the promotion of the wel- fare and best interests of the public schools and the public school system 1 of the city. The hoard shall administer all moneys appropriated or avall- : able for educational purpose's, provided tlhrt all purchases or expend!- • ' * \ tures made, or expenses or Indebtedness Incurred by said board, or In said ji department, shall be made, audited and paid In the same manner and j subject to the same conditions and limitations as are provided by law for expenditures made by other city departments. The enumeration of spe- i j clflc lowers herein shall not be deemed to exclude or limit the exercise of lowers not *> enumerated. , A A v , , . . j “ Sec 6. It shall be the duty of the superintendent of schools, under the i general supervision and direction of the hoard of education, to visit the .1 h several schools of the city at frequent Intervals; to Inquire into the char- . % acter of the Instruction, management and discipline; to advise and encour- . .j age the pupils and teachers; to enforce the rules and regulations of the a board of educatton; to matntalu and enforce proper discipline In the u management and conduct of the schools, and In connection therewith may ,1 suspend any pupil alleged to be guilty of misconduct or insuDordlnatlon, and may likewise suspend any teacher, principal or employee, but shall • j Immediately report such discipline with bis reasons therefor to the board j of education ; to report to the board of education any inefficiency or mis- a conduct on the part of princlimls, teachers and qmplovees; to supervise 1 the enforcement of the compulsory education law and direct truant of- fleers In the discharge of their duties; to have rles; and to i**tfonp such other duties as delegated to him by the board of education* cuarge or iu% bcuuui uuni' shall be prescribed by ei W w I l % wvv* V;/? $& 8TATB $OHOOL SYSTEMS • LEGISLATION, BTC*, 1S06-C « gao, 6, The clerk shall keep all records of the board and shall have charge, custody and control of the rooms, books, papers, documents and records of the department and shall perform such other duties as shall be required by the board of education. He Is hereby authorized to administer oaths and take affidavits in all matters appertaining to the schools or school system of the city and for that purpose shall possess #11 the pow- ers of a commissioner of deeds but Bhall not be entitled to any of the fees or emoluments thereof. .. - 44 Sec. 7. The'fluperlntendent of repairs shall, under the direction of the board, have charge of keeping lu repair the school buildings, school funil- ture and equipment, heating and other apparatus and appliances for carrying on school work; and for such purposes may, subject to the approval of the board, and within the appropriation made therefor, employ such assistants us may be necessary. .... . 44 Sec. 8 The salaries of all principals nnd teachers shall be regulated so far as practicable, accordlug to merit, grade of class taught, leugth of service in teaching or by a combination of these considerations, in accord- ance with a uniform of 0 schedule. 44 Sec. 9. The board of education shall be the sole trustee of the several school libraries iu said city. It shall provide for the wife-keeping of the same and all the provisions of law relative to district school libraries shall be applicable thereto. It shall be vested with the same discretion 0 as to the disposition of all moueys appropriated by any Iqwb of the state for the purchase of school libraries ns is conferred by law upou the Inhabitants of school districts. ^ . . 44 Sec. 10.’ All appointments to positions of teachers in the public schools of the city, except prluclpals and vice principals of schools, heads of de- nartments of high schools, and special teachers of drawing, music, physical culture, writing, 'sloyd, stenography and domestic science, shall be made from a merit list to be ascertained and established In accordance with snch rules and regulations as the board of education shall prescribe. The applicants on said list shall be grided and classified according t° a combination' of qualifications which shall Include scholarship, ability to teach, experience and ability in school and class room discipline and management, nnd general merit and fitness. No person shall be anointed to the position of principal of a high school or of a grammar school or •teacher In a high school who is not a graduate of a normal school, college or univehrfty recognized by the regents of the nnlverslty»of the State of New Yorl and has not had at least two years’ successful experience iu teaching, and no person shall be appointed us teacher in a grammar school or kindergarten who Is not a graduate of a normal school or who has not pursued a course in i*dagogy in a state training school for at least one year The provisions of this section as to qualifications or eligibility ahall not apply to any principal or teacher now in the employ of the city. « 8ca 11. Text-books shall be furnished free of expense to all the DUDlls of the common schools of said city of all grades below that of high school. Such books shall be and remain the property of the city and the board of education Bhall provide for the care and prereration Of the same. No text-book of which any officer or subordinate of thoses; to superintend the planning and construc- tion of new school buildings; and to dispnse of such real property owned and used for school purposes as shall no longer be required therefor. No school building or addition to n school building shall hereafter be erected until the plans, siKxdticntions and detailed drawings for the same shall have been approved by the superintendent of public works and board of education and tl.eir resistive approvals endorsed thereon. Such plans and specifications shall shmv la detail the ventilation, heat- ing -lighting, plumbing and sanitary arrangements of such buildings. No plan or specifications for'the erection of any school building or addition to a school building shall be approved unless the same shall provide at least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated In each study or recitation room therein, nor unless provision be made therein for assuring at least thirty feet of pure air every minute per pupil and the facilities for exhausting foul or vitiated air therefrom shall be positive and inde- pendent of atmospheric changes. All such school buildings Bhall have at least two seimrnte and distinct stairways loented as far remote from each other as practicable. All stairs, stairways and stair halls shall be constructed of absolutely fireproof material. All stairways and stair halls shall be enclosed on all sides with walls of solid masonry, self sup- ported and carried from the foundations. All doorways 0 ]>euing therein shall be protected by fire doors and all window openings, except from the outside, shall have fireproof or wired glass set in metallic frames. All halls, doors, stairways, seats, passageways and aisles, and all lighting and heating appliances and apparatus shall be so arranged as to facili- tate egress in case of fire or accident, and to afford the requisite and p r o|»er nccouiniodatiouH for public protection lu such cases. Kxisting school bulldiugs shall, as far as practicable, be Improved sons to comply with the foregoing requirements. „ “ Rfc. 14. Tills act 1 h Intended to bo and shall be deemed and held in all courts and Jurisdictions to be a public act, of which the courts shall take Judicial notice. This act shall be construed not as an act in derogation of the powers of the State, hut as one intended to aid the State In the execution of its duties, and shall be liberally construed so as to carry into effect the objects and puriwses hereof.” Sfo. 15. Saving clnuse. Sfc. 10. Construction of provisions. Sec. 17. Laws repealed. ‘Consolidates previous sundry provisions and modernizes powers and duties of boards of education in accordance with the needs of the city school system. _ rot Chap. 5*3, June 21, 1907. 230. New York: Reenacting with amendments the charter of the city of Rochester (st'Cs. 3N1-382, art. 11. Education). Chap. 755, July 25, 1907. *231. New York: Amending the charier of the city of Ruffalo’ relative to tbe board of exandnera in the detriment of public instruction in such city. Chap. 330, May, 1908. 232. New York: Providing for a department of public instruction in the city of Schenectady. _ _ __ 1fV . Q Chap. 48k, May, 1908. w 1) 233. New York (1005) : FlAintlffs principal made an official report to the city school superintendent that plaintiff was "careless'' In blackboard work, and thereafter such suiwrintendent, In replying to the letter writteft to him by \V. at plaintiffs request and In her Interest, calling attention to alleged conflict between such reiwrt and one made shortly before by the same principal, stated that he never had any doubt that the Prin- cipal's estimate of plaintiff was "pretty nearly correct ifeM, that soch reports were not libelous per se. Walker v. Nest, 05 N. Y. 8., 151, 107 vApp, D1 t„ 804, « §: . STATE SCHOOL SYSTEMS ! LEGISLATION, ETC., lWft-S. 284. North Carolina: Amending sec. 4020. chap. 85. Revlsa., «•«. relative to application of chapter on education. v „ hoolH Requiring the superintendents and the treasurers of all district schoo s redwing any part of the public school fund t V «»>"« reports to the state superintendent and county sui^hitendfnt. ^ ^ Mur . 9, : tKYT. 236. North Dakota: Amending see. 819. Revised Codes. 1905, relative to the powers of district school boards. _ Providing that no relative of any member of u bonnl shall bo employed without unanimous eonsent of the »H*nL^ ^ ^ ^ ^ ^ li)o7 236*. Ohio: Providing for the expenses of members of hoards of education In school districts of the State. , a e_ p That a service fund for members of the board of education of any cliy Kl dlstHet be authorized «..d that It be operated as f0l . l0 "mn the passage of this act and mam the third Monday of every innunrv thereafterthe clerk of the board of education shall certify to Hu Wd of ^«lucattm. of which he Is clerk, the number of puplla enrolled in the nubile schools of that district, wliereuixm the board of said dty ^1, m district^ ^uny hi r, dilution set aside from the contingent fun, 1 a sum not to exceed five cents for each child so enrolled, said sum of uiomy td be known ns the ' service fund ' to be used only In paying the l ® said members actually Incurred hi the tjcrforiimnee of their d ■ » sucl? imvmen^ to** he made, only on statement of the seven,, members furnished at the lust meeting held In each month. ^ ^ ^ ^ ^ 237. Ohio: Pedaling and reenacting with minor amendments s_cc..3S07 . »evl«d Statutes <1005), ns amended Ai»ril 2n, U*>4 ( * s * H. -><• V- ^ 1804). relative to boards of education In city school districts. S. H. 455, p. 5K5. May 20. i!K)H. 238 Ohio: Amending sec. 1, IhH. 44. p. 120. 1-aws. ItKHt. providing for the re- lease and discharge of Tonnty, city, village, and sehpol district treas- urers and their sureties In certain cases. 8. B. 54t’>, p. 388, May 0. 1908. 239*. Ohio: Repealing, and reenacting with amendments, so,^ 3920. Hevlsed Statute* (1905), ah amended April 25, 1!)04 (8. 11. ,n, p 34., Ijiws, . relative to the organization of township boards of education. Providing for compensation of members of boards-** two dollars, for eac^Xtlng actually attended, for not more than ten meetings In any ?****- u # f*. (V7K, p. 105. Apr. 15. 11*08. • 240 Ohio: Repealing, and reenacting with amendments, sec. 390!), Revised ■ ’ Statutes (1906), relative to the action of the county commissioners when a board of education falls, to provide proper school facilities. Prober school facilities to Include the continuance of school for thirty- two weeks (formerly seven months). Adding the payment of teacher MdaWesf the payment of money needed In school administration, and the tilling of vacancies in board within thirty days, to list of the doth* of boards of edition. ^ R ^ (jn ^ p M Mar 31 , 190S . 241. Ohio: Repealing, and reenacting with amendments, sec. 3981, Revised Statutes (1906), relative to vacancies In boards of education. Constituting absence from.meetln** of board for ninety days cause for declaring vacancy. mon tin nart). d. 61 Mar. 3L 1908. r 11 l-H'IH'W'WX 1 ADMINISTRATIVE CONTROL AND SUPERVISION. 59 ■"AJM 242. Ohio: Repealing. and reennetlng with amendments, wh\ 2834b, Kevlsed - * Statutes (1905), relative to restrictions us to contracts, agreements, obli- gations, appropriations, aud expenditures. Striking out provisions excepting hoarda of education In cities of the first class. flrnt. ««md. or third D 243. Ohio (1994) : Rev. Rtat., sec. 4105. providing that the administration of nil estates or funds given or transferred in trust to any municipality for the promotion of education uml accepted hy the council, and any Institu- tion for the promotion of education heretofore or hereafter so fminded, other than a university ns defined hy such act. shall be eomndtiwl to the lmnrd of education of the school district Including such municipality, did not authorize the transfer from the trustees iip^»hit«l by ,hp n,a J® r ™ Toledo of the control of the property of the Ttdwlo ITidverslty -to the hoard of education.— State t*. Pity of Toledo, 2*5 Ohio ( Ir. (.t„ K. «2S. I) 244. Ohio (1907) : Rev. Stnt., sec. 3980. emi><>werlng the hoard of eduction of anv school district to make and enforce such rules and regain t ions to secure the vaccination of. and to prevent the spread of smulpox among. tTie pupils attending, or eligible to attend, the schools of the district, as in Its opinion the safety and InterostK, of the public nHjulre, Is not repugnant to the constitution of this Stale, nor violative of the hour- teenth amendment of the Constitution of the \ ntted Stub's, and under the pnver thereby conferred ft twnrd of^catlmi may exclude from the public schools children who lmve not iuMMiV^awdniitcM.— 4 l.K)i ) Mute v. Hoard of Munition of Village of 15arl>erty condemnation or otherwise for public school puriwscs, without the owner’s consent, any land owned and used hv any church, religious society, college, or educational Institution. Act No. 99, Apr. 25, 190". 247. Pennsylvania: Iteiwullng No. 17,1 -aws. lSW. relative to the establishment, •- maintenance, nmnageuient. and nature of the public schools («f the city of Teiinoaster. * Act, No. 158, May 14, 1907. 24 H. Pennsylvania: Amending see. 50, No. (510. nets. ISM. regulating ami con- llnulug the system of education hy. common Hohools, Kx eluding the exception whereby the common schools of the city of I^ancaster are exempted from said net. ^ ^ ^ M#y . (1 _ m7 . Rhode Island: Amending, hy adding 'to rlinp. 1101. Public I-atvs, relative to the better management of the public schools of the State. Superintendents of schools to hold certificates of qualification Issued by state board of 'education. clmp . w< Mny y. D2fi0. Rhode Island (1906) : Under Pub. IAWs, 19051. p. (17. chap. DSO. «“«•*• providing that the school committee otjeach town shall elect a suisrln- tendwitof schools thereof at the first iWulai -meeting of the conmilttee succeeding the annual election thereof, and (Ion. I-aws, «Ua p. 2e, see. 8, declaring that the word "towu" shall Include a city, the school committee of a city consisting, of three ptembers. one elooto* at the xt onamKae oIopHati Af pa eh YflAr for a term beginning In January fol* 60 STATE SCHOOL SYSTEMS : LEGISLATION, BTC., 190&-8. 2M. towing, can not elect a superintendent to serve under the committee as It will be constituted after the election in November, though the committee from the time of the adoption of the charter, requiring nn annual elec- tion of a superintendent, had elected » superintendent at any time during the year at Its discretion.— I u re School Committee of ^Pawtucket, oft a. aoi, 27 u. i. 5 tw. South Carolina:. Providing for anmml reports l>y The city hoard of school rfiffimlNKlnnera of Charleston, It(M]uirlng annual rejMirl to be submitted to general assembly and to 0f C,,y - Act No. oos. (Vb. 24. im the incorporation of cities under com- 2f>2. South Dakota: See enactment So. 100, 253. Soutli Dakota: Providing for mission. w dK Creating a class of titles entitled “Cities under commission,’ " io be** governed according to the so-called •'commission'* plan. Sw:s. lid, 117, and 125-^34 provide for tlie educational organization of such cities as hide) Maiden t school districts, to be governed by general laws applicable ’ to Htich districts except as otherwise provided. Providing for the election of a hoard of (Hlucntion of five members, one of whom to he elected annually for u term of five years. Prescribing j towers uml duties of the board of education, particularly with reference to Its finance. „ Chap. 8C>. Mar. 12, 1007. 25-i. Soutli Dakota: Itelntlug to public schools In cities, towns, and ndjnceiit territory, organized as lndeiM*ndent school districts. Providing for adoption of article by voters, for the constitution, elec- tion. itemization, powers, itnd duties of boards i.f (duration.. Art. XI, chap. 135, Mar. 13, 1907. 235. South Dakota: Itelntlug to the organization and government of tnde- . pendent school districts. Art. XVII, chap. 135, Mar. 13, 1007. 25d. Tennessee: Amending chap. 17, acts, l^st. as amended by chap. 5b, acts, mm , providing for fclm more efficient nmnngcmftnt of the public schools and taxing districts where there Is an . IncoriHiruted system of public 'schools. Increasing the maximum anmml compensation of school commissioners from $200 to $480; of the president of the board from $500 to Pro- viding for a maximum annual eoinitensatlon of $000 for the elialrmnu of the committee on buildings and grounds. Providing thut the tax lev lad for school purimsos shall be u special tax, not to he embraced wltldn any 1 imitation of the taxing power. Increasing maximum annual salary of sui>erintemlent of ig’hools from $2,000 to $8,000. „ * ’ ^ Chap. 87, Feb, 15, 1007. S 257. Tennessee: Rejienling ohnp.^8, acta, 1885 (sp. seas.), relative to the In- corporation of the city of Knoxville, and all acts amendatory to said act und all laws relative to the charter of the city of Knoxville. Chap. 200, Apr. 1, 1907. . 258, Tennessee: Incon>orattng the city of Knoxville and defining the rights, powers, and 1 labilities of the same. v Fixing maximum tax levy for municipal purpose*, Including schools at 1 $ per cfcnt (sec. 21). Authorising special school tax of 10 cents ion each $10(5 of assessed valuation, under conditions imposed by chap. 254, Acta, 1899 (sec. 25). . ' Providing for a board of education of five members, to be elected, each tor five years, by the board of mayor and aldermen. Continuing mem- bers of existing board (secs. 00-68), * ~ iafVy v v Chap, 207, Apr, 1* 1907* , ADMINISTRATIVE CONTROL AND SUPERVISION. • 61 . 259. Tennessee: Amending see. 12, <*ap. 2(W. ucts. 1*99, relative to boards of education lu cities having a population of thirty-six thousand and up- ward according to the Federal census of 1880. Five instead of seven members of board to constitute a quorum. Pre- scribing certain |M»wers and duties of boards of education, and denning the relationship of any such board to the city council with reference » to the control of the public schools. Applies to city of Nnshvllli*. * Chap. 400, Apr. 12, 1907. - I > 200. Tennessee (1907): Att of March 27, 1907, acts, liiO., p. 5 *A clmp. 1S4 ’art 1 sec 3, ein|towerlng the city of Memphis to establish and main- tain public schools, is not as to that provision unconstitutional.— Malone v. Wilt linns, 103 8. W„ 798, .1 1 S Tenn., 390. •*01. Texas* Amending lu sundry particulars chap. 128, Laws, 1903, providing for the lncor|K>rntldn of the Sail Antonio hoard of trustees, as amended by chap. 90, I-Aws, 1905. Si>ecial Lawn, chirp- 29, Mar. 19, 1907. 202. Texas: Granting a new charter to the city of Dallas. Providing for taxation for school purj»ows, art. 2, sec. 2, par. 2, p. 574. Providing for the organization of the hoard of education and defining Its |K>wcrs and duties, art. 5 (pp. GOS-dlui. Sped/n Iaiws, clmp. 71, Apr. 13, 1907. 263. Texas: Amending sec. 93. chap. ‘124, V s * 1905, relating to duties and qualifications of school trustees. t Striking out provisions concerning white and colored trustees. Prc* Hcrlt>lng qualltlcations for . trustees. and providing for procedure, for re- moval from office. - 1 fi 07 2 ( m. Utah : Amending see. 1890, Revised Statutes, i W. relative to the board ♦ of education In cities of the first und second class. Providing for the filling of vacancies by the mayor and council when board of education falls to do so within thirty days. Chap. 131, Mar. 23, 1907. 265. Vermont: Keponting, and reenacting with numerous amendments, secs. rt2‘>, 623, 024, 025. Public Statutes, 181*4, relative to KUjMTvlslon of schools of two or more towns. I>efinlng In greater detail the conditions and methods for the union of towns for tin* purpose of employing a sujwr intern lent of schools. Pro- portion of state aid Increased. Qualifications, ikiwith. and duties of superintendent defined. Special provision for Grand Isle County. Act No. 45, Nov. 7, 1906. (Apr. 1, 1907.) ‘ 20G. Vermont: Providing for the punishment of public officers for neglect of duty. ** Penalty of a flue of not more than $1,000. Imprisonment for not more than a year or hpth. Includes school district officers. Act No. 190, Dec, 14, 1906. Vermont: Amending charter of city of Burlington ns approved by act No. 98, Acts, 1864, amended, reenacted, and approved by act No. 255, acts, 1872, and act No. 148, acts, 1896. Changing term of school commissioners from two to three years, and providing for the election by wards of two each year ; Increasing number of elected members from five to six. Superintendent of schools no longer to be ex officio member and president of board. Providing for appoint- ment of truant officer. , 166-171, act No. 261, Dec. 16, 1006. (Jan. 1, 1007.) ^ 0 . % 62 8TATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8., 208. Vermont: Amending act No. 110, acts. 1802, ns amended by sundry suc- cesslve nets relative to the charter of the city of Rutland. Secs 21t-°28 relate to schools. School cnmmlBBloherp hereafter to l>e ^lwted at large Instead of by wards. Provision for appointment of truant Rees, 211-22S. act No, 2S0, Deo. ,1!>, 11KKL (Feb. (>, 1907^) 2. Virginia: Amending and reenacting se<;. 1450, (’(Hie, 1004, relative to elltfl* tdllty to office of district school trustees. Making deputies of federal, stirte. and county officers Ineligible. Adding certain minor officers to the list of exceptions. Chop. 147, Mar. 5, 19tH. 270 Virginia: Amending and reenacting wh*. 1520, Code, UHH. relative to the jurisdiction and lowers of school boards in citieH and to the clerks of said boards. * Kx tending provisions of section to towns constituting separate school 'districts. Salarv of clerk ti> be fixed by hoard. Cliaii, 15ff, M»r. W. 271. Virginia: Anjemilng and reonnctflfc hoc. 1485, Code. 1904, relative to Inanities for failure of county treasurer or district school clerks to make annual re|K>rts to county Ivoard. ✓ Increasing fine from $5 to $25. No remission of linen Im^sed unless such Is approval by the state board of education, map. :i0i) (In part). Mar. 14, lffiK 272. Virginia: ^Amending nml feeunrtlng net of May 21, 1SS t (see. 14bfin, t2! e * rt * IaMve Ut ,lu! snl( ’ or l ‘ xr,Hin ^° oi public-school property by county or city school hoards. Intending provisions of act to district school boards. , Chap. 250, Mar, 14, 1908. Ii 273. Virginia: Keiwnllng H«',Si „ml 1000, Cal,-. V.m. r.-intlv* to the Cor- IKiriite |H)\vers and designation of sc hot d districts. Duplicate of «ec. UN*. ChIc. cha| , Mllr . 10 , 1008. 07 4 Washington: Amending secs. 75, 78, HO, I IT, and US, chap. 118 (-Lode of ’ - Public Instruction). Laws, 1.807, rein tint! to Schools in cities of 10, (KK) inhabitants aud over. Vesting board of directors of districts regularly employing 40 or more teachers with same powers and duties ns boards of such cities. Provisions concerning election* and registration of voters. Mxlng grml- uated limit of expenditures by boards pl'dlreclors for sites and hulldliigs. Boards bv unanimous vote may fix tax not exceeding 1 per cent for nil school purposes. chBI) , 31. Feb. 21. 1WT. 275. Washington: Amending see. 105 (Code of Public Instruction), relative to failure of school officers to deliver property. Providing for the disposition of fines indicted. Sec. ttt, chap. 240, Mar. 18, 1907. 276. West Virgin**: Amending and reenacting and reducing td one the bev- eral acts creating tjic Parkersburg Independent school district. Providing for board of education ; election, qualifications, salary, o - fleers, power, and A tax >^^*“*^^(8^) mm r ADMINISTRATIVE CONTROL AND SUPERVISION*. 63 277. Went Virginia: Amending and reenacting see, U, chap. 45, Code. 1900, relative to the salaries of touchers and the eonijKMisntUm of the members of the boards* of education. Raising minimum ’monthly salary limit for the holders of different prudes of eertitieates; gradV one, from $35 to $-10; grade two, from to $35; grade three, from $25 to $3n. Increasing comiNMisat hm of members of boards of education from $lTtO to $2.50 for not to exceed ten days for any one year in ease of commissioners, and tifteen days in ca so of the president. ( Not approved by the governor,)' Chap. 2d. I eh. IS, 190S. L’TS. Wisconsin: AnioiulliiK snh.liv. is. see. i:t0. Statutes. ls!)s. n-lntivo to salaries of school-district- treasurers. Authorizing eomiK-nwitlon to treasurer and director in addition to * (’Imp. 71. May :i. i'.tOT. 27h. Wisconsin: Amending In a minor manner wv. 4t»3. Statutes. ixp\ rela- tive to the annual reported town clerks to the eouniy superintendent. t ('hap. 1X5. Jane (*, 1907. ► 2Mt. Wisconsin: Amending sec. 1, clmp. 421. laws, V.Hki. by adding thereto si did 1 v . 1m. relative to school-district hoards. iSw. 493b. Statutes, chs . ) Preserilihig procedure for increase in mnnher of memlmrs of a school hoard to seven. Clmp. 198. June 12. 1907. 2si Wisconsin: Adding suhdlv. la to and amending sec. ii’>7, Statutes, 1S9S. relating to duties of town clerks. _ Chap. 222. June 21. UKh. 2.S2. Wisconsin: Aim-mllUR Statutes. lsps. rvlntlve lodnUcs of school- district clerks with respivd to nuinial school-district reports. ^ . Clmp. 411. Jane 27, 1!*)7. 2S‘t. Wisconsin: Relating to school 1 Hoards and common and high schools In cities of the first class. (Milwaukee.) Clmp. 450. June 20. li»07. Wisconsin: Itopenllnp nml r.-cimctlnc hoc. '.^r.-llX Statutes. IS'.ls. coin- 2-sy. tlve to the ehvt Ion or appointment of hoard: general charier law. Providing conditions for reorganization eyitorated cities; sptsdai elect Iona. of ed neat ten In cities under of school system* of retn- I'hap. 4X(k July 0. 1007. osr,. Wisconsin: Achilla: w. lo Statutes. ISSis, relative to the l>««'on< of The electors of school districts. Authorizing school district with a hoard of seven members to vote to relurn to the district system of school government with board of three members. P root'd lire. " Chap. 5X8 (In part), July 12, UK)*. 1>2Kti. Wisconsin (1W7) : Where a city of the third Hass, ojierntlng under a special eWMger containing no provisions relating to schools governed )>v the general statutes relating to public schools, adopts St. *1898. chap. li)», sees. U'25 — 113 to 1)25— lilt, providing for the apindnUiiont of hoards of education for the nmnngemeut of the schools In cities, the city may maintain mandamus against the school board of a district existing under the general statute to couu*>l It to turn over to the board of education of the city the records and i»r«i»erty hi its possession as such dioafd — State v. Green, 111 N. W., 519, 131 Wls., 324* %-tv ' * ■ ■ -,'v ' -St-**?**' BTATB SCHOOL SYSTEMS : LEOKL\TTOH, STC., ifl06 8. t-» 007 Wisconsin (1007) : Laws. 1905, p. 403, chap. 278, see. 1. provides that 287 ' X p^c Schools in evety city of the first class shall be under the general maiut^nentand supervision of a board of school director cojjelstlDg of twelve members from the city at large, selected as provided In the act. 8ec. 8 provides that before a date linmedAhe circuit judges of the Judicial circuit In which such a city Is situated shall pjeet and appoint twel'e members of the board of school directors, to bold their respecti '*■ '’™cea for the periods therein prescribed. Constitution, art, 13, that all city, town, and village officers whose election or appointment Is not provided for by the constitution shall be elected by the electors of such cities, towns, and villages, or appointed by such authorities thereof as legislature shall designate for that purpose, unconstitutional as being In contravention of institution, art. 13, sec.. 9, In that it not only undertook to take from the electors of the city the right to elect members of their school board, but also took from the authorities of the city the right to appoint the members of such board.— State v. Linden) nnu, 111 N. 214. T >ooo Wisconsin (1907): Laws, 1905, p. 403. chap. 273. relating to school boards and common and high schools in of. the first class. viding that the public schoolH in every city of the first class shall be under the general management and control of a board of w-hool 'consisting of twelve members from the city at /nrgc se ecUHl as i.rmlded In the act, is not unconstitutional, hb B eing special legislation— State t. LLndemann. Ill N. W., 214. ^ — 289. Wyoming: Amending and reenacting secs. 530. 503, and 1192, Uevlsed Statutes, 1899. relating to school districts ami levy of school taxes. Fixing April 13th as end of fiscal year. Changing time for submission of reports of district clerks and county suiierintemlents. C hap, lo, reo. id, 1 W(. (e) School MeetingaT Elections; Qualifications for Voter*. The enactments classified under this section relate principally to minor and local administrative changes concerning- the tune and manner of publication of notices of general and special sclijol elec- tions, the conduct of such elections, and the general powers and authority of district school meetings. The definition of the qualifi- cations of womeh voting at school elections in Vermont (311), the Oregon (D 303) decision.as to the right of property owners to vote in school districts, and the Wisconsin (D 313) decision as to the right of women to vote on the proposition to issue bonds for the construc- • aion of school buildings, touch matters of more than local significance, 290. Alabama: Amending sec. 6, act No. 366, p. 289, Laws, 1003, providing for the rediotrictlng and management of the public school* Providing for publication of notices of meetings for election of district trustees, for procedure, for certificate of election, and for , Sec, 1, act No. 368, p. 478, July 17, 1007. (Sec$PB97, Code, 190 1 .) "Connecticut: Amending in a minor manner secs. 1796 and 2190, General Statutes, 1902, relative to the notices of town, city, through, school society, school district, and other meetings. Chap. 138, June 21, 1907. (July 1. 1907.) 292 , Delaware: Fixing the time for holding school meetings' In Kent County. Meeting to be on first Saturday In June. \ ' *Chap. 129, Feb. £5, 1907* i Aft MfinSTR ATIVB OOHTBOL AND 8TJP EKTIHIOH. 203. Idaho: Amending sec. 81, H. B. No. 42, Laws, 1889, establishing and maintaining a system of free schools, as amended by 8. B. No. &; laws, 1903, relative to election of member* of boards of school trustees. Election to be held on first Tuesday In September, Instead of first Monday In September. * " ^ 8. B. No. 92, p. 310, Mar. IS, 1907. 294. Idaho: Amending sec. 42, H. B. No. 42, Law*. 1899, as amended by sec. 1, 8. B. No. 98, Laws, 1903. relative to election of boards of school trustees. To be held on first Saturday In April Instead of first Monday In ,Tme ' • H. B. No. 06. p. 343, Mar. IS. 1907. 295. Illinois: Enabling school districts acting under special charters to hold elections for choosing school directors, members of boards of education, and members of boards of school Inspectors at the time provided for the election of school directors nuder the general school law of the State. Applies Especially to Peoria. s _ P 8. B. 318, fc. 525, Apr. 8, 1907. 296. Michigan: Amending sec. 2374, Compiled Laws, 18& relative to the powers and duties of township officers. / Authorising annual township meeting by majority^ vote to increase compensation of officers from a dollar and & half to two dollars per day. (ADDlies to school inspectors.) Special provisions for supervisor. Act No. 98, May 22, 1907. 297. Michigan: Amending secs. 3, 4, 5, chap. 32, act No. 215, Acts, 1895 (seem. 3340, 3341, 3342, Compiled Laws, 1897), relative to. annual election of school trustees In cities. Requiring said election to be conducted similar to annual township elections (formerly graded school district elections). Notice of elections to be given fifteen (formerly ten) days previous to election. Providing for the appointment of three election commissioners; for the manner of nomination of trustees and the forms of ballot. Trustees, candidates for election. Ineligible as Inspectors of election. Prescribing quallflta- tions of voters, and authority and duties of Inspectors. Act No. 110, May 22, 1907. 298. Minnesota: Fixing the hours during which the polls shall be open for the . — holding of school elections In certain Independent school districts. From 6 a. m. to 7 p. m. In Independent districts containing a popula- tion of 50,000 or over. Chap. 278, Apr. 22, 1907. 1)299. Montana (1907) : Session Lows, 1907® 50, authorising the establish- ment of county free high schools on a majority of the votes cast at an election on the proposition favoring the establishment of such a school. Held, not In conflict with constitution, art 9, sec. 2, giving to qualified . . . « I JL A - . .11 4 WHAt Ka a nKmlffrful 4 a f K a. ’ voters the right to vote on all questions that ma} vote of the people.— Evers t», Hudson, 92 I\, 432. be submitted to the 300. Nebraska: Repealing, and reenacting with amendments, sec. 7457, Oob* * bey’s Annotated Statutes, Supplement, 1906, relative to fee s tor election officers. Prescribing fees for Joint county, city, and school elections In counties having a population of over 125,000. Chap 4, Feb. 28* 1907. 801. Ohio: Repealing, and reenacting with minor amendments, sec. 14 (H. B. 1007, 242, Laws, 1894) act of May 15, 1894. Revised Statutes, relative to the conduct of elections to pay.t^e egppnse of elections. H. B. 794, p. 84, Apr. 9, 1903. L . \v. .r .. --v. "... ~ 1 s iULr* 7 STATE SCHOOL. SYSTEMS: LEGISLATION, ETC., X90S-8. ZA . ! l 66 802. Oklahoma: Amending sec. 1. art. 3. cliap. 33, Sesa. Laws, 1005, and amend tag see. 1, art. 3, chap. 72 (73?). Statutes, 1893, relating to annual aqhpol . meetings and to district officers. Changing date of atmual district meetings from May to June. Siwclul provision for 1908 (July) in order to permit new assesment “" d ® r com stltutlonal provisions. Defining powers' and duties of district boards prior to annual meetings of IV* ^ % ^ R ^ p ^ May 19 1008 . n\na Oregon (190G) * B. & C. Corap. sec. 3380. providing that any citizen D X wholias property in a school district on which he -or she Is liable to pay a tax shall be entitled to vote at any school district election. Is not Im nlld aa prescribing a property <|nnllflcntlon in contravention of Const, nrt. sec 2 defining the qualifications of voters, It not applylug to school ffistrlct ejections,— -Setterlum r. Keene, 87 P. 703, 48 Or., 520. 804 Pennsylvania: Repealing sec. 2, act No. 17, Laws, 1850, ns supplemented and amended by act No. 289. nets. 1808. relative to the time and manner of electing school directors In the city of Ijincnster, and defining the qualifications of voters for the same. ^ ^ ^ ^ „ U(0 - 305. Pennsylvania: Supplementing net No. 3. acts, 1903. relative to schcsd districts in townships, and boroughs created therefrom. Providing manner of certifying anil returning votes cast In such dls- trU * ' Act No. ITS. May 23. 1907. 300. South Carolina: See enactment .Vo. (w8. 307. South Dakota: Proscribing the qualifications of voters In school districts 8W » a,ed ln ,W ° C ° UUUP8 - Chap. 141. Fell. 20. It HIT. 308. Tennessee: Amending sec. 2, chap. 17. nets, 1SS3. providing for a mere efflclj^ management of public schools uml taxing districts where there la a iffn Corpora ted system of public schools.' Changing time for the election of school commissioners from January to November, , C hap. 3 -^ Apr> llt 1907 , t\ ojm) Texas (100ft) : If at an election to (let ermine whether territory «m»i- 1 “ bw“nB parts of different counties should be incorporated as an imte- Dendont school district, underact of 1st sobs., twenty-seventh legislature, S? 2 (LawA 1001). p. 2ft. chap. 15. or at an election after incori^ratlon to determine whether bonds should be issued. i>ollfl should ha\ e been onened in each county instead of but one, the failure to open polls j 11 P ncl * county is without prejudice to taxpayers in a county In whi(^b polls wort- not o^ned where It does not appear that, excluding all the votes of than* . oo unties in which polls wl>re not opened or counting them against the measures voted on. the result would have been different.— I arks r. ^est, 108 8. W., 466. 310. Utah: Amending in a minor manner sec, 1*33. Revised Statutes. 1W. relative to elections for distrLct school bonds. Chap, 141, Mar. 25, 1007. 811. Vermont: Amending sec. 704, chap. 36, Public Statute* 1.894, relative to acbool election*. P Defining more accurately qualifications of women voting at schoo elXna MuTbe 21 years of age: may vote at all school elections and hold appointive aa well as elective office*. , , , . noiu Sec. 6, act No. 43, Dec. 18, 1006. (Apr. 1, 1907.) ADMINISTRATIVE *CONTBOL AND SUPERVISION. y 312. Wisconsin: Amending sec. 41)2, Statutes, 1S98, as uuieuded by chap. 345, Laws, 1903, as amended by chap. 329, Laws, 1905, relative to the election of free high school district officers. « Chap. 438, June 27, 190 I>313. Wisconsin (1906) : Rev. Stnt, 1898, sec. 943, ns amended by Laws, 1903, p. 480, chap. 312, provides that 'no bonds shall be Issued by any city until the proposition shnll be submitted to the '’people” of the municipality, , and adopted by a majority vbting thereon, and that when any such bond Issue is contemplated, a special election for the purjKJse of submitting such question to the "electors ’ shall be called and held. Held, that the term "electors" referred to nil persons legally entitled to vote on the proposition submitted, and therefore did not exclude women from voting on a proposition to Issue bonds for the construction of u schoolhouse ; such election being an election ut which women an* authorized to vote, under KeV. Stab, 1898. sec. 42Sa.— Hall r. City of Mudlson, 107 N. W., 31. (f) Administrative Units; Districts, Townships, Municipalities, etc.; Formation, Division, Consolidation. I Section II. rnactmvntH PS-t-1020.) , The legislative activity reluting to the Ansolidation of school dis- tricts vras at its height several years Most of the enactments in this direction during the past biennium are amendatory to previ- ous measures, and seek to impure the details of the methods already prescribed so as to remove obstacles, administrative and judicial, that have developed, and to provide for the more complete protection of the interests of the consolidated -districts. It has been found more convenient to discuss the more important of these consolidation acts under the head of transportati^ (Section H, subdivision c). Arizona (317) passed a new uct relative to the consolidation of school dis- tricts. Ohio (318), (349). gave evidence of confidence in her plans for the centralization of rural schools by passing several important amendments to the existing luws upon this subject. The revision of the educational code of West Virginia incorporated a number of very important sections calculated to further the development of consoli- dation and transportation. The redefinition of depopulated school districts (331). and of partially depopulated school districts (33?), in Kansas, is indicative of the tendency to eliminate that class of rural schools containing Iho small a number of pupils for efficient operation. The Georgia decision (D 324) as to the operation of the acts of 1905 and 1900 concerning the creation of local tax district schools is of interest to those who are watching the development of the senti- ment in the Southern-States for increased local support fo^the com- ti^on schools, 814, Alabama:. Amending sec*. 10, 19. 20. act No. 306, p. 289. Laws, 1903, (fro- vidlng for" the redlatftqtlng and management 9 ! public school* Modifying. In minor manner, method of changing district lines and boundaries. Minor provisions concerning application of act to certain counties and municipalities, „ lona itoi Secs. 4, 6 , 7, act No. 35S, » 478, July 17, 1907. (Secs, 1681-1083. 1<01„ Pod*. 180 ?d .... -> S" V 1 * 68 ~*.{3 ' V~ BTATK BCHOOL SYSTEMS i LEGISLATION, BTC., 1906-8. i> fv. f: 81B. Arizona: Amende* pafa. 2165, 2106, 2167, 2170 (chap. 6 , tit. 10. secs. 96, 37, 38, and 41), Revised Statutes, 1901, relative to the creation and re- arrangement of school districts In certain cases. Special provisions concerning the creation of new school districts which shall be coterminous with the boundaries of towns. - Chap. 3d, Mar. 14. iwm. 316. Arizona: Amending par. 2155 (sec. 20, chap. 4, tit. 10), -Revised Statutes. 1901, relative to the formation of uew school districts. Boundaries of school districts may be changed only between July 1 and September 1. Prescribing conditions. Sec. 17, chap. 67, Mar. 21, 1907. (July 1, 190 1 .) 317. Arizona: Authorizing the consolidation of school districts. Providing for procedure for consolidation: petition to county super- intendent of parents or guardians of majority of school-census children of districts; approval by county sui>erlntemlei>t ; board of Mj^vlwirs . may then consolidate. Provisions regarding finances of the several dis- tricts consolidated, for the appointment of sch^Mrimtees^etc.^ 318. California: Amending sec. 1581, Political Code, 1900, relative to the forma- tlon of now school districts. Order of board of supervisors creating new school district null and void unless school Is opened not later than se 43 , p e b. 28, 19( Yl. 319 California: Providing for the change of name of high schoot districts and union high school districts and the manner of making such change. Chap. B10, Mar. 23, 1907. , D 820 California (1005) : A school district is a corporation of quasi municipal character and, though its territorial limits may be actually coterminous with those of a city, the Identity of the school district as a oorjwrnte entity Is not tost or merged In that of * the city. — Los Angeles City School Dist/r. Longden, 83 r. 240; l^os Angeles City High School Dist. t\ Same, Id., 248 j 321. Delaware: Authorizing the county school commissioners to alter, divide, consolidate, or unite, school districts for colored i>eople. 0 ' Chap. 123, Mar. 29. 1907. 822. Georgia: Amending act No. 159, p. 426, acts, 1905, as amended by net No. 549, p. 61, acts, 1900Veiatlve to the creation and operation of local-tax district schools, for .tbeVrylng- end collection ot local tux by districts or counties for educational mWses, for the election of achool trustees, etc. Providing for modi flea tlomCto the boundaries, of school districts an- nually (formerly, biennially) ; foMhe right of hckringlK-fore ^rn ml Jury by members of the county board ot education charged with neglect • duty" 7 be election of five trustee achool dlatricta ronm nlng iu- . , corpora ted towns; and for local taxatldnby auj^ school district. . . Act No. 266. 0- 100, Aug. 22, 1907. n * 2 a. Oeoida (1907) : Act of Aug. 22, 1906 (Laws. l(1065p.460), Incorporating ■fshAnl dlsfHct In ft certain county, is unconstitutional as being a spe* claf^L ^rterlngV^h Pol CodT, 1895, secs. 1338-1408 (Gen. School Law) and a violation of the constitution XClv. Code, 189G, sec. B782), ntofldlng that laws of *a .general nature shaft have a uniform operation throng&ont the State, and no special law shall be enacted in which, nrovialon has been madf by an existing general law^(1907) 8ei B., 284, 127 Ga. 244; (1906) Hotweworth t>. Stevens, 66 S, &, 588, 127 Ga. 266. j'. .- Mi "nr ~lki il j ' 7 'J , ADMINISTRATIVE CONTROL AND SUPERVISION. 6ft D 824 Georgia 0007) : Act of Aug. 23, 1905 (act*. 1905, p. 425) . a* amended by actof Aug. 21, 1900 (nets, 1906, p. 61), providing for the creation of local-tax district schools, is a valid law of uniform operation, and repeals all laws, general or special, which are so inconsistent that Prior laws and the new law can not stand together.— Edalgo v. Southern Ry, Co., 58 8. E., 846. 325 Idaho: Amending sec. 35, p. 93, I^aws, 1899, as amended by sec. 5, p. 220, Laws, 1901 (sec. 1055, Political Code, 1901), as amended by sec. 1, p. 218, Laws, 1905, relative to the formation of school districts. Vote to change boundaries of an organized district to be taken only at regular April meetings of boahl of county comihlssloners (formerly. quar- * terly meetings) ; change not to take effect before close of school year. Districts of less than 9 square miles area may he divided only on _tbe approval of county sui>eriutewient and by unanimous vote of hoard or county commissioners. Special provisions concerning attendance of pupils -upon schools or other districts. „ ^ 0 , K H. B. No.. 31, sec. 1, p. 16, Feb. 15. 190i. 326. Illinois: Proving for the annexation, for township high-school purposes, of any school township, or part of such township, not having an estab- lished township high school, to nny adjacent school township having h an established township high school. Prescribing mode of procedure and manner of holding election. H. B. 285, p. 534, Apr. 22, 190*. 327. Iowa: See enactment No. 682. 328. Iowa: Providing for the consolidation and change of boundaries of school districts in cities of Abe first class. Authorizing ettieb having a population of 50,000 or over to consolidate all the territory into one school district. Providing for procedure before and after consolidation. ' Chap. 155, Mar. 13, 190*. D 329 Iowa (1908) * The day of a school election falls within the provisions of CVIe. sec. 2448, par. 9. providing that saloons shall not be open on “any election day.”-- Hammond r. King, 114 N. W., 1062. The fnct that a liquor dealer has been advised by the county attorney, the city attorney, mid the chief of i>olloe tbat he may sell liquor on u day prohibits bv Code. mv. 2448. par. 9. is no defense to a prosecution for^ the violation of the section; intent not being an element of the offense.— Hammond r. -King, 114 N. IV., 1002. 330. Kansas: Providing for the manner in which territory, outside, bitf adjacent to, the limits of cities In the first- class having a population of not more than 30,000, may be attached to such cities for school purposes. Territory may be nttached by a city board of education upon appli- cation of a majority of electors of adjneent territory. Chap. 3X, Jan. 30, 1908. 331. Kan sm: Repealing, and reenacting with amendment, see. 0137. General Statutes, 1901 (sec. 4, chap. 135, Taws, 1893), relative to the definition of of a depopulated school district. Substituting “fewer than five legal voters therein and fewer than M ven persons between the ages of five and twenty -one years, 1 * for less than three legnl voter*.” chap . 322 , Mar . T , 10 07. 332. Kansas: Repealing, and reenacting with amendments, sec. 6139, General Statutes, 1901, relative to the definition of a partially depopulated school ^ district School districts havinlLleea than twelve persons between 5 and 21 years of age, to be deepol partially depopulated (formerly, seven p«f- . „■ ChM>, 828, MW. T, tfPk wm BSC;' ' - - ' • ■ YO STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1606-8. 333. Kansan: Repealing, and reenacting with amendments, sec. 6112, General Statutes, 1904, relative to the formation and alteration of school district boundaries. Providing that restrictions Imposed as to school population and assessed valuation shall not prevent desirable changes In school district bound- * nries when the proposed alteration of boundaries Is approved by the board of county commissioners. chap . 329 , Mar . 9, 1907. D 334. Kansas (1008) : Chnp. 344. p. 384. I4iws, 1907. purporting to legalize nnd validate the steps taken In the matter of the disorganization and con- solidation of certain school districts. Is not a curative or confirmatory act It is creative pi its nature, and attempts to originate a union dis- trict from separate districts which it attempts to disorganize. The statute last referred to Is a special act relating to the voluntary disorganization and consolidation of school districts. Under the i>ower ‘ conferred m>on it by sec. 17 of art- 2 of the constitution, this court ■ decides that a general law can be made applicable to that subject, ana therefore that the special net is void. — Gardner et al. r. State ex rel. Rurch, County Atty.. 05 P„ 5SS. D 386. Massachusetts (11)08): Rev. Laws. chap. 44. sec. 1. requires children of a certain age to attend school. Petitioner lives on an island, which Is. a part of defendant town, lying some 4 miles from a larger Island m>on which the main part Of the town is situated, there being no regular means of communication between the two islands, and communication being often difficult or impossible; nnd the town maintains no school upon petitioner s lBlnnd, but bns upon the main Island a sufficient number of schools. Petitioner has five children, of the ages of 24, 19. It, 12, and 4 ; owns thw • creator part of the Island on width he resides, mid pnys taxes thereon ; his family belug the only one residing thereon, and his children the only ones whoVould attend the school there, nnd only one of them being within the compulsory school age. Held, that l**t it loner could not insist, under the circumstances, that the town maintain a school on his Island for Uis sole benefit * he having chosen to establish himself on the island, and only two of his children being under fourteen years of age. and oue of those nc* being of school age. — Pavla i*. Inhabitants of CbMinark. Ho L. 1UT. 336. Minnesota: See enactment o. i 6 8. 337. Minnesota: Amending sec. 1282. Revised I-nws, 1905, relative Vo the for- mat ton of school districts. Providing for approval ami disapproval of l>etitlonH by county super- intendent. . r 1fkn - Glmp. 110, Apr. 5. 190*. 388. Minnesota: Amending sec. 1286, Revised Iaftws, 1905, relative to clinuge of boundary lines of school districts nnd the formation of new school districts. Prescribing procedure for the alteration of the boundaries of school districts contninlng‘or contained by any incorporated borough, village, or C,ty- Clmp. 188, Apr. 15, 1907. 839. Missouri: Adding hoc. 9875n, to nrt. 2, chap. 154, Revised Statutes, 1899, * relative to changes of boundary Hues of school districts. Prescribing procedure. Providing for notices, board of arbitration and reCOrd- H. B. No. 179, p. 420, Mar. 29, 1907. 340. Montana: Amending sec. 1770, art. 4, Political Code, 1805, as amended by «,t>. 8. B. No. 56. p. 186, Laws, 1897, and as amended by H. B. No. 68. p. 67. lAwa, 1306, relative to the election of school trustees. ' Reclassifying districts on the basis of population. « ■. * * \ Chap. 60,. Mar. 4, 1907. . A. I* ■ 1 — I J rrm ADMINISTRATIVE CONTROL AND BTJPERVT8I0N, * 541. Nebraska: Providing ftft the equitable adjustment of acbool district boundaries when any school district haB only three sections of land or leas than three sections. Chap. 116, Apr. 5, 1907. 342. Nebraska: Repealing and amending sec. 5422. chap. 79, Compiled Statutes, 1M5 (sec. 11024, Cobbey's Annotated Statutes, 1903), relative to dissolu- tion of school districts. District must have failed to maintain organization for two consecutive years. In addition to other causes, before dissolution ^ 343 New Jersey: Permitting certain boards of education to convey school- ^ ‘ ’ bouses and lands to the boroughs or other mnniclpalties In which they are situate. Provided the lines of the municipality are coextensive with the lines or the school district. ChBp . 158 , May 10, 1907. 344. New Jersey: Enabling adjoining municipalities, other than cities, lying In the Bit me county, to consolidate and form a city. Prescribing procedure, elections, etc. Providing that the term of . tea (diers In service shall be added to the time devoted to teaching under new city government, in all legal computations of the time sj>ent by «rtd teacher in teaching in said new city. ^ ^ ^ n ^ 345. New York: Amending chnp. 550, Consolidated School Raw, 1894, relative ,o changing school districts. cba ,, <509, July 18, 1907. 340. North Dakota: Amendlug in. a minor mauner see. 949, Revised Codes, 1905 relative to attaching adjacent territory for school purposes. Chap. 100. Mar. 14, 1907. 347. North Dakota. Amending secs. 938. 939, 940, 941, 943. Revised Codes, 1905, relative to the creation of sj>eclal school districts in incorporated, cities, # towns. and villages, constituting a part pf a school district, and to dividing the property and Indebtedness of such school districts. Chap v 223, Mar. 13, 1907. 348. Ohio: Repealing, nnd reenacting with amendments, sec. 3923, Revised Statutes (1905), ns amended Apr. 25, 1904 (S. It. 57, p. 344, Daws, 1904)., .abolishing Joint subdlstricts. Providing for control of territory of sulHllstrlcts forming a part of two townships, both of which have Apr 15 1908 . . 349. Ohio •"'Repealing nnd reenacting with amendments, sec. 3893. Revised Statutes (1905), relative to the, annexation of territory to municipalities affecting school districts. Providing for procedure for transfer of proi>ert.v df annexed territory. H. R. 938. p. 117, Apr. 15, 1908. 350. Oklahoma: Amending sec. 1, art. 1, chap. 33. La*s. 1905, relative to the consolidation of school districts and transportation of pupils to and from school. Requiring three-fourths vote Instead of majority vote to effect con- solidation. amp. 77, g. b. 237, p. 070, May 2, 1908. ■M am fa BTAT1 f OHOOL SYSTEMS C LEGISLATION, ETC., 10OS-8. 801. Oregon: Set enactment No. 1858. D 852. South Carolina (1007) : Constitution, art. 9, aec. 2, providing that no charter of Incorporation shall he granted, changed, or amended by special law, relates to private or quasi public corporations, and not to school districts.— State t\ McCaw, 58 S. E. >45, 77 S. C. 351. D 358. Texas (1908) : No express provision of the constitution of the State inhibits the legislature to authorize the incorporation of independent Ischool districts having territory In more than one county, nor can such a limitation be ImpHed from any of its provisions.— Park v. West, 108 S. W., 406. D 354. Texas (1908) : Under constitution, art. 7, fee. 3, as amended In 1883, providing that the legislature may provide for the formation of school districts within the counties of the State by general or special law, with- out the local notice required In other cases of 8|>ecial legislation, the legislature has power to create Indej>en<]ent school districts without the notice of an intention to apply for the passage of such an act being given, as required by const., *art. 3, sec. 57. — Snyder v. Baird Independent School Diet., 109 8. W., 472. 855. Utah: Relating to cities of the first, second, and third class, providing for the settlement between a school district or a part of a school district and a city when annexed by extension of city limits. Chap. 56, Mar. 14, 1907. 856. Vermont: Providing for the union of town and Incorporated school dis- tricts. No. 58, Dec. 12, 1900. j 357. Vermont: Extending the laws relating to the maintenance of schools in towns to school districts in unorganized towns and gwes and to incor- porated school districts. Repealing sec. 1, act No, 2, Acts, 1898 (secs. 656, 826, 828, 829, 851, Statutes, 1904). Act No. 00, Dec. 18, 1906. (Apr. 1, 1907.) 358. Virginia: Providing for the organization and government of incorporated communities which have no corporation courts, contain less than 10,000 Inhabitants, and are hereafter declared to be cities of the second class. " Constituting such second-class cities sr separate school districts, pro- viding for one superintendent of schools for city and county. Manner of levying taxes. Sec 15, chap. 2, Jan. 23, 1908. 359. Virginia: 'Amending and reenneting subsec. 2, chnp. 240, acts, 1906, as amending sec. 1470, Code, l&M, relative to the division of school districts and subdistricts, etc. Striking out clauses providing for approval by state superintendent. f Chap. 42, Feb. 15, 1908. 890, Washington: Amendlttf sec. 75 (Code of Public Instruction), relative to school districts of cities of 10,000 or more inhabitants. Providing for annexation of adjneent or contiguous territory. Pro-* csdure. Sec. 17, chap. 240, Mar. 18, 19ttf. 891. Went Virginia: Enlarging the boundaries of the independent school dis- trict of the city of Charleston. Providing for special election. - Chap, 17. Feb. 22, 1907. STATE FINANCE AND SUPPORT, 78 B. STATE FINANCE AND SUPPORT. (a) General. The comparatively largo number of enactments relating to finance and support exhibits clearly the continued and increasing importance of the financial aspects of public education. Of the fiscal legislation of a general character, that pertaining to the use of the “ Forest Reserv^ Fund” is most prominent*, California (362), Idaho (364), Montana (36G) , Nebraska (367), Nevada (369), Oregon (374), Penn- sylvania (375), Utah (378) , Washington (380), and Wyoming (382) provide that a certain proportion of this fund shall go into the public-school fund. The two decisions, Kentucky t (D 365) and Texas (D 377), upon the question of sectarian instruction, and the consequent right of schools to participate in the distribution of public-school funds, are noteworthy additions to the decisions already rendered in a number of States upon this point. * 362. California: C renting the “ United States Forest Reserve FnDd" and regu- latlug the manner of apportionment. Fund to be composed of 10 per cent of moneys received from forest reserves In pursuance of act of Congress June 30. 1006. Fifty per cent of the apportionment received by any county to be placed to the c of the unapporttoned county school fund. _ D 363, Florida (1005) : The legislature has the power to prescribe what college or colleges shall he the recipient or recipient* of the interest on the fund ' derived from the sale of lnndR donated by act of Congress July 2, 1862, chap. 130, 12 8tat., 508, for the maintenance of one college at least for Instruction In agricultural nud mechanic arts. — State v. Bryan, 30 929. 364. Idaho: Providing for the disiwRltlon of the forest reserve funds received and that* may be received from the United States, for the benefit of the - public schools, a public roads of the counties in which forest reserves are situated. State treasurer to apportion the distributive share of such funds among the severul counties In which such reserves are situated In pro- portion to the area of such reserve in such county. Twenty-five pef cent thereof to be paid to the general school fund of the county for use in the construction, support, and maliftenauce of public-school houses and - schools. s R No 33 |v 1(J2i Mftr 1(X)7 ; D 365. Kentucky ( l!X). r > ) •: A prnyer offered at the opening of a public school. 1m- plorlng the aid a ad presence of the hen von 1/ Father durlug the aay s work, asking fof wisdom, patience, mutual love, and respect looking forward to a heavenly reunion after death, and concluding in Christ’s name, Is not seeturinn, and does not make the school a ** sectarian school," within const., sec. 180, prohibiting the appropriation of educa- tional funds in aid of sectarian schools.— Hack ett t\ Brooksvllle Graded School Dlst., 87 S. W„ 702 ; 27 Ky. Law Uep., 1021 ; 69 L. B. A., 592. Chap. 277, Mar. 18, 1907. 7 p 74 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1006-8. r 86a Montana: Providing for the distribution among tlio vnrlous counties en- titled hereto of the money derived from forest reserves under net of Codfcress, June 30* 1900.. One-half of amount to go to genera 1 school fund- Chap. 127, Mar. 0. 1907, 367. Nebraska: Providing for the distribution of the United Stntes forest reserve fund established under act of Congress* June 30, 1900. Four-fifths of fund to go to public schools. Prescribing method of distribution and Apportionment, j Chap. 143. Mur. 20. 1907. D 3C8, Nebraska (1908) ; Under unconstitutional acts of the legislature, the countv lK>ard levied taxes ostensibly for the high-school district, which the taxpayers voluntarily paid. Hrld, that the taxes may he distributed to the high-school district of the county under tVe provisions of subse- quent legislation. — School l)lst. No. 30. Cuming County r. Cuming County. 110 N. \W* 532. 369. Nevada: Providing that 10 per ctmt of proceeds of fees which Issue to the epu titles from national forest reserves be paid into the county -school i ' fund of the county. . . Chap. 191, Mar. 29. 1907. 370. New Jersey: Amending sec. 1, chap. 277. Laws, 1907. as amending chap. 235, Laws, 1898 (Revision, 1898), relative to punishment of crimes. No contract by any State Institution or department excelling $1,000 (formerly $500)* without due advertisement and bond* except by state- house commission. Chap. 23. Mar. 25, 1908. 371. North Dakota: A meml lug secs. 920. 92K. and 935. Revised Codes. 1905, relathe to deinislts of school funds and the Interest thereon. Chap. 103. Mar. 13* 1907. 372. Oklahoma: Conferring jurisdiction on the supreme court to hear and .determine actions brought to equitably divide and apportion the pro|terty. assets, and liabilities between, certnln'countlcs In the Stute of Oklahoma, fixing basis of such divisions and npiwrtlonment. and providing a pennlty for unlawfully withholdipg money belonging to counties, school districts. * municipal townships, cities, and towns, and declaring an emergency. Chap, 20, 8. B. 109, p. 280* Apr. 1<>, 1908. 373. Oklahoma: Providing for and regulating proceedings In cases of escheats - of propert^Kis enjoined by nrt. 22, Constitution. Proceeds of such escheated proi>erty to go .to public-school fund of __county in which situated. Prescribing procedure. ’ e _ Chap. 32, H. B. 013* p. 387, May 2^1008. . 374. Oregon: Providing for disposal of 10 per centum received from/be.United States Government for forest reserve rentals. , 1 Money to be divided equally between schoC. nnd road funds. Chap. 160; F?b. 25* 1907. L * 375. Pennsylvania: Appropriating $80,000 for payment of annual fixed charge for school and land purposes on land held -for forest reserves. According to No. 81, acts. 1905. (See enactment 189, Bureau^ of Educa- tion Bulletin, No. 8, 1906, p. 41.) 876, South Carolina: Authorising state treasurer to receive from the United ^ States Government a certain fund and to hold the same subject to the uses declan by an act of Congress. t „ Act No. 345^n. 790. Feb. 20. 1907, STATE FINANCE AND SUPPORT. 75 I) 377. Terfafi (190ft) :« The holding of certiftn exercises In the public ^schools. . //c/rf.NwHb v If i lute constitution, nrt.’fj see. 7. und art. 7. see. 5, prohibit*'' lug the drawing from the treasury of money for the benefit of sects, re- ligious societies, etc. — Church r. HuJlotfkt 109 S. W., 115. ' It Is the puriKise of the constitution to forbid the use of public funds for the supiwrt of any particular denomination of religions i>eople* whether they l>e Christians or of other religions. — Ibid. 37X. Ctah: Creating "the county road and school fund from forest reservp, and providing for the npi>ortlonment and distribution thereof. One-hnlf of npfwrtlonmcnt to he devoted to school districts. . .Chap. 145. Mar, 25. 1007. I) 379. Virginia (1907): Acts *1ft0(VT0, p. 105. chap. 122, hw. 10. relating to taxation of the Hamilton Normal >and Agricultural Institute. held only to protect such institution against higher or different taxes than are levied against other educational Institution? within the State.— Common- wealth «. Trustees of Hampton Normal and Agricultural Institute, 5fl S. E., 594. jjind, houses, etc., belonging to an educational institution, renteerHons for profit, hftrt not usihI exclusively for educational pur* i>ows, within const Unt Ion. 1*09, art. 10. set:. 3. exempting such property from taxation.— Commonwealth r. Trust* vs of Hatton Normal and^vgri- cultural Institute.— Ibid* HftO. Washington: Providing for distribution and cei v*h 1 from forest reserves. To bd expended fpr pnldie schools »»*l roads. • Chap. 185, Mur. 15. 1907. I) :{Sl. Wisconsin (100SI : Ijiws. |>. 2 34. dull'- 18*. ns nin«n<\W I'V'U'vs, liHK’i, p, 525. chap. 329. requires a fn*e High school hoard. If facilities war- rant to permit |x»rsons of sdlmol age residing in any town or Inoorpo- rated village not within a free high sclmol district to attend such high se entered on the tax roll against the part of Hie town or city not within the high school dis- trict from which the tuition* is dt\o. Hcjd* that such tuition Is payable to tlie high school district lu which instruction Is afforded, and not to the city containing such district, so that an action to recover the saibe must be brought bv the district, which is a quasi conmratlon. and not by the *rl t y . — City of Columbus r. Town of Kmmtnln Prairie, 715 Y.W.. 111. ^ aft2. Wyoming: Regulating distribution of funds received out of Tnlted States foreRt reserve fund. Apportioning fund to counties in proi>ortlon to reserve acrenec con- tained, one-half to Hthbol districts and one-lurtf for betterment of public t roads. ^ • Chap. 7, Feb. 9^ 1907. » ’ Him* erfeni pemUture of moneys re- (b) State School Lands. » The legislation relative to state school lands is characterized by providing for additional safeguards of this endowment of public education so as to prevent as far as possible the dissipations of these lands through the various forms of unwise disposal. North Dakota (397) proposed a constitutional amendment relative to the sale of school fanas; Oregon (403), South Dakota (406—408), and Washing- ton (414-417) enacted protective measures. , ■ — " * ““ ' ~ “ pe« “ Recent decisions.” at the close of this bulletin, for complete text of decision. STATE SCHOOL SYSTEMS: LEGISLATION, BTC., 1906-8. The constitutional provisions in Oklahoma (400), and the several enactments With reference to the care of the school lands of fhat State, have a considerable contemporary interest. Ia lieu of sections 16 and 36> and other lands in Indian Territory, Congress appropri- ated to Oklahoma (432) $5,000,000, which sum4s diverted to the use and benefit of the public schools of the State. \ 383. Iowa: Repealing secs. 2808 and 2850, Code Supplement, 1902, and sees, . 2800 and 2S50, Code, 1807, and reeuactlng substitutes with amendments, relative to the |>ermanent school fund. ^ Sundry amendments concerning procedui^ In the sale and resale of school lands: reports by county officials ; apportionment of Interests and rents; compensation of county auditor. Chap. 151, Apr. 10, 1907. \ 384. Kansas: Relative to forfeiture of right and Interest of certain purchasers In nnfl to school lands, prescribing manner in 'which such forfeiture may be shown, and limiting time within which actions may he brought by such purchase™ to recover such lands, or for the determination of their interest therein. ^ * ( Chap. 373, Jan. 24, 1907. 885. Kansas: Providing for the sale of Islands In navigable streams for benefit of permanent school fund. Chap. 378, Mar. 7, 1907 ft 380. Louisiana: Amending and reenacting sec. 2902, Revised Statutes (190i), relative to leasing of school lands. -Providing for election to determine npon sale of timber or lease of mineral • rights. [Procedure. Act No. 129, July 2, 1908. 387. Louisiana: Memorializing Congress for a bill granting to the State the public lands of the Tutted States situated in the Stnte, the proceeds of the sale thereof to be used In the support of the common schools Act No, 272, July 9* 1908. 888. Montana: Relating to Election of Indemnity school lands and lands granted to all suite Institutions of learning and for public buildings In Monfttna. further selections to be. made hi counties In which Stnte haw already selected 100,000 acres or more. Chap. 50, Feb. 27, 1907. V S89. Nebraska: Amending sec. 98G5, Cobbey’s Annotated StatuteSTs^903, relative ^ certificates of purchase of lands heretofore sold, and rtmealiug sec. w 9070b, Oobbey’s Annotated Statutes. Supplement, 1905. * \ Fixing rate of Interest nu sale contracts heretofore Issued; providing \for the Issuance of sale contracts for lands hereafter sold, and fixing rate of Interest on same, and providing for interest on Interest and rental after due. Chap. 138, Apr. 5, 1907. $p0. Nebraska: Repealing, and reenacting with amendments, sec. 9870, Cob- bey’s Annotated Statutes, Supplement, 1906, relative to the sale of edu- cational lands, and repealing secs. 9870a, 9870b, 9870c, Cobbey’s Annotated Statutes, Supplement, 1906 (chap. 144, ^aws, 1906). Sundry amendments relative to whom sales of educational lands may be made # Chap. 134, Apr. 9, 0907. \* J m STATE FINANCE AND SUPPORT. 77 ' 301. Nebraska: Repealing, nnd reenacting with amendments, flee. 9872, Cobbey's Annotated Statutes, 1903. relative to taxation of certain public lands. Providing for taxntlon of educational and saline lands held on sale contract chap. 135, Apr. 4, 1007. > 302. New Mexico: Refunding to territorial Institutions moneys used for ex- pensee In selection and location of public lands, and providing for l>ny- ment of future expenses In the selection and location of public lands. Concerns, among others. Rlimi Asylum, Military Institute, normal schools. School of Mines, Deaf and Dumb Asylum, Agricultural College, university and common school income fund. Chap. 71). Mar. 21, 1007. • ►3. New Mexico: Providing for the leasing, wile, management, and control of * all lands now owned or hereafter acquired by the Territory; creating a territorial land office, a commissioner thereof, an^l prescribing the duties of such officer ; providing for the on re, custody, disposition, and Invest- ment of moneys derived from all territorial lands by leasing, wile, or # otherwise. Repealing chap. 74, Taws, 1399; chap. 09, Laws, fl>01 ; clmps. 78 aud 81, Laws, 1903. and chaps. 90 and 111, Laws, 1905. Relating to the disposition of revenues derived from land sections 16 and 36, the crediting of the same To the common school fund, ami the apportionment aud distribution to the several counties, « Sees. 31, 32, and 39. chap. 104, Mar. 21. 1907. 39L North Dakota : Authorizing holders of state or school land contracts for lands over which nil Iron ds have been or may be located and established subsequent to the Issuance ofgucb contracts, to surrender ^nch contracts and obtain new contracts f^jie land less the rights of way t^ulped for such railroad, nnd providing for the payment to the/State of the balance of the purchase price of the land required toyAueh rights of way and the Issuance of deeds therefor. f Cbup^gST), Mar. 19, 1907. 395. North Dakota: Amending sec. 183, Revised Codes. 100.», relative to the surrender of state or school land contracts and thejllvlslou of the land covered thereby, nnd the Issuance of nCw contracts for smVwubdt visions. Chup. 226, Mur. 30, 1907. 390. North Dakota: Amending sec. 182, Revised Codes, 1905. relative to assignee of purchasers of school lands. ^ ^ Chup. 227, Mar. 8, 1907. 397. North Dakota: Agreeing to Amendment, proposed by legislature of 1 905, ta sec. 158 of the constitution relative to wUo of statoJihnds. Modifying conditions for nplllflcutlon of cop tracts fur sale fnr non- payment of taxes. (Vote Nov., 1908.) * M 1908 . 399, Oklahoma: See enactment No. ^92. 111,1 ..I. r'-v STATE SCHOOL BYSTEMS : LBGI8LATI0W , "BTC., 190fe-^8. - 400. Oklahoma: Uonkltutlonai provisions concerning state and sdiool lands (adopted Sa^ri7, 1907). \ 'Y ' 1 Abticle XI. STATE AND SCHOOL LAltDB. “ Section 1. The State hereby accepts all grants of land and donations of money made by the United States under the provisions of the enabling act, and any other acts of Congress, «for the uses and purposes and upon the conditions, and under the limitations for which the same are granted or donated; and the faith of the State Is hereby pledged to preserve such lands and moneys and all moneys derived from the sale of any of said lands as a sacred trust, and to keep the same for the uses and purposes foK which they were- granted or donated. " Sec. 2. All proceeds of the Bale of public lands that ijave heretofore been or may be hereafter given by the United State? for the use and benefit of the common schools of this State, all such ]%• centum as may be granted by the Tutted States on the stiles of public lands, the sum of five million *dollnrs appropriated to the State for the use and benefit pf the qommou schools In lieu of 81*011008 sixteen and thirty -six, and other lands of the Indian Territory, the proceeds of all property that shall fall to the State by escheat, the proceeds of all gifts or donations to the State*#or common schools not otherwise appropriated by the terms of the gifts, and su5h other appropriations, gifts, or donations as shall be made by thepleglslat ure fbr the benefit of tiie common schools, shall constitute tie permanent school fund, the Income from which shall be used for the maintenance of the common schools in tfle State. The. principal s^all be deemed a trust fund held by the State, and shall forever redialn inviolate*. It may be Increased, but shall never be diminished. The State shall reim- burse said i>erniAnent school fund for all losses thereof which may any manner occur, and no portion of said fund shall be diverted for any other use or purpose. 1 ' Sec. 3. The Interest and income of the. permanent sclnfcl fund, the 1 net Income from the leasing of public lands which have l>een or may be granted by the United States to the State for the use and benefit of the common schools, together with any revenues derived from taxes author- . lased to be levied for such purposes, and any other sums which may be added thereto by law, shall be used and applied each year for the benefit of the common schools of the State, and shall be, for this pur]K)se, appor- tioned among nnd between all the several common school districts of the State In projHirtlon to the school popUtfftlon' of the several districts, and * no part of the fund shall ever be dlywysi from this purpose, or used for any other purpose than the support and maintenance of common schools for the equal benefit of all the i>oople of the State. "Sec. 4. All public lands set n|*nrt to the State by Congress for chari- table, i>enal, educational, nnd public building puritoses, and all lands taken In Heu thereof, may be sold by the State, under such rules and regulations * as the legislature may prescribe. In conformity with the regulations of the 'enabling act. ta * “ Sec. 5. Section thirteen In every potion pf the State, which has been - granted to the State, shall be . preserved ^Jor the use arid benefit pf the * University of Oklahoma and the Unt^flllty Preparatory School, one- third; of the normal schools now established, or hereafter to be estab- lished, one-tfilrd; and of the Agricultural and Mechanical College and Colored Agricultural and Normal University, one-third. The sold lands or the proceeds thereof as* above apportioned to be divided between the institutions as the legislature may prescribe; Provided, That the said lands so reserved, or the proceeds of the sale thereof, or of any Indemhlty lands granted In lieu of section thirteen shall be safely kept or Invested and pi^served by the State as a trust, which shall never be diminished, but may be added to, and the Income thereof, interest, rentals, or other- wise, only shall be used exclusively for >he benefit of said educational Institutions, Such educational institution^ shall remain nnder the ex- clusive control of the State and no part of ibe proceeds arising from the , sale dr ‘disposal of any lands granted for educational purpose, or the tn- r come or rentals thereof, shall be used for the support of any religious or cqUeg* or unlv**$* and no pqrUgn of the fund^ 1 J STATE FIHAWCB AND' fsarwry — 79 " from the sale of sections thirteen or any Indemnity lands selected In lien thereof, either principal or Interest, shall ever be diverted, either tem- porarily or permanently, from the purpose for which said* lands were granted to the State. „ “Sec. 0. The permanent common school wad-other educational funds shall i>e invested In first mortgages upon good and improved farm land* within the State (and In no case shall more than fifty per centum of the * reasonable valuation of the lands without Improvements be loaned on any tract). Oklahoma state bonds, county bonds of t&e counties of Oklahoma, school district bonds of the school districts of Oklahoma. United States bonds : preference to be given to the securities In the order named. “The legislature shall provide the manner of selecting the securities aforesaid, prescribe the rules, regulations, restrictions, and conditions upon which the funds aforesaid shall he loaned or Invested, and do all things necessary for the safety of the funds and permanency of the investment.*’ 401. Oklahoma: Providing for appraisement of lands granted to the State for educatl 404. Oregon 0907) : Constitution, art 8, sec. 5, provides that the governor, secretary of state, and state treasurer shall constitute a board of com- 1 mlssloners for the sale of school and university laftds and foi; the invest- ment of the fhnds arising therefrohi, and their powers and duties shall be such as may be prescribed by law. Held , that such board was the state’sinstrument for theaaleand disposition of state school lands, and Its decisions with reference to who should be entitled to a patent prior to the Issuance thereof were not subject to review by the courts. — De Laittre r. Board of Com’rs, 140 F. 800. 405. South Dakota: Amending sec. 393, art. 1, chap, ft, Revised Political Code, 1003, relating to feetftlerfvAl from the lease and sale of school and pub*- lie lands. , < Chap. 225, Mar. 0, 1907. v •• ■*- r ■ [r - _. _^ r ._ ' 8TATS SCHOOL SYSTEMS: LEOtBLATIOH, ETC.-, 1906-8. 40& Soath Dakota: Providing for the classification and aale of indemnity, common aehool, and endowment lands. Providing for classification Into agricultural, tlmte /^ nd n f r ^ zl ( ^, and for the annual sale, beginning with the year 1908, of 50,000 acres until one-fourth of such lands Is sold. ^ ^ ^ ^ J9a7 4OT. South Dakota: Promoting the elnktng of artesian wells upon echool and public lands- ‘ chap. 227, Mar. 7, 1907. 408. South Dakota: Amending see. 385, Revised Political Code, 1903, as amended by chap. 145, Laws, 1905, relative to patents to state lands. , chap . 228, Feb. 8, 1907. 409. Texas: Validating certain sales of schcpl land ®^ ^ J4 1907 Is. *t 410; Texas: Authorizing the commissioner of the general land office, with the consent and approval of the governor and attorney-general, _ to sell the . guaynlo, lechugullla, and other vegetation on school land, and to enter Into contracts for the purpose of determining the commercial value of substances found upon public free school land. . Chap. 135, Apr. IS, 1907. 411 Texas: Providing Tor the survey of mineral bearing school lands. „ ' ' Chap. 147, Apr. 19, 1907. r> X19 Texas (1908) : The policy of the State In the dlsi>osltlon of Its school Elands Is to sell only to those who will nclnnlly settle on them and occupy them as homes.— Bourn v. Robinson, 107 S..V\ ., 413. Utah: AppVoprtattng $5,000 to the' state board of land commissioners for the employment of counsel and costs and excuses of witnesses 1» the prosecution or defense of suits, action, or proceedings, wherein the title or * ' right of the State to echool lands Is brought Into question. * Chap. 11, Feb. 28, 1907. 414. Washington: Amending sec. 25. chap. 68, Laws. 1901, as amended by sec '.1,1 chap. 127, Laws, 1905, relating to assessments of state, school, grantedfj and other lands for drainage purposes. Chap ^ Mar p 1907 415. Washington : Relative to the board of state land comlasloners. Providing for an Investigation and report to the legislature upon the management of and laws concerning public lands.^ ^ ^ 416. Washington: Amending sec- 14, chap. 89. La»e. 1897. relative to the sale or ldase of state lands. ir,2, MaV. ■n.v; a i Chap. 152, 13, 1907. 417, Washington: Amending sundry sections of .Annotated' Codes and 8ta, “ t “ relating to the selection, survey, management, reclamation, lease, disposition of state lands. chap 256, Mar. 20, 1907. (c) Permanent 8ttte School Funds: Composition and Investment. The moet imporiant item of legislation under *“} . = Vermont (#88), providing for the nrn^^investamt,^ »■“ - •* **t 9 Mnpanent echool fund crested m lwi \ J state finance and SUPPORT. ' 81 * i legislation was the direct result of the plan formulated by the Special commission appointed in 1904. It is thought to be of sufficient gen- eral interest to warrant the presentation of the measure in full. The use of the federal payment' of $5,000,000 to the State of Oklahoma (432) . for the benefit of the common schools of that StiUe has already been noted^ Nebraska (425) and North Dakota (430) each projxised amendments to their constitutions relative to the extension of the investment of educational funds. ' fund to the t with Inter* 417a. California: ProvldinK for the loan from the achooHau State of $250,000. und providing for the transfer, repay!! est, etc. 0 Exempting money ko loaned and transferred from the provisions of free. CS0, Political Code. 1UO0. relative to the conversion uf school funds Into bonds. • Chap. 400. Mar. 20. 1007. , 41 s. Iteiaware: Authorizing and directing the state treasurer to transfer the^ Made in order to observe provision of sec, j, art. X, of state consti- tution. concerning tubJuvlcInhlllty of -the school' fund. 4L \ Jt, Kos., Chap. 208. Jan", 1007. 4lft. Indiana: Directing the distribution of certain s|Kvlal funds, as a port of the common school fund, ijud providing for the adjudication of " mi- claimed estates** funds for pnymonil Into common school fund. Sj>ei*lnl funds known ns " ctminionN^’hool fund balance,** u old sinking fund,’* "surplus revenue fund." "excess bid sinking fund.'* "sales com- mon schools lands." mid "sales swamp land." thtal. $90,828.95, to become |mrt of c*onnmm school fund. Also* unclaimed whites funds remaining In state treasury for five years. Chap. 43, Eeh. 2T>, 1007. 420. Indiana: Concerning the publishing for loan of the common school fund. Providing for quarterly advertisement by county nmlltor of amount V ^ aniijrx-t to lonu; tnnxlmum publication f(*e of $1.50. Dtan fundff of $1,000 to be i >osted In auditor’s office. Si*vlftl provision foj* publication in cities. Penaltv foe noneompl lance by auditor. 9 Chap. 50. Feb. 25, 1007, 421. Kansas: Repealing, and reenacting with amendments, chap. 473. l4iws. 1905, relative to the exrhnnge of bonds held by the i>emiiment school fund. ' ' * Chap. 377, Mar. 9. 1007. 422. Massachusetts: KeiteaMng. and reenacting with amendments, chap, 100. nets. *1903. relative to the technical education fund, rutted States grnnt. Chap. 121. Feb. 10, 1907. 423. Minnesota: Amending sec. 2435. Itevisdd Uiw«, 1005. relative to the board of Investment of permanent school and university funds. Sundry amendments regarding investment and Interest. * * Chap. 348, Apr. 23, 190T. MAiseaota : .Relating to the swatnpdaTtd fund of the State of Minnesota. Providing for the transfer of certnln funds arising from the sale of swamp lands to the 14 swamp-land fund.'* Allotting one-half of the annual interest therefrom to the 41 general school fund M and one-half to the “ revenue fund*”* 44 Revenue fund M tho sever* l educational and ‘charitable Institutions. to go to the several educational and Chap. JWB, Apt. \4 f 190T.* \ 82 STATE SCHOOL SYSTEMS ; LEGISLATION, ETC*., 190S-8. 425. Nebraska: PrQ^oelng ati amendment to hoc. 0, art. S, constitution, lSifV, relative to th 'rcmoelng thdMfet ment of educational funds. Extending power of Investment so ns to turlilde registered school dis- trict bonds of the State and such other securities as the legislature may from time to time direct. (Adopted, November, V.m.) Jt. Ices., Chap. 201, Mur. 5, W)Oi. 420. Now Mexico: Helot! ve to the salt* of intoxicating liquors on trains. Funds derived from licenses and fines to he paid into 'territorial school Sec. r>, I’liap. 8, Mar. 0, Kx>7. 427. North Dakot^: Amending see. HA, Hevistnl Cinles, l'.HVo, providing for tin* * nppolutmeut of a deputy eon/iulssioner of unhersity and rcImm .1 lands. Substitutlijg deputy far cl.V^ clertj, ^ ^ ^ 42S. North Dakota: Amending W‘f. \ r.r.X elm l >. -1, Ucvisod ('odes, mid ' amendatory nets, relative to imVstfyent of iH'rmmient school funds l.y the board of university and schoolWnds t see ehni>. 1 ■ Extending power of Investment so ns to Include bonds of counties and townships within State. Providing for con.|>ensnti..n of members ot board. Sundry amendments concerning eomlltions of Investment In farm n,ortBagWl ' chap. 224. Mar. IP. 1907. 429 North Dakota: Amending see. 133. elmp. I. Hevised C.n'les, l!«lo. relative to Investment of permanent school funds by the hoard of university and - school lands (see chap. 224). chap. 2'2S, .Ian. 1(1, 1907. * 430. North Dakota: Agreeing to amendment pressed by legislature of 1903, to i sec. 102 of the constitution, relative to Investment of iiernmnent school funds. . . . . , Extending investment ho as to include comity. township ftimilri|sil. uud drainage bonds of Slute. and bonds of other State, that have ' repudiated any indebtedness. - Com lies., p. 4f>t>. Mar. 23, 1907. 431. Oklahoma: Conferring on the commissioners of the land office, consisting of the governor, secretary of state, state auditor. su|K>rlntemle..t of publu Instruction, and president of the board of agriculture, authority to manage, loan, Invest, and regulate lnvedfcmh.t and dei«.slt of the per- manent school funds. Clml) 7Cj „ s , ,, ,»•,». Dec. IS. 1907. 482 Oklahoma: Authorizing payment to the stifle treasure# of $3,000,000 and Interest thereon, u-pprUpriated to the State of Oklahoma by no net of Congress, June 10, 1900, for the use and benefit of the common school# < of the State, In lieu of sections 10 and 30 and other lands, In Indian Territory. cbal) _ 7^ h. B. 048, p. tW!2, Dec. 17, 1907 ♦488. Oregon: Memorializing Congress to enact a law to give tn/fheRtihef to become a part of the principal of the lrreducIHle aghtflT fund, the net receipts -of the Government of the United States from all the forest reserves with la tbe State. t f . g. Jt, M^dQ. No, 5, p. 518, 'Feb. 14, 3907. 484. South Dakota: Authorizing the commissioner of school and public lands to* self pine timber grown upon such Inndtt. Obey. 224, #&U 35, 1907. II *T M — Proceeds to go to permanent ecbooi fund, ... i A M. - •'* * STATE FINANCE AND «UPPOBT. 83 435. Vermont: Providing for a j>ermauent public-school fund , 0 creating a board uf trustees to manage the same, and directing the Investment and dis- tribution thereof. Amending sec. 740, Public Statutes, 1894, and repealing secs. 737, 738, 741, 742, 743, 744, 740, 750, 751, 753, and all amendments thereto. Public Statutes, 1894. Repealing *4 No. 42, Acts, 1904. * Skction 1. The sum of two hundred forty thousand dollars returned by the National (iovernment to the State In settlement of the civil war claims, the Huntii)gton fund, the Putted States dejwsit money, and such other additions as may hereafter be made to the fund hereby established shall be forever held Intact aud'in reserve as 11 |>erjinineiit public school fund. ** Skc. 2. A board to be known as trustees of fM’nnunent Behind fund Is hereby eeruiHnent public school final in the following-named securities only: Pnlted States bonds, state bonds, lnuids of cities aud school districts located In the Putted States, excluding Territories, uuopulatlou of over twenty thousand, and bonds of towns, cities and villa gw In this state. whose total Indebted’ ness does not exceed live times the amount of the grand list. Said board of irustivs Is emiHovered to receive gifts. bequests or additions to such I«*rm:ment public school fund, ami all purchases and snleH of securities shall be made by. and all securities shrill t>e taken in the name of. ami far as itosslble made livable to tin* trustees of permanent school fund. “Skc. 13. The income only from said jternmnCnt school fund shall be t * covered Into the Rtate treasury, fifteen thou wind dollars of which Hhull annually be divided among the towns, cities, and unorganized towns- and gores entitled thereto. In the same manner ns the forty-five thousand dollar reserve funjl Is divided, and the remaining portion of the Income shall be divided by the state treasurer among the towns, cities, and un- organized towns and gores according to the number* of legal schools maintained the jirecedlug year, Jtnd’such division shall be made at the same time the moneys derived from the state school tax are now divided. The Income thus distributed shall be UHed solely for the support of public schools, and shall, in unorganized towns nnifVores. In* divided equally Ih 1 - twi^en the several school districts which have maintained a legal school the preceding year, and in towns having a district lncorjwrated by a HiKK'in 1 act of the general assembly, as Ip provided for the division In such tow us of nionev received from the State school 'tax.’* Act No. 34. Dec. 14.A900. 43ti. Vermont: Dl root hffc s the payment for printing 300 copies of the re|>ort of tin* si win 1 commission ot^i>ermnnent school fund. ( ,lt. Res. No. 494, Dec. 7. P.KMl. 437. WushlngtotK Providing for investment of the iw*rmnneut school fund aud 1 ter mu non t funds of the normal schools, state university, scientific school, . agricultural college, and charitable, educational, |K*im), and reformatory Institutions* Cron t lug *1 state U>ard of finance to 1 m* wtnixwed of governor, state treasurer, and state auditor. Prescribing mode and conditions of In- vestment of funds. ChHp. 12, Feb. 11, 1907. 438. Washington: Relating to escheats. All escheats to belong to permaneut Bchool fund. Cb«pSl33, Mar. 12, 1907. • COwUmI tn norordsnee with rrcommendntlonn of comm l«* Ion provided for hy sc* No. 42, Acts, 1904. tare cnacU^of No. 209, Bureau of Education Bulletin, No. 3 , 1900.) ^ PSP ¥ I *> K t fi 84 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1006-8, (d) Sttte Taxation for School Purposes. $ The legislation of the biennium with respect to state taxation for public school purposes contains several important enactments. Those of Arkansas (139) , Indiana (411). Maine (413). Oklahoma (44<»). (447). Texas (448), Utah (449). and of Washington (4:>1). are se- lected as indicative of the marked trend to provide for a more. gen- erous support of the public elementary and secondary schools <)t the foregoing list, the increased school revenue provided in Indiana is perhaps worthy of special mention. <■ 430.. Arkansas: Amend log act No. 2U0. acts, 1905, relative turote »f taxation for general state purposes. . IncrenalniK state tax for suiM»ort of common schools* from - 4<> A mills. • >ieo. 1, act ( No. 1S6, Apr. IT, 11*07. 440 Illinois: Providing for the necessary revenue for state purposes. Prodding that there be raised for state school purposes. to he dmug- iffllid iis state solum! fund." the sum of *1.000.000 upon lie assess., taxable S proiHTty- for each of the years 1U«7 and 100S. In lieu of -ho 2 111111 tax s. U. 54U. p. 408. May 27. 1907. 441*. Indiana: Amending sei-. 1. .Imp. 32. Uws. IIMS. providing for the levy of an anmml tax for a state common school tuition fund. Increasing the animal tax from 11 cents and U mills to 1.! cents and . No, 3. looo; suite School Systems. 1 ^ ^ „ m ,- r>440 Louisiana (190s) : The school tnx authorized hy constitution, art. 232. to l.eZhxnn aid of-imbllc sclu mis. t» nut a serial ass.- ^ssn.ent, an I prop.; S exempted from tnxatlou l.y the constitution is "ot MihJiH t ‘ tnan V N. W. It. Co. r. Statedtpard of Appraisers. 4.. So.. -MM. 443. Maine: Amending see. 124. chap. If., ltevls.,1 .Statutes, 1003. relative to the '"'increasing state tax for sap|)ort of common schools from 1 mill to U. . sec. 2, chap. lit. Mar. 2U, 1007. (Jan. 1. 1008). 444 Nebraska: Hepcnllng sec. 11.150. Cobbc/s Annotated Statutes. 1008 1 ' relative to special state tax levy of U mills for the state common school fmld - • (’hap. 123, Apr. 5, 1907. 445. Nevada: See enactment So. £ 9 , 446 . Oklahoma: Providing for a tax on gifts. Inheritances, bequests. legacies. device** and successions in certain caaea. - One-half of proceeds of tax to he used for the public schools of i State a. other available «sot 5 in£ hii aim*ndniBni to sosee ; nue-lialf mill fitr high-sohool pu names. S. J. it No. 2. p. 272 (to I*' effective Jan. 1. Pefeatod. November. 1D0S. v > 4,50, Vermont: Exempting real a ml personal pro|n»rty of rullcgcfnitcruitiOH and societies from taxation. Excepting that held for invesfnient pnrj«Aes. Art. No. 27. IMh-. (i, UWi 451. Washington: Amending see. 111. chap. 11* (Code of Ihthlle Instruction), Ijuvs. ls*>7. relative to state levy of taxes for school pur]n>ses. Increasing amount of annual state tax from ter $10 for every child of school jure, Maxltimm. ft mills. Manner of apitnrtloument. Chap. 102. Mar. 11. 1907. 452. West Virginia: 'Amending and reenacting sec. 100. chap. 55. Acts. 1905, relative to the imyment of tuxes uism property assensed hy the tmnrd of public works. Duty of state auditor In oases of overpayment nf tnxeR. Certificate to county courts, school districts, ami municipalities. Chap. 45, Jan. 25. 11)07. (c) General l iportionment of State School Funds: Special State Aid for Ele- mentary Education. Of the means for the extension and, development of public educa- tion none possesses more widespread influence than that- of the general financial support by the State ns a utiit.^ To this end systems of general state taxation have l>een inaugurated,, and penuanerit N state school funds have been established. By the income derived from these two sources the States have aimed to reduce' the burden of the support, of public schools by local taxation alone, to stimulate the growth of local endeavor for the provision of adequate educational opportunities, and to equalize the frequently varying advantages for education among the different communities .in the same State. The most important problem in this connection is that of an equi- table and just form of distrihutftn or apportionment of the state edu- cational revenues in order that- the ends alxpe mentioned may be * accomplished in the best manner possible, and- in ord£r that the support provided through the State may become a real and positive forc^ in the pijpvision of adequate school facilities for arl the children run the State. Distributions ft) the various Vhool communities of tho Nutate on the basis of taxes paid, property valuation, number rf chil- dren of school age, total school enrollment for & certain definite period, average daily membership, average daily attendance, or aggregate days of attendance may be indicated among the methods that have been devised and utilized, singly or in combination, at various times "by differ^ States. In general', it may be said that ERIC ■YWlfcA. pi ? 86 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1000—8. „ distribution on tlu> basis of the school population or census has been, ' and is. the prevailing method at thegjresent time. A _ The very exident aim of this latter method ^distribution is to diminish the burdens of local support and* to equJpP the educational Opportunities within the State upon the presumption that the school population is the best index of tin? local educational needs. IIo\v-f ever,* in certain States, during recent years, tlie weakness of this conclusion has l>een recognized, and attempts have been made to formulate some single or combination method of distribution. which would not merely preserve an -equality in the amount of assistance given by 'the State'to the different school communities, but which would in reality give help where help was most needed. The methods of distribution on -the basis of school enrollment or attend- ance belong to this class of efforts. More recently, it has come to be recognized thiit the number of tenchers employed gives a far bettor « ' basis for distribution than either the school census or. school attend- C mice, and that a combination basis of the number of teachers and the amount of seliool attendance represents perhaps the most, reputable method (fov the utilization of the state seined fund. Any reasonable estimate of comparative importance would place a number of the items of this group in the front rankof progressive legislation. More, and more each year the different States are endeavoring to extend financial assistance to the least wealthy school communities by making direct, appropriations for the exp&u.si<%:ind improvement of the various grades of elementary scl^ols. Con necticnt (459, 4G0). Florida (401, 402), Maine (400), i Maryland (407), Minnesota (468), Nebraska (469), Ohio (476), TTtah (484), Virginia (486), West Virginia (489), and Wisconsin (491, 492). may be selected as typical of what is being accomplished to raise educational standards by wisely directed financial assistance. In- diana (631) amended her noteworthy enactment of 1905 establishing a reserve fund to be distributed to those communities xvhich had made the maximum local effort permitted hv law for the supphjdjof public schools and y^ were unable to meet the minimum educational demands and standards established by the State. The decision of the California supreme court (D 457) as to the status of kindergartens as a part of the public-school system is .included under this head Itccnuse of the present day widespread interest in the establishment of kindergartens as an integral part of public-school systeip, 453. Alabama: (tec enactment ,Yo. 7 06. 464. Ariaonai Amending subdlvs. 1, 2, and'8, par. 2268 (see. 128, chap. 16, tit. 19), Revised Statutes, 1001, relative to apportionment of school funds. Fixing more definitely claisslflcotlon of districts; Increasing nmounf of apportionment to districts of each class. No district to share in e.iv..* $TATE FINANCE AND SUPPORT. 87 apportionment unless teachers employed hold legal certificates or diplo- mas in force, and unless school has been maintained at least six months during the next prowling school year. Sec. 5. Chap. 07, Mur. 21, 1907. (July 1. 1907.) •i.Vi. Arizona: Amending par. 2240 (sec. 110. chap. 14, tit. 19).^Revlsed Statutes. pk>i. ' relative to territorial school tax. Simplifying method of paying out territorial school revenues by tor- __ rltiu-lul treasurer. \ Sec. 0. Chap. 07, Mar. 21, 1!H)7. (July 1, 1907.) -(.Ml. Arizona: ‘Amending i>nr. 2200 ( «tec. 130. chap. 17. tit. 19). Revised Statutes, 1901, relative to npi>ortlonnient of school funds. Providing for procedure in oases of districts discontinued hy reason nf no average attendenee of less than eight pupils for three months. Sec. 21. Chap. 117 . Mar. 21. 1907. t July 1. 1907.) \ I> .(57. (''fclifont^fi 11905 i : " Constitution, art. 9, w*c. ,V. requires the legislature to provide for a system of " common schools" by which a free school shall he kepi "tip and supiKirted In ctu'li dtstrlet. Sir. 0 provides that the •• pnhlle-sciiool system** shall Include 'primary and grammar schools.'* and such high schools, evening schools, etc., ns may lx* established by legislative or local authority, und further provides that the entire rev- enue derived from the state school fund shall be applied exclusively to the sup|K>rt of ** primary and grammar schools." l'o). (’isle, mvs. It 122. 1*01. reiterate the requirement that the revenue of the state school fund shall l»e 'applied solely to primary and grammar pchnols. Sec. 1 '>.‘12 requires the su|terlntendent of public Instruction to apportion the balance of the state school fund which remains after providing for teachers to the several comities according to their "nvernge dully attendance." as slunvn by reitorts of the county sit|»erlnt cadent s for the preceding year. Sen’s. 1(117, l(*)d2. and lfit 13 n*cugtilze. and make certain provisions In relation to. the adoption of kindergartens as part of the "public primary schools" in cities and towns. UvUi, that, notwithstanding the legis- lative designation of kindergartens ns "primary" schools, such Insti- tutions are not primary and grammar schools" within the meaning of the constitutional and statutory provisions for the distribution of the state school fund, and the kindergarten attendance is not to he com- puted in ascertaining the pro] tort Ion of the school fund to which n county is entitled. —I joh Angeles (‘'minty r.iCIrk. S3 I\. 250. 4. r i*v Connecticut: Amending see. 2. chap. 102. acts. 1903. concerning state aid for supi>ort of schoOlB. ^ ® Requiring, ns a condition of state aid. n certification that ^schools \\ nve Ihhmi taught hy toyf-hers legally examined and qualified uml not dts- approved !>v state /«mrd of education. ('ha ft. 135. June 21, 1907. 450. Connecticut: Amending see. 1, chap, 102, nets, 1903, concerning state aid for support of schools. , Extending provisions of net so ns to include towns having a valuation of Icrs than $1,000,000 (previously, less than $500,000). Appropriating $00,000 for thin |>nr|>one for the two fiscal yours ending Septemlier 30, 1009, Chap. 210, July 17, 1907. 400. Connectient: Amending see. 5, chap. 195, acts, 1903, concerning state Rid for the supervision of schools. Extending provisions of net so as to Include towns having not more N than 20 teachers (vrevlohsly. 10). Chap. 259, July 31. 1907. '• " Recent decisions?' tt the close nf this bullet In. fur cuttplete text of decision. 88 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1966-8. 4. Florida: Providing state nld further than the \ mill state school tax. and*prescrlhlng duty of county school boards. Its chairman and county treasurer, for certain common schools, not otherwise receiving state aid. Appropriating $40,000 annually for the school years beginning July^l. 1007 and July 1. 1908, to Ik; n portioned among the several counties upon the basis of taxable value of property. Said money to he expended in lengthening l»y one month term of schools receiving no state aid other than 1 mill. tax. Surplus to he used only for equipping, repairing, and • furnishing such schools. Funds to lie paid out only upm affidavit ot chairman of county school board that money will In: used for no puriKjses other than those si eel fled In act. „ v _ Chap. 5657 (No. 62), June 3. 19th. Georgia: Amending act No. 471), p. 65, Acts. 1903. relative to securing to the several counties of the State the puhlle school fund to which they are legally entitled. Providing for apportionment of the puhlle hcIhmiI fund whenever new counties are created. » _ m , lu .. Act No. 4S9, p. 117. Aug. 18 . P.hm;. Kentucky: Amending h*m\ 4375, Statutes, 1 ! H g t . relative to a p]n>rt hutment of the school fund. Minor amendment concerning use of excess of ap]>ortioimieut by school districts. ^ s ( hap. 71, Mnr. If). 11)08. Maine: Amending secs. 2-4, chap. 296, Tubllc Laws_J807 (aces. 41 43. chap. 15, Revised Statutes, 1903), relative to district sui>erlntendents of schools and union of towns for school purposes. Requiring Joint school conimlttees'to certify to state superintendent of . schools as well as to the treasurers of the respective towns the amounts apportioned for payment by the several towns. Omitting provision regarding proportional vote in selection of superintendent of schools. State r.ld for supervision Increased from one-half to two- thirds of the salary of the superintendent of schools. Payment to be made dirod to superintendent Instead of to towns. Maximum aid Increased from $*5*> to $800. ** Adding provision that 4 union of towns shall continue three years unless dissolved by ft two-thirds vote of the Jolut committee. ^ 3 Chap. 101. Mnr. 22. 1007. Maryland: See enactment No . Hkl* Maryland: Paying to the school commissioners of Garrett County a supi of money out of the State school tax. i Special awtotance of $4,Od6 per annum for two years to enable minimum school term of seven 'and one- ha If months. STVTE FINANCE AND SUPPORT. 8 & 4erlntcudeut of public Instruction, In addition to the requirements for an assistant teacher in a state graded school. Smh oilier assistants shall be employed us are necessary to prAi»erly Instruct tlie pupils In the school. “id) Adequate provisions for conveying the pupils to and from wild school shall he provided by fodd district. ^ "(cl Said lauds shall he proi»erly divided Into nrerrb for playgrounds, for the planting of trees, crops, ami orunmeutal plants, and shall he so usfMl ami managed as to lx**! serve as a means of instructing the pupils of said schools in farming mid Inane making, and shall be under tlie Immediate management of the principal, with sueli mqiorvlsion as may be given by tin* county su|H‘rlntemlent of schools ami the state hu|ht1ii- tendent of public hint ruction. * •• The sii Id schoolhouse shall he outside of any lnoor|M>rated village or cltv. * " SufH'riHtcmtnit to rvrff/;/.— S f.c. 2. No money shall be paid under the provisions of this act until the state sni»erlnteiuleiit, after, due examination, shall certify thnb.tho conditions of tlie act have been fully complied with. 3 " l t iiHitutiuu*.—&v.v. 3. The i,hl provided by this net shall he grant ml to not more than one school district In any one county. % •• sfc. 4. Tills act shall take effect mul he In force from and after Its passage.” riinp. 304, Apr. 22, 1907. Nebraska: Providing nt least seven months of school In the first eight grades for ail youth of the State whose parents or guardians live in school districts whose funds' are not sufficient to maintain school for seven months. Providing for aimun#stnte aid not to exceed $120 to be applied to i>ay-* meat of teachers’ wages. Maximum local tax must he levied; Prescribing procedure for awarding aid. Appropriating $f>0,(K)0. % (’hap. 110, Apr. 10, 1007, 47. 11HH*. t * (’Imp. 2G7. Apr.14, V.His. 473. Now York: Amending w m\ 12. art. I, tit. 2. .chap. "»r»i ». Laws. 1894 iron* animated school law), as amomlod hy mm \ 1. (‘Imp. 1HG. Laws. 11* M. rda- 1 1 vo-* to t lit* nppnj-t ion in cat and dlstriimt ion of stale and M hor solan d IIKHU’VH. c’luip. at;:.. May Ul. Id* is. 474. Nortli Dakota: fin: rntH'tmrnt .Vo. Util 47”*. lun.'i. relative P cht.,.' 470. 478. 470. 480. 481. North Dakota: Amending hoc. S47. lio\ isod <'t«lc districts ontitlod to* tuition fund. Km | lowering county 8ii|>oriiitondont to witlihold apportionment of state . and county school moneys from districts failing t * ► make census and # other annual rei*orts; also from districts other tlmii new districts fait, lug to maintain school for six school months. Withholding funds mad'* nmndatory with reference t.o schools falling to maintain .school for four . . inonthR. . t Sec. 0, chap. 95, Mur. 19, 1!Ht7. Ohio: Appropriating $45,000 for assistance of weak sch<>ol districts. ^ In accordance wit li provision of net of April 2, llKMi. .11. It. irtn2 ( p. r>23. May 9. 190S. 'Oklahoma: Amending sec. 175, art. Ill, chap. 77, Wilson's KcvIsimI An- notated Statutes, 1903, relative to the apportionment of school final . Intending time for making apixirtlonmont tlilrty days. Chap. 70, S. H. Ml, i». G07. Jan. 17, 19ns. Oklahoma: ' Repealing tdiap. 70 (S. B. I ll, p. GOT), Laws, itN)7-\ ami providing for npjiortiomnent of Income of Ntato school fund and nnminP taxes eolleeted hy the State for support of tin* public schools. to counties of. the State, and 'for apportionment of the federal appropriation. Chap. 7G, S. H. 259, p. GGC. Mar. 21. 190.8. .Oregon: Amending pec. 3371, HelHnger and Cotton's Annotated (’odes and Statutes, 1901, relative to districts not entitled to school fund. Providing that districts must rejiort to county superintendent within fifteen days after annual meeting, and providing also that school must he taught at least four months hi each year (formerly three). , # Chap. DC, Fob. 23, 1907. Pennsylvania: Amending aeon. II, 5, 0, No. 215, Laws. 1897, providing n more Ju*t and equitable met Inal of distributing school appropriation to common schools, and si>ecifying duties of officers In connection there*, with. ■ Changing time of enumeration nml enrollment. Adding provision for (mumerSlbn of tnxableH and enrollment qf school children in cities of the first and second dosses by officers n pointed hy the hoards of edu- cation, and for distribution of school funds to said cities on the basis of such list of taxables. ' Act No. 38, Apr. 4, 1907, Pennsylvania: Authorizing and requiring the superintendent of ptihlh instruction to use the return of the number of children between the age of 0 and*lC years in the several school districts In each county, .now re- quired to bo made by the county commissioners to the superintendent of public instruction, as the basis for distribution of one-third of the state appropriation to schools. ^ jt * Act No. 144, May 8, 1907, STATE FINANCE AND SUPPORT. < > Tennessee: ICt*iH*n 1 tiiK clmi'. 105. Acts, U>03, mid cltnp. 2YX j^Sfts, rolathc to disposition tif the surplus remaining in tin* state treasury nl tin* end of each year b\* «i M »rt>i »rin t ln^ il to use for scholastic purixrses. Providing for appropriation of money for public -diouls of tin* State, be estimated on it per capita basis nifd distributed t<> ihc several count In -pro|nii't bui to their scholastic population, ami approprlat in- a lijflNl sum mutually for the purpose of cm piiil i xii ■ t: the length of tin* school terms in tin* several counties, ami providing fi4Mie distribution of tin* same. (’linik TslT. Apr. Vb. 11KI7. 1) tv’b Tennessee flbOb) : Prior to iXTft tlu^egislaturr iuenriMirated the city ,,f Kimx vii le, willi express power to establish ;nni not lute public scliools. Acts, lS7;t. p. :tii. cluii». UTi. cut It led *■ An net to establish :uul nmlutuin a uniform systein'of public schools,” pnohled that tin* public scliool system should be inimiuisteiiHl by the .state su|w*rliii bmleut . jmrnty superin- tendents. ’f; mi district sebool visitors; and sis-. M , v p. berlnumdeiit of pdueu- * , tlou fof ungraded schools, shall he considered an,elemeutnry school. “ Kec, 2. The sum of twenty thousand dollars Is hereby wet i»»ide In the shite tmt sury for the pur|*oso of aiding towns which hn\e furnlshA), during Hie preceding school year, trans(>ortatlon and board for th^lr resident pupils in attendance ut>oil the elementary schools. A Inaml of STATE SCHOOL, SYSTEMS: LEGISLATION, ETC., l&KMk 4*7, 4KX. 4sn. division, composed of the governor, state treasurer ond superintendent of education, shall, on or before the first day of July annually. a | h >i 1 * t L« * sum heroin provided, among the various towns whirl) 'have furnished such tnmHiHtrtation and board, and which have raised by taxation and ex- landed jpty l>er eeut, or more, on their respective grand lists for school iniriwsear not including interest on the United States de|msit fund, tin*' state school tax and money for new schoolhouKCN, In the following ratio: To towns lia^ng raised and exjiended fifty i*er cent and more, one Hhpiv per dollar expended fo r trnns|M>rtntiou ami board; to towns having raided and expended sixty i>er cent and more, one i^nd one-half shares; and to towns having raised and e\| tended seventy j>er wit and more, two shares. Upon the completion of the npi>nrttonnient the board of division shall forthwith trfl imn;l t the same to the state treasurer, who shall, on or before the tenth (JflfofJWy nnmm-ily, pay the various towns In the State accord- ing to the portion fff^igned by the Itnard of division, 4 * Hk<\ 3, On or before the second Tuesday of April, annually, the hoard of school directors slmll furnish, the town clerk, on a blank furnished said board by the superintendent of education, a sworn statement of the aetual' expenditure by said hoard for trans|H»rtatloft :mh 1 board of resident pupils In attendance tipm the elementary schools, and the town clerk shall. ui>on a blank furnished him by the sujHTlntcn^ent of idnention. certify to »aid superintendent on or before the first day of June* annually, the sum exiK*nded by the board of school directors. fov transiH»rt»tinii ami hoiml of resident pupils, and the per cent actually rnlwd and expeudisl for wchool purposes, not including Interest on United States osit fund, state school hfx and money ex landed for new school buildings. ml no town shall be ent It hsl to any i tort inn of the sum herein set aside for trans- portation and Jion'rd unless such certificate is made as r^iplml. “ Skc. 4. Section 703 of the Vermont Hfntutes Its hereby amended so as to rend ns follows, viz: “‘Section 703. A Jegnl school for the purposes of this chapter shall he one which, during the preceding school year, has btvn maintained for at lenst twentj^elght ^’ecks. during which time the average daily attembwo o of pupils has been not less than six: and which lnts btnai tauglM. by a duly f tMlucutlim, / , Chap. 301) (In imrt), Mar. \A. r.MN. Virginia: A maiding and reenacting suntle8, magisterial and school and indfti»endent school districts, and municipal corporation* nnd providing penalties for illegal exiKjmlituvo of public rooheys, Incurring of Illegal obligations, and laying of Illegal , levies' by any tnx-levylog body, and for-the distribution of a i>ortlon of the school fund. . ^ Levy by' boards of education for building fund limited to 15 cents for 1908 and to 121 cents thereafter. Teacher's fund levy limited to 25 cents. * Cities of less than 10,000 population may levy tax of 10 CentB for high sebool. t Additional tax fort' payment of bonds. When maximum local levy /or teachers' fund Is Insufficient to main- tain schools forotx month*! fit the minimum salary flxed'by taw, State to make dp deficiency. Fifty thousand dollars to bo set nslde by state STATE" FINANCE AND 6UPP0BT. 93 4!M» r.»i 4t>2. k Kiij>erinteutieht fur distribution. PretHxibiug conditions for pavuient o£ mnro thnn minimum galary to teacher*. fSec. 3.) Chap. IK Fob. 2d. 190S. Wisconsin: live enactment ,Yu. 10 JO. M tsronsin: Amending k maintained a school for eight months the previous venr pro- vidiHl a suitable ycliooi^lmildlng and outbuildings, needful apparatus, supplementary renders, mar insta lied an adequate system of ventilation, and done efficient work, shall, for the pur|toses of this act, he deemed to have maintained a rurn 1, school of the first class. 4 ** Skc. Sdoii. Any district maintaining a rural school of the second class hIuhI lie emit UmI ton share in all state *ml county, school money* *\ny district inning-lining a rural school of the first class shall he entitled’ in aiUTttion to tiie moneys specified for rural schools of the second class* to spechiH stale old to the nnionat of tlfty dollars i>er yhnr for three voars to be paiH from the state treasury. -Stfc, fit ini. The state sii|H*rlntendeut shall Inform the eountv and district superintendents ns to what shall he considered needful apparatus Mild p rojicr equipment and an Impjrftved -HTstem of ventilation for rural sclawds; mid in case of disagreement hetwt-en the school district and the county or district superintendents as to whether a. school has the proper eitul pnieiit. Ills Judgment sluilt be final. * \ ’* Skc. rstOJ Any school district which desires special state aid ns pro-* vhhm In sect ioti ntf)h of this act. shall make out an application In writing to I he npmty or district superintendent on a blank furnished hv him sot- ting forth the condition of the buildings, t lie amount rfhd nature of the apparatus in the school and n description of the system of ventilation used or in tiw. Ifni *fefect hi the bidding or ventilating system dm deneuMiry in a pparatus is in process of reiwilr. the count v siHMTintemlcnt may consider It. for the pmiK.seK of this nwdlcntlnn. ns burin* been com- plet*Hl : MihtMM] neat neglect, however, to complete sucli re*uU«| or to make sucli purchases as thb board have previously certified to belli* nrocess of making shall l>e ground on which the county or suite 8u;>erint\*ndent may revoke the approval of Hhe application. 1 , 1 " Skc. fslOk If the cofiuty »u|K>rlmemlwit elm 11 approve of (he appllra- tlon. lie »!m II- Ihdnrso til*- R .1 mo mid remit It to the state siipcrlmMutatf of puWle instruct Ion who slmll not upon the applications In the orrterof, their reception. 11 4 \ " Sko. fxiuj. To each district which tihnll comply with alj the provisions of this net. nn«l. whoso « pplicn t I. mS for nl.l slmll have boon approved hv him, the 8tiito^sijj*rlnteiiilent slinll apportion the stint of fifty dollars whlc'i sltall b« 1 tald !u the settle mmmor ns other forms of special state aid are now ixiUl. * 1 *8ec. MOm. To carry out-the provision# of tills act there 1* hereby appropriated anuually out of the moueys assessed and collected under the* provisions of chapter 313, laws of 1003. amending section ,1073a of the statutes of 18f>8, a sum sufficient to meet all the approved claims coming Chap. 600/ July 12, lOflfr. under thiM»iW1#ofl!rof this not/* 94 STATE SCHOOL SYSTEM6 1 LEGISLATION, ETC., 1906-8. (f) Special State Aid for Secondary Education. • Adequate provision for elementary schools is rightly accounted of first importance in the educationaf economy of the state and city or school districts. More and more, however, secondary or high schools are coming to bo regarded as essential parts of a unified stale system. The encouragement and assistance for the growth of these schools afforded directly by tlifc State have been among the interesting educa- tional phenomena of the last decade or two. Tn practically all the States in which notable progress in public education has been made, some form of special state aid for high schools has been established. The enactments classified under this head are indicative of no new tendency; on the contrary, they Ixmr. evidence of tlie continued special interest evinced by the States for the care of this particular porlhm oj their educational systems. With hut one or two evident excep- tions. each'one-of the enactments of the following group is worthy \pf special mention. Any comparative estimate, however, would give special attention to the legislative activities in the Southern States for the extension and betterment of the opportunities for secondary education: 41KS. Alabama: See enactment Vo. i2to. 4D4. Maine: .Unending sec. 4. rhnp. 14s. m-t ?*.* mol (see. 70, rliap. l.Y Itm isnl Statutes. lttf)3), relative to time of Inmrpnrntiou of ncailemies receiving stat,e aid. Date of inenriKiratioJu as a condition for state aid. extended from lYti. 2tl. 11HU, to M:iv 1. 1007. * . (’Imp. m. Mar. ‘Jo, 11K17. 4!C>. Maine: Amending sees. 1 and .*>, chap. 14S. acts. 1!M)1 ( sits. 70 and SO. , chap. ir>, Revised Statutes, IfHVS). relative to state aid for academies. Removing requirement , of attendance by nonresident pupils as a eondi- tiou for state aid. lVrmltting average daily nttendamv to hr tinned u|xin live a|gnrs next, preceding. 4 Chap. 102, Mar. -22. 1007. Maryland: Adding sees. 122A-1221*. Public General Unws^lIXM. relative to state aid for the inauguration of eonunercial courses in eertnin approved high schools. Annua I state-? aid of to each approval stdioo). Pond It ions. Special provisions concerning certain high schools in Bnlthnmv. Chap. «3T>. p. 227, Apr. 0, 190H. (Auk. 1. l/NWA 407'. Massachusetts: Supplementing hoc. 1. chop. 200, acts, IflOdi as amending chap. 433, acta, 1002, uh amending sec, 3, chap. 42, Revised 1,awh, UHI2. relative t$> state aid for high schools. Relntlng to speclnl nnnnaj state aid ofJOOO to, towns of less than Mm • fanitlles maintaining a High ‘school having at least two teachers. No town the valuation of flitch averages a larger sum for each^pupU in the average membership, of Its public schools than the corresponding average for the Commonwealth to receive aid. No school to receive aid unless * approved by state board, of education. £hap. 427, Apr, 21, l&pS, . 408. Mississippi: enactment .Vo. J29 7. - ' • • » • * 480. North Carolina: tfep enactment .Vo. fJS. • > J LOCAL FINANCE AND SUPPORT. 95 r»fK>V North Dakota: Amending secs. 1034, 1035. and 103ti, Itevised Codes. 1£05. relative to high school hoard, nod to state aid to high schools. Permit Mng high school hoard to designate some person to make lnsf>oc- tions. Increasing annual* aid to three-year high schools from $500 to am* granting annua) aid of $30o to two-year high schools. Provid- ing that no more ttym 40 ikt cent of amnia) appropriation may he used for libraries and equipment. Increasing maximum amount of annual aid from » A M NLi to $45,000, and the number of atdtd soh4, relative to high schools. Section rewritten with several minor amendments. Pnnision added excluding interest on United- States deposit fund and ex |H*mli t ures for new buildings from amount rais+si hy local taxation as basis for state aid. , Sec. 1. act No. 50, Dec. 10, l'JOO. (Apr. 1. 11H *T. > '*{. Virginia: See vnttrtmrnt Vo. 10 7. M. West Virginia: Srr- ev ‘irfmcnt ,\‘o. fj*72. •5. Wisconsin: Src enactment .Vo. //S/. \ y 50d. Wisconsin: Amending sec. 400, Statutes, ISOS, ns amended by chap. 214, Imws. 1S!)0, ns amended hy clmp. 345. Imws. llHd. relative to state aid for free high schools. Increasing required length of annual • school session from three to eiglit months. Authorising state suiterintendont to withhold state aid under ■ •ertam conditions— failure of school to maintain approved standard of iiistnie- 1 ion. to provide suitable and sanitary buildings and grounds, or to furnish ndequn te equipment. * Pimp. 527, July UM7. 5i»7. Wisconsin: Amending so*. 4P1b. Statutes. bW, ns amended by clmp. 214. Laws. fts mpeuded by clmp. 345, Laws. 1'Htl, relative to state aid • for free high schools. * Increasing from $25,000 to $50,000 the maximum anintnl limit of such state aid. f . I 'Imp. 571, July II. 1007* (July 13. ] 1*070 C. LOCAL (COLJNTY, DISTRICT, MUNICIPAL) FINANCE AND SUPPORT. , (a) General. Tlio enactments relating'generally'lo local school finance are mostly concerned with the minor detain and management of educational funds.. There is a continuation of t lie tendency to t require rfiore care- ful auditing f> f accounts and a greater publicity of the local financial nflfairs of the publid schools. 'The Louisiana measure ( 515 ). making tlie parish superintendent ol schools treasurer School funds in place 96 STATE SCHOOL SYSTEMS: LEGISLATION , ETC., I 906-&, of the parTsTiXtrea^urer, if? regarded in that state as being of very.nm- sidorable importance to the educational interests of the parishes. GOS. California: Amending sec. 1543. Political- Code, 1900. relative to general duties of county su|»erlntendeiits. Providing for the transferring of funds of InpHed school districts t<> the district into which they art 1 merged. Chap. 57. Mar. 1. 1 1 h . 5(K». Colorado: Pointing to duties of county treasurers and district hoards nf school directors. Itepeal. Providing for the cancellation of warrants paid for quartern* financial - re|s>rt s, and for the preservation of all rejmrts and cancelled orders for a jeriod of six years. Chap. 21\ Apr. 15. _1lHi7. 510. Connecticut: Concerning the appraisal of school proi*erty of consolidated ■school districts. Constituting a committee of appraisement. v Chap. 14. Mar. 2V. 1 !hi7. 511. Connecticut: Amending chap. 14, acts. 1907. concerning the a|>praisa! of selionl prnperly of consolidated school distriels. Extending to towns already consolidated the provisions for appraisement. Chap. Pit. May 27. 1 '.h»7. 512. Iu7. 515*. Louisiana: A metaling s»v. tin, act No. 211, nots. P.Ht2. rHafhe to the * treasurer of parish school fluids. Making superintendent of public schools of parish treasurer of fund in place of parish treasurer. No coni] aaisat Ion uh treasurer. Provisions for bond. Act No. 17, Dec. 2, 1907. (Feb. 1, 11MW.) 510. Louisiana: Fixing the compensation of tax assessors of each parish. Four |>cr cent of first $50,000 ; 2 percent of second $50,000; 1 per cent of over $100,000; maximum of .1 [>er cent on si tecta 1 school taxes, y Act No. 22. Dec. 3, 1907. (.Ian. 1. 3 PUS.) 517. Michigan: Amending sec. 0. net No. 48, Laws. 190L providing for a tax n|*m dogs, and creating a fund for the payment of <4>rtuhi damages for sheep killed or wounded by them In certain east's. * *’ Authorizing township Imard or city eonnell to retain not to exeta*fl $3ortloned to the several school distriets. Act No. 43. Apr. 11, 1907. 518. Michigan: Amending sec. 25, chap. 3, act No. 104, acts, 18$Msec. 4«01 Compiled I>nws, 1897), relative to duties of assessor. Substituting M treasurer" for “ assessor,’’ and prescribing requirements for surety bond. Providing for defiostt am\ care of school moneys In excess of $3,000. ■ See. 1, pp. 112-113, net No. 91, May 15, 1907. spe- ... — ta .. LOCAL FINANCE 'AND SUPPORT. 97 519. Michigan: Aweudlng ew. fi. net No. 48. Laws. 1901, as amended by act No. 49, acts, 11H>7, providing for the payment of certain damuges^Xa*^ . (... II I... ... t.. ' sheep killed by dogs or wounded by them In* certain cast's. Providing for promlure in cast' of deficit In fund. Act No. 531. .Tune 2\ l',Ri7. 520. Minnesota: Ttolntlng to the organization of school districts. Providing f<>r the distribution nf moneys, funds, and cm tot* in rnsefr ■ f the format Ion of new districts, either by change of boundary, divi- sion, or union. (Mmp. 109. Apr. 5, 1907. 521. Minnesota: Providing that oftlccrs of school districts may designate de- positories for school district moneys, and requiring the de|>osft of school dist rift moneys in such depositories, and exempt lug school dis- trict treasurers from liability for such deposits. Chap. 133. Apr, 9. 1907. 522. Minnesota: Permitting investment of the sinking funds of school districts - in certain smiritics. and relieving the treasurers of such districts and the sureties upon their official bonds from liability’ for any losses incurred by reason of such Investments. Permitting investments in state Immls. and in bonds of any count/, School district, pity, town. *r vAUngcof the State. V ('hap. 354, Apr. 2:i, 1907. \ 525. Missouri: Repealing. and nvnartiug with amemlntents, sec. 9S5o. art, 1, chap. 154. Revised, Statutes. 1x99, relative to seltienmnts of county or township treasurers. Sundry miimr aiuotulments coneeniing procedure of settlement. County or township treasurer to make detailed financial statement to school dis- trict clerks. * 9 II. It. No. 218. page 4 2d, Mar. 20, 1907. 524. \hv Jersey: Providing for recovery of money, funds, or other projierty wrongfully converted, disput'd of. <>r misappropriated. or damage or other compensation for wrongfully converting* disposing of, nr ndsappro- priatlrtt money, funds, or other propi rty belonging to totfushlpH and school districts. Prescribing promlure. ■ \ ♦ Clmp. H£, Apr. 10. 1908. 525. New Jersey: Regulating and providing for government of cities. A general charter; s». Authorizing hoards of edticatioh of districts having ileixisitorics f< >r scIhhM moneys to dispense with a treasurer of such funds. <’l(*rk to perform duties of trensurer In such cases. - 11. H. >%iO, p. 20.7, A JH‘. LIT. PHIS. South Dakota: Amending sees. 1. A and 5. chap. 1.7G, haws, relative ft) the Inv est front ef sinking funds of school distriets in certain securities. Chap. 101. Mar, G, pH 17 . Texas: Amending sw, t M. chap. 121. Arts, PHCt. relative n> uppertienment of school funds among the different school districts in each runnlv. ■Removing distinctions between white and ndored srl districts us such. ( ’hap. lod, Apr. 1 G, pmT. Vermont: Re|tcaiing sec. \M. Statutes. lV» 1 . relative to minltmuu ex* lK'inliyires of district schonl moneys. See ad No. Gn. I),*-, is, 1 Kiiactinent No. ;t:.7. t Act, No. -1G. I lee, I'd. PHH 1 . Virginia: Amending and reenacting siv, M-IP. Code. 1 !HM. relative to tlie dutio of i minty treasurer ;A funds, sud his cnnipmsutiou. Including funds under Control of district school hoards. * * Chap, .".OP iin partp Mnr, \^. lixK. Virginia: Apionding and reenacting see. 1517. Code, pad. relative p* audit- ing uud paying claims against school districts. } Providing for payment of treasurers’ euinmissinns. * t ’Imp. Mar. M. Virginia: Amending In :i jtdiior manner and reenacting see. ]r.o:i, rode. 1!Hd. relative to payment of warrants uj*m state sehool funds, 'by vitv <7 1 Code of..l*nhlh- Insirtict I 011 L relative to stile of school property in cities having a |H.’pn- lathyi of lO.ntvo and over, ' Authorizing sale without vote of electors, under certain conditions. Chap. MG. Mar. Id. PH 17 . Washington: Amending wv. \s. chap. 11*. Laws. I.v.t7 t Code of ppblie Instruct ion t . relidive to treasurers of school districts. Providing. Ju certain Instances, for the issuance of one general cerliii cate authorizing county treasurer to pny warrants for monthly hills *of school districts. * ‘ See. S, chap. 2 id. Mar. 1*. T.wiT. Wyoming: Providing Tor regulating the dittos it and safekeeping of all public money belonging to thc ( State, or to any county, city. town, selunl district or other suUIl vision thoroin: creating boards of de|x>slt : pro hlhltlng Hie making of profit out of public funds by any state, county, jmmiciiml. or otper oillcer ; prescribing |*umltle's ami appropriating money. > ('Imp. do. Feb. ir>, 1907. ‘ (b) Local (County. Dis\rict, Municipal) Bonds and Indebtedness. The volume of legislation relating to the creation and payment of bonded and other forms of indebtedness incurred for educational pur- poses for local units is indicative of the recognized importance of LOCAL FINANCE AND SUPPORT. 99 this element of support mid of jho iiuTeaMiig pressure developed by reason of the constantly growing demands. both qualitative fyid quan- titative. made upon the public schools. Exclusive of the large num- ber of ,-poriul ami local acts dealing with this subject. the following Ibt contains over 70 legislative meaMirc.s and judicial decisions <»t givaler or lc>s unportance. Aside from tlio-c legislative enact- ments which undoubtedly arose from conditions of administrative ex- pediency. the following seem worthy of special attention : Massachu- setts (br,S): Minnesota (57f)j. (071): New York (7>81): South C’aro- f 1 1 1 a cVdl). ( .">! eg ) ; 'IV tu lessee t 7>tM ; Texas (olH*.), ami Wed Virginia ftWHi). Arizona: Amending par, 2P.H (so 1 . 05, r Imp. 0. tit, 10 j, Revised Statutes, too], relative to the use of territorial am) nmnty apjKirtloiumMil of sell on I moneys, A utlmtizii ilt the ex | n n 1 ) t lire of micxju-mled balances foi repairing amlj itupne ing sctinoj property ami purchasing school furniture; prohibiting use .»f, fur payment of interest or principal of hondm] debts m* for pur* e I ia si • ni* laud for sehnnl purposes. S^-. 11. chap. ’Co. Mar. 21, l‘H>7. iJmi. I, 1!K)7.) 1* xv. k ' A rkansns fpiobi : '1*1 it » aet of P,wi5 lAets. 1005, -p. 15-4). authorizing tin* special selmnl district of Little Hock to borrow mmi^ npd mortal ire (lie real property of. the district therefor, eui) Movers the district to fimrttrairo all or part of the real property itf Rie district as the school hoard may# deem advisable.- Scbtmdz r. Special School l>lst. of Little Hock. 05 s. \V.. 1* ‘dn. Arkansas iP.KMii ; A sp**ciat school district is not within dlie constitu- tional provisions declaring tliat no county, city, town, or niimhdpiUity "liiill issue si n> interest-bearing evldenee of indebt iMlness. — Sehtmitz r, S]K*cial School List, of City of LI 1 1 N' Hock, 05 S. \W. (.'IS. 511. CnljToriiia : Adding sn\ lsssn to Political Code. litfMh relative to ilie hoy >M’ taxes for the payment of school district bonds. \ Providing for proportion;! I liability of indebbslnoss in i^isi's nf merged, annexed, new, and Joint distrlets I'hnp. 5ns. Mm*. 2.L 1007, l» 512 . •California 1 1!>o5 i ; t *tmst It nt ion, art. 11. wv, .0, provides that .city ehffrters adopted by autliority of tin* ^institution shall l>o subject to and eon trolled by general laws, except in munielphl affair* Art. 4, Rise ‘25. -subdiv. 27, prohibits the passage of local laws for the management nf common schools. Art, 0. see. 5. requires the legislatin'# to ]irovide for )i system of common schools. Hnl.^jHode, siv. 157h Angeles Ultv High School Oist. v. • Sa pie. Id.* 248. . , • . # . , 5 <7 HI Cbim^ctlcut: Authorizing *tbc North Scliodl District of UArtford to issmt ImhhIb. , • Permitting Issuance ^iot to exco^'d- $ioo.Of»rt at 4 j>er interest for ** ilfty year®, for i»yment of debts. " . 7 . Acts. 1 i h *"». . cimccruin^ payment of debts . ■' joint school districts. I'xTcndim: provisions to selmo! districts wlficii ha\e already hi*romr indebted. i ’imp. ‘'O, .Ma \ *2 I . put, . MY Connect ietit : Authorizing the Wushlnmon School District * » f Dari ford tu issim ii'Mids. Permittitu: issuance nut to oXcred SliN».7. r.iii, Connecticut * Autii"vizhu: the Arsenal Selnml District nf lfarlf>>rd I « * i >SUe bonds. 1 ***rni i t TiiiLT maximum* issuanee nf Sjttn.i hmj . interest. *1 1 per cent; time, trl'ty years. Act No. 1.*!.“. Special Arts. May !. I'm i7. Conncrticut : A nt horizim; the rity of New l,.i:alort n« i^site Per •milt ini: maximutn^ssur of Sl7o.(*mr interest. I | thirty years| •r Ml! t>. retd ; t i Hie, Art N„. p.»|. Speria i 7 *1 hiiurd nt | ml dir edit- 'a! • of eiV'-lin*. fiU'iiDliih toll 111 J . ami Delaware; AiUhorizin;: and rtnpo«riin: th Wiliuiiurtiiii to issue bonds- fhr Lm purjm? trpiippin^ new seln ii i ] 1 1 1 ntses. in reality an anieiidimait to chap. bli. Paws, I'.ioY* prm id inir tor tin organization and control of the puhlh- selmois of Wjtmmidon. m a** ti permit t lie board nf editeation to borrow tmt to I Spu.oiHi in .my ..m year for buildim: purposes. * / Cliap. ftll. Apr. 4l. Pm.Y Mb. Delaware; I’reserildtiL' tlie method h.v whieh sijinol di^rni'. may hot row / money for the purpoM- of hniMlii;.* ;i tu 1 fimdshim: or hnproxm.; and, en lariritm' srhoolhottses. ' Presrribhm* proc^lm e sMi |*i m I eavt ion railed upon petition of ten m* more fnvhnhl taxatdes. iditn: for issuance and UHlempt hm uf bunds • Uiiap. 122. Apr. 1. ^!Mi7. oTh). Delaware: Itepealitu: and reeHm-t im^ sees. I and 2 . rlmp. bli, Laws, piit.'i. authorizim: hud empowering " Tim Guard of Public education in \\*il- mln^ton ” to isstn* bonds fm* the purpose of errrrtm^. farnishiiiL'. ami (rpilppln^ new setioo]imnse> in the city of Wilminixiiiii. -Increasitm amount of immediate issue to $U^n.noo. and providing fm* \ method of payment. * . Chap. 12V., Mar. t. 1 !h>7. I* ;»;d. Georgia (PHIS): Art of Dec. IS. PNM> (arts. P.HH). p. Iii.'m. e^aldished the piitillr-srhofcl s\stcm in the town of H. r im: exclusive mnnaL'etmail to a bonnl of ^school commissioners. 'Pile net provided that the Guilds si i ppo r t i l if: the school should be derived from four sources, one of wliieli was a tax not to exceed one-half of one rent by the entmeil of tfte town. on ta'eommenda t loti of the school board. Such board recommended the levy of a tax of miedadf of one |hw cent foe flte maintenance of a school for tlte scholastic year. The rotund refused to le\,\ file tax. Act of An,:, 2 \ ., PMC* t^ict*, P.Hlo, it. obit, repealed the former net. fit hi not to have a retrris|»eotlve effect* so ns to impair the oldi^alinn of a cm it tact - made hv virtue of the ro|tealed law.-- I >enti)iitfton r. Town of Uohcrln, hi s. K. t 20 . r -* D Tifi'J. Illinois ( P.tfH ) : ASlnee under the direct provisions of constitution, art. b, see., 1*2, mAscluMij district lias |Mi\ver to become indobhui for any pur |Kwe to nn nr^omit, Ipcludlm: its existing Indebtedness, in the mwejmto exceeding r» iter eeutum on the value of the taxable pro|»erty. therein. I>uw8 ( XlK)l r p, 2^0, ^uieudhig the bcUooI law (Laws, 1800, [\ 277), secs. 41. 0 7 t.opat, finance anti srpronT. 101 (- iilinii ilmi any sc I 1 district ha\ in^ ;i pnpn l:i I ion of at least 11 inhabitant* is authorized to establish and numtaiu a Iiiuli m^moI, .hhI a nt hofi/.iiiir ihe of a hoard of education therefor, aiVln- i-rt'i -i*t mi ] to a fit hori/.o a district to incur a debt beyond." per centum of ^he taxable projK'riy in a sclmol d isi rim. - -Hassell r. I I%rl i .School Hoard of VMin-ation of Srliiinl 1 »i^t. No. 1 : i 1 . , 72 N. K . HI; 212. IJ !.. 227. « Illinois iHtoui; i ‘oust dm ion. an. !». see. 12. provides that no municipal * . 'M*i 'ora t ion shall ho allowed to become indebted to exceed 1 per cent of the i a 1 f tin* i a \a hlo property. Hurd's Hev. St., l'.ml. p. Vita p. 1 - - ■ 1^'-. J'fov ides 1 1 la l eity hut Imril ies may tm y fur school purposes a i • 1 s " am to c.v two and nnc-lialf per rent for building purposes.” that n city ran levy a 2 \ per ecu I tax t « ► enmpiete a sd 1 hiiihlilH' for which il is already indelded (o t He enlist ‘ I lit imm 1 limit, — People r , Mdraifo \ T. It. Co.. 7'i N. I-;.. 1.11 . 22H 111.. I|s. ■■'•I Indiana: Trunsfenliur to tlm s|*vinl school revenue of school town*taxes 1 ' ■ 'it 1 ' p (, s>**ssi i ill of hid will'll h;iVe been Jiemillv levied by hoards of .school truMees ef i ncorpora t , IVb, 21, I'.MIT. Indiana: Kmpowerim; t ho hoard of selmol trnstees in . ities of the second , la-s 1 ll.OtHt lo issue, Jte^d i ; 1 1 e. ami sell bonds of the school city or corporation i maximum. .>11 envi school huihliiiL's in such school • * i I y or corporation, m to pay for the cost "f hiiHdnms already e hvi.-d therein. or any other inilchtedness of the sc ho* ' I iiiy or ivftpVp*a I ion : (n few and e.dlp-j special tuxes for the pav- tneiit of such bonds, 1 * il'l Indiana: Amemlim; see. -I. chap. 2iw? J^aws, • 1 a fed Statutes. Supplement, HXi.l). relnlhi sclio.d purposes, Chap. HU. Mar. .1. 1:»07. IJhi: to : . sc: . .mm; addhioiinl Hums’ An.uo- ^mn’s fur ('’hap. 22 -I. Mar. H, Inn, . iT. Indiana: .\ui hnrizim; and empowering hoards of trustees nf selmol cities nf all e i t i os itieni | Hira ted under the genera l la u*s nf this State and Ima rds \ nf 1 1 Usiees id* s, hoel tmms Ilf all iueorpnraled towns of this Sftite to issiro bonds tor the purpese of funding or rcfuntliun their in deb tininess, mlueiinr the nite of interest mi preexisting obligations. or (akitur up or eaiienliun bonds, mdes, or o flier oldi^uiimis already due or which shall hen m f i er I nine dm*. and mnkhiL' it Ihe duty of Hie hoard of trustees ol ( siich school cities or s ||i»el towns in levy taxes for the payment of ihe ini crest , and ant hori/iuy the hoard of irnstivs of such school cities and srhool towns to pVe\ ide sinking flpnds for the liquidation of the principal of such bonds. * (’Imp. 2 i>:i, Mar, 12 . P.hVt. •Is. Indiana: Froviditiy* for the rnAsim: of funds /or llie purchase »»f school sites and erection ef h 1 1 i h I j 1 1 l* s thereon in ineoriw»rnh*d towns 1 m villi' a poftiilallon of mty iiMfjiMlin u two thousand. * A ut liori/Jn^ hoard of si'bool trustees, hy and with the consent of hoard U,f trnstees of town, lo iss\* hi aids tmt to exem^l ^ti.iHH) in amount; pro- viding for refutidin^. sale ih’ properly, spciial tax levy, and application of surplus revenue. , flmp. L f (iH. Mar. 12 . 1007 .* mO. Imtiann: Authorizini; the hoard of school trustees In ineor|>orntod ^owtis or cltloH of a certain^ iHtpulutUm ( loss than T>.(NN>) to neifotlate it ml wdl the IkuuIb of school towns or cities (uinxlenun, ^40,000) to procure 9 1 / 102 STATE SOFTOOL SYSTEMS: LEGISLATION, ETC., lOOfl--#. Hu- nmi'iis with which U< erect sWiuul buildings hy ;md with the r.aisrut nf *1)*’ Oi >u r*i l of trusti*es .if nny incurpnrHlcd lown or the ennnmm omm-ii of nny city in which such school town or ciiy is located. Jnd ;mt lun i xii i ur the hoy nnd culhvfbm of :iii additional special sch^d tax and the appli- cation of tlu* si flfflMs Kpn-inl school revenue for the payment of such bunds. 'Chap. 2*.l, Mar. 12. Emit. . r >CO. Iowa: It open linn chap. Hit, Ijmvs. Pmh;. relative h school district honds. and enacting a substitute. Sundry minor amendments concerning procedure for issuance, dc per ecru Providing for-submlssioii to electors. ^ (’Imp. 72, Jan. 21 Pans. . r ai2. Kansas: Enabling school districts to Issue bonds to pay outstanding warrants. Applicable to districts Wiving a vajjd indebtedness exceeding $,\ihhi. Issuance of refunding bonds not to excmLio per rent of assessed thm of tumble pro|K*rty. Must conform to s\t). Laws. Np7. hy <‘hap. 4.Ti., Laws. 11)0.7 / Relating to counties having a pojmbition of less than 2,n0d. Providing . L»r Issuance of bonds a‘nd prescribing eondit ions iherefor. Cl lap. 712. Mar. J2, >buT. AfU. Massachusetts: -Authorizing for school pttritoscfc, ■V city of New Medford to Incur indebtedm^ Permitting city of New Hertford, 'for tin* purpose jif purchasing sites and erecting three now school buihUugs ami an addition to a fmirfh. to Incur lndebt(*du(»sH beyond tin* limit fixed bv law to an amount not 'ex- ceed fug $22A,nno, Cllap. I N5. Mar. 12, Phi;. . r 4!. r .. Massachusetts: Authorizing the city of Lyt^ to incur Indebtedness for school purposes. Permitting the city of Lynn to borrow money to the amount of $lAn.0rto In excess of tlm debt limit flxtHl hy law, for the purchase of a site and the erection of a building for tin* classical high school. _ Clmp J ^P2, y\i\v. 12, JWL . r »0G. Massachusetts: Authorizing the town of Rcvorc to triom* Indebtedness for a njew high school building. Permitting .fW town of Itovere lo Imutow money jbeyonrt the dr;i»t limit fixed by law to an amount not exceeding $12A.(>00. purchase of a slt^anrt the erection of a new high school hulidiug. 4 , 4 Chap. im$ Mar. 2%1!M)7. . r i67- Massachusetts: Authorizing the city of fall River to Ijicur IndetifAness ror school purposes. * P Permitting city (if Fall River tt> incur indebtedness beyond the debt limit axed by law »to an amount not exceeding $260,000, in order to acquire iaud for sebpol purposes and to build school bouses. Chap. 338, Apr. 24, 1907, * t i I local finance and sfppoht. 103 Massachusetts: I tela 1 1 ve to Ihe roiislrurf i..n « 0* s.lioMlhouses in tlm city nf BoSlutl. I'ruvidiiy: for iluj annual issuiniee nf bonds not i »\ < *i * 11 * 1 1 i 1 1 lt Sd.iXHU*** for 1 !H '7 * 1 1 it I PHIS noil i in] exceeding STr+w U ►( K * thereafter, Inf tin* cmi- M motion of win ml In nisi - s in t hr rl ty nf ] tost nil. Sri n mi rninniiitiH* to r^liinntr IhmmI of School nrc.iinilUMhlt Ions Jitul *||'I)| 111 of Si'liimlhoiJSi* I'UIII- missioiirrs to v< rtifv rust. Pimp. 17*0. May '21. UH»7. ^ Michigan: Amending srr. l t chap. U. art .W fl; |, arts !ss| i (717, 1 *i mi i| 'i Ini Laws. 1 s:>7 i , nut horiziug srlnmi districts (m burrow umukt. Ihspiiring majority i formerly. two 1 birds 1 ! \oir at district nn*o*littr I "c *\ ill 1 1 1 iT for rstimatr hy hoard ••( rduration of atnoiml neressnrv to In* hiMTouVd. Suhsl ii mine for graded limitation . .f Indebtedness a geiu-imj liliiitalion applicable t(j all srhool distrirls. Special proviso for srlnmi il tst i irts Inning onr hundred or nmrr children. ^ j Art No. our 27. Pup. Minnesota; Aid horiziug cities having a population nf mote tlian ot^MiO 1 1 1 1 1 ; 1 1 m I ; 1 1 1 f s (t* issnp and sell bonds for |Hihlir high buildings and drs. \ * Maximum issue SsiNi.ttnu. Antlmrizn t ioit b\ rity nniiu ii before Jnim ti ry 1 . Pint. I’xrt'f *( ing stir I j bonds from debt limit. *1 Yrs ( i-ihiim term and i url ln»d of issuance. < 'hap. 2". Frb 27., I :m »7. * V Minnesota: Authorizing cities having a population of more than ^n.uuO iidmliitauls to issne&ind ^*11 bonds bn* public graded school buildings and sites. a 'Maximum issue Sl'.m.oon. A uthori/.at mu hy city emineil ln*fore Janu- ary 1. ll'bn K\rrptin$g such bonds front d<*ht “limit. Brest rihing term ;i III I met Imd ‘of issna lire. Chap. 21, •Fel i. Minnesota* Ant horiziug inunieipalities to issue btnuls P M i 1 1 neso t a . Municipality tn include school distrirls. Prescribing issuance. niap. 122, ..Minnesota: AVieinllug s ( *e. ]:V 2 ~, lle\ Isetl Laws, and duties of si pool hoards. Pnuiding fur issuance of orders ^r tin* payment’ uf imhH’dedm < an nut be paitl for want >if funds. ' , Six 1 , 2, chap. -Mn. Apr. 27*. 1!H>7, • 71 . Minnesota l 1 1 H w i ) ; Chi Laws, IdOn. pp, tilt, 1 M, chaps. 7 li. 77 . legalizing stjnstl bonds theretofore voted ujwni ’by eith*s for high schools and graded schools under the provisions' of Con. Laws IXiiJ, p, chap, 2 <>(, amt acts amendatory therein, are curative act's, ami not Hjierlnl leirisln t h hi. in ('Optliet with < oust, art. I. sivs. .'t.'i. ‘t-L ht*eause tin* classification is ;ybi- lrat*y. in find all bomls'ure m*t inelmhM'tborejji, ami the acts are limited ti* cities \\ herein at t ll^ elect ion a two-t-hlrds majority of the votes of I hose voting on tjie proportion Was obtained in Divot-of the bonds, and the cities to which tin law applies are those that voted for the Issiiaure of bonds tindei the law >f IsttT assnmjnded. -State r, Brown, Ion X. \V„ ■ 177 ; 1*7 Minn,. 4 ** 2 . Montana: _ Validating tin* arts of boards of jaunty commissioners in estab- lishing a ml lorntlTlg county fr«M* high schools, mul of hom'd* of county ^ free high-school trustees In issuing bonds for j^lte envthm of hrgh-attiool intildiugs., x / Chap, rti. Mar. l,/lil07, il. 7. PMI7 estate Apr reta t i vi procedure for P.m7, ^ I >1 1\\ el'v w h ii'li .pot the --^r— : i 11 T — 1 — ; 104 - STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 190&-8. 576. Nebraska: Repealing, and reenacting with amendmeuts, secs. 4. 5. aud t!. subdlv. 15,. chap. Jft, Compiled Statute. 1905 (secs. 11822-1182-1. ('<>!>■ ^ bey’s Annotated Statutes* 1903), relative to bonds for school purposes. • Excepting districts having over 150 (pFevtouRly, 200) school children from 5 per cent limitation, Permitting such districts to issue bunds not to exceed 10 per cent of assessed valuation. Chau- 130. Apr. 5, 1907. 0 577, Nevada: Enabling the several school districts of the State to Issue bonds for the purpose of erecting and furnishing school buildings, or ^>r pur* chasing ground, or for refunding floating funded debts, and providing for the payment of the principal and interest. » Chap. 59, Mar. 12, 1907. 578. New Jersey: Anthorlzlng counties, cities, towns, townships, boroughs. villages, school districts, committees, obmmlssloncrs, and all other mu* nlcitmlltles to fix the rate of Interest on\iqtyis hereafter issued iMirsuant to the authority of any general or sjucclnl law or laws of the State at not exceeding 5 per cent per annum. t * ' * Chap. 19, Mur. 18, 1908. 579. New Jersey; Repealing chap. 277. Laws, 1906, as supplementing secs. 103, 104, 105, chap, 1, Ijtws. 1906 (sp. sess.. Oct. lft). relative to hoflls issmnl by consolidated school districts existing previous to the passage of chap. J, , a . I-awa, 1903. establish lug a thorough and efficient school system. etc. Chap. 86, Apr. 17,4907. 580. ^few Jersey: Authorizing municipalities to l>orrow money to • necessities of public schools. t * Si>eclal provision to meet needR for March, April, Mav, and June of 1008. A Chap. 271. Apr. 14. 3908. 581. New York: Authorizing the city of Buffalo to Issue bonds to the amount N of |6QO.OOO for the purchase of school sites nud the erection and enlarge- ment of school build In gfl. * Chap. 53. May 19. 190,8. 582. New York: legalizing certain bonds for hljfh school In the city of Syra- cuse ns authorized by chap. 650, T^nwa, 1905. as amended by chap. 58, I*aws, 1907. Chap. 592, July If*. 1907. \ I) 583. North Carolina (1006) : School districts l re public quasi corporations. Included In the term *' nmnlrljml rnriMinttlnns " as used In art. 7. hoc. 7. of our constitution, and bo come within the express provisions of sec. 7, •/ ” that ‘.'no county, city, or other municipal cori>orfltlon, shaH contract any \ debt pledge Itsjalth, or loan its credit, etc., nor shall any tax be lev I elf unlesa by a' vote of the qualified voters.*’ And the principle of uniform- \ Ity Is established aud required by sec. ft of this article. — Smith r. hoard ^ of Trustees of Hobersonvllle Graded Reboot 53 624. )' 584. North Dakota: Amending sec. 912^ Revised fJbiles, 1905, relative to the & Issuance of school bonds. * | Reducing interest rate from 7 to 5 per ceut, aud fixing maximum limit ?'■ of Issue at 5 per cent of assessed valuation for gll districts. Sec. 9, chap. 05, Mar. 19, 1997. 585. Oklahoma: Authorizing boards of education of cities and school districts to. Issue bonds, * - , Expenditure for sites and buildings. Limited Indebtedness, 5 per cent of assessed valuation. * . d* Chap. 77, 8. B. 458, p. 078, May 29, 1908, IfifTf 'l ' • i S — ; ... 7 ■V * P k LOCAL, FINANCE AND SUPPORT. 105 5S6. Pennsylvania: Repealing net No. 225, Uws, 1ST1. om|>owering oyurf of -wounon pleas to authorize school directors to borrow money. Bonds issued l^noucompliniice with said act to ho valid. ■ Act No.. 154, May 10, 1907. 587. Pennsylvania: Providing for the jwiyment of the premiums on bonds of, comity, city, tmrough, school district, and township employees. / Allowing municipality to pay premium if bond Is required to be I tv dorsert by surety omiimuy. Act No. U3, May ft 1907. ’ 5S 8. Pennsylvania: Supplementing act No. 290, Acts, 1903, relative to. the noxntlon of any city, 'borough, township, or part of a township, to a con- tiguous city, and providing for the indebtedness of the anme. f Providing for the preservation of the 'rights of creditors and lldhh, nml for funding the debt of the municipality or school district annexed. Act No. 271. June 1, 190' . r»- c 9. Pennsylvania: Proving to amend sdc. 8, art. 9 of the constitution, al^ lov.-’og comities, cities, boroughs. n>witsl)Ii>s, school districts, or o her immleliml or Incorporated districts to increase their indebtedness. * Increasing In wfub indebtedness from 7 to 10 percent. Jt. Res. No. 2, 1907 (p. 834). MH). Rhode Island: Authorizing the city of Pawtucket to issue (Kinds ($100,* noo) for school (‘oust ruction purposes. v * Chap.. lftU/ Apr. 10, 1908. 591 *. South Carolina: Providing for the issuing of bonds In public school districts. Ajj| No, 240, p. 522, Feb. IS), 1907. * 59*2 •. south Carolina: Exempting from taxation all bonds issued by school districts for erection of school buildings, for equipment. for maintaining public schools, or for iwylng indebtedness. t’liap. 473, Feb. 14, 199S. 593. South Dakota: Ueltdlng to* Issuance of # lK>mls by Ixtnrds of education In cities of the first class, and bonds for school districts created by sinvinl act. Arts. IX and X, chap. 13b, Mar. 13, H»7. >94. Tennessee: Authorizing Incorporated isvards of. education of public schools ki cities and taxing districts of 100,099 iulmbltnnts or over, according to the f(*deral census of 1990, or any future census, tft Issue bonds for certain school puriKmen. ( Fl&lpg maxt mum issue at $.300,000, and providing for iwyment of inter- and ft wt for redemption. ('hap. 41. Feb. 12, J907. 595. Texas: Amending the charter of the city of Dallas and amendatory acts . 'thereto, by adding so<\.&nb, coufirming, ratifying, and validating 061 %. tain series i>f mnulclpnl eou|>nh IkmnIs Issued by the city of Dallas. Among others, bonds Issued fur high nml other school buildings. Npqrial l*\ya, ebapr 25, Mar. 1ft, 1907. 59ft. Texas: Amending sundry sections of the charter olf the city of Galveston. Authorlilng issuance of bonds for the construction, maintenance, and repair of piling schoolhousea (Sec. 7 -71b.) Special Laws, chap. 68, Apr. ft, J907. D 097. Teraa (1008) : The Inherent power of a legislature to pass laws not prohibited by the^coqiitttntion can not be Invoked to render a special acf .. 106 $9S. 599. 000 . G01. " 002 . 003. 004. 605. STATE SCHOoL SYSTEMS: LEGISLATION, ETC., 1006-8. of the legislature valid, creating an 4nde|>eudent school district' ( Sp. I>awR, 1907, p. 139, chap. 8), and transferring a preexisting Indebtedness of a municipality Included therein to the new district, where the net was paqged as n special or local law, contrary to constitution, art, 3. sec. 57, requiring lulled of Intention to apply for the passage of the act, ityd could 'only Jiave been passed under the si>eclnl jx>wer grant* 1 *! In sec.- 3, art 7.‘ of the constitution, providing that the* legislature may provide for the formation of school districts within counties of the Sty to by general or special law. without the local notice required in other cases of special legislation, which section did not authorize the transfer of a bonded Indebtedness to the new district t reated.* and heix^ a law passed pursuant thereto, which attempted to transfer such indebtedness; was void. — Cummins r, Gaston. 109 S. \\\. 470, Utah: Amending sec. 35. chap. 107. relative to the tx aided Indebtedness of taxable property in school districts. Fixing maximum total Indebtedness at 4 i>er cent of the value of the taxable property. Chap. 81, Mnr. 14. 1907. Utah: Amending sec. 1944, Revised Statutes, 1908, relative tn issuance, etc., of bonds In city school districts. Chap. 133, Mnr. 23. 1 907. Virginia: Authorising j^iqjity. school hoards to loan to the district school boards of their respective counties funds belonging to said county school boards derived by gift or devise, taking the obligation of the district school hoards for the same. Maximum loan. $1,000: to he used for the erection of schnnlhnuscs. A Chap. 223. Mar. 12, 19nws, 1S97 (Oodo of Public Instruction), relative to limit of bonded indebtedness of school districts. I/nverlng rate of interest from 10 trf 0 jkt cent. Defining necessary school expense. Sec. 71. chap, 240, Mar. is. 1907. Washington: Amending sec. 120 (Code of riddle Instruction), relative to kale of Iw>nds of school districts. Sec, 9. chap. 240, Mjjr. IS, lik>7. Washington: Amending sec, 121 (0. 21, 1008. * 4 -^-; ^ - . * ■ ^ , n > U>OATi FINANCE AND SppPOftT. 107 t»r>7.- 'Wisconsin: Creating w*cs. 553n ami 55Ho. Statutes. JWW, authorizing any ' 1 1 J h yc t* to Ivpft r a part of the cost (if county schools of agfiriilTiiro nnomllrnr<‘ to one* fifth of the C(»r\ of such school. Chap, 11, Mar. 10, 11)07, oov. Wisronsin: Amending eulxllv. 3, sec. 020-11, Statutes. 1STK, relative tn the |*nvcr of the common councils of cities under sandal charters to issue bonds for school purpose, • Authorizing issuance of l>onds for site and buildings. for parental SClHKlI. * Clmp. 114, May 20, 1007. UHV Wisconsin: I.egmlizing certain bonds heretofore tssmsl hy school districts organized miller Hie township system and authorizing issue of bond* by such districts for other purposes. f’lmp. lt)P, June 12^ 1!K>7, 'do. Wisconsin: Amending 291, Statutes, Ixbs. us aimMHhxl by chap. 120, T,a\\s. 1.^1. as amend. si hy chap. 123. Tjiws. 11)01. relative to scbM ibs-' Iriet I oil ns. . I£cn 1 1 ilrliii: two-iinrds of :isx4>ss(n 1 wihriMnii to he on real estate. (’jui p. 21(1, June 14, 1007, / (c) Local (County, District, Municipal) Taxation for School Purposes. As noted in the review of the legislation concernin': local taxation for school purjxjses during 1004-1000. there is a decided tendency on the pari of (lie States to give to local school juiisdictions a considor- ;il>!\ w ler authority in the provision of adequate support for public >clux)k This tendency rs. in fact, but a part of the larger and more iiulusi\e one which h slowly, hut certainly, lnvotning characteristic the attitude of the American people toward their public schools: that is, to utilize, in as large maimer as is consistent with wise public economy, all of the available means which may properly he directed I o ward the. increase of the mat o rial resources available for meeting the educational necessity. The enactments in Arkansas (4W))."XT>13), < (icornpa (G1S). Indian*! (03H. I.ouisiana (030), and Washington (TmO). are typical of the larger movement represented hy this lcmsla- liou to increase the limit of local taxation for school purposes. f (ill. Arizona: Amending par. 2259, sec. 120. Revised Statutes. IpOl. relative to sq>eclai school district tax. * Add Inc provisions regard I tic tax levy for construction. repnlrlup equipment, etc., of wtiool building; for additional school lnnd<: and for water for irrigation, < 'hap. 00. Mar. 21, 1007. 012 , * % * A Arizona: Amending par. 2250 (see. 120, chap. 15. tit. 19). Revlf^l Statute**, 1001, relative to the levying of n special school district tar: ^ 8ectlon modified so aft to noeord with the new provision rognralng mini- mum length of school terip— six months, (See enactment No. 968.) Sec. 20, chap. 67, Mar. 21, 1907, ( Jufe 1, 1907.) ■ V. - • y , , ..J'Js&a ; - 108 state school Systems : legislation, etc., idoi^s: 1 r * 4 * * 61S ** Arkansas: Amending sec. 75JX). Kirby’s Digest, 11MM. rWntive lu i«>wers of • annunl school meetings, * l Ufllsing maximum limit of local tax levy for school purines froufU^ | hnlf of l |>er cent to seven-tenths of 1 per cent'.* - • . , Sec. 2, net No. Is*). Apr. 17. 1907. g Cl4 ‘ California: Amending sec. 15711, Political <\*U*. hi**;, relative to forma - l ' ' ’ ti,,u of wbool districts, providing for the mldUinh of territory tlieretu and tnxaton thereof, } • ' Providing thnt last assessment roll of county assessor slut II he basis m . taxation of annexed district, ■ • rhajt, K\, Mar, *1, l!M)7, r $ 8ir>. Delaware: Amending sec. 11, chap. 02. Laws, 1904-5, relative to determi- nation and appropriation of school taxes in tin* city of Wilmington. ■ Appropriation for genernl expenses for 1907-S to he not less than $188,900 ( not to exceed $182,000 in 1905-0). with annual iucivnw* for any succeeding year not to be less than 2 ]>er cenf (formerly not to be greater tlmn 1$ |x*r cent). Adding provision that council shall have (►oworlo deslgnnte what proimrtlun of any appropriation above the mini- 11,1,111 K hali l>e us»*d to adjust, equftll7.t\ and increase teachers’ salaries. Chain 125, Mar, 1, 1907. 01(1 Delaware: Dlreetlng (*ounty treasurer of Newcastle County in pay to "The Hoard of Public Education in Wllimpgton all stuns nx-elved or to t>e received from colored $fWx>l taxes assessed against real estate in tin* city of Wilmington for the years 1902. limit. P.X)4, ami 1905, nu< 1 providing for the distribution of the same. Chap, 127, Mar, 4, 1907. D017. Florida (1008) : Under Ijiwh, 1907. p. 2, chap, 5590, the general |xmvr is conferred on county commissioners to determine the amount to In* raised for nil county pursues, and by chap, mtuti, p, S4, Ijiws, 1907, they are required to ascertain and determine the amount to be raise*! for county pur|M>eos, Including current excuses, etc., ami are authorized to levy n tax of not more than 5 mills on the dollar on the projaTty in the county, and It Is further provided that the county commissioners shall levy a tnx uot to exceed 7 mills nor less than II mills on the pro|x»rty lu the county for county school purples. Held not to authorize county commissioners to revise the decision of the county board of 'public in- struction under Gen. Stab, 1!NKi, sec. 1147. as to ‘the inlltngo required for tlie maintenance of the county schools, when it Ih within the const Uu- ' tlonnl limits, and the estimates Include no illegjil items.— Tomastdle r. Don ni of Public Instruction for Santa Kosa (’omity, 45 So., ssti. 018. Georgia: Amending act No, 59. p. 425, acts, 1905. relative fo creation and alteration of loctil tnx district schools, for levying ami eollcctlun of lorn I tax by the counties for educational i>nr|M>s^s, for laying off of counties In school districts, and for other purixtses. Amending caption of the net so ns to provide for it\ proper enforce- ment, for laying off of counties Into districts of miwmuhle size, for election of district trustees, whether a local tax Is levied and t'ollectcd or not. 1*1*0 v Id lag also a i‘orriH , l method of assessing and collecting tuxes for school purposes In local districts: making coritorate pro|H*rty subject to local taxation. Act No. 549, p, 01, Aug, 21, l!KMi. D810, Georgia , (1906) : The third and fourth, sections of the act approved , August 23, 1905 (acts, 1905, pp. 427, 428), providing for the levying and collection of, a local tnx by school districts laid off In the manner pre- scribed, are Inoperative, innspiuch as the method provided for the assess- ment of the tax Is antagonistic to art. 7, sec. 2, par. 1 of the constitution, .because an %d valorem tax Is Imposed only upon the proi^erty of those taxpayers requited by law to make return of their property to the county tax receiver, and not upon the property, of another class of taxpayers, such as railroad companies, who are required to make returns to the comptroller gcncn h—l n tuSouthern By, Co* 54 S. E* 723. l-, .1- ..5 V -?V. - 'jL .-j?' > hf LOCAL FINANCE AND SUPPORT. 109 b tiliO. I Mi H22. 924 . Tlle nCt a 1*l ,rovw l AnjruRt 23, 1905 (acts, 1905, p, -fef,) 7‘ f r ® rt t0 Provide for the creation and ojierntiou of local tax ^fr'r ^ h. f T U>0l ^ f ° r ,he 7 vyhlK ’ nmi wIieollon of local tax bv counties for odi uoitlomtl rmrjHiKen. for the laying off of counties hi school dlMi-lcts .md foi other purposes, ’ is tint uncoiist It utlonal because of the proviso . the > second section of the body of the net, whereby Incur, n.rnt*! tovvm! •pii.ititiK a public-school system are pot. without the consent of tlie nnndcjpnl authorities, included in the election held Ih the countv for file punx>se of detennipin^ whether a Mmol tax shall lie levied. The sub- .Uxt-nmuer of the proviso Is Keriuane, mid Is not at variant* with the Htje of the act,— beofgiu IP and Itankin^ Co, r . HutcJdnson, 54 S. E., LM. fJcoi*la <1907 ) : Act of An?, 2:1. 1905 (nets. 1905. p. 425 \ ns n mended n art of Aug, ^1, 1900 (acts, I9n« f p. 01), providing for the creation of t ;; al a * Oistncr scIuhiJh. Is tmt a violation nf the uniformity rule of the MUistitutiun as to Intention for the reason that the scheme of taxation .is t,’ a tuuint and method of collection Is differed, when taxes are levied and (olleetod for district schools from wind ft is when collected for county schools. — Edulgu r. Southern Ky, Co,, 5 m s. E,, 849, l.lalio : Amemlintr »v. H4. II. H. No. 42, I.nws, 1««. as l.y s*-. 2. s. t. No. Its, Ijiwh. relative to the lowers and duties of boards of school trust(*es, / Increasing niMxfiuum levy of s(>eelal taxes froniW* to 20 mills. II. It, No, 201, p\’l<>4, Mar. 13, J907. . Illinois: Amending sec. 1. art. S, nets, lssp, „ s amended by acts, IS!*), ^ 1J -- n,,r,l ' H Hovlswl Statutes, relative to tnxntlou " K ’ and lmtliitemimv of a system of free schools Adding proviso, tl, at In 'rifles of loss than 100.00b iiilmbltanls the (•ilK'iise ot linpro. oinent, repair, or benefit of school buildings or iiroiierty shal be paid from that portion nf tax levied for bnlldltty paw * 1,.,'v' ',. v K f f ,' ,r r I s *’ (l11 " "" .’loet Ion nor petition' Is necessary to i. 1 'v;;«nr;:n:, 1 «,r i ' r '' v, ' inem ,,r ,o ,,n - v ,,n - v •«* H * **>. P. 519. May 20, 1907. Illinois: Hopeallt* nets, ISM. p. 170. relntlve to bonnls of seltool In- s|hv"os elected nnder H|xvinl nets, ns amended by p. 2!,o 1Si)T . nnd p. Oil. Arts. l.NWi. relative to inrreasltip tbe number of school Inspect- "1S fl.v-t.Hl nnder H|svlnl nets from six to so.en members: tuul ropealln/ a substitute. „. .'Is I , nets, HIM, relntlve to election of boards of i ns] lectors In certain rnses.“ 1 > (125 H. H. p. 525. May 2b. 1!H)7. Illinois < 1!*M> : Where taxes have l>eeii pal.l for school purinwos with- ..." ..bj.v-t I,.,, or protest, their use for the purposed for will, h tbev were let I, st n lid deslanod will not be proven t«sl by nnv mere technical' nblem ha s as to the , mm, ter in which the levy wt.s mtahe-Trtt^'s '! s 1 1 I. Hoard of School Inspectors of City of IVorln. 115 111. App . 47 ) : frl.: Iniws, tsr.7, p. 21P chan 11 divides # ' mnll'lv^’ 7hr;'l,v lmrl< ' ,8, i| l ' , ' OVl '' 0 " f " r " ,e In'siHv ors! ' l’ ,Vn 7 1 1 ‘ ‘ ' l' f / ‘ 1 r n'‘ ' ■ ■ ‘ ^ ‘ " ' « > •' ' ‘'.l' ' ! ;'l ."’ll. r.V r J ’|Vur held to . xUt in a iH>dv*iw.pkin I r I “ ' z'z": sn.- srsa: nr, ■; . . ,-ditlon of 1007, p, 8.) J ° * ; “ e 8cho01 ot *P««W I STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. subject to the order of the school Insixvtors on warrants to be counter- signed by the mayor and city clerk. If rid. t Ha t the latter statute did not give the board of school inB|*eetors authority to levy taxes by repealing the former statute bv implication. — People r. Mottlnger, 74 N. K.. 100; 21b 111.. 25t>. The provisions of I'riv. Laws. 1S57, p. 21b, chap. 11. giving the city council of Joliet the rigid to levy taxes for school pm a |Kises. arc not rej>en1ed by implication by the ineoriMinitlon jiet of 1S72 (Laws. 1871-72, p. 218), under which the city was incor]H>rnt'd, the subject of taxes not being mentioned In th^ stnrnte, and art. 1, s«v. ti. providing- in express terms that nil laws not inconsistent with the provisions of the, statute should continue in force. — Ibid. The provisions of Prlv, Laws., 1S5T, p. 21b, chap. 11, giving the city cuuncil of Joliet authority to levy taxes for school purposes, were not rc|»ealed by the general school law.— Ibid, 1*.*>27. Illinois ( lbtMi) ; \ taxpayer is entitled to enjoin a contract between the publlc-ft’Uool board and t lie state" 1 hoard of education providing for the employment of critic teachers to be paid in part by the school dis- trict. — Unbind r. Hoard of Lducatlnu of Normal School District, 77 N. K.. 150 ; 221 111.. 2d I ; reversing judgment i lbo.o), 122 III. App., t!17. 1MJ2S. Illinois ( HXMJ) : A levy by a school district for building purimses is illegal unless the building has tlrst Ihsmi authorized by a vote of the i>e<>- pie.- -St. Louis. A. A T. H. K. Co. r. People, 7!> N. L., t»(M. Hoards of education Imve authority to levy taxes only f».r educational and building purposes. - St. Louis, A. A T*. 11. It. (*o. r. People. find. A hoard of education hrld authorized to levy a tax to pay for a* heating plant to he installed in u school building the board had been antliorized to construct by a vote of the people. — St. Louis. A. A T. II. K. (,’o. r. Pen pie. Ibid. ^ 11 t>2b. Illinois (liHXl) : A certificate signed by all the members of the hoard of ml neat ion of a city, to the effect that they require n certain sum "to l>e levied as a a|>cclnl tax for school purposes. ami $8,500 for building puriMises on the taxable pro|H»rty of our district " for a certain year, is sufficient to authorize tile levy and extension of such building tax by the ^ pnqtor officers. — People r. ('hicago' and T. K. Co., 7b X. K„ l, r d ' 2 23 111., P 448. IMJ30. Illinois (1007): Peoria city charter (Priv. T^iws, IStib. pp, itTb, 17b) declares tliat the hoard of school lusjH*ctors shall appoint trustees who shall ra is** all moneys under control of tile school (Mint'd, and keep a true t * and accurate account of money paid out on the hoard's order. The hoard [ ’ Is ulso required to determine tlie amount to be raised l>y taxaflon for tlie support of tlie schools, and fo notify tlie eltj^couuell of sudt amount, and t. the rate to be levied; the city eouticll then being required to levy and col* > lect the amount with other city taxes. Held t lint, no discretion being given to the city council as to tlie amount to Ik* levied, such hoard was a */ '* sehool authority*’ authorized to Issue warrants in anticipation of taxes r for ordinary and necessary ex | smses by Hurd's Hev. St. IbO,', ebap. 14t»a. p. K4*c. 2.— Gray r. Hoard of School ln$|>octorH of Peoria, S3 N. K. t 05; 231 t III., 03. \, , * * . 631. Indiana: Amending aiul adding to sec. 5, cbffV- 32, Ijiws, 1005, and nmend- !ng see, 8, chap. 32. Wives. 1005. relative to the distribution of the s|iechil reserve portion of the state common school tuition fund. 0 Reducing required local tuition tax from 40 to 25 cents i>er hundred dollars, excepting in eases of school corporations umintalulug seven months term of school. Providing for the transfer of unused surplus to the common nc1hm»| fund. v "r- (’Imp. 237, Mar. It, 1007. * See on act men l 221, pp. 4H-4U, Hu ret u of Education Bulletin, No. 3, 1000, State School Systems. \ LOCAL FINANCE AND SUPPORT. m 1 Kansas: Repealing, and reennctlng with amendments, chap. 381, Laws, lfX>r>, as amending see. 0127, Compiled I^ws, 1901. relative to the powers <>f electors at school y iot*t Granting authority l^iJL dist rids to levy nu animal tax of 2} |«u* rent i formerly, only districts having more than 5no population: others, 2 per *ent i. Authorizing puyment of tloating indebtedness from :ax levy. < *lmp. 318. Mar. !>, F.H)7, C.:;:;, Kansas: Repealing elm ps. 4od c Uh nl art, rnflfey vllle i . 4(»9 (local net, Fort Si*htl). and I'Jl t LkoJ act. Pittsburg). laiws. 190.1, and amending . MV * L <‘ha|i. 2.»2, Laws, 1 S 99. ndative u> regulation. snp|K>rt, and main* t * a i a nee of piddle schools aftd endian of buildings In cities of the tirst elass. ' «. I.iniiting tax levy for support of public schools in cities of the first Hass to -m mills; excepting in cities Imvlng population of more than .h.ihmj. It mills. ^Iich levies exclusive of levii^s for payment of interest king funds. Sundry minor amendments. Clin p. 330. l'cli, 18, 190 7. nu Imiids for sii (■H. Kentucky: Amending sv*t\ 2909, Statutes, 1903, relative to tuxatlou for '"mninti s* lands in cities of the first c^iss. Increasing minimi minimum levy from .’Sit cent's to :j«» (.-eats. t l'cr- mins to Louisville tally; see cimp. :>2, Miir, is, Um>\ relative to dassifl- i*at ion (d cities. } * ~ Ohap. di. Mar, 24, 1!M>s. Kentucky (1907); Common School Uvv, see, 7S (Ky. St. 1903, wk 1 . 1J4(M, provides, when the enmity superintendent notifies the trustees that a st hoojhodsc on, the inelosnres rtit*n*of Inrve hern condemned and need repairing or mhlitiuiis, or that the furuitfire, etc.. Is Insufficient, or when it iMX'onies mvessary to pure hast* a nevv*H3. act 214, Acts. UK^i, relative to tin* tax for tin* supjKirt of public schools. iienmving certain limitations. Fixing minimum local lew at 3 mills i formerly, 1) mills), exceptions. Act No. 27, June 20, 190S, IM2L. Louisiana (UHiS): The estimate furnished to the city by the Mmol hoard of amount needed to im*et expenses of maintenance of selnVls for the >ear was not controlling tui the city except to the minimum amount provided by the statute t No, 30, of 1873, p. 73 A Over and above tlu* minimum amount, it vvifs left to the discretion of tin* city councii to determine whether an amount would 1 k* add cent*. Sec, 1. (hup. 111. Mar, 20, 1907. (Jnn. 1, 1908.) tsth. Michigan: ’Amending sec. 20, chap, 2, krt Nu. 104. Acts, 1881 (sec. 4005, Compiled I*avVs, 1897), relative to (JoWers of district school meetings. Giving district meeting additional power ut establish and support new district libraries, to pay premiums pa surety bondB required of officers, "to pay for transportation of pupils to and from school, and to devote £ ; V ' I Eg m 11^ STATE' SC H OOL SYSTEMS: LEGISLATION, ETC., 1900-8. % funds' derived from l-udll tax for said trans|»ortatIun. Providing that no «^ g ul subdivision of land mom Than ‘-!J miles from schoollmuse silo shall v ■■ ho taxed f*>r building said school) to u so. y See. 1 f pp. 109-111). act No, 91. May 1% V.ML. tm>. Michigan,: Amending wr. 9. chap. d. act No, 1M. acts, is^l ^ M4 ’ Compiled Laws. 1S97). relative to school-district taxation, 'tnclfidhig item -of payment of (list rid ollicers in estiuuMe o£ amount t<> i»e*ra iaitxl hy taxation. “ Limiting compensation of said nitieers nnder ver- min- conditions. Removing limitation of tnx in oortain districts. Sir. I . 1 CM >< . 1VIT. Minnesota: Amending w«c..Uir». Utuisod Laws. p.m.., relathe i-> l.>\> • of additional taxes for school purposes in sclmol districts ha vim: inlial>irants or more. * ^ ..... Raising ymximum limit of additional levy from R to 1 nulls; < fnrmerlv 'JU mills for general mainlernmce. rii.ip. IS, Apr. _J, l'.KL. (M-. Mississippi: Authorizing nmnieipalit h*s constituting so) u 1 rn t o scIhxm d.-- tricis to issue bonds to l.uild and repair Helmed buildings. m maintain * school.-;, to pay ex)*enses. ami to levy taxes. Maximum levy 9 md* unless more authori/y.l by majority of tax- |,iiytM ‘ H * - * Chap. ini. Mar. 11. 19US. (J.UI -Mississippi: Autliorizinc imy municipality not cmnpesimi a septate srlm,d Misirirt to N»vy an itmm.il tax to iti.l in tin- mlnentinn of children within such* mmdcl|mH+?-+tmi ts. ^Maximum la.x. :t mills. 127 . Mar. is. \W. . . p,M. MouHmn: Amending sws. llMba. ItMOh. I*o»ilU-al Okie. as ena.-l.-d by S. H. No l-l. |). IL".*. Iaiws. IS',17. amt as amended by H H. No. I'.M. p. 1-. l.a«s. 1‘X)1 roll'll ive to low of tnxos for support of ootmuon schools. " Int-ronslnc maximum s,«s-lal rounty tax levy for selnsds ("•>>■ - ’» mills, nn.l' maximum special .tistrlot tax levy from ., to to nulls. Chap. ol. Keli. ‘Ji. 19th, U-LV Nebraska: Providing for xtn equitable division of taxation for school PiinsiHos in Joint school districts. Clmp. 11*. Apr. b, 19 0 R>H, * KxemtilliDt seldetmou, dttrlnit -11)07 anil 1008, from rcOHOH. , Authorizing board to contract with other dtslricts for proper Hehoohug of children and to pay for the same out of school money. *- Chap. 185. Eeb. liO, 1907. fWS. New Jersey: Supplementing chap. 110, Uws. VM. mincing and malting ' rate of taxation into »evend taxing districts. Providing for a maximum Increase for county, school, district, and local taxes o f 80 cents pe^ hundred dollars of velaath.m ^ ^ ^ J LOCAL FINANCE AND SUPPORT. 649. North Cnrolina: Amending k(vb. 41UJ and 4110, chap. N5. Itevisa], 1905, relative tr> form of tVx lists JT / St?s. Itl and le, chap. 835. Mar. 0. 1907 ‘ 650. North Cnrolina / Amending wr. 4115. chap. S5, Revlsul, ipo.5, relative, to election* for KiHH*la) school tax. Providing fur enlargement of special tax districts and elections therefor. s See. If, chap. 835, Mar. 9, HK^T. Dtsd. North Carolina (1900): The legislature can create a «i>ccfflo Relmol district within the precincts of a county, lncoriKirate its controlling authorities, and confer uikhi theta certain governmental |M>\vers, and wlten accepted and sanctioned by a *ote of the qualified electors within the proscribed territory, as required by constitution, art,. 7, sec. 7, may delegate Ur sucli atitliorlties power hi levy a tax lit furtherance of the corporate pur|M»se.— Smith r. Hoard of Trustees of Rohersonvllle (Jradod School, 53 S. K., 524. 1>(»52. North Carolina (1!K)7) : Constitution, art, *9, sec, 1, declares that schools and the means of education shall be forever encouraged, and commands in sort universities and colleges located) in village school districts. Maximum annual levy of 2 mills. Free tuition for two years for high- school graduates. ' . H. IL 1274, p. 519, May 9. 1908. 054. Oklahoma: Authorising school district hoards to contract for construction nf schnolhouses to l»c paid for on the rental plan. Maximum tax. 3 iiiIIIh. Maximum total tax for all purposes, 31$ mills, (S«v. 9, art. X, ('oust.) > Chap. 77, S. B. 341, p. 671, May 5. 1908. 055. Oregon: Amending sec. 3372, Bellinger and Cotton’s Annotated Codes and Statutes, 1901, relative to percentage* of school tax to be jfedled to salaries, and rejH'nllng sec, 3377, relative to the unexi>ended bala^^ of tax. Cliap. 18. Feb. 13, 1007, *050. Oregon: Amending sec. 3374, Bellinger and Cotton’s Annptated Codes and Statutes, 1901, ns amended by H. B, No. 2Q4, p. 214, Laws, 1903, and regaling sec, 3080, relative to county courts levying taxes for/school puri>oseft. 1 * Increasing maximum amount of levy from 5 mills on the dollar to $7 per capita of children wltbfh the county between the ages of 4 and 20 years. Per capita levy Qot to be less than levy for 1908. Chap. 99, Feb. 23, 1907. ir 114 8TATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. K special taxes for schoul pur- t (*57. Khode Island' Exempting from taxation real estate of tin* Hojve street High School Athletic Assoc la t loti. ('Imp. HW>5. Apr. Hi, 190s, 05S. South CaiAdfya: Amending sec. 1208, Code. 1002, us amended by net No. 71, actH./llH^, providing for the vj*t lujr <»f *1 JfOSeS, Fixing time for holding eh*ctlons. Art No. 292, p. Felt. 20, 1907, ■659. South Claroltna: Providing;. S|>oo1h 1 fnniMm*-t lie purchase of j»r«»i>erty, erect ldn of buildings ami their equipment, providing nthlltional school facilities for educational purposes In theelty of (’liarh^ston, or mi y one or mure of said punnises, Providing for a si HH-in 1 tax levy of one-hhlf of l mill for six succes- sive .veHrs. com mem dug with 1907. Act No. :t*27, p. 722. Feb, 7. 1907. 660. South Carollda: Amending stv. 12-1(1. Civil Code. 1902, relative to the city schools of ( ’baldest on. Increasing annual levy, for hc1io.v chap. 2sp, ,\p r . 12, 1 '.m>7. > ! Chilp. !H. Felt. 15, 1[M>7. 662. Texas: Amending constitution, sec. 3,. art, 7. 1S70. Increasing the n^rnunt 'of tax that may he voted on school districts and providing for a mnjjority vote of the pn»perty tax p/iylng voters of such districts to vote smdj tux. Increasing maximum limit of local tax levy in school districts fr<|ji 20 to 50 cents. Adopted. November. 190S. ^ J. II. No. 7, p. 412, Mar. 20, i'.^07. ( 003. Texas: Amending Ht*e. 5S, chap. 124, r^iws, 1005, relative to special Itval school tax. \ Application for snch tax may be made by 20 or a majority of (pmllflo property taxpaying voters. Chap. K2, .f\)r. 0, 1901 D 654. Texas (19001 : Acts, 1000, p. 19, chap. 7, sec. 0, provides that in cities constituting lnde|M’ndent school districts, and "where a special tax lir w 'hool panoses Ime, l)w>n voted by the people qr thed by special clmrl*r not exceeding one-half of 1 j>er cent, ‘the board of trust eta shall determlle J the miKumt of such taxek within the limit voted by thy |K*ople or flxj l>y special charter, which shall be necessary for the maintenance of til schools for the current year, and It shall be the duty of tthe city council on the requisition of the school board, to actually levy and collect sue! tax. Such provision was reenacted in express terms In' Aqt», UK15, p. 308, chap. 124. sec. 168, and other provisions of the net provideW nn VlectloiL by the voters of an incoriwrated city to determine wbethertthe city public, schools shall be under the control of the city council or bonVd of trustees,' and In exprqps terms confers pu the board pf trustees, when' that method of administration Is adopted, full control 1 of the public schools within the city. J/c/rf, that where a city’s schools were under the Vmtrol of a hoard of trustees, and such board determined in its discretion the amount o(>*es, within the authorised limit, which should be levlX fot the ensuing year, the city council had no discretion but to levy tbaOamount certified. — City Council of Ctty of Crockett u, Bodrd of Trustees rar In- dependent School District of City of Crockett, 88 & W., 88G. y LOCAL FINANCE AND 8UPPORT. ’ < 115 665. Ctah: Amending sec. 1936, Revised Statutes, 1898, ns amendod by chap. 1-7, Ijiws, 11KU, relative to the cat him to, levy, rato, and -collect Ions of taxes fortuity school pur^ises. increasing nmxiimnn limit of tax levy for support and maintenance from 5$ mills to 0} mills, at least :t nulls of which shall be for the pay- ment of teachers. ('hap. Sp, Mar. 1-4, 1907. 606. Virginia: Amending and reenacting fl«x\ K33, * tH J^> WH, adding new sec. MCIm, prescribing lowers and duties of hoards of suiterviaors In relation to county mid school levies. • Chap. 177, Mar. 11, 1908. 607. Virginia: Amending niul reenacting sosos hv county hoard of supervisors from. 7$ cents t<* 10 emits; maximum limit' from 4!0 to in cents. Exceptions. Minor amendments. Chap. 2lo, Mar. 12, 1908. 668. Virginia: Amending and reenacting m-e. 1514, rode, 11HM, relative to assessment of sehoo] taxes. Adding minor provision concerning form of record book. Chap. ;t (>9 (in part), Mar. 14. 1908. 609. Washington: Authorizing and em]>oworing cltletf of the tlrst class to Include within local improvement districts tide lands and land in school S(H*tions the title to which remains in the State, und to assess sueli land for the cost of local Improvements and authorizing the sale of such lands. Chap. 73, Mar. 5, 1907. 670*. ^Washington : Amending see. 1 12, chap. 118. laws. 1S97 (Code of Public 1 nst met Ion l , relative to sposes. Removing limitations of tax to he imposed (5 mills) without vote of ehs'tors. Providing fors|*ctnl levies in union school districts. Sts;, 5, cl tap. 163, Mar. 1J, 1907. 671. West Virginia: Amending nml reenacting str. 3\ chap, 45, ('ode, 1906/ as amended and reenacted by chap. 67, nets, U*>5. relative to tax levies l for. school building and supply fund. Fixing maximum arhnial local tax levy for suc^i purj>oso at 15 cents, and at 25 ceij^ In niHt> of construction of new buildings. Condition of levy and paymopt of indebtedness. ^ Chap. 70. Feb. 27, 1907. 672. West Virginia: Amending and nvimcting sec. 40,* chap. 45. Code, 1906. ns amended and reenacted by chap. 07, actH, 1905,* relative to tax levy for Bup|K>rt of primary free schools. ' Tax levy to he sufficient to supimrt schools for h!x (formerly five) months each year. Maximum levy 25 cents, except In cases where such Is insufficient to provide six mouths term. Authorizing s|>eolal high \ school tax of 10 cents. Chap. 70, Feb. 27, 1907. 673. Wisconsin: Amending sec. 926, subdlv. 145, Statutes. 1898 , as amended by ’chap. 81, Laws, 1899, as amended by chap. 387, Ijiws, 1901, relative to ta^atlop for school purposes in cities of the third and fourth clqBs. Extending provisions of act to school districts including within their limits amor apy part of sdeh cities. Tax to be levied and collected as other school taxes, Chap. 07, Apr. 30, 1907. i 116 STATE |>CHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 674. Wisconsin: Amending subsec. 7, sec. 41*0. Statutes, 1898, relative to the powers of school district meeting. Authorizing levy of a tax.tojmy fee for surety bond of district treas- urer. Chap. 8ti-^lity 4, 1907. 675. Wisconsin: Amending sec. 471, Statutes, 1898, as amended by chap. .'107, I^ws, 1005, relative to equalization of taxes In Joint school districts. •Relative Valuation of taxable property in several parts of joint dis- trict to be equalized only niton jfetltlbn of three frwhofclcrs, prior to July 10 of any ytiar (formerly annually). Otlier minor amendments. Chap. 90, May 10, 1907. — * \ * * A D. BUILDINGS AND SlffeS. \ V t * (a) General. & A very large proportion of the general legislation having to do with , e^hool buildings ami sites has already been included under the liend- ing of Local Ronds and Indebtedness. The special enactments in Massachusetts (685). Minnesota (088). and Now York (581) are here again referred to as evidences of the pressure felt hy the public schools of our larger American cities to supply proper school accom- modations. The amendment in Wisconsin ( 500 ) relative to the equip- ment of free high schools as u condition for state aid. the Indiana decision (I) 681) , and the Wisconsin -measure (705) as to the use of school buildings for other than strictly scliool purposes, are not with- out significance and interest, j •» 876. Arizona: Amending sundry secs, of tit. 21, Revised Statutes, 1601, relative to Eminent domain. Extending right of eminent domain to> J ‘miy educational, reformatory or penal Institution.” Provisions concerning costs. Chap. 01, Mar. 21, 1007. 677. Colorado: Amending sec. 1, Acts, 1883, p. 263. providing for condemning sites for public-school buildings. Adding special provision; permitting districts of the flrRt class to take three acres (others, one acre) of land If unplatted, and not exemlluie one block If phrtted. , - » Chap. 217. Apr. 9, 1907. 678. Illinois: Enabling trustees, boards of education, and other corpoVnte' authorities of universities, colleges, township high schools, and all other # . educational Institutions established and supj>ortod by the State, or hy a township, to exercise the right of emluent domain. R. B. 550. p. 522, May 24, 1907. 079. Indiana; Repealing, and reenacting with sundry amendments, chap. 87, Laws, 1881 (secs. 6006-41008, Bums', Annotated Statutes, 1901), provid- ing for the appropriation of real estate for school purtwses. ChapSfi7, Mar. 1, 1907. BUILDINGS AND RITES. 117 ft.RO. Indiana: Providing for the sale of school property. Authorizing the school trustee upon i»et it ion <>f two-thirds of the quall- flod voters of school district to Hell unused school property. Minimum price, two-t birds of appraised value. inquiring jrppralseinent by three disinterested householders and pub- lication of notice of wile. Chap. 257. Mar. 12, lses when “unoccupied for common school purj>osos.” IfrUl. that the teriu “ un- occupied for common school purifosos" had reference only to tlie time intervening between terms of school, and did not iiythorizc a religious organization to use a stjhoolhouse on Sundays amr evenings during a school term, when the school was not actualiv In session. — I(a steer lv r I ,oe, 73 .V E. t 021. * ftR2. Iowa: Iiepeallng see. 2-R14. role, concerning the acquisition of school sites and enacting a substitute. * Making special provision concerning size of site in the case of eon- populated districts. 5 • Chap. To,'!. Apr. 5, UX)7. D0R.3- Iowa (100R) : (Axle, sec. 2.R14. as amended by Ijiws, HH»7, p. 1 512, chap. 153, authorizes school cor|KU*a t ions to hold, within oeVtnin ltmitatloiis, land for 8cho(»llionse sites, which must he upon public roads, and, except In cities, etc., at least .10 rods from the residence of any owner who objects to a site being placed nearer. Sec. 2S15 provides for condemnation of a site If the owner refuses or .neghvts to convey, etc. Sts*. 2773 authorizes -boards of directors to llx schoolhouse sites. ' HvU\ x that the term “ owner,” uwmI In hosop. Authorizing the city council, upon the* removal of the bodies interred to other suitable places a*nd the replacement of toudedoues upon the new graves, to take t.ong Hill (’’emetery for school purposes. City to iwy all damages to projiertyt 0h*p. 342, Apr. *20, 1007. D CS7, Michigan (1007) : Comp. Down, sec. 4005, ruIhHi* 4, gives the minlMed voters of a school district authority to designate a school site as there- after provided ; eubdlv. 5 gives such voters authority to direct the pur- chase of sites lawfully determined on; and subdiv. d confers authority to vote a tax therefor, livid, that since secs. 472S and 4720, prescribing the method referred tb lu sec. buIhIIv. 4, for designating school sites, contain uo authority for purchase or condemnation by a board of education of a city without prior action by the voters of the district, proceedings by such officers to condemn a school s*fte without such vote were unsustainable, — Board of Education of City of Detroit v , Morose. d!4 N. W„ 75; 14 Detroit Deg. N„ 083, ' --T-rr . ■ < 1-, V| . 1 ? » \, -'g_w <■ J UJJft . " ^ ' ' V - " * ' " ‘"V ■ , 1 " 1 ■ 118 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 688. Minnesota: See enactment No. 570. 689. Minnesota: Authorizing cities having a population of over 50,000 to con- demn lands under the right of eminent domain for sites adS grounds for public school buildings, and for all 6ther municipal or public buildings for such cities, or for any of Uie departments of its government. Power and authority to* be exercised under the authority of chap. 41, Revised Laws, 1905. Chap. 291, Apr. 2^44*1^ 690. Nebraska: Amending, and reenacting with amendments, secs. 1, 2, 3, and 4, subdlv. 12, chap. 79. Compiled Statutes, 1905 (secs. 11166 to 11109, Cobbey’s Annotated Statutes, 1903), relative to appraisement of property for school sites. Add^pg provisions relative to procedure for the exercise of etnlnent domain ‘by school districts in cities. 4 Chap. 126, Apr. 3, 1907. 691. New Jersey: Authorizing the board of education of any township, upon two-thirds vote of Its members, to transfer auy unused school building to the township in* which said board of education Is located and to em- power the township committee to use said building for municipal purposes. Chap. 49, Apr. 42, 1907. D 692. New Jersey (1908) : A resolution of the board of .school estimate, fixing and determining the amount of-nnoney necessary for the erection of a schoolhouse at the sum of $175,000, on condition that a school building containing 20 units shall be erected, Is not such a determination of the amount necessary for the purpose of building as Is required by School Law, 1903, sec. 76 (P. L., 1903, 2d sp. sens., p. 28), — Board of Education * of Montclair t\ Town Council of Montclair, 68 A., 795. 693. New York: See enactment No. 58 J. 604. New York: Authorizing the city of New York to ncqptre certain lands as sites for public buildings and to provide for the establishment and main- tenance of public educational institutions. Chap. 515, June IT, 1907. 1 695. 697, 696. New York: Authorizing the city of Utica to issue bonds in the amount of $20,000 to enable the commissioners of common schools of such city to equip, remodel, and repair school buildings so as to safeguard the pupils In case of fire.* ♦ • Chap. 244, May 11, 1908. North Dakota: Providing for a site for the statue of Sakakawea, the Indian guide of the Lewis and Clark expedition. 8tatue erected by women, students, and school children of the State tipon the Initiative of the* Federation of Women’s Clubs. Appropriat- ing $1,000. Chap. 12,’ Mar. 2, 1907. North Dakota: Amending sec. 831, Revised Codes, 1905, relative to the organisation of schools on petition. Increasing maximum expenditure for s?hoqlhouse and furniture from $700 to, $1,200. Sec. 5, chap. 95, Mar. 19, 1907. Rhode Island: Authorising the city of Providence to build and maintain conduits and carry steam pipes therein in, under, and across Pond and Bummer streets^ and providing for installing a central heating plant on tfie technical high school premises in sakLcity. . * * Chap. 1476, Apr. 5, 1907. ^ . . •« .. ■ f ' ^ t rrrt" ‘ i ihHn i n . l..-,,-!, v . . . tfUlLDTHOg AKD glfEB. 099. Rhode Island: Amending, by adding to, act of May, 1827, confirming an i act of the town of Newport for establishing a public-school fund. ' Public-school fund may be used for the erection of a new scboolhouse. 1 Chap. 1618, May 13, 1908. 700. South Dakota: Providing for the protection of State, county, and munici- pal corporations crad school districts and of persons furnishing material and labor for the construction or repair of public or school buildings. Providing that surety bonds for the performance of contracts shall . * contain obligation of contractor to make payments promptly to all persons supplying labor and materials. Authorizing suit for recovery. Chap. 138, Mar. 4, 1907. 701. Washington: See enactment No. 535. 702. Wisconsin: Sec enactment No. 506 . 703. Wisconsin^ See enactment No, 1202. 704. Wisconsin: Creating sec. 92G — 17, Statutes, 1&)8 (see. 926 — 104m), rela- tive to the [lowers of/ltoards of education in cities of the third class. Relieving boards, authorized to purchase sites and erect high-school buildings, from restrictions ns to territorial limitations imposed by city charter. • * Chap. GO, May 1, 1907. 705. Wisconsin: Creating subsec. 70, sec. 92f>— 52, Statutes, 1S98, relating to * the (towers of cities, , i t Sehoolhouses may be used for public meetings for social and educa- tional puri>oses. Chap.* 244, Jilne 19, 1907. (b) Buildings and sites: State aid; ap^uroval of pl^ns. The legislation of -each biennium clearly demonstrates that the State is concerning itself more and more in the matter of properly erected and planned school buildings. As the extopt of this state supervision increases there is certain to* be a dk:roasc in the present waste of funds through the erection of ill-adapted buildings and an increase in. the number of those buildings in which have been in- corporated the features demanded by a propef regard for the iie<h of children and the requirements for efficient teaching. The tendency to require that the plans of school buildings be approved by some competent authority, and the tendency to place in the hands of local, school authorities plans of properly constructed and hyjpenically/ arranged * schoolhouses, are illustrated in the principal enactments brought together under this head: Nprth Dakota (TOT), Tennessee (T08), Virginia (TOO), Washington (Til), and Wisconsin (T12). The presence of these measures in the le{ decidedly encouraging. 706. Alabama: Making annual appropriation to erect and to repair public scboolbouses. Annual approbation of $67,000, and prescribing conditions and meth- od* of pkym&t of state aid ; ♦ , " Provided farther that no appropriation shall be made for the build* Ing of a achoolhouse unless said schoolhouse Is built in accordance with fislatmn of the period i$. aid rtfral school districts to * p/ '= BO STATE SCHOOL SYSTEMS: LEGISLATION, BTC.*, 1006-8. i ^ the plans and specifications either furnished by or endorsed by the super- intendent of education of the state.” C Maximum aid for any schoolhouse, $200; maximum aid In any one county, $ 1 , 000 . Aqf No. 163, p. 238,' Mar. 2, 1907. (Secs. 1975-1903, Code, 1907.) 707*. North Dakota: Amending Sec. 829, Revised Codes, 1905, relative to school- houses and sites. Providing that county superintendent of schools and county superin- tendent of health shall be consulted by district school boards purchasing, erecting, or constructing schoolhouses, with reference to proper construc- tion, lighting, heating, and ventilation. State sui>erintftndent to furnish plans for one and two room schoolhouses. Constituting county suj>er- lntendent of schools, county superintendent of hbalth, and chairman of board of county commissioners as board of Inaction for schdoihouscH. Chap. 96. Mar. 14, 1907. 708. Tennessee:" Providing for the preparation and distribution to local school authorities of plans of school buildings costing from $300 to $5,000. Chap. 234. Apr. 1, 1907. 709. Virginia: Amending nBd reenacting chap. 255. Acts, 1906, relative to the Issuance of bonds by' school districts for the punx>se of erecting and fur- nishing schoolhouses. Removing three-year limitation as to the sufficiency of school funds. Plans of schoolhouse to be approved by superintendent of public Instruc- tion, In addition to division superintendent. Bonds as lieu or. proj>ertv of district or a part thereof. Chap. 82. Feb. 25, 190S. 710. Virginia: Amending and reenacting chap. 252, Acts, 1900. relative to the borrowing of money belonging to the literary fund by district sjcbool boards for the puriwse of erecting schoolhouses. Extending provisions of net to cities. Increasing maximum lo.nn limit for any one building from $3,000 to $10, 000. Special provisions regarding loanB in excess of $3,000. Authorizing the state board of education to convert securities of literary fund Into cash, not to exceed $10o,0(X> per annum. Chap. S3. Feb. 25, 1908. 711*. Washington: Supplementing the Code of Public instruction (chap. 118. Laws, 1897), by adding sec, 471, relative to approval of pinna of school- houses by county superintendent. Excepting districts having a population of 10,000 or more. Sec. 2, chnp. 163. Mar. 13, 1907. 712*. Wisconsin: Creating sec. 524L, Statutes, 1898, relative to plans and specifications for school buildings^ Authorizing state superintendent of public instruction to procure plans and speclflcatlons for buildings not exceeding four rooms; to loan same to school districts. Appropriating $500. Providing for the approval of plans and Bj>eclflcations of buildings by county superintendent when pfans of state superintendent are not used. s * 'Chap. 425, June 26. 1907. ; (c) Buildings and sites: Decoration, care, sanitation, inspection. The following enactments are in their evident purpose supplemen- tary to thode noted in the previous section. Each of them bears oharactAristm-avidence of progress in a needed direction. That of Indiana *(7f8) relative to the employment and payment of janitors wiU undoubtedly result in an improvement in the schools of rural n ■ -■ *i -i it r i - ... i ■ i.*..- • L J . * botlditgs and enm . 121 districts. The decision in Indiana (D 714) as to the authority of the state board of health over public-school buildings is noted in con- nection with the present-day movement to place the sanitary super- vision of school buildings in the hands of competent persons. The j enactment of idassachusetts (719) relative to the inspection of school j buildings is of particular interest in this connection. The three most important items of this group are that of Ohio (721), providing for the inspection of school buildings; that of Vir- ginia (727), regulating the construction of school buildings, and those of Wisconsin (729), (730), (731), relative to the conditions for state aid to rural schools. 713*. Indiana: Amending sec. 3, chap. 102, Laws, 1899, relative to duties of school Lrustees. Adding provision ‘that ‘‘said trustees shall provide such janitor help as may be deemed necessary to properly care /for the school® lses under their control, and such Janitors shall be paid from school funds of the township.” * Chap. 218, Mar. D714. Indiana (1908) : The state board of health may only require that the public school buildings be made sanitary, the means of securing proper sanitation being left to the local authorities.— Advisory Hoard of Goal Creek Tp. t Montgomery County, t\ Levandowskl, 84 N. E., 346.' DTl^. Kentucky (1006) : Under Ky. 8tat. 1903. sec. 2954, providing that the school bourd of a city shall apply* the funds annually coming into Its hands for educational purposes to certain objects. Including salaries, and sec. 2956, providing that it shall elect teachers and regulate and fix their salaries, and the term of office of teachers and employees of the board, It may employ a janitor; and, having done so, it is its duty to pay his salary from the fund for educational purposes. — Oberdorfer t>, Louis- ville School Board, 85 8. W„ 006 ; 27 Ky. Law Rep., 508. D716. Kentucky (1005) : A city Is not liable for injury to a pupil from a ’defect In a building furnished by it for a pnblic school. It being owned by it not for private or municipal* purposes, but for a public purpose. — \ Clark t>. City of Nlcbolasvllle, 87 S. W., 300 ; 27 Ky. Law Rep., 974 717. Louisiana: Prescribing the way in which doors tag public bulldluA and factories shall be hung; determining to what bindings act shall irpply ; and fixing a penalty for the violation thereof, or failure to comply with the provisions thereof. r Act No. 73, June 30/1908. (De* 30, 1908.) 7J8. Maine: Requiring steam plants in school buildings, churches, and other public buildings to Win charge of competent persona Requiring persons In 'Charge of steam heating plants tcf hold a certifi- cate of competency to be Issued by municipal authorities. Providing for the form, content, and Revocation of certificate. Chap. 82, Public Acta, Mar. ^0, 1907. (Sept. 1, 1007.) 719*. Massachusetts : Providing for the establishment of health districts and the appointment of Inspectors of health. Transfers Inap^ction of factories and pnblic buildings from Inspection department of the district police to state Inspectors of health. Enforcement of secs. 54-56, chap. 100, Revised Laws, 1902, relating to the Inspection of school buildings by state Inspectors of health. Hh*n MAT. Jnna 10 1007 - ..w.? j :. ■ ■ .-. ."■ ■ 1 — — — — * 122 ’■ STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-$. 719ft. Massachusetts: Relative to janitors of public schoolhousee in the city of Worcester. * , Janitors to be under the control of the school comm i (tee. Chap. 258, Mar. 23, 1908. 720. North Carolina: Providing for pure and adequate water supplies for the public and private schools of the State. * Granting to constituted school authorities power to condemn land for water supply and prescribing procedure for condemnation. Cbqp. 671, Mar. 6, 1907. 721*. Ohio: Enlarging the powers of tho chief inspector of workphops and factories in the matter of public * 'hools and other buildings,' and Increas- ing the number of district inspectors. “Sec. 1 . In addition to the^powers now vested In- the chief Insp^tor of workshops and factories it shall be his further duty to cause his dis- trict inspectors to inspect all scboolhouses, colleges, opera houses, halls, theaters, churches, Infirmaries, children’s homes, hospitals, medical institutes, asylums, and other buildings used for the assemblage or better- ment of people In any municipal corporation, township or county in the State of Ohio with special regard to the precautions taken for the pre- vention of fires, and the' provision of fire escapes, exits, emergency exits, hallways, air simce, and nil other matrora which relate to the health and. safety of those occupying or assembling in such structures. “Sec. 2. The district inspectors shall file v^lth the chief Inspector of workshops and factories a written report of every Inspection made of any of,the aforesaid .structures, stating the condition In which such building wak found, and if it is found that necessary precautions for the preven- tion of fire or other disaster have not been taken, nor men ns provided for the safe and speedy egress of the persons who might be assembled therein, said report shall sj>eclfy such nppllances, additions or alterations ns are necessary to provide such precautions and protection, and it shall then be the duty of the chief Inspector of workshops and factories U^iiotlfy In writing the own£r or person having control of such structured the appliances, additions or alterations necessary to t>e added to or made In such structure. “ Sec. 3. A copy of said notice shall be mailed to the mayor of the municipality, If such structure is located therein, aigl If not. then to the prosecuting attorney bf the county wherein It Is located, and it shall be the duty of the mayor of the municipality, with the aid of the |*>lice, or the prosecuting attorney, with the aid of the sheriff, upon receiving such notification, to prohibit the us# of said structure for the assemblage of people until the appliances, additions or alterations required by said notice have been added to or made In such structure. “Sec. 4. Upon receiving said notice It shall he the duty of the owner or person In control of such structure to comply with ench and every detail embodied therein, and It shall be his further duly, uixrn tho com- pletion of every such detail, to report the fact in writing to the chief Inspector of workshops and factories and the mayor of the municipality or the prosecuting atmrney of the county as the case may be. “ Sec. 6 . The plpns for every such structure aforesaid which may he hereafter erected In the State of Ohio, and the plnns for any alterations in or additions to any such structure aforesaid that is now erected shall be approved by the chief in«|>ector of workshops and factories, except that in municipalities having regularly organised building lnsi>ectlnn departments the plans shall be approved by said munleliwil deimrtments. “ Sec. 6. Any arcbftect, builder or other person who shall alter the approved plana, or fail to construct or alter the building in accordance with said approved plans without the consent of the department that approved them shall be deemed guilty of a crhntual offense, and, upon conviction, shall be fined iu any sum not less than five hundred dollars ($600) nor more than one thousand dollars ($1,000), or Imprisoned In the comity j&ll no less than thirty days nor more than one year, or both such fineiand imprisonment at the discretion of the court. “ Sea 7. For the purpose of carrying out this provision of this act the . chief inspector of workshops and factories shall, with the approval of the BUILDINGS AND SITES. 128 governor, appoint one assistant chief inspector who shall be a competent and practical architect, and whose duty It shall he to examine carefully the plans and Specifications of such buildings, alterations, and additions, and perform -such other duties ns the chief Insi»ector may direct. The salary of said assistant chief insi>eotor shall be two thousand five hundred dol- lars a year, which salary and all necessary traveling expenses incurred by said Inspector in the discharge of his official duties shall be paid out N of the treasury of the state on the warrant of the auditor from any fund therein not otherwise appropriated. ^ *' Sec. 8. For the puri>ose of carrying out this act the chief Inspector of workshops and factories Is authorized to appoint, with the approval of the governor, ten additional district Inspectors who shall be eompe-' tent and practical mechanics, with a knowledge of building construction, and who shal| receive the same compensation, be clothed with the same powers, and whose terms of office shall he the same as Is now provided by law for* the district inspectors of workshops and factories. *\Sfc. 0. Auy person, firm, hoard or cor|>oration, being the owner or in control of^fa building mentioned in this act, who shall use or permit the use of siSi building, in violation of any order prohibiting its uty. Issued in accordance with this act or who shall fall to comply with the requirements of any order so Mss noil relating to the change, improvement -or repair of such building, Rlmll l>e fined not loss thaif ten. nor more than one hundred dollars, and each day that such use or failure shall continue shall constitute a separate offense.** H. II. 1223, p. 232, Apr. 2S. 1908. 722. Oklahoma: Providing certain buildings, public *and private Institutions!, and places of public assemblage, and places of public resort, hotels, lodging, apartment, and other public houees. with fire escapes, and pro- viding penalties for valuation thereof. Including school houses. % Chap. 38. S. R. 100, p. 427, Apr. 2.8, 1008. \ 723. Pennsylvania: Providing for better sanitation of school rooms, relative to heating and ventilation. Act No. 240. May 29. 1907. (Dec. 1, 1907.) D 724. Pennsylvania (1905) : The city of Philadelphia, which Is coterndnojia with the first school district of Pennsylvania, and has legal title to the v public school buildings therein, is not liable In damages for Injuries to a pupil In a piddle school by a fall of a iwirt of the plastering from the celling of a schoolroom, although the hoard of education and Its architect had several weeks’ notice of the defect in the ceiling before the accident occurred. The ground for the city’s exemption In such a case is that the school buildings are ln*the actual possession and control of the sec- tional school board "nnd hoard of public education, and that the city has no voice In the selection of the officers, agents, or architects of the school district, and no power to remove them. — Roslublit t*. City of Philadel- phia, 28 Pa. Suiwr. Ot., 587. 72T>. Rhode Island: Authorizing the city of Providence to borrow money to provide sanitary furnishings niul equipment for schoolhouses. Maximum amount, $110,000. Chap. 147S, Apr, 17. 1907. . ,720. It^iode Island: To diminish danger in case of fire. Making general provisions for safety In all hulldJngfl used for public pur|K)»ea, including schools. Doors and windows to swing outward; not to be .locked during occupancy of buildipg. fnsi>ectlon. Penalties. — Chap. 1536, Apr. 22, 1908. 727*. Virginia: Regulating the construction of public school buildings In order; that the health, sight, and comfort of ail pupilB may be properly pro- tected. “Where os, It la of great Importance to the peoplo'of this Commonwealth that public school buildings hereafter erected by ’any school board shall be properly heated, lLghted^ytd ventilated ; therefore, "• Jg^KTT'; ~ » "rTTZ-”-' ' • ' 1 *1 ^v,'-f.. •• ni - ’ "* ■ ." ".'jp - - »' 1 ■ " ■' 1 F 124 STATE SCHOOL SYSTEMS: LEGISLATION, BTC., 1S06-8. A 11 1. Be « enacted by the general amenably of Virginia, That the* State board of Inspectors for public school buildings shall not approve any plans for the erection of any school building or room In addition thereto unless the same shall provide ut least fifteen square feet of floor space and two hundred cubic feet of »lr sjwioc for each, pupil to be accommodated In each study or recitation room therein, and no such plans shall be approved by said board unless provision Is made therein for assuring at least thirty ji cubic feet of pure air every minute per pupil, and the facilities for ex- c ha noting the fop I and vitiated nlr therein shall be positive and independ- ent of atmospheric changes. All ceilings shall be at, least twelve feet In height. '* 2, All schoolhouses for which plans and detailed statements shall be filed and approved by said board, as required by law. shall have all hulls, doors, stairways, seats, passageways, and aisles, and all lighting and beat- ing appliances and apparatus, arranged to facilitate egress In eat** of j fire or accidents, and to afford the requisite and pro|>er accommodations for public protection In such cases. All exit/doors In any seboolhouse of two or more stories In height shnll oi>en outwardly. No staircase shall be constructed except with straight runB, changes In direction being made ( by platform^. No doors shnll open Immediately ut>on a flight of stairs, but a landing at least the width of the doors shall be provided betw(*en i such stairs and such doorway. “8. All schoolhouses, as aforesaid, shall provide for the admission of - light from the left, or from the left uud rear of the pupils, and the total light area must bo at least twenty- five per centum of the floor si>ace. ; “4. Every school board shnll provide at least two suitable -and con- venient outhouses or water-closets for each of the schoolhouses under Its control; unless the said schoolhouses have suitable, convenient and sanitary water-closets erected within same, said outhouses or wnter-closett ^ shall be entirely sejm rated, each from the other, and shall lmve sejmrate^V. ) means of access. School boards shall see that said outhouses or water- l closets are kept In a <$ean and wholesome comlltlou.** j , Chap. 187, Mar. n„19<:H. D 728. Washington (1007) : Under Ballinger's *Ann. Codes and Stat., secs. 5078, 5674, providing that nil action may be maintained against n school district for an Injury to plaintiff's rights, arising from Its act or omis- sion, such a district Is liable for the scalding of a child rightfully In at- tendance at school, through the overturning of a large metal bucket of boiling water, which was negligently kept u|Nm a register In the middle * of the schoolroom, wholly unguarded and unprotected; and it. was error to sustain a demurrer to her complaint showing such negligence and her freedom from contributory negligence. — It ed field r. School Dlst. No. 3, Kittitas County, 02 P., 770. 720, Wisconsin: See enactment Vo. 4^2* 780. Wisconsin: Amending sec. 486, Statutes, 1808, authorizing school boards to provide maps, charts, globes, books, supplementary readers, and other equipment for schools. Adding supplementary readers, dictionaries, library catalog cards and card cases, heating and ventilating apparatus, to the list of apparatus board ha g authority to buy. Maximum annual limit of expenditure Increased from $75 to $100. Chap. 30, Apr. 10, 1907. Wisconsin:' Creating sec. 435a, chap. 27, Statutes, 1808, relative' to the duties of school boards In providing and maintaining, suitable outbuild- ings, ^ Requiring separate outhouses for boys and girls. Making provisions as to sanitation, distance, and screening. Providing for tax levy to carry oat provisions. Chap. 232, June 18, 1907. BUILDINGS AND 8ITE8. 126 (d) Buildings and Sites: Prohibition Districts. The enactments' presented under this heading do not, strictly ✓ speaking, belong to the special class of educational legislation. They do, however, present some conclusive evidence of a movt unit, already ’a part of the established policy of many States, for the p. otection of I the educational as well as the broader social interests. I 732. Arizona: Providing for the refusal nnd revocation of any licen*>_for the Kile of Intoxicating liquors. % I*ro<>f that holder of license hns sold, bartered, furnished, or given away Intoxicating liquors to any minor |x*rson, pupil, or student I m any public school, academy, seminary, normal school, university, or other institution of learning among the several* cuuses enumerated for the revocation or refusal of license. Chap. 25, Mar. 12, 1907. 733. Arkansas: Scr enactment \o. * 734. Connecticut: Amending sec. 2647, General Statutes, 1982, concerning the granting of licenses In certain places. Adding clause prohibiting In cities the granting of a license for the wile of spirituous aud intoxicating liquors "within two hundred feet lu a direct line from any church edifice or public or parochial school- house or the premises pertaining thereto. " r Chap. 200, July 11, 1907. D 735. Georgi* <1907) : The fpet that a school formerly taught in a building designated as the center of a 3-mile area in which a local prohibition act became effective is no longer taught In the. original building, but In a new building, a short distance awny. does not Invalidate a conviction under that act of one guilty of selling intoxicating liquor within 3 miles of both the original nnd the subsequent location of the school.— MaSon \\ * State, 58 S. E.. 139; 1 Gn. App., 534. 736; Illinois: Prohibiting the Rale, distribution, or gift .of malt, spirituous, . vinous, or intoxicating liquors near the United States naval training schools or military posts, and providing a penalty for the violation thereof. H. B. 410, ii. 3&tl, May 17, 1007. 737. Louisiana: Prohibiting gambling with cards, dice, aud all manner of banking games, or gambling In any form whatsoever for money or any representative of -money within 5 miles of the Hnynesvllle. High School located at Hayneaville, Claiborne Parish, and fixing penalties for vio- lation. Act No. 33, June 20. 1908. See also the following additional special acts of similar nature: Act No. 34, June 20, 1908. Act *No. 218, July 8, 1908. Act No. 36. June 20, 1908, Act No. 257, July 8, Act No. 58, June 24. 1908. Act No. 273, July 0, 1908. Act No. 123, July 2, 1908. 738. Louisiana: Prohibiting the sale of any spirituous, vinous, malt, or intoxi- cating liquors, or substitutes therefor within 5 miles of Benton High 8chool, located at Benton, in the . Parish of Bossier,* and providing a pen- alty therefor, Act No. 46, June 20, 1006 v See also the following additional special acts of similar nature: ✓ a Act No. 47, June 20, 1908. Act No, 290, July 9, 190& , Act No. 121. July 1, 1908. Act No. 802, July 9, 1006. Act No. 259, July 6 1006 L*. : : W&W" ' " 1 ' ^ 126 STATE .SCHOOL 8Y8TEMS : LEGISLATION, ETC., 1906-8. ; 739. Louisiana: Prohibiting the sale or offering for wile of vinous, malt, or ; * spirituous liquors within a rtldtus of 0 utiles of the State Normal School at Natchitoches, and prescribing itenaltlqs for the violations. * S Act No. 193, July 8, 1908. 740. Minnesota: See rnactmmt So. 1-^20. 740a. Missouri: Prohibiting the grautlng of a license to keep n dramshop within five miles of uny state educational institution which now has enrolled fif- teen hundred <>t* more student^ II. B. 53, p. 257, May 10, 1907. I) 740b. Missouri (1908) : Act May 10. 1907 (I.ftws, 1907, p. 257), providing that “no dramshop license shall hereafter 1 h* granted to any i>erson to keep^e dramshop within five miles of any state educational Institution which now has enrolled fifteen InimlrtM or moiv students.'' was violative of Const. 1875, art. 4, see. 53 I Ann. St. HMHl. p. 1971. prohibiting spuria I or loeal . legislation; It apimrlng that the State University at -foluiplHa was the only state educational Institution which had tin* designated number of students at the time the act went Into effect. — State r. Turner. 107 v^. \\\, 1004. 741. Nevada: Regulating the location, equipment, and niainteniince of hospitals. Prohlhltlng hospitals within 3(X) of public school buildings. Chap. 200, Mar. 29>J‘X)7, * \ 742. Oregon: Prohibiting the locating of aiV saloon or place where liquor. v 1r sold at retail wi t liYii 2 miles of any scheil where tuition, bHlgtng, fepd, and clothing are furnished at the expense of the United States. Chap. 197, Feb. 23. 1907. 743. Rhode Island: Amending sec. 2, chap. 102, General Raws, IS! Mi, as nnterjded by qe<\ 1, elmp. 543, Public Laws. l.SfiS, nml as a mend ml by chap. 1355, Public l*a\vs, 1900, relative to the granting of liquor licenses. Containing provision (p. 20, s) that no license shall be granted for H plat*** of sale within 200 foet of any public or parochial school. : Chap. 15S3. May 22. 1908. 744. South Dakota: Amending sec. 2859. Revised Political Code, 1903, relative to the wile of In toxica Hug liquofs In the proximity of public or private schools. * Changing limits of prohibited districts frbm ** In the same block with, or In any block adjacent to. any public or private school, ’* to “within three hundred (3) feet of the grounds of any public or pri to school." , Chap. 175, Feb. 25, 1907. 745. South Dakota: Forbidding the sale of Intoxicating liquors within One- . third of a mile of any college or academy providing regular classical And scientific courses. 4 Excepting schools and colleges 4 ‘ devoted simply- to Instruction In hustness methods. ” n • Chap. 177, Mar. 7, 1907. 740. Tennessee: Amending chap. 114, acts, 1883, relative to the creation, organization, and i*»wers of municipal coriHiratlons embracing territories* of cities havlug a population of 30,000 and upward according to the federal census of 1880, whose charters have been abolished (charter of the city of Nashville). Prohibiting sale of Intoxicating liquors within 4 miles of any public or * ^ private schoolhouse. Excepting certain described territory, and sales of liquors to wholesale package or quantities. • Chap. 34, Feb. 6, 1907. (July 1, 1907.) D747. Tennessee (1007) : Under Shannon’s Code, sec. 091, declaring the right to sell liquors Is a taxable privilege within* the constitution, and sec. BUILDINGS AND SITES. 127 * a 6705, prohibiting the wile of Intoxicating liquor* within 4 miles of a school house, tfjftl Acts, ^90, p. 309, chap. 101, sec. 1. prohibiting the wale ,of Intoxicating llqimrH without a license, the Ignorance of accused of the intoxicating pfoitertles of liquors sold is no defense, and if he sells he must know nt his i>erll whether it is Intoxicating or not, nnd his belief that It wan not resulting from a gnnrnnty under which he bought the liquor Is no excuse. — Ilaynes t*. State. HO S. W„ 251. # 748. Wisconsin: Creating sec. 500m, prohibiting the building of'a lo^^up or femiMirary place of confinement In villages or cities of t In? third or fourth class within 300 feet -of a public, private, or parochial, school. Chap. 339, June 22, 1907. (e) United States Flag in Schools. The seven emictments in this proup are indicative of the spirit of patriotism and Americanism with whirl/ it is sought to .surround the public scImooL liven a casual observer of the legislative activity with inference to schools can not fail to detecj- this as a species of t ho general variety of efforts to give to the public school as an institution a character of abiding loyalty. . w 749. California: Adding see, KilTa to Political C/xlc. *1900. requiring that the Cnited States Hag shall be hooted on all public seboolhouses and dis- played in each schoolroom. Clmp. 225, Mar. 15, 1907. 750. Indiana: Providing under certain circumstances fur the purchase of United States Hags by school corporation*, and fixing times for the dts- playal f hereof on school buildings; providing a | tenuity for mutilation of flng or appliances. Flags to be purchased from funds prlvutelv donated. Chap. 25* Mar. 12, 1907, 751. Kansas: Providing for 1 ho display of United States flag on pithily schools, jind for Hag exercises and observance of holidays, / ' Chap. 329, Mar. 6, 1907. 752. Maine: Providing schools with flngR. ^ Requiring ‘municipal officers, upon report of the superintendents of schools, to furnish flags to schools not already provided. Chap. 182, Public Lawn, ^ar. 28, l’907. 753. Oregon: Providing for the public display of th. United States flng upon or near each public school building and authorizing the payment of ex- penses In connection therewith. Chap. 37, Yob. 16, 1907. 754. Tennessee: Requiring that the flng of the United States of America be displayed from nil county nnd municipal public schnnlhoufees In counties having a jHtpulatlnn of 70,000 nnd less than OO.tKIO by the federal census of 19VM), or that may have that number of Inhabitant tcjby any subsequent federal census, and providing innialtlos for failure to comply with the pro- visions of the act. Chap. 480, Apr. 15, 1907. 755. Utah: Requiring ONeiy board of education or school trustees to provide each schoolhouse or the grounds thereof with nn American flag, and to cause the said flag to l>e displayed thereon during daylight on legal holi- days, Feb, 12, and M Flag Day " of each year. 128 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1006-6. E. TEACHERS IN ELEMENTARY AND SECONDARY SCHOOLS. 1 (a) Qualifications: General, 756. Kansas: See enactment No. 1/03 . 757. Washington: Amending sec. 141 (Code of Public Instruction), relative to requirements for teachers’ certificates. Raising lower nge limit from 17 years to 18 yenrs. Providing for first grade primary certificates. Sec. 13, chap. 240, Mar. IS, 1007, 758. Wisconsin: Amending sec. 0, chap. 439, Ijitb, 1901, as n mended by chap. 2S5 r Ijiw 8, 1903, and chap. 289, I^aws, 1905, and making said section sec. 49tid, Statutes, 1898, relative to state aid for graded schools. Requiring principals of state graded schools of second class, holding first grade County certificates or stpte certificates, tb have not less than one year’s snccessftil experience; or such principal may hold a second grade county certificate, in which case he must bofre had not less than two years’ successful exiierjence. Chap. 374, June 24, 1007. , (b) Teachers’ examinations and certificates: General. By reason of their volume, and of their many evidences of educa- tional progress, the enactment s^concerning the standards of qualifi- cation for teachers in the public schools represent one of the most interesting phases of the legislative activity of the biennium, espe- cially when considered together with those dealing with normal schools add other institutions set up for the purpose of the profes- sional education and training of teachers. (See Section G, enactments 898 - 946 .) In general it may be snid that the legislation of the current1)ien- nium does not present such notable* illustrations of progress as did that of the biennium 1904 - 190 r >. The tendency to continue the proc- ess of centralizing the right of examination and the powers of certification of teachers in state boards and officers is^bontinued, although not in such a markgd manner as in the previous biennium. The revised school codes of Nevada ( 774 ) and South Dakota ( 780 ) contain evidences of the tendencies of the present day progress. The \establishqient of the state board of examiners in North Carolina ( 777 ), the amended act in Ohio ( 779 ) relative to the granting and revocation of teachets' certificates, the Washington act ( 786 ) creating city boards of examiners, and the amend^ Wyominpw* (788), rela- tive to the st^te board of examiners, may be regarded as the more important enactments of this gronp. 750. Alabama: Re* ealing sec. 16, act No. 895, p. 217, Raws, 1809, ns amended by act No. 810, p. 114, Laws, 1901 (act No. S9S^p. 309, Laws, 1903), rela- tive to a uniform system for examination and licensing of teachers of the public schools. 1 . Removing prohibition that teachers shall not be granted second-grad e certificates afore than twice, ~ Act No. 848, p. 452, Mar. 18, 1907. 12JT TEACHERS IK ELEMENTARY AKD SECQKDAH^^ftHOm^ 7(M*. Aloi)amn: Amending see. 17, act No. .mi, p. 217, Ijiwh, ptfm, ns amended I.y net No. 31.1, p. lit, Ijiwh, 1001, relative to a nnlform system for exit niltint Inn and licensing of teachers of piddle schools. After six years (formerly ten) in leadline tm.ler first-grade eertltl- elites, teachers may he (tea tiled life cert Ulea tea. \ Act No. 301. p. 4NI. July 17. 1007. (See. 17-11, dale. 1007.) 4 7(11. Arizona: Amending par. 223S (sec. IDS, chap. 12. Ht. 1!M, Itevl.sed Stat- utes, tool, relative to teacliera' eert Iflcates. I’rovhhng that ladders of Arizona Normal School or life diplomas ■rtine'd''wm’ 11 '"T* >'«■ --ihw'vwl fron, the re.p.lmnent of umiK himih.ui* with comity Mpterl ntendent . \ s, <^P. (h. Mar. 21. HM>7.' (July 1, W) 7.) Arizona: Amending par. 2144 (sec. 1.1. chap. 2. tit. IP), ltevlscd Statutes, UMil. ivhitiv* to I orriti »rial bonrd of examiners. I'mvalinn hi,- the payment of a fee of $2 for the issuance of oertifl- 'i ,,f ’‘'h 1 ' 1 "ornial selnxd and life diplomas of- other State" I ' Sw ‘. 1-. chap. (17. Mar. 21. 1907. (July 1. 1P07 ) 7r>2. A rj/( (^lfi hn: Rcih^iIK,^ MilHliv. 4. |N»r. 214!) (sec. 20, dmp. 4. tit. no. Revised Stilt M ICS. l!M)t. rma tj ve to duties of county superintendents with resi>ect t<» tenrhers’ cxnmhinfjonH. * Providing f-.r tlV chlli*ciioo of :ui examination fee of $2 from apnll- ratds. s„,HT.i.tcn.lV,tH vh.hiflng rules cst„l>liHl.,Ml for ronduetlng ox a t - or teiichepu «rn o* itAimi _ ti:i t Ions oft metiers, 7tn. Idaho: Amending sec. l\h . s<; lSjfci ns amended hy p. WAljiuk, re diplomas. Itien-asing years. guilty of jifllsdemennor. s,v - 1; | «i7. Mar. 21, 1|M)7. (.Inly 1. hm>7.) tscn*. 1(KM>. Poll flea] Code. 11)01), relative to state eert I flea I oh and term of 705. Indiana: Nee rnnrtmrnt \\Y vii 1 if] !|t .% of state eert Iflcates front five to eight II. It. No. Ill, p. r»(i, i-Vh. 22, RK>7. :!Hi2, relative to the hoard 700. Iowa: .Unending see, 2rsons to conduct examinations. . 2, chop. 4), Apr. 4. 1!K)7. do. Iowa: Amending s»*e. 2(l'U t (‘ode, 181)7, {relative to state eertllieates and diplomas. # V u.slnciim foe for slate eertltl, -ates fn.m *3 to $2. String out clause , on,-,' 1 n lag return of rocs to iippllnints faillnc In examination. «, :t . <‘hap- d, Apr. 4, 1 cmrt-lnmse to transfer tlielr licenses to other counties; and authoriz- ing the granting of a stale license to leaeliers of such comities, exempt from examination, where their examination pniier), have been burned. Chap. 133, Mar. 21, 1908. 71 M, 709. 63470—00 0 STATE SCHOOL 8YSTBM8 1 LEGISLATION, ETC., 1SXX1-8. r?r 130 f * f 771. Mississippi: Amending sec. 4555, Code, 1000. relative to the Issuance of # professional teachers’ licenses. Adding physics to the list of examination subjects. (.’hap. 201, Keb. 14, UK) S. D 772. Misaifislppi '(1008) : Code, 100(1, sec. 4030, provides that school cxmftt- # nations shall ho held on questions prepared by the state suijerintemlruj of education and wait staled to the county superintendent, to Ik? oikmkhI' t»y him in the .presence of the teachers, after they have assembled, and after the seals have been liiKi>ected by the examiners; and stv. 4540 provides that any |K*rson who sells or offers to Hell or give away the examination questions or answers to the same prepaid by the proper authorities for the examination of teachers of public schools, before the date of the examination, shall he guilty of a misdemeanor. Held, that a convletion for offering to sell examination questions under such sections could not h^ sustained where tin* proof did not show that the questions offered for salt* were prepared by the state superintendent of education and sealed and sent to tin* county superintendent of education, as pro* vtded.— Bryant r. State, *10 So., 217. 773, Nebraska: Sn i,i(irtwfnt Vo, UJJb. 774, Nevada: Srr enactment An. 20. I) 7Tf», New York (11)05) : !>nwp, 1001, p, 177*1, chap. 718 (revised amended Urea ter New* York charter. sec, losp). dtslaring that at IlieeiosO of tin* •third year of continuous successful service of a (earner the city suj>cr •fnteiulent mqy make a temiMtrary. llecust* jK'rnmneiit, does not require the superintendent to make a license permanent under such circumstances. - Peoplt* r, ltoim^ of Kducntiun of City of New York, 04 N. Y. S., 01 ; 100 App. !>iv., mi, Under Ijuvh, 1 1 H) 1 . p, 1774, chap, 7 IS (revised amended (Heater New York charter,' s<*c„ luKO), providing that at thfi dose of tin*; third yeur of continuous Minessful service nr a teacher tin* city superintendent may liinjpo a teni|Mu*nry Herns** j>ernmm*nt, the issuance of. a spy the su|H*rlutemh*nt that tin* teacher Is entitled to a periffauent license, --/hh/. D770. New York ( 1005 ) : Ijiws, 1H02, |i. 1 4S5. gimp. ti77, ms*. \ 1 \ (statutory eonstruetlon bnv l, as amended by Paws, 1807. p. 730. chap. 014. sec, 1, declaring that Saturday afternoon shall he deemed a public half holiday “ for all ]uir|K>s 4 *s whatsoever as regards the transaction qf husln’ftss in the public .ollicos of this State or counties of this State.*" does not. as construed by the court of appals, prohibit an otllecr frofti voluntarily I»orfonnlng an ottldal qrt on public holidays, or render such act void or voidable, unless it is such ns to create an unlawful preference under the recording act, or is prohibited by some other statute. OHlhuinecs t’ity of Buffalo, chap. 3, see. 20, provides that all ofhees In alt departments - and bureaus of the city government shall he open for the tradsaYtlon of business on every day, excepting Sundays and holidays, from 8,30 oYloek a. in, until 4,30 o’clock p, m„ ami excepting 90 Saturday, when the same shall he oiH*n from 8.30 o'clock a>m. u^nttl 12 o'clock tn. /Mh1 trails us public iv school teachers. — Cohn r, Townsend. W N.. Y. S„ 817. The courts have no ixiwor to control the exercise of the judgment and discretion reused by law in an executive officer as part of his official functions, and h^nTf? can not control the action of the hoard of school , examiners of a city ns to fixing the day for holding teachers’ examina- tions, or ns to granting special examinations to iiersons observing Satur- day ns a Sqbi>nth,—/6{d. 7Tf. North Carolina: Amending sec. 4102, chap. 8 T>, Kevlsnl, 1005, relative to teachers* certificates. Providing for state certificates and prescribing the conditions therefor. Creating state board of examiners and prescribing composition, compen- * . , • . • • • ' } TEACHERS IN ELEMENTARY AND SECONDARY SCHOOLS. 131 sat ion. ami duties. Providing that teachers holding state certificates Khali be paid nilniimrtp salary of $3<> i>er month. * 4 ' Sec. 11, chap. 835, Mar. 11)07. 778. North Carolina: ^Amending hit. 41(13, chap. 85, jp-visai, P.M15, relative to qualifications of teachers. ' Inserting provision relative to nvogidtlon of state certificates. Siv. 1 j , chap. 8:15, Mar. !>, 1!Ht7. 77b*. Ohio: Keiam ling, and reenacting with amelulinents. secs. 4073 and 4081. Ite\ isml Statutes ( 1 1 H i r» ) , relative to the grant iug and revocation of teaeli- * ers’ certificates, age limit, and hearing on revocation of certificates in comities and in city school districts. Minor modifications of the conditions of renewal of certificates without ' examination. Professional cerlitinijes— i. e.. those issnnl for live or eight years— to be valid In any comity In tin* State; wljen granted by a city board of examiners, in any city in the State. Providing for certificates without fornwl examination, except In theory and practice of teaching and in the science of education, to graduate's of schools for training of teachers and colleges and universities. Providing also feu temporary certificate’s. . * 11. Lt. 45:1, p. 350, May 0, 1008. 780. South Dakota: See cnnchnrnt ,Yo, WO, D7S1. Texas t HMUt > : In proset ut Ion for fraudulently using questions prepared hy the 1 state sn|HTlutomleni of pnhiie* instruction for the examination of teachers for eert ideates, evielence examined. and hi Id insumeieut to sus- tain n cnuvirl ion,— Felder r. State, 07 S. \V., 701 ; Fulsoia r. Same. OS S. \V\, 853. Kviele'iiev held insntllclcnt to sustain a conviction for fraudulently pro- (Miriug ami using quest lops prepared 1>>* tile* suin'rlntendent of jaihlh' Instruction for teachers’ examinations. — Felele*r r. State', 07 S. \V„ Top -V 1 Ibstractiem authorizing a conviction of de'fe'ialant if lie? unlawfully procured and usexl tlm questions prepared hy the sm orlntendent e>f peiblie instruction for teachers* examinations was erroneous for failure tei charge that the questions must have been fraudulently list'd.- -/5t7/. Acts, twenty-ninth legislature, p. IS Hi. chap. 1^4. sen-. 124a,’ making it a pe'iml odense for an applicant for a teacher's certltlcate. prior to examfim- ' ti°n. h* pre K’ u re* or * fraudulent I, v use* the questions previously prepared b\ Uie slide supe*rinte*neh‘nt to be* used in tin* examinations, is not In- valid iHH-ause U does not elimlnute 111 terms eemuty supe*rlntenel(*uts of public instruct ion and hoards of examiners from leaving ami using the quest ions prepared hy the su|»erftpeudent e>f pulilie fust rnct ion.— Felder v State, 07 S. W\. 701. ^ ^ I) 782. Texas (1000) : Acts, twenty-ninth legislature, p. 200, chap. 124, see. 124a, making it a penal offense fe*r an applicant ferson who Iihh taught in the public schools five hundred weeks; or to a person who is n graduate of an approve^ college aqd who has devoted at least eight years to teaching 5 182 STATE SCHOOL* SYBTEMS : LEGISLATION, ETC., 1906-8. In or superintending public schools In the State; also to ^person who has taught in the public schools of the State for two hunlred weeks, and has Held certificates of the first grade for ten years, or certifi- cates of the first and second grades for twelve years, or certificates of the second or third grade, or their equivalents, for fourteen yeara, pro. vlded that In no case special certificates are Included.*’ Act No. 47, Nov. 9, 1900. 784. Washington: Amending sec. 2407, Annotated Codes and Statutes, IROf, relative to the classification and Issuance of teachers' certificates. Providing for permanent certificates under sj>eeifled conditions to holders of certain certificates. Providing also for the Issuance of teun I>oniry certificates by the sui>erinteiident$ of schools of certain cities. Chap. 58. Mar. 4, 1907. 785. Washington: Providing for the holding of state certificates and l)fe diplomas. Chap. 81, Mar. 7, 1907, 7S6. Washington: Relative to the certification of teachers lu cities employing 400 or more teachers In the public schools thereof. Creating a City board. of examiners, prescribing their powers and duties, and the conditions for granting the several grades of certificates. Chap. 239. Mar. 18, 1907. 787. Washington: Amending sec, 139 (Code of Public Instruction), relative to the Issuance of state cortlflcates without examination. Sec. 12, chap. 240, Mar. IS, 1907. 788*. Wyoming: Amending ami reenacting sec. 029, Revised Statutes, 1899, as uruendNl by sec. 3, chap. 90, Laws, 1903, relative to a Ktato board of examiners. Repealing sec. G31, Revised Statutes. 1899, as amended by sec. 4, chap. 57, Laws, 1901, relating to the examination of teachers. Providing for the Issuing of teachers', certificates by state superintend- ent of public Instruction: also for the compensation of the members of the state board of examiners. Providing that state Iwxml of Examiners shall recommend annually list of hooka for the state reading clrcle.for teachers and list of books suitable for general reading by pupils. * Repealed sections relate to conduct of teachers' examinations and the Issuing of certificates by county superintendent. Chap. 65, Feb. 16, 1907. (c) Teachers’ examinations and certificates: Special. Aside from the two Wisconsin amendment^ (795) and (796)', the enactments of this group contain nothing of large interest 4 789. Kansas: Authorizing county superintendents to Issue temporary teachers' certificates. Certificates to be valid until next quarterly examination. Chap. 342, Mar. 7, 1907. 790. Vermont: Amending sec. l.act No, 88, Acts, 1904, relative to the issuance v of special tachers' certificates. ^ Seg 1, act No. 43, Dec, 18, 1906. (Apr. 1, 1907.) 79L Vermont: Amending sec. 1, act No. 24, Acts, 1808, all amended by sec. 1, act No. 26, Acta, 1900, relative to the issuance of special certificates to kindergarten and primary teachers. . Sec. 2, act No. 48, Dec. 18,. 1906. (Apr. 1, 1907.) 792. 793. 794. 705. 796. ^TEACHEB8 IN ELEMENTABY AND SECONDARY 8CHOOLB/ 138 v/rmont: Amending eec. 662, chap. 36. Statutes, 1894, as amended by ^/sec. 3, act No. 20, Acts, 1808, and by sec. 8. act No*, 25. Acts, 1902, and "by sec. 1. act No. 35, Acts. 1904, relative to discretionary permits to teach* Giving discretionary power to county examiner In the Issuance of per- mits to teach based upon examinations by town superintendents. Act Np. 48, Nov. 7, 1906. Washington: Amending aec. 51, chap. 118, I^iws, 1897 (Code of Public Instruction), relative to qualification of teachers. Providing for recognition of temporary certificates granted bv certain city superintendents. ""'* " Sec- 0, chap. 240, Mar. 18f 1907. Washington: Amending sec. 137 (Code of Public Instruction), relative to teachers* diploma b nnd certificates. ' Providing for the issuance of temporary certificates by superintendents of city schools i/n certain Instances. * , Sec. 11, chap. 240, Mar. 18, 1907. Wisconsin: Amending sec. 458g, Statutes. 1898. and soc. 1, chap. 09, Laws, 1903, and making the wild sec. 458q. Statutes, 1898, relative to legal quali- fications of kindergarten teachers* Giving diplomas from normal kindergarten training schools valne as certificates to teach In the first three years of the primary grades Con- struing “ primary grade’* as in sec. 1, chap. 24S, Ijuvs. 1905. ’ ^ Chap. 317, June 21, 1907. Wisconsin: Repealing, and reenacting with amendments, secs. 458a. 458b, 45Sd. 45Sg, and 458h, Statutes, 1898. as umended by chap. 171. I*aws ( 1901, and sec. 1. chap. 04. Laws. 1903, relative to the granting of state teachers* certificates and licenses by the state superintendent of public instruction. Providing for two years’ successful teaching experience within the State as a condition for . the Issuance of unlimited state certificates to holders of state certificates granted in other SUttes : providing also for special temporary licenses in such cases. Providing for^iovMises and state certificates after one year of successful experience to graduates of kindergarten training, or manual training, and of domestic-science courses of normal schools, to graduates of the full and elementary courses of the state normal schools, and to graduates of the University of Wisconsin. University nnd normal-school diplomas no longer to be countersigned by state superintendent. Chap. 570, July 12,-1907. (d) Teachers* certificates: Validity; indorsement; registration; ^revocation. The enactment in Iowa (798) relative to the yalidatjon of teachers’ certificates issued in other States is of interest in connection with the developing movement for increased reciprocity and a juster comity between States in the maiter of the certification of teachers. The step taken by North Dakota (802), for the very evident protection^ school boards from teachers willfully violating contracts, reflects in a *> striking way both ethical and economic circumstances. Thi/ enact- ment is similar in intent to those of Oklahoma and Oregon in 1905. The decision in the case of Stone v. Fritts, in Indiana (D’797), may be regarded as one of the mosf interesting of the recent interpreta- tions of the legal aspects of the issuance and revocation of teachers’ certificates., . STATE SCHOOL SYSTEMS : LEGISLATION ETC., 1900-8. D797. Indiana (1907) : “The statute authorizing the granting of a license to teach in a public school may provide for its revocation under designated contingencies.— Stone v. Britts, 82 N. E., 792. Burns’s Ann. Stat., 1901, sec 5905f, authorizing the county superin- tendent of schools to revoke teachers’ licenses, held to Justify the superin- tendent to revoke only for the statutory causes, and if he act* on other grounds, equity may interdfcne. — Ibid. The utmost the holder of u teacher’s license may ask. as to proceedings ■ to revoke the license, is that they shall conform to th^lqjl authorizing revocation.— Ibid. * /X. Where a county superintendent has Jurisdiction of a proceeding to revdkfi a teacher’s license, his bias and want of Judicial capacity are not grounds for interference by the courts. — Ibid. 798*. Iowa: Empowering the board of educational examiners to validate teachers’ certificates issued in other States. Requirements for such certificates must be equal to requirements iin- ♦ posed within the State. Chap. 149, Feb. 23, 1907. 799. * Michigan: Amending sec. 15, act No. 134, Acts, 1889 (sec. 1820, Compiled Laws, 1897), relative to life certificates to teach. Minor provision- concerning indorsement of certificates from otl^r * Act No. 125, June 5, 1907. 800. Michigan: Amending sec. 7, act No. 147, Acts. 1891 (sec. 4814, Compiled laws, 1897), relative to the suspension and revocation of teachers’ cer- tificates. - Providing for procedure in revoking certificates' by board of sehtxd examiners and for temporary suspension of certificate by county com- missioner of schools. Providing also for apjjeal to probate court. ^ ^ Sec. 1, act No. 127, June 0, 1907. 801. Montana: Amending sec. 1520, Political Code. 1895, relative to the revoca- tion of state and life diplomas by the state superinteudentyof public Instruction. Profe4$n* for revocation for any cause that would require tfie state board of education to refuse to grant It if known at time diploma was granted. Providing for the issuance of temporary state certificates by state superintendent Chap. 9, Feb. 8, 1907. 902. North Dakolk: Amending sec. 872, Revised Codes, 1905, relative to ex- aminations and certificates of teacher*. Providing for revoqitlon of certificate of teacher- willfully violating contract with school board. Chap. 104, Mar. 12, 1907. 808. Oklahoma: Relative to teachers' certificate Designating conditions of validity, Indorsement, and revocation. Chap. TT..H. B. 46, p. 668, Mar. 20, 1998. 894. Vermotft: Amending sec. 4, act No. Sfc Acts, 1902, relative to special teachers’ certificates. Authorizing issuance by examiner of teacher* of special third Instead of special second grade .certificates to holders of certificates from other " States. Adding provision that a “second special third grade certificate •hall not bejssued until the applicant has received another first or second gifede certificate issued on examination.” Sec. % act No. 44, Nov. 8; 1906. ■ Sm * accent derisions, M at the does of this bulletin, for complete text of derision. re/.- - . * . _ ^ . ■ TEACHERS IN ELEMENTARY AND SECONDARY SCHOOLS. 185 805. Vermont: Amending see. 667, Statutes, 1894, as amended by sec. 5, act No. 25, Acts, 1902, relative to the continuance of teachers* certificates^. <■* Sec. 1, act No. 47, Nov. 9, 1906, 800. Washington: Amending secs. 144 and 145 (Code of Public Instruction), relative to renewal of teachers’ certificates. * Sees. 14 and 15, chap. 240, Mar. 18. 1907. 807, Wisconsin: Amending sec. 450*-, Statutes, 1898, as created by sec. 2, 'chap 439, Laws, 1901, relative to examinations un£ to transfer and re- newal of teachers’ certificates. , Chap. 4^5, June 27, 1907. * (July 1, 1907.) (e) Teachers* certificates; recognition of normal school and college or , university diplomas. The enactments giving certification values to normal school and college or university diplomas are ih accord with well-established educational practice. The enactments in Iowa (8^), Kansas (8K))* Louisiana (818), Maryland (819), Xebrask^^I), Ohio (822), Texas (823),jind West Virginia (826-828) are representative. The action taken by the State. of Illinois, (810-813), granting to the normal schools of the State the right to confer degrees, is not without great significance to all those who discern possible grounds of controversy between normal schools and universities in the matter of the training of teachers, especially for secondary schools., 808. Arkansas: See enactment Xo. eriehoe of twenty- seven months. + i * H. II. No, 202, p. 255. Mar. j\% 1907. 810*. Illinois: Amending sec. 0, p. 299. Acts, 1857, providlnjyfor/be establish- ment ami malurennnce of n normal university. . / Adding provision enqMiwering the* board of education, upon recom- mendation ot the faculty, to issue diplomas and confer professional degrees. # * 8, B. 300, p. 527, June 1, 1907; 811*. Illinois: Amending sec. 12, p. 63, Acts, 1805, relative to the establish- ment and maintenance of the Easteni Illinois Stale Nbrtnal School. - Adding provision empowering board of trustees/ op tte recommendation of the faculty, to Issue diplomas and confer professional degrees. And the said board shall have the further |M>wer, on recommen- dation of the faculty of sAld Eastern Illinois State Nonna School, to issue diplomas to surh persons as shall have satisfactorily com- pleted the required studies, and to confer such professional degrees as are usually conferred by other Institutions of 'like character for ** similar or equivalent courses of study. 1 *. * 8. B. 452, p. 522, June 1, 1907. 812\ Illinois: Amending sec. *2, p. 71, Acts, 1896, relative to the establlsh- ' ™ent and maintenance of the Northern Illinois State Normal School. Adding provision empowering board of trustees, on the recommenda- tion of the faculty, to Issue diplomas and confer professional degrees. * S. B, 464, pw 68 4, June 1, 1907. 186 8TATB SCHOOL 8Y8TEM8 : LEGISLATION, ETC., 1908—8. 813. Illinois: Amending sec. 12, Acts, 1800, relative to the establishment and maintenance of the Southern Illinois Normal University. -^Mng provisions empowering board of trustees, upon m'oinmendntlon t .of ^■faculty, to issue diplomas and confer professional decrees. S. B. 455. p. 527, June 1, 3fK>7. D814, Indiana (1908) ; An act approved' March 7, 1905 (Acts, 1905. p. 402, sec. 1 : Bums’ Ann. Stat., 1905, sec. 5iK»2aJ, provides that no person shall be eligible to tl . cilice of county superintendent of schools unless he shall hold a thirty-six months’ license, a sixty months* license, or a life or professional license to teach In the* common schools of the State. The * c aet concerning common schools, approved March fi, 1809 (Acts. 1899, p. 488, chap. 214, sec. 1; Burns’ Ann. Stat.. 1JM)1. sec. 5‘X)5b) ( provides for the issuance of a thirty-six months’ license and a sixty months' license ,by the state superintendent of public Instruction. The act of 1899 (Acts, 1899, p. 243, chap. 143, sec. 7; Burns* Ann. St.. 1901. boc. 5905ft ) provides for the issuance of u professional license on such examlnntlon held by the county superintendent as may be prescribed by the state board of education, and that such license shnii Issue only on the approval of the state* board. The school law^of 1865 (Acts, 1805, p. 34, chap. 1 sec. 155; Bums’ Ann. Stat., 1901, sec. 5851 ) provides for the issuance 1 of state certificates of qualification by the state board of education, which shall entitle the holders to tea c^ In any of the schools of the State without further examination and, be wild during the lifetime of the .holders. The act approved March 5, 1$73 (Acts,. 1873, p. 199, clmp. 86, sec. 3; Bums’ Ann. Stat., 1901, sec, 0049). in amendment of and supple- mental to the original act creating the Stnto Normul School, authorizes the board of trustees to grant certificates of profielency # to teachers com- pleting the prescribed courses of study, and provides that two years after graduation, satisfactory evidence of professional ability to Instruct having been received, such teachers shall be entitled to diplomas appro- priate to such professional degrees as the trustees shall confer on them, which diplomap shall be considered sufficient evidence of qualification to teach in any of the schools of “e State, field , that a i>ost-gmdimtc dlplcrtna, granted pursuant to the acfenpproved March 5. 1878 (Acts, 1873. p. 199, chap. 86; Bums’ Ann. Stan, 1901, «eo. 0049), to a graduate of the State Normal School of two years’ standing, was not a life license within the act approved March 7, 1905 (Acta, 1905, 492. chap. 163, sec. 1; Bums’ Ann. Stat., 1905, sec. 5902a).— Benhum v. Rradt, .84 N. E., 1084. 815. Io^a: Empowering state board of educational examiners to issue state ^brtificates to graduates of higher institutions of learning, V Ceftlfi'cates to be issued upon evidence of fitness required by sec. 2629. CVXie Supplement, 1902; valid for five years; renewal (Additional to chap. 2, tit. 13, Code, r897, and chap. 122, Laws, 1906. » 1 ’ ■ Chap. 148, Apr. 13, 1907. 816. Kansas: Relative to qualifications of teachers In common. school districts employing ten or mor<* teachers. Providing for examining committee And prescribing qualifications of teachers. * 4 And no person except one who holds a diploma or a certlfl cate froib the state board of educate* or a diploma Jroju the state normal school sbdll be elected by sac&'[#te£Het] board ns n teacher who can not produce a certificate ,from the examining committee, and setting forth that such person is competent to fetch txnsuch deportment of said N school as may be stated In theS^rtiflcafe u6 is a person of good moral character; and provided, that a‘peraoa>hOlotnc such state diploma, state certificate or state normal shbosl certificate or a certificate grunted by the aforesaid examining committee shat! not* be required to take any > county teachers' examinations.” ' - Chap. 340, Mar. 9, 1907. 817. Louisiana: Fixing the status of diplomas and degrees granted by, the Louisiana State University and Agricultural and Mechanical College. ^Entitling holders to same rights, immunltietii, and privileges in the < State as holders of diplomas and degrees of any other institution of « learning whatsoever. Act No. 98, July 1, 1908. TEACHERS IN ELEMENTARY AND SECONDABY SCHOOLS. 137 818. Louisiana: Amending and reenacting sec. 59. ac^No. 2l4, Aqts, 1902, as amended by act Np. 133, Acts, 1900, relative to the recognition of certain diplomas ns teachers’ certificates. , , ,# Providing for recognition of diplomas of Teachers’ College, Tulane University, and of teachers’ training departments having an approved curriculum. ^ Act No. 174- July 3, 1908. 819V Maryland: Addlnf sec. 122E, Public General Laws, 1904. relative to the granting of teachers’ certificates to hold?™ of dlplomas/rom approved colleges ntid universities. Chap. Op%,p. 228, Apr. 0. 1908. (Aug. 1. 1908.) .820. Michigan: Amending sec. 1, No. 120, Acts, 1S93 (sec. 4S05,- Compiled Ijiws, 1897), relutive to granting of teachers’ certificates. Empowering state board of education to grant' teachers' certificates (formerly ’’shall grant ”) wittfut examination to holders of barber lorn, masters’* or doctors’, degrees from four-year colleges in State. I rescribing. In addition to tilt* previous requirement of instruction In science and art of teaching, that such students "shall have hffd oppor- tunity for observation of the actual work done In the grades of and high schools of public schools.” Anniilment of certificate by Btate board of education only for cause after a j>ersona1 hearing of the case. * Act No. 112, May 28. 1907, • 82T* Nebraska: Regaling and reenacting with amendments secs. 11141, 11142, 11143, 11144. and 11145, and regaling sec. 11144? chap. 51, Cobbey’s v Annotated Statutes, 1903, relative to state teachers’ certificates. Providing that colleges or universities In the State shall from rear to year maintain entrance requirements, degree requirements, and pro- fessional study requirements equivalent to those of the University of Nebraska before graduates shall be entitled to receive certificates to teach. State superintendent of public Instruction to satisfy himself T>y i personal Inspection or by personal I u si >ectlon of^the state board of examiners for life certificates that wild requirements have been ma la- ta imnl. Providing for signing of certificates hj- nuthorltles of institutions. All such certificates subject to the provisions for lading prescribed in sec 11114c, Oobbey's Supplement. 1905. Making similar provisions^ for the recognition of the graduates of colleges, universities, and no'rmnl schools maintaining courses equlva- „ ,ent to courses given In state normal schools. Provisions concern- ing Inspection, entrance requirements, and so on. , Prescribing sundry other conditions for Institutions designated. Chap. 123, Apr. 8. 1907. 822. Ohio:* Arc enactment No. 77 0. . . 823. Texas: Validating the diploma of the “Texas Industrial Institute and College for the Education of White Girls of the State of Texas lu the Arts and Sciences,’’ as a first grade state teacher’s certificate; providing for the validation or exls^sloa of such diploma ns a iwnimnent stat«* teacher's certificate; and authorizing school trustees to employ the hold- ers of Huch'dlplomas as teachers, and to pay them from the state, county, ami local fund A * Chap. 08, Apr. 5, 1907, 8—4. ttsh. Amending sec. 3, chap, 71, Laws 1905, relative to the issuance of teachers’ temporary certificates by the state board of education. Permitting board to grant certificates valid for two years, without examination, to graduates of normal training schools of high standard. Chap. 42, Mar. 14, 1907. 825, Washington; See enactment No. lit. 188 STATE SCHOOL 6YSTEHB : LEG I; [klA^IO * 826. 827. 828. * West Virgin!*: Amending and reenacting sec. 85. chap. 45, Code, 1900, relative to the, West Virginia University and the value of a diploma Issued from said institution. Giving to such diploma a value equivalent to a first-grade certificate for a jwrlod of five years. “Provided, that the person obtaining such diploma $bnli have completed not fewer than six courses in the depart- ment of education of said Institution." / Chap(24, Feb. 11, 1908. West Virginia: Amending and reenacting sec. 5*. chap: 45, Code, 1906, relating to the state normal school nud Its branches and the value of n diploma Issued therefrom. Diploma to be equivalent to first-grade certificate for a period of five years; graduates of branch normal schools to have same rights and privileges as graduates of Marshall College (West Virginia State Normal School ) . \ > Chap. 24, Feb. 14, 1908. West Virginia: Amending and reenacting subsec. 11, sec. 98b, chap.^i, Code, 1900, relative to the West Virginia colored institute. Providing for diplomas for pupilR eohipletlng course of study In the normal department. Diploma equivalent to first-grade certificate in duplicate for a period of five years. Chap. 25, Feb, 25, 1908 erforin duties of district truHtw^s whenever latter fail to act. Sec. 2. uct No. 358, p. 478. July 17, 1907. (Sec. 1099. Code, 1907.) D831. Alabama (1900) : As .sec. 10 of the act (l^iws, 1903. p. 292) makes It the duty of the district trustees to employ teachers subject to the approval of the comity board, sec. 11 does not deprive the trustees of the right to employ a teacher subject to such approval, nor authoiize the board to em- ploy one.— Gibson r. Mabrey, 40 So., 297. * D832. California (1904): Under Stat., 1907. p. 621, chap. 15. art. 9, sec. 5, authorizing the hoard of education of a city to empioy, i>ay. and dismiss teachers, and sen?. 14, p. 624. of said article, providing that teachers elected to permanent jHtsitlons, who are rei>orted U]>ort favorably by a majority of the committee on oiassificntlon, shall retain their posi- tions for the eusuing year without reelection, and shall be removed only for cause; the board of education has the right to remove any teachers, including those elected to permanent positions, at will, except such teachers holding i>ernmncnt inanitions as have been favorably re- I>orted upon by the committee on classification.— Stockton v. Board of Education. of City of Sun Jose, 78 P., 730; 145 Cal., 246. Nor does the further provision of sec. 5 of said art.lcle and net to the effect that no election of. a teacher shall be construed as n contract, either hr to the duration of time or amount of wages, glv * the teacher any great right or security from removal, but the object of such pro- vision Ith) protect the c!ty*n gainst n claim that n teacher Is entitled to serveWr any particular time or at uny particular compensation. — Ibid. Under St at., 1897, pp. 621. 624, chap. 15. art 9. secs. 5 and 14, empower- ing the board of education of a city to diftmlss teachers, but providing that teachers elected to i>ernmnent (Hisltlons and reported upon favorably by a majority of the committee on class! fion t Ion shall be removed only for cause, any Irregularity In the proceedings of the clossiacntlon com- mittee can not avail a teacher who has not beer favorably reported by that committee,’ lu proceedings to jpegaln her i>ositlon. — -ibid. D833. r ’'' , *fornla (1905) : Under Pol. Code, secs. 17pl, 1793, and the charter of Ban Francisco, the board of education tuny Investigate charges and remove a teacher thereon, although such charges are not preferred by the superintendent— McKenzie r. Board of Education of City and County of Sau Ftfenclsco, 82 P., 392. I D834. California (1907) : Where school trustees In their Individual capacity agree .with one to employ him ns n teacher aud afterwards In regular ses- sion As a board repudiate or disregard the agreement, such person Is without redress, since the Agreement was void, as against public policy.— McGinn v. Willey, 91 P., 423. D 835. Illinois (1906) : A contract between the board of education of a school district, authorized by 8 Prlv. Laws, 1867, p. 821, to manage and control the common schools and employ and discharge teachers, and fix their salaries, and the state board of education* whereby the State Normal w i! Ji : ! i ' Ilf \h\ |: 1- 1 i 140 STATE 8Ch60L SYSTEMS: LEGISLATION, ETC., 1906-8. University Is permitted to furnish teachers not having the uaual legal qualifications for certain classes, and critic teachers are to be employed by the state board and public school board acting concurrently, who are paid In part by the school district, Is void— Limlhind t\ Hoard of Educa- tion of Normal School Dist., 77 N. E., 450; 221 III., 201, reversing judg- ment (1905), 122 HI. App., 617. * D 830^ Indiana (1901) : Rums’ Ann. Stat., 1901, sec. 5989a, provides that nil contracts with school-teachers shall be in writing, and that no action shall be l>rbugtat on any contract not made in conformity with the act. Held that, where services were rendered by a school-teacher under an oral employment, he could not recover therefor on n quantum meruit, not- withstanding t!ie services were necessary, acceptable, and beneficial to the school corporation.— Lee r. York School Tp. of Elkhart County 71 N. R., 956. V D 83^. Indiana ( 1904) : The provision of Rums’ Ami. Stat^iO ( Acts Gen. Assem. 1 890. p. 17ft, chap. Ill), requiring all tom run « ior the employment Of scliool-tenchers to la* in writing and signed by both parties, is mandatory.— Taylor r. School Town of Petersburg, 72 N. E., 1901, sec. 5989a contracts for af ’ i k. 838. Louisiana: Amending and reenacting sec. 74, act No. 81, Acts, 188S, rel- ative to free public schools In the city of New Orleans. Teachers and principals now or hereafter employed to lye considered [lermnneut employees and removable only for cause: "Provided, That the marriage of a ^female teacher at any time shali ip no facto vacate her position.** Act No. 106, July 2, 1903. D830V Maryland (1900) : Code Pub. Gen. Laws, 1904, art. 77, sec. ^authorizes the board of school trustees to remove teachers at their election after notice In writing, giving, when required by tile teacher so notified, the reasons for dismissal. Held, that letters notifying a teacher that the trustees believed It for the best interests of the school that her services be diseased with did disclose the reasons foe her dismissal ami wen* Insufficient. — I nderwood t\ Hoard of County School Commissioners of Prince Tfeorge County, 63 A., 221 ; 103 Md., 181. 840. Massachusetts: Amending sec. 1, chap. 399, Acts, 190(1, relatlvl# to the registration of teachers with the state board of education. Removing requirement for payment of fee of two dollars. Chap. 213, Mar. 10, 1907. 841. Michigan: Providing for the establishment In the office of the sui>eriu- tendent of public Instruction of a bureau of Information for the benefit of school officers, superintendents, and teachers. Providing ttint teachers desiring employment may register in the bureau of Information. Fee, $1. Information bureau to he free to school officer#, superintendents, and touchers. Recommendation of teacher not obligatory. Act No. 251. June 27, 1907. D842. Michigan (1906): A provision In a contract hetween « school district * and n teacher, authorizing the teacher’s dismissal at any time on thirty days’ notice, was not beyond jxiwer of the district.— Dees v. Hoard of Education of City of Detroit. 109 N. W., 39; 146 Mich., 64; 13 Detroit Leg. N., 696, * 643*. Missouri: Amending sec. 0864, art. 2, chlip. 154, Revised Statutes, 1899, relative to city, town, and village^ schools. Providing that the board of directors of a city, town, or village school district by M unanimous vote may elect a principal or a superintendent for a term of two years, providing such principal or superintendent has previously been annually elected to said position and has served in said capacity for at least two successive years.’* 8 B. No. 164, p. 427, Mar.J TEACHEBS: EMPLOYMENT, Bit. 141 844. New Jersey: See yiactmcnt No. 3 44 . I)H4r>. New York (1900); The board of education of the city of New York may disi tense with the services of a teacher or miv of Uh clerical force ? If they are iiimwi'wiry. wltlu-jt the preferment <*f charges against the incumbent and without losing n renolutiou formally abolishing the position. — People c, Hoard 01 Education of City of Now York 9ft N Y S 737; 114 App. Dlv., 1. * ’"'*** ** % 1)840. New Y'ork ( 190(1) ; T T mier Greater New’ York charter, Haws 1901, d. 4K3, chap. 400, wh*. 1101, providing tlmh-all school officers or other em- ployees npitolntod by the board of ed neat ion Ik* fore the act took effect should continue to 1. -Ul their resjavtlve positions, etc., subjivt to clmfige of title, etc., and snliject to the right of the hoard of education to ahollsh uimecessary |K)sltlons, the hoard* lias power, If a (malt Inn becomes unnecesHiiry, either to ultollsh it or to transfer the hicuniltent to some other iNmitlon In the dejiartment ; and hence the board had | tower after creating the (Ktsitlon of additional auditor, to remove mi npixdntee thereto and transfer him to another dei>artment at a redact'd salary ns fixed by the board of estinmte and apportionment.— Pwple r. Hoard of Educa- tion of City of Ncjtv York, 99 N. Y. S„ 7ffr ; 114 App. l)iv„ 1. I). 847. New York (1900) : The by-laws of the hoard of education of the city -of Ne^ *ork provided that the marriage of a female teacher vacated her posit unhand that she could t>e removal therefor. The attention of a teacher who had recently been married was called to this regulation by tin' principal of the school In which she was teaching, and also bv the district sipxTintendent. Uiton their assurance that It would be necessary for her to do so, she resigned. Held, that such resignation was not obtained by fraud or duress, though the regulation hi question was snb- soquently held, by ‘the court of appals Illegal and void.— Urendon v Honrd of Education of City of New York, 100 N. Y. 8., 253; 314 Ann Dlv ’ 739. 1 1 * D848. New Y'ork (1907) ; The board of education of the city ^of New Y’ork may dlsj tense with tile ser\ ices of a teacher or anv of its clerical force f 1 1: \y are unnecessary, without the preferment of charges against the Incumbent and without passing a resolution forma II v abolishing the nosl- tiwn Order (HMHi) Oil N Y. 8., 737; 114 App. Dlv. 1, aiflrmed.— People f. Hoard of Education of (Mty of New York, SO n. K., 111(1; 1K7 N. Y T 535 DS49. New York (1907); The board of education of the city of New Y'orlu* appointed a teacher to the i«»sition of teacher in an evening school The notice of appointment merely fixed the time of service. The teacher accepted thenp|>oIntment. NcUl, that both parties entered Into the con- tract with knowledge of the lowers of the hoard, and the teacher could not complain of the board reducing her comiMMiRatlon In the manner pre- scribed by its by-laws.— Morris r. Hoard of Education of City of New • York, 394 N. Y. 8., 949; 54 Mlsc. Hep.. (105. A teacher lu an evening school Is not a public officer, rfbr 1 b he within Tjiws, 1900, p. 1005. chap. 751. fixing the minimum salary of a day school- teacher ; hut he Is employed to |>erform services for such eomixmsntlon as Is fix ixl In the contract, and In the absence-of any agreement as to com- pensation, he can only recover what Ida fcorvlees are reasonably worth — Ibid. 8G0. North Carolina: Amending sec. 4101. chap. *85, Uevlsal, 1905 relative to the employment and dismissal of teachers. Providing that school committee shall not dismiss teachers without hearing. Sec. ^ C linp. #35. Mar. ^ 190^ 851 North Dakota: Xn lending sec. 879, Revised Codes, 1905, relative to the opening and closing of school. Requiring teachers to exhibit certificates to clerk of the district school board prior to receiving solaryi for the first month. Sec. 7, chap. 05, Mar. 19, 1907. 0852. Ohio (1004) : Under Rev. 8tat., nee. 4017, a board of education can not . lawfully employ a teacher for a term which would expire after the term -f ^ 142 STATE SCHOOL -SYSTEMS LEGISLATION, ETC., 1906-6. of office of every member of the I ward employing him hnd expired by law. — Board of ^Education of Cnntoti r. Wnjker, 72 N. E. f 80S; 71 Olilg St. f 1(59. 4 . 853. Virginia: Ue] wiling woo. 1500. Code. 1901, relative to empl9^ and of West Virginia (5-1), and the new minimum salary schedules of Maryland (S58) and North Carolina (777). will l>e noted as posi- tive evidences of the current trend of this matter. It harf been thought advisable to present in full the several minimum salary 1 V 1 ens- ures of Indiana in order to displaylthe envelopment of the idea in that State. The provision of the revised school code of New Mexico (85!)) fixing a mn>rhmnn salary for teachers presents a new aspect of the/ matter of compensation as it seems to have developed in some quar- ters. Undoubtedly this provision was rendered necessary by some peculiar load situation. 854. Arizona: Amending par. 2240 (see. J10, clmp. 12, tit. 19), Revised Statutes, 1901, relative to paymonf of teachers’ salaries, Providing that only ladders of legal certificates or diplomas In force for the full term for which payment is demanded shall he entitled to the saino. Count v su]K’rlntemlent made liable for illegal warrants. Sex'. 4, Chap. (17, Mar. 21, 1907. (July 1, 1907.) 855*. California: Amending see, 1022, Political Code, 1900, relative to use of state and county school moneys for the payment of teachers salaries. Kxtemilng application of section to city hoards of education; providing thnt 40 t>er c^nt only nt comity school money shall he umxl for pur|M>se* specified and all of stale school money mid at least *10 per cent of county school money shall he applied exclusively for the [myment of teachers’ salaries In primary Jiud grammar schools. Chap. 80, Mar. 5, 1907. 856. Delaware: See enactment \o. (1/5, 807*. Indiana: Classifying and regulating the minimum wages of teachers la the public schools. 44 Section 1. He it enacted *• * * That the daily wages of tenchers for teaching in the public schools of the tftnte shall not l>e tejw, In ease of beglunltig teachers, than an amount determined by multiplying 21 cents by the general hreroge given such tender In his highest grade of license at the time of contracting. For tenchers having hnd a successful experience for one school yenr of not less than six months, the dally wages shall not be less than an amount determined by multiplying 3 cents by the general average given such teacher on his highest grade of license TEACHERS: EMPLOYMENT, ETC. 143 at the time of contracting. For teachers having had a successful ex- imrleuee for three or more school years of not 1 <>hh than six months each, the dally wages slinll not l>e less than an amount determined by nml- tl plying 3$ >eu ts by the general average given such ten el tor on*h!s highest grade of license at 1 1 it* time of contracting. All teachers now exempt or hereaftei exempt from examination shall be paid, as dally wages for teaching In the public schools, not less than an amount' determined hv - multiplying ,T rents by the general average of scholarship and success given such teacher: /Vondrrf. That tin* grade of scliola rshlp accounted <’ as<> 1,0 that given at the teacher’s last examination, and that t lie grade of success accounted be that of the teacher’s term last pre- ceiling the date of contracting 1 : Amt. /worn/ an/, further. That 2 j>er cent shall be added to the teacher’s general average of sclmhi rshlp ami suecess for attending the, county institute tie* full tuhnher of days, ami that said i.**I>er cent shall Ijb added to the average schnUirHhlp of beginning teachers. "S'c. 2. The. •qualifications required fnrf teaching for th* different classes sliall bo as follows; I ” ( a ) A teacher without eximrience: Shall bo a graduate of a high srhool or its^ equivalent. Shall have had not less than one term rtf twelve wt*eks* work in u school imdntalnlng a professional course for the training of teachers. Sim II •have not less than a twelve months’ license. ” (h) A teacher with one school year’s experience: Shall he a graduate of a high school or its equivalent. Shall have had not less than two terms or twenty-four weeks* work In a school niprtntalnlng a professional ruurso for the training of teachers or the equivalent of such work. Shall have not less than a two years’ license. Shall hftvo a success gnule. (r) A teacher with Mine or more years* successful exi>erh*ueo: Shall he a graduate of a high school or its (Mpiivalent. Shall be a griidimte fuau a school maintaining a professional course for the training of teachers, or its equivalent. Shall have a throe years* license or Its y' equivalent. Shall have a success grade. " /‘rorif/erf. Tliat^ for teachers already In the service, successful ex- perience in teaching slin 11 he accepted as an equivalent for high school and professiotnH training, as mpilml by nil the above classifications. ** Skc. :i. If any school olltcer shall pay to any teacher for school serv- ices at a rate less than Mint fixed by this act. ho shall he fined in any amount not exceeding $100 and shall he liable In n rtwi notion for wages to snob t emptier at the rate provided in this act. which may be recovers! by such teacher. together with an attorney’s fee of $25, In any court of Justice of conqietcnt Jurisdiction. "Skc. -1. It shall be the, duty of tho'stnv hoard of education, from time to time, to provide regulations which shall define the words’ ‘high school ’ and ‘equivalent ’ In tills act. It being the Intent hereof that only such schools bo reoognbaNl as high schools as maintain a standard of scholarship- and' efficiency and course of study to the approval of fhe state hoard of education, and that the word ‘equivalent' as used In this act shall ryenn such a course of study or training or the ability to pass such un examination as In the Judgment of the state hoard of education would as fully qualify the applicant for teaching as the qualification of high school or normal school work and the license resmvtlvelv named above requires." a Chap. 101, Mur. 2. 1007. (Aug. 1, 1008.) 4 For the purpose of oxIilPlI tng the development of the ralolDium nalary law Id Indiana the original law of I$01, together with the law a» modified In 11*03. Is also presented : INDIANA MINIMUM SALARY LAW OF MKU. #hf BCT KH N U * * *• That thp dally wagOB of teachers for teaehtng to the public schools and attending county and township InBlItutes aha 11 mot he less thaa an amount determined by multiplying 2J rente by the general average of schol&rahlD 7*" 1 ,h * t< ‘ a< ’ her oa hai highest grade of license at the tlnfe of contracting 1 ! w» • V ' r '** " C " r " UI , P 8h ‘ u ^ u,Kl ln determining tKe nfthi; ?? < J r *i W '. h0 Bha11 ** “ d J« d 8«* of violating any of the provlslona .iJL”. 8haI1 ** flned lu Bn * aiU( 'ont not exceeding one hundred dollars (1100) for ./ each otynae. Chap. 245, Mar. 12 (Footnote continued on succeeding page.) 1901. 144 STATE SCHOOL SYSTEMS : LEGISLATION, ET.C., 1906-8. 85H*. Maryland: Adding wm\ 122}, Public General L»\vr, liK>4, relative to mini / mum Bnlnrles for public school tethers. - • “Section 122}. That all white teacher a holding n flrnt-^nfis tcneliera' certltleate and having taught for a j>erlod of tUm* yeara In any of tin* Public Schools of the State of Maryland, shall receive as a wilary not less than $350 per tmnuift, and provided further that If RiK'h teaeher holds a ttrst-claHR certificate and has taught In the public schools < if Maryland for a i>eri(Hl of five years, he or* she shall receive ns a salary not less than $400 per milium: and provided further that If a teacher holds a first class certltleate and has taught In the public schools of Maryland for a |>erlod of eight years he or she shall receive as a salary not less than $450 per annum, and provided that If a t curlier holds a second class certificate and has taught in the .public schools of Maryland for a peritMi of eight years he or she shall receive as a salary not h*ss than $350 per annum and t Jhe County Commissioners of tlu* several Counties shall levy a sufllclent 'amount to meet the 'Increase of salaries provided for in this Act.” Chap. MC*. p. 220. April 0, IPOS. l Aug. 1, '1008.) 850*. New Mexico: ItovlRlng and ’systematizing the 8chei* month: ProvitlnU Tlmt I M*r in 1 1 h shall in no vast? In* elass<*d as higher than a third grndV eertlti* cate, lmt if a holder <>f\u permit shall se< ure a regular teachers’ eertltl- cnie during the term for which he Is engaged, the salary for tlu* entire term may be ttxtnl (a accordance with the grade of said certificate: Pnnidnl, further, That n\ teacher employed In any of the public schools of, this Territory K^ult, , be yntlthnl to full pay for a peiflb not to exceeif (me month during wldclnthe selmyl may be <:lo«<*d^ the board of W’hool directors, board of education, or hom’d of health, on account of loss by Hre, danger fron^ contagious disu*;i8t*. or other similar cause; and that every teacher employed yn the public schools of this Territory shall lie cut it lid to* full pay for Avery legal holiday that may occur during the school term on nny regular fx-hool day, and for the rtitlre period of the riiristmas holiday vacation not to exceed fifteen days when such vacation shall occur during the school term covered* by the contrm't. These provlHh.ns shall apply to the public schools hi cities, towns, and villages as well as In rural districts, Any school director, member of board of <*d unit Ion, or oflM*r person violating the terms of (Footnote— Font i nu cd i INDIANA MINIMUM NAI.AI1V LAW AS MODIFIED IN 1003. jin Ruction 1. ftr it enacted, • * • Thnt the tlally wages of teachers for teaching In the public schools of the Htnl<* shall not be* less in the cam* of beginning tern* hern than an amount determined by multiplying 21 cents by the scholarship given said toucher on Ills highest grade of license at t he time of contracting; and after the first school term of any teacher, said teacher's daily wages shall not h* Icsr than nn amount determined by multiplying 21 cents by the general average of scholarship and success given the teacher on his highest grade of license at the time of. contract Irtg ; and after three years of teaching said wages shall not l>e leas than nn amount determined by multiplying 29 cents h.v the general average of scholarship and success given the teacher on his highest grade of license at the time of contracting: HmvUled, Tlmt 2 per cent Him 1 1 he added to V te « c .. er 8 average of scholarship and success for attending the county Institute the full number of days and that said 2 per cent shall be added to the overage scholarship of beginning teachers. * 1 ♦ Sec. 2. All teachers now exempt, or hereafter exempt from examination, shall be paid as dally wages for teaching In the public schools of the BtaU not less than an amount aeteimlned by multiplying 2J cents by the general average of scholarship and success given said teachers : Provided, That the grade of scholarship counted in each raftc he that given at the teacher’s last examination, and that the grade of success counted be that of the teacher’s term 4ast preceding the date of contracting. 8r<\ 3. AM school officer* shall comply with the provisions of this act and shall pay the teachers employed by them no lerfs than such rq amount as shall be determined by sections 1 and 2 of this act. Rohool officers who shah be adjudged guilty of violating any of tbeprovlslona of this act shall be fined in any amount not exceeding $100 for such offense. The state superintendent of public instruction fs hereby authorised to bring action Against any school officer violating any of the provisions of this act. Chap. 242, Mar. 11, 1903. 7 t TEACHERS: EMPLOYMENT, ETC. 145 this sort on shall, upon cortvlctlnn in a court of oompotont jurisdiction * he fUied 111 tin; sum not loss limn ten ($1(1) dollars nor more tlinn i liuiulrnl ISIIMII dollars, or imprisonment for a term tad less titan tea (lays nor nmiv limn ninety di.ys, and may lie removed from olllee |, v 1 •I’t >| M’l* pPHTtlmV.'’ StM*. 2d, | ». P7, Mnr. 21. 1!*>7. -soo N^u- York . ; .1 \Vlmro lencliors in « puhlh- srl,n,>I lofus,* to rmnplv ■ uith tin* rrmil:i,i,n,s hut 'Mint: tin* us.* nf lvd-imis dims* in tin* <,|„, () |* s Sl , r ll ;; ,Mv lt,r,Vnf - lil, ’. v t loir ritfln I.. fnrilM.r .‘mm ,,.,1^-11 inn nn,h ’ r lllr11 ' t i»f cmployim-nt, -or r, I It-iitlrif-K 77 N ]•’ ( 1 12 . I* si:i v \ : (it'catm* New York t’linrtrr. l.:t '*■ ,nsli * provided t h : 1 1 nil vt-.-irlv omm'ins 1x17. jt, '’h'H •!- 1 onrlirrs ’ PiiH 1 i 1 " " ‘i 1 until I In* o\ pi ni l ion of tin* yc:.rly imn miniriu Wrlu. 1 In* ilTln of \i‘w York nnl;,l i| H * ' < ‘ 1 7, , | S,,l ' , . 1; " 1 't’V |Ol "!" '''I''', 1 '''" 1 '""'""kits under the Charier until new. M Ill'll ale.- should lie adopt, d |,y H„- Imroucli I, oari Is. See. 1117 , ,,. , ( i M , p.",\ "led Unit a tl t ail 1 1 a - seine il lea. -hers in any part u f the eltv of U renter Sew l ", k should i '"tit mile to hold tlndr positions and hu etui'll, •, I to sael, i‘""!po">a loti a> was thou pro. i, led hy the tririmis soli*, I hoards, sal,, net !o renssiaruiietii or to removal fort-nose. l.uws. p.too. p pat7 • ■'I. soe. I. n un-in- 1 mr Its chart, -r' of 1 Sti 7 ii. :u ev, ] S .,7 -.'-V sy,- "iltl , provi.l.'.l that no fenmle tea, her of ,, -iris' 7-radualit'iK Vl’nss oi" till atlei tell tears servn e reeett c lossllmt, $1.-11" per annum. Ih 1,1 l ','" sei'vn e. ,1 I, •male lea, her tvhn t.niyl.l a .-iris' m.nitial urn- class. |, nth helot'c ajid niter the eousolidalioti. as tvell ns at lie true Id the pome into etlert of chap. 7.-, Is l.eeatne e, 1 1 it led 1, V saelt • n I to .- salary ,.| sl.llo per anmim. and tr|Vii |„ p..,,,",,, ■' ,l1 ; 1 . 1 : i11 " 1 "a" -luring pan of the time she tan-du i ,r 7ir i ' ■ ' ", ;l so far adtattecd did lot; "J "os-' "* "f City of New York, Hi2_ North Can tli mi: vp, luaifnunt \ fp t w i'lSM North C trolnia: Nr r i -mu-tnirut \% 777. * v Sid. North DakoM; Mnhiiii" 111 , a pproprla, foil to pay s.-hool-tenehcrs tcaelilnR *»•')«< ■! d 1st riels la nnuraa „ iz,-d terrltorv. tvhi.-l, school ,, rs.-mlz.nl. and manner of sn I, mini, i- t Tni im v . * Ap] iropriritfru: yi.lKHi. * 101. Mnr. uh»7. s % Ohio ; ,v H| . i m/i fait nf \ n. f J ,f .7 . std. Ohio: l-ii'Peallihr. and n-oiuulhm will, amendments, see. .|n:n. Ul . UsiH , . Sl:l,lll, ‘ s l UKir.) . n-latlve lo the eompensal imt of tcaehers while att.-ndiak 1 nullity institutrs. * - h sriH'rintomJonts of srlmoU -Provifli.io- ....... r Inslmtles- are held when 'sHm::!^, rZ' ■ H JI * p. lol. .Mny !*, -Sl’d*. Ohio: Appropriating $-17, .(top for assislmu-c in the mainienamv of weak school districts. To in Mho minimum snln ry In w cfTtytlvo. , ^ % II. h. L’i02. sMny 0. 1!K>S. DWW. Oldo ( 11)0(11 ; Where a hoard of duenllon lias employ, -d lencliors for the district for the next .Misnlnc school year, and sa'-h Vc- c ,-rs winith," aadafte^ tln-Jr employment attend the comity Institute /luring • «e. “llcc^nt decisions.- „ the close of this Idle.ln. for e'ontplete te„ o7« elected six members to said board ? f J^T U8 i ee8 from thG teac h er8 ’ force employ^ in said city ; two fbr the term of one year, two for the term of two years and two for the term of three y«jrs. and on the date of the first meeting of said board of educa* tlon In the month of October of each year thereafter there shall ln like Zr e nffl^ eected / W0 t0 8811(1 ***"* o f trnateesTwhoahal? hold Sf.1 for a, term of three years. The election of the member* of Wld board of trustees by the board of education shall be by aTmJoritv . Ii°J^inn m i C ^ nnne , r “ S they ' 0)6 h 0 ®* 1 of education, shall proyldT election of the members to said board of trustees by the teaching form nt *£ by ballot at an el action heldby tlm boart ofed ucatlotu ? )n ^ r ^ 8 ne * r a* may be to the provtstonTof the taw telatl n to school elections, and etch person being a member of the teach* 874. % I*' L '*'"*t^S^A Wj ^"T^- - y - ^ ^t* '■ "TO "4 L.V.I! l'^.!V" ' 13 1 8TATB BdHOOIi stsitoffl : LEGISLATION, MO., 1906-8. Ing force of such city, and a contrlbuter to said _penslQiL_&iid„ fimd shall be entitled to cast, at ouch election, one vote foe each trustee td be elected. Elections to fill vacancies may be held and called by the boai^i of education at the aunnal election: Provided , that the board of educatloifmay fill vacancies occurring In the membership of said board of trustees elected from said board of education at any regular meeting of the board of education. ** Sec; 3! Said board of trustees shall have charge of and (sic ) admin- istration of the public school-teachers’ pension and retirement, fund of such city, and shall have power to invest the same In such manner ns It shall cfeern most beneficial to said fund, but In the same manner .and subject to the same terms and conditions as township trustees iu*e per- mitted to invest school funds under the laws now In force dr as shall hereafter be enacted and shall have power to mnke payments from . said fund of pensions or annnlttes granted In pursuance of tilts act : and shall from time to time make and establish such by-laws, rules ami rersons shall bo divided Into the following classes: " 1. Those who have taught five years or loss, “2. Those who have taught more than five years and not ninro than ten years. “3. Those who have taught more than ten years nnd not more than fifteen year?. “*4. Those who have tnwrht more thnn fifteen years. “And after this act shall tnko effect, there shnll -be set npart from the salaries of nil persons hereafter entering for the first time the employ of the board of education of such cities $f> per annum, w hile th$y remain 111 the first class : $10 j>er annum while they rcinnln In the second class : $ir> per annum while they remain In the third class, nnd $30 (>or annum while they remain in the fourth *lass, which amounts shnll he deducted hy the board Of education In equal Installments from their respective salaries at the regular times for the payment th< roof, amt he paid info nnd constitute a pnrt of the public* school-teachers' pcnslnu and retirement fund of such city. “ Sec, 6. All ixrsons who have heretofore been contributors to a pub- lic school-teachers' pension and retirement fund of cities having a iwpu- * lntlon exceeding KXl.OOO Inhabitants, under any ln^ now 'In force, but who have withdrawn from such participation, may, If the (they) Anil exercise the option within six months from the time this net shnll become effective renew their right to participation In a fund to be created In sold *clty under the provisions of this act, by imylng Into said fund the full amount of any moneys they may, have withdrawn from such previous fund' and the full amount they would have contributed had they not withdrawn therefrom together with Interest thefeou at the rate of 4 per cent per annum from the time such moneys were withdrawn nnd from the time< such payments would have become due to thg date of their acceptance of the provisions of this section ; and thereafter such persons shall contrlbnte to said fund upon the same terms ns teachers who shall hereafter he employed and become contributors to and bene* flcj&rles of said toad* * / Vv ^ ^ v .i ^ / ■■ ■ ti r ! t TEACHERS : EMPLOYMENT, ETC. 149 &, v ” — > are now lu the service of the board of edu- ciitloDjftf any such city, other than tho^e described In the previous section, inny, Tr hey shall exercise the option/ within six months from the time this act beconios effective become contributors to and beneficiaries of the puli! tc school-teachers’ pension and retirement fund created under the I»ro\ision8 of this act, U[>on the same terms ns teachers who shall bore- 1 b< “, Cm| ’!°^ X »"d become eoitfrlbutors to mid beneficiaries of said fund under Ration 6 of this not. - Sec. S. Those tenchprs in the employ or hereafter to be employed ’ ' "* ^ of of any such city, ^ho shnll become contribu- tors to and beneficiaries of a public school-teachers’ iieiisiou and retlre- ii)™t fund, under any provision of this act, may count post service as a part of the PcHchI of twenty-live years liereinafter s|iecll]ed. bv paving into said fund n suai equal to that which he or she would luivo 'con- tributed anilor the provisions of this act. had lie or she been a regular whb \n , ter r J°,i Sn d fulu1 ’ , , ■ rl,,(, ° f ’ V ™ rs ‘he 'i' "; he :‘ nn - v contributor to the said fund shall Hs-ve t might fifteen . ( rs in the public schools within the meaning of tils act mid shall bv ’ iro,. competent pi, ysidnns. who have made a phvsll.nl cxaiiilaatlo,, of the teacher, at the ropiest of a majority of such hoard' of trustees, have that' ifemlT Vi V*' s " fr °*' in K from a fHTinuuent disability: I'mridal, i !n ' tmltl hoard of trustees nor said board of education slinll ".n nl l 5 00,1 1 t’lhuh'r entitled to the Immediate benefits of said fund ant i ho or she shall have taught In the public schools of such dtv tl.ree- flf lis of the term of serv ice of twenty-five or fifteen vears as the ense • b *y aije entitled to the benefits of sold fund until h » m'v H”', 0 r( ’ 1 ,lrp ' 1 {foni sorvkv 11 s n teacher In said city. Sec. 10. Each teacher so retlreit or retiring after twentvllve vears "f si-rvlce atm It thereafter be entitled to receive an annuity of slot) mid each teacher so retired Ixx-a use of |H>rmnnent dlsubilltv after fifteen years n.amltv'oftloo *T,h'“ !,nn " n 1 I 1 ™"' 0 " f,m ' h Pro|H,rtion of the full annuity of J400 as the min contributed bv sucli teacbcr so retired hears to the totn wutrlbalion required for ,, Tull nnnultv. ” ,"n„s “,d annuities shall be paid monthly during the school venr bv sUl hoard of nistees oat of the fund created m accordance with .1,1 pn, visions of n * ^ ninnU ° r provlllo<1 by Inw for tlie iwyinent of lencli era' Vrc. 11. The board of trustees In nnv such oltv. created !>v tho urn. V) ? hJf h£i thI V Ctt Bhn11 ® uccwd to tl,e administration of nnv* like fund Wh ) n,l ? or nny Inw now in f ^ce *« this junto nntl sort "ward U forth e P >flvmln^ \Tth7° U ^, hoth tho I )rlnrl l mI *»™nm of nil funds nn) h L the * HJllBlons or nnnultlos In this net provided for, mid Rha hnv$ the ]K>wer to reduce from time to time nil pensions aih 1 annuities, Provided such reduction shall be at the same rate on all clause* and be rendered necessary by the condition of said fund. Anv nubHc Wh ° hnf * horotofor e retired from service and Is'entitJed 'force 1 to* tin anr J ulty froni created under nny law* now lu cZU V * ^r l r i ? tl ? n ° f Whlch of tnwteoi. has sue* eeded, or as a recipient of n pension or annuity thereunder shall henee- for h be entitled to participate In right of the’ prrZt law on tile 2e basis as members of the teaching force contributing to said penslan and retirement, fund , n ud to receive n graduating pension ranging from four- to ^ntthn of pensions paid under the provisions ot this* art dependent upon time of service, and $90 per annum shall be witSkheM £?“ ^r.* 10 , ne ^ r annol, l nt aB b ' 8 or ber additional TOnWbntlonW aaid peeuion and wtlrement fund until he or she shall have paid tin 150 0TATE 8CH00L 6T8TSMB : LEGISLATION, BTC,, 19WHii iz s-'? aggregate contribution of *450, provided this clause shall not be .operative until pensions Bhail be payable under the provisions of tpis-act. “Sbc. 12. The president and the secretary of^s&ld board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and superintendents of the boaM of education In accordance with the provisions of tills art, which amounts, as well as all other moneys contributed to said fund shall be Bet apart and held by said treasurer as a special fund for the purposes hereinbefore specified, subject to the order of said board of trustees herein created, and shall be paid out upon warrants signed by the president and secretary of said board of education, and countersigned by the president of the said board jof trustees. ' , . . . . “Sec 13. The city treasurer (\r officio shall be the custodian of sanl pension fund, and shall secure and safely keep the same, subject to tlui control and direction of Raid board of trustees and shall keep his books and accounts concerning such fund In such manner as may be prescribed by said board, and said books and accounts shall always be subject to the inspection of said board or any member thereof. SuUl city treasurer shall be liable on his official bond for, the proper performance of bis - duties and the conservation of the fund created by this act Any legal proceedings which may be necessary for the enforcement of the provl- . slons of this act, shall be brought by and 4n the name of the hoard of edu- cation for the use of the board of trustees of the public school teachers “Sec 14 Ko teapher who has been, or who shall have been, elected by said board of education, shall be removed or discharged, except for cause, upon written charges, which shall upon said teachers written re- quest, be Investigated and determined by said board of education, whose action and decision in the matter shrfll be final. If at any time a teacher who Is willing to continue Is not reemployed or is discharged before the - time when he or she would, under- the provlsloxi.of this act, be entitled toua pension then snob teacher shall be paid back at once the money he or she may have contributed under Mils law. Any teacher who shall retire voluntarily from the service, prior to entering the nforesnid fourth class, shall receive a refund of one-half of tbe money he or she shall ■ have’ contributed under this law. , . “ Skc 15. All i>ersons wbo shall hereafter be employed for the first time ae teachers by tbe board of education of any such city shall by such employment accept the provisions of this act and thereuimn become con- tributors A.V ." 1 I -i . -a V: , . ' L ... . : TEACHEBS: EMPLOYMENT, ETC. 151 ployees in certain cities, provides that no employee elected by the board of education shall be discharged except for cause upon written charges, which shall be in vest 1 gated by said board of education, whose decision shall be final. In 1903 t^e* public school employees' pension act was amended (Hurd’s Rev. Stat., liXtf. p. 1728, chap. 122, s£c. 16), providing that all api>olntmentB of employees by the board of education shall be mad* pursuant to the civil service act, and that no employee who has contributed to such fuq*J shall be discharged except for cause, upon writ- ten charges, determined by the board of education, etc. Held , that the amendment does not limit the power of the board of education to dis- charge those who ha recontributed to the pension fund, but it is given full authority to discharge any employees upon a proper hearing, but In nil other respects the civfi service laws are applicable to such em- ployees,— People v. City of Chicago, 81 N. K., 370, 227 III,, 445. 70, Indiana: Concerning pensions for 'ffged, infirm, disabled, diseased, or re- tired teachers in cities having a population of 100, 000 or more, accord- ing to the lust preceding Tufted States census; providing for a fund out of which said itenslons shall he paid; providing for a board of trus- tees for the management and. distribution of such fund, ami prescribing regulations relative to the mode of obtaining, preserving, using, and dis- bursing such fund. Section 1. lie it enacted by the General Assembly of the State of Indiana. That In every city in the State of Indiana having n population of 100,000 or more, according to the last preceding Vnlted States census, there shall be, ami, is hereby, created a teachers’ pension fund, which shall Ik 1 governed uml managed by a board of trustees, to lie comiiosed ,nf seven members, ns fc^ows : Three members of the hoard of school commissioners of such city. u\ he selected or appointed annuajly by such board, the superintendent of public schools, one principal and two teachers regularly employed in the public schools of such city. Said princl|vnl and teachers shall be selected nt n meet lug of the public school teachers of such city on the third Saturday of March, 1007, in such manner and at such place or places as shall he determined and des- ignated by the board of school commissioners of such city; and there- after there shall be selected on the third Saturday of March of ench year one principal mid two teachers as members of such board of trust *4*8. The trustees shall hold their offices until their successors Khali he selected or elected as above pet forth. In the event of a vacancy upon Paid hoard occasioned by the death, resignation or disability of either of said principal or teachers, then the public school teachers of said city. Shull, within a reasonable time, u|k>i\ the call of the president of said board of trust ees. hold a sj>eclal meeting ami eh'ct a successor or successors. A majority of said trustees shall constitute n quorum for the transaction of business pertaining to said jvnslon fund. Raid trustees shall receive no pay for their services as such, except the secre- tary and assistant treasurer, each of whom may he paid such sum for services net may be fixed by the board of trustees: Provided, however, That If anyone shall act as such secretary or assistant trensureV who shall receive any of the benefits of said (tension fund, as here! natter pro- vided, the amount of the salary so received by such secretary or assistant treasurer shall lie deducted from the amount to which bo or she would otherwise be entitled as a beneficiary under said fund. Rec. 2. Said bonrd of trust tvs shall elect from niokmg Its number a president, vice-president and secretary. The president .shall preside nt the meetings of the bonrd and perform all other duties uemril to such office. The vice-president shall perform the duties of the president in his absence. It shall be the duty of the secretary to keep a twresand accurate account of the proceedings of such board of trustees aria otSfye teachers of such city, when acting upon matters with relation to said fund, and to turn over to his or her successor all hooks and papers per- * tainlng to such office. The secretary of the board of school commis- sioners of such city Bhall act as assistant treasurer, and It shall be his duty to keep a true and correct statement of the account of each member, with said pension fund, to collect and turn over to the treasurer of said Si "-*■»**' v mf, )-' M - 1 - ,-”. "w. ►■ ,, w»,*™» i» ■ ■»■,( ■■ ii,« !f “' 152 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. boat'd all moneys belonging to said fund, and to render to the board a monthly account of his doings. He shall furnish bond In such amount 88 shall be determined and required by said board of trustees, and the board of school commissioners of such city shall allow him such com- pensation for his services as it may deem proper. The treasurer of such city shall be ex officio the treasurer of said board of trustees, and ho shall receive and hold nil moneys belonging to such teachers' pension fund; he shall have the custody of all notes, bonds and other securities ‘'belonging to said fund, and shall collect the principal and Interest of the same and shall be liable on his bond as such city treasurer for the I »erfor manoe of all the duties imposed ujion him by this act and for the faithful accounting of all moneys and securities, including both principal and Interest, which mav come Into his hands ami which shall belong t<« such* pension fund. And he shall keep a separate account which shall show at all times the true condition of such fund. Said treasurer shall, upon the expiration of his term of office, account to said board for. all moneys, notes, bonds and other securities coming Into bis hands, and for tile Interest, income, profits, rentals and proceeds of and from tlu* same, and he shall turn over to his successor all moneys, notes, bonds and other securities belonging to said fund. The secretary, treasurer and assistant treasurer fffiall mnk£ a full, true and accurate rei>ort of their offices and trusts at each annual meeting of such teachers in March of each year. Their books shall at all times be 0 |>eu to inspection or examination by any member of said board of trustees. 44 Sec. 3. Such hoard of trustees shall have full charge and gontrol of the teacherB’ pension fund of such city with power to adopt mid enforce ’ all needful regulations governing the same, not inconsistent with this act. Said fund shall be derived from the following sources: 41 First. All moneys that may be given to. said board of trustees or to said fund or to the board of school commissioners of such city, for the use of’ said board of trustees of teachers' pension fund, by any i>orwm or persons. Such board of trustees may take by gift, grant, devise or bequest, any money, choses in action, personal prei>erty, real estate, or any ftiterest therein, and any such gift, grant, devise or bequest may be absolute, or upon the condition that only the rent, profits a d income arising from the same shall be applied to the uses and purjHises of said fpnd. Such hoard of trustees shall be authorized to take sneh gift, grant, devise or bequest under and by the style of the board of trustees of the teachers' pension fund, of such city, and to hold the Kamo, or assign, trans- fer or sell the same, whenever proper nml necessary, under and by such name. * 44 Second. Every teacher shall bo assessed uj>on Ids or her salary ns •follow^ One per centum per .annum (but not more .than $10) ujw>n the salary Of every teacher who shall not have taught In excess of fifteen (15) years; and two per centum per annum (but not to exert'd $-0 > upon the salary of every teacher who shall have taught longer tUajn lifteen (13) years; Provided, however, that such assessment shall notvgo ninth* prior to the* first day of September, 1907. Ajid the assistant treasurer of such board of trustees shall prepare a roll of each of wild assessments and place opposite the name of every teacher the amount of assessment against 1dm or her, and shall furnish a copy of such roll to the treasurer, and the treasurer of said board shall, in November and April of each school year, deduct and retain out of the salary going to such teacher the amount of such ASS^Miuent, and shall give him or her credit for the same and place the same to the credit of said teachers* pension fund. Every teacher of such city receiving a salary of four hundred fl*y dollars ($450) a year or more shall pay such assessment, and In becoming n teacher he or she shall be conclusively deemed to undertake and ngEfie/(u pay the same, and to have such assessment deducted from his or her salary as hereinbefore provided, 44 Third. The board of school commissioners of such city shall levy each year, in addition to all other taxes authorized by lirw, a special tax of ,bne cent upon each one hundred dollars of taxable property In the city, which sum shall be collected as other taxes are collected by law, and which shaU be credited by the treasurer of such city to the said teachers ‘ pension fund, and shall not be used or devoted ternnh other than the pur- poses of said fund And nothing to this act shall Bafeemed to take from 1 itt W fi* 'i ... i . .. j. ,,i |_ TEACHERS : feMPLOJTMENT, ETC. 158 said board of school commissioners the powers now given to said board In relation to the levy of taxes under existing statutes. " Sec * 4 * The board of trustees of such teachers’ pension fund shall determine what part of said fund may be safely Invested, and how much shall be retained for the immediate needs, demands and exigencies of said fund. Such investment shall be made: (1) In interest bearing Ih>im1h of the halted States, or of the State of Indiana, or In any bond lawfully issued by any state or by any county, township, city or other municipal corporation, either within or without the State of Indiana; (2) loans secured by mortgage ui>on real estate within the county wherein such city is located, which loans shall not be In excess of fifty per centum ot the* npprnlsed value of such real estate. Ail bonds, mortgages and other securities shall !>e dc{>osited with and remain in the custody of the treasurer of said board, who shall collect all Interest due thereon and ail the income therefrom, as*the same shnll become due and payable. " Six * 5. The board of trustees of such teachers’ {tension fund shall establish a sinking fund, to the credit of which shaii be put and deposited nil giftR, grants, devises and bequests, and the unexitended balance re- maining at the expiration of each fiscal year. And such sinking fund shall be and remain a permanent fund, and no part thereof shall be ex- I tended except the interest and income thereof and therefrom; provided, however, that one-half of the amount added to such sinking fund during •any year may be used. If necessary, during the vear immediately fol- lowing. * * " Sec. 6. Said teachers’ {tension fund shall be used and devoted in the manner and for the puritoses following; " Kiriat. The maximum {tension to be paid any teacher shall be six hundred dollars ($600) per annum, whichvamount shall he based niton a sort ice of forty (40) years as such teacher, and every {tensioner and beneficiary of said fund shall be entitled to and shall receive such j>er- centnge of said sum of $600 ns the number of years of teaching of said {tensioner and beneficiary shall bear to the term of forty years, subject, however, to all the provisions of this act. *’ Second. Any uged. Infirm, diseased or disabled teacher, who is uow or hereafter may be teaching in the public schools of such city, having served ah such teacher for not less than fifteen (15) yenrR, Khali be en- titled to receive a disability {tension; provided said board of trustees shall find that he or she Is entitled to the same by reason of such age, disease, infirmity or disability, and after such applicant for a iwnslon shall have been exnmiued by a physician selected for such purpose by said board of trustees, the examination fee or charge of such physician *to he paid by the applicant; and provided further, that no such pension shall be paid until any sick pay allowed or provided for by the board of school commissioners of such city shall hgve ceased. 4 * Third. Any jteacher who Is now or hereafter may be teaching in the public schools of such city, and Rbnll have taught for not less than twenty-five (25) years, nmy be i>enslonod upon application to said board of trustees, or nmy be pensioned by such board without such application and shall -thereafter receive a pension during the remainder of his or her life, subject, however, to all the conditions contained in this act* provided, that such pensioner shall have paid Into said fund, by way of assessment or otherwise, not less than one-third (1-3) of the amount to which he or she shall be entitled per annum as a i>onRioner. And in order to make up such one-third, the board of trustees may order the treasurer to deduct one-half thereof each of the first two years from the amount of such pension. 44 Sec^X In computing the years of sendee as provided In this net, the boaTd of trustees may Include sen-ices as a public school teacher rendered outside of such city, not, however, In excess of five (5j years, us a portion of such sendees necessary before any teacher shall be en- titled to any of the benefits of this act; provided, however, that such teacher shall pay assessments based upon the first annual salary re- ceived by him or her In the schools of such city for the- said years of service -elsewhere, in addition to the assessments paid by such teacher while in the services of such schools before receiving any retirement pension ; and; provided, further, that nothing in this section shall affect the amount or amounts to be paid Into such pension fund by school 154 STATE 8CH00L SYSTEMS : LEGISLATION, ETC., 1906-6. teachers before being entitled to become a pensioner. And any teacher may be given a leave of absence for study, professional Improvement or temporary disability, not exceeding one year at any one time, and shall be regarded as a teacher and entitled to the benefits of this act; pro- vided that during such abdroce-be or she continues to pay Into such fund the amount of assessment payable by such teacher the last year preceding such leave of absence. “ Sec. 8. After any teacher shall have been pensioned by reason of Injury, disability or disease, the board of trustees shall have the right at any time to cause such teacher again to bo brought before such board and examined by its physician, and also to examine other 'witnesses, for the purjH)se of ascertaining whether said Injury, disability or disease shall still continue and whether such teacher shall remain on the pen- sion roll. Such teacher shall be entitled to notice and to be present at the hearing of any such evidence; shall be ivermlttcxl to propound any question pertinent or relevant to such matter, and shall also have the right to Introduce evidence U{H>n his or her own behalf. Such teacher and all witnesses shall be examined under oath, and any member of such board of trustees Is hereby authorized and empowered to mini bl- ister such oath. The decision of such hoard of trustees shall be dual and conclusive, and no appeal shall be a Mowed*! herefrom, nor shall the same be revlewable by any court or other Authority; provided, how- ever, that every pensioned teacher shall rejiort to the superintendent of public schools of such city whenever required so to do. And said suj>er lntendent may assign such teacher to such service or employment as may be within his or her power to i>erform. In the judgment of such superintendent of public schools and of the examining physician employed by the Raid board of trustees. Ami during the time of such employ- ment such teacher shall receive the regular salary therefor, which shall be credited to and deducted from the amount payable to such teacher from wild pension fund. And should any pensioned teacher recover from his or her lnjuby, disease or disutility, and again he tit for regular duty, then such teacher may again be regularly employed, and during the time of such employ incut, he or she shall cease to be entitled to any payment out of said pension fund because of the injury, disease or disability on account of which such teacher was originally retired. “ Seo. f). Any teacher applying to he jiensioned by reason of length of time of service as In tills act provided, shall be pensioned niul retired without any medical examination, nor need he or she be under nny physical disability, and from the time of such pension and retirement such teacher shah not he required to render further service* as such teacher, nor shall he or Rhe be deprived of the benefits herein provided, except for any cause contained In section 1(1 of this net. “ Sec. 10. In computing time under the provisions of tills act, such time shall inchide services rendered before, as well ns after, the taking effect of this act. “ Sec. 11. The board of trustees shall have ]>owor and authority to make nil necessary by-laws providing for the manner of the election of such trusts, to be elected as In this net provided, the counting ami can- vassing of the, votes for the same, their meetings! for the collection of all moneys and othjr property coming or belonging to said fund, and all other matters connected with the care, preservation and disbursement of the same, and the pro|»er execution of the purines and provisions of this act. Anol commissioners at his office at the same time and in such Installments us the teachers of such city shall be paid: pro- vided, however, that no iwmslon of any kind whatsoever provided for in this act shall be paid [trior to October 1, 190S. ' Sec. 15. All pensions granted and payable out of wild teachers’ pen- sion fund shall be and are exempt from seizure or levy uintn attachment, execution, supplemental process, nnd all other process, whether uitesuc or final; and such [tensions or any payment (it the same shall -not be ^ subject to sale, assignment or transfer by any beneficiary, aud such transfer shall be absolutely void. * ••Sec. 10. Whenever any [terson who shall have received any benefit from said fund shall he convicted of any felbny, or of any misdemeanor, for which he or she shall Ite adjudged to be imprisoned, or shall fall to report for examination for duty as required herein, unless excused by the board Of trustees of such city, or shall disobey the requirements of said board of trustees In rcsptvt to said examination for duty, or shall tali to [terform such duty as may be required of him or her If found able to perforin such duty, then midi l>oard shall order that the jam si on allowed and paid to him or her shall cease, until tlie further 'order of such board. ” Sec. 17. The term teacher as used in this act shall mean and Include any principal, assistant principal, assistant 8U[>crfntcmlent, wqtervlsor. assistant suitervlsor, ix'rson iii charge of any special department of In- struction, and any teacher or Instructor regularly employed as such by the hoard of school commissioners of such city. . " NKc^jjjfc^Vhereas an emergency exists for the immediate taking effect of tUi^SCt, the same shall be in force from ami after its passage.” Chap. 170, Mar. 1), 1907. H77. Louisiana:. Authorizing tlie Louisiana State University and Agricultural and Mechanical (’ollege to accept the offer of* the hoard of trustees of the ('aruegie Foundation to admit state universities to benefits of the retiring allowance system of said foundation. . ' A - Act No. 211), July 8, 19QK. 877n. Maryland: Adding secs. 102A-102S, art. 4, Acts, ISOS, relative to the city of Baltimore. rroviding for a retirement fund for public school teachers of Rnltlinore. Oha[). 78, [). 595. Mar. 12, 1908. 877b. Maryland: It e[ ten ling, and reenacting, with minor amendments, sec. 58, * art. 77, Public General Uws, 1904, relative to teachers* pensions. Chap. 005, p. 220, April 0, 1908. 878. Massachusetts: Relative to the Ma saw lm setts agricultural college. Authorizing and directing hoard of trustees to use their ltest efforts to -secure and ‘accept for -the college the benefits of the retiring fund of the Carnegie Foundation for the Advancement of Teaching. Resolves, chaV- 138, June 12, 1908. 879*. Massachusetts: Authorizing cities and towns to establish peuslou funds for teachers in the public schools. “ Section 1. In any city or town,' except the city of r Boston, which accepts the provisions of this, act a pension fund shall be established for the retirement of teachers in public schools. The fund shall be I derived from such revenues as may be devoted to the purpose by the — i m — i — . -■ L - w Eg L ^ : ; y 156 * k H I STATE SCHOOL SYSTEMS : LEGISLATION 1 , ETC., 1906-8. i V city ettt Ion of not less than live per cent of the legal voters of any city or town, this act shall be submitted, in case of a » hy, tortile voters of* such ,cltv at the next city election, mid, In case of a town, to the voters of such town at the next annual town meeting, mul the vote slmll he In answer to the question to be placed upon the ballot : Shall an net passed by the general court in the year nineteen hundred and eight, entitled *An Act to authorize cities and towns to establish l>euBkm funds for teachers In the public schools,’ be accepted? And if a majority (# the Voters voting thereon at such elation or meeting shall vote ^n the affirmative this act shall tn*e effect in such city or town. N Sec. 4. So much of tldsjict hs authorizes its submission to the voters of a eltv or town shall take effect upon its passage, hut it slmll not take further effect In any city or town until accepted hy the voters thereof* as herein provided.” Chap. 4ps, Apr. ,iu. P.His. S80. Massachusetts: *\n act to provide for the payment of pensions 'to teachers In the public day schools of the city of Poston, “flr it rnartnl, etc., ‘t* fotfoirs: "Section 1. Tin* school conunithMi of the city of Poston slmll forthwith establish a permanent school ikmisIoii fund for the payment of pensiuns i\h hereinafter set forth to the members of the teaching or supervising staff of the public day schools of the said city at a rale not exceeding one hundred and eighty dollars a year. "Sec. 2. The can' ami Investment of said fund and or any gifts or legacies* thereto are hereby vostnl In a hoard of three trustees, of whom one shall lx* the chairman of the board of commissioners of sinking funds of the city of ltoston, ex officio, and another shall bo chosen by said school commit tot*, and the third shall be chpseu by the board of trustees of the Teachers* Retirement Fund In the city of Poston, established under the provisions of chapter two hundred nod thirty-seven of tin; acts of lit*' year ' nineteen hundred. The said trustees shall serve without compensation. At the first regular meeting of t lie school committee of the city of Poshm, after the adoption of this net, ami lu eayh fifth year thereafter, at one of the regulnr June meet l A gs, or at some subsequent regular meeting of the said committee.- It shall elect one member of the said board of trustees , who shall hold otllce for the term of five years beginning with the first dav of July In the year of hlfl election. The board of trustees of the said Teachers’ Retirement Fund shall elect one of the trustees of the said per- manent school liens ton fund for the term of four yearsJwglmiliiK with the first day of July of the current year, and slmll, at the expiration of such term and shall In each fifth year thereafter, elect a member of said board of trustees for the term of five years beginning with the first day of July in the year of bis election. Every such trnstfte shall subscribe. In u book kept for that purpose lu the office of the city clerk In said city, a state- ment that he necei*s the said office subject to the provisions of this act, and any elected member of said hoard of trustees whose term of office ( has expired shall coutlnue to serve ns a member of said hoard ftutll his successor Is duly elected and qualified. In case of a vacancy in the elected members of said board of trustees by reason of death, resignation or other cause, the body which elected the person whose place thus be* comes vacant shall fill the vacancy by an election for the unexpl red term. “Sec. *8. Said board of trustees shall have charge and controror said ^ permanent school pension 'fund and of alPamounts contributed thereto^ — - , 1 J _ -2 J •TEACHER8: EMPLOYMENT, ETC. and shall Invest and reinvest the same in securities in which the funds of * ■ Ravines banks In the commonwealth of Mnssnchu setts mav bv law be Invested, excepting iXTRonnl securities, and wild trustees ninv, froi^tlme to time, sell such securities nml shall Invest mid reinvest the /weeds thereof, apd any and nil unappropriated Income of said pension fund/ The city treasurer of said city shall be the custodian of all soeuriMos and money belonging to the said permanent school ] nuns I on fund and shall be responsible for the safe custody thereof; shall, whenever nnv of such st'curltles are sold by the said trustees for the purpose of reinvestment, deliver the securities so sold uynm receiving the prncses contemplated by tills act, and hi the same manner In \ vl i i t • 1 1 It makes appropriations for other Rchool puriHises. the Kina of five .cents U|xm each one thousand dollars of the valuation on which the f Appropriations of the city council of the city are based, and sliall from / tinH ‘ *° tim< * l m .v to the treasurer of .the permanent i tension fund such Itfirrions of the proceeds of an Id ti\e cents u|>un each one thousand dollars • (lu * vahis'tinn abavsald as, In the opinion of the Softool committee, will noi bt* needed for tin* purimso of paying incisions to teachers during that you r, m " Skc. r>, Sivtloii fifty-four of chapter twelve of the Kevlsed I.nws Is hereby amymh'd by striking out the words ‘ten nml one half dollars’, in the twentieth line, and Inserting In place thereof the words;— ten* ■** dollars nml fifty-five cents, — so ns to read ns follows -.—Section The tax(w 'assessed on pro|K*rty exclusive of the state tax, county tax and sums required by law to be raised mi necomif of the city debt shall not In am year exoiNMl twelve dollars In any city on every one thousand dol- lars of tlu» assessors’ valuation of the taxable property therein for the premUng year, said valuation beliyr first reduced by the amount of all abatements allowed thensm previous ttf the thirty-first dnv of December In *1 he year preceding said jtHscHsmerft, subject to the following provl- slons If tin* city council of a city Which contains less tlmn one hundred thousand hdiahltnats according to. the last preceding national i>r state census so determines, the iiverngo/f the assessors* valuation of the taxa- hie property therein for the preceding three' years, Raid valuation for t>ach year being first minced by the amount of all abatements allowed thereon previous to tlie thirty-first day of Deccmlter In the year preceding said nsHt'ssment, shnM'ho used to detenfilno said limit of taxation Instead of Raid assessors’ valuotlon of the precluding year. In the city of Host on, and In all cities whlah contain ftne hundred thousand Inhabitants or more - 1 according to the tviiMis aforesaid, said average shall be fit) used. In the lit eUy of I tost on, said taxes shallTiot exceed ten dollars and fifty-five cents i Instead of twelve dollars ns aforesaid. Any order or appropriation re* J.58 STATE SCHOOL 8Y8TEM8 LEGISLATION, ETC., 1908-8. # * qulrlng a larger assessment than is herein limited shall be void. The provisions of this section blind not affect any existing exemption from the o:>erntion of the corresponding provisions of earlier laws. > “ Sec. 0, The total amount of pensions payable hereumler In any one year shall not exceed the proceeds of the said tlvo cents iqxm each (itij 1 thousand dollars of the valuation aforesuUl, togetlier with the' income nooning during that year from the investment of the {lernmnent iiehsinn fund. “ Skc. 7. The school committee of said city, hy a majority vote of all of Its members, may retire with a {tension any mouther of 'the teaching or supervising staff of the public day sehools of the eltyjttf ltoston who. h* the opinion of wild committee, la mentally or physically Jncapncllntcd for further efficient service, subject however to the limitations herein- : after set forth. If the person so retired has attained the ago of sixty- jflve years or has been engaged in teaehlng or sui>ervlsiiig In the public day schools for njx?rlod aggregating thirty years, twenty of which shall have been In the public (Fay schools of the city of ltoston, such immsou P bnll be {Mild a -{leashm at the rate of one bundled and eighty dollars /per annum. If a {>erson so retired shall he less than slxty-llve yeilrs of .age and shall have I icon engaged in teaching or supervising hi the public -day schools, iu ^ltoston and elsewhere for a j>erlod aggregating less than thirty years, the annual pension paid to such person shall he such per- •rentage of one hundretWHiid eighty dollars as tlie total number of years of service such person Is of thirty years: provided. Aotccirr. flint if the annual {tension of such {verson so determined shall l>e a larger jmt- oeutage of one hundred ami eighty dollars than the nmnher of years which such {verson has taught In (Is* public day schools In the ci'tv of ltoston Is of twenty years, then the n mi uni pens'lon paid to such {verson shall he such {vercentage of one immlred and eighty dollftrs as that per- son's length of service In the public day schools of wild city is of twenty years; and provided. further, that the pension any teacher retired under the provisions of tills act shall terminate If nnd when. In the judg- ment of tin* school committee, Hhe {verson's Incapacity Hhall have censed. In jletcrmlnlug the aggregate length, of service of any person retired in accordance with the provisions of this act any period of leave of absence under salary shall he considered as equivalent to an equal amount of actual teaching service. The city treasurer of the city shall pnv {tensions to teachers retired under tills net In' accordance with monthly pnvrolls prepared and cert 1(1^1 to hy the school committee. “Skc. 8. All pets, rthd parts of nets inconsistent herewith arc horebv nqvenled. Skc. 0. Tills act shall take effect upon Its acceptance by the city council of the city of ltoston. with the approval by -the mayor. "(The foregoing ten* iaid before the Lieutenant do rernor, Artiny (ior- .ernor, on the twenty-ninth day of May, t!H)H, amt after five days it had * the force Of ji taw \ an prescribed hy the Cor, 213-224, art. 2T>, chap. 1, Acts, 1003 (sp. sees.), as a-ulended hy chap. 314, Acts, 1000, relating to teachers* retire- ment fund. , Modifying provlelone concerning constitution, membership, and duties of board of trustees. Increasing annual annuity from one-half to six- tenths of average annual salary for five years next preceding, raising maximum annuity from $600 to $650;>euomerntlng the securities in which the fund may be Invested. Numerous minor changes. Chap. 189, May 7, 1907. i ,/i TEACHERS: EMPLOYMENT, ETC. Jgg 883. New York: Establishing a retirement fund for pensioning teachers of the public schools In the city of Elmira, and regulating the collection, man- URemhnt, ami disbursement thereof. “Skotion 1. The general cure and management of the public school teachers letlrement fund Is hereby Riven to the hoard of education who Mud . from time to time, establish such rules and regulations for the iidniiiilstraton of said fund aw It _may dwm best, and said hoard shall make payments frmn said fund of anmilties granted lu pursuance of this rnt uhen so directed by the hoard of retirement. The ehumborln In of the citj i»f Klmira sl^ill hold and Invest all money belonging to said fund h. sueh Investments only as are legal lor snUngs hanks In thi stato of win nnd h > /llivethai of sahl board of eduenthm shall pay out the Kina ml he sha report In .lytn* to the board of ediirntlc.ii of the city of Umlra annually Hn the month of May, or oftener If required bv the and dish, ^ " f W,l>1 f ""-' '«•■**» •* receipts 0^;.^ s " ;,M < ' onslst ,,f ,i,e f<>,umin ^ I 1 ",""'-''- I'ty- y-'iipensHttni, or salary. or any Income thereof Otherwise /or or on account of said fund ^ ’ lKK1UeSt8 or eoaiaam'loaam'j :, f f | , ‘Vv ^ i r | ,,,rH ^ "" for ^ the ..f “.be 'oh; 1 :;' ,,f n " ,enc " ,,rs ,,f ,hp „f ' .. J .V, ' " ’ U " lo nln,>1 " 1 * deducted from the salary «'vca. each aml'ereiy 7'^H’ and mmmm '< ■ - f - <-■ ^ • devlwMl'for’tl'io " P ** "" J *** ' 8 "">'«^hnrh"Xt«i€.h ynr schools of the cltv of IE . n " y of the <(>aclj ers of the public education. Is Inca pacha for ?i,e°’nlrfo l,l8cre I lon " f the boaVd of been engaged In the work of touelilni? t ™ IU1CC . of , du, y* and who has "ATE SCHOOL 8Y8TBHS : LEGISLATION, BTO., 190(H). | I N' 5 A- ¥ if i. have attained the age of sixty-five years and shall have been engaged In the work of teaching for a period aggregating thirty years. On the recommendation of the board of retirement, the board of education shall retire upon bis or her own application any teacher of the public schools of the city of Elmira who has been engaged In the work of teaching for a period aggregating thirty years, fifteen of which shall have been In the pnblfc schools of the .city of Elmira. ' “ Sec. 5. Upon such retirement, whether voluntary or otherwise, the -person retired shall be entitled to recdlve an annnlty out of the retlre- *ment fund of one-half of the average annual salary paid to such person for the five years immediately preceding retirement, but no annuity shall exceed the sum of four hundred dollars. Any person retired after v twenty years of service, bnt with Jess than thirty years of service, shall receive an annuity which bears the same ratio to the annuity provided for on retirement after thirty years of service as the total number of years of service of said person bears to thirty years. No annuity shall be paid to any teacher who has not paid into the retirement fund at least twenty ]>er centum of his or her annual salary at the time retirement. Any teacher who teaches In any public school after being retired shall receive no benefit from said fund while so teaching. The annuities proved for by th!6 act shall be payable In monthly install- ments. If thei^oneys In the retirement fund be Inadequate at any time to fully carry out the provisions hereinabove mentioned, the board of education shall then distribute said moneys pro rata to the persons enti- tled to participate In said fund; aud such distribution shall be In full of all annuities then due. “Sec. 6. The term ‘teacher’ shall include: “1. AJ1 persons regularly employed to teach In the public schools of the city of Elmira, except male teachers employed In the high school of Elmira. N “2. Those principals who have served as grade teachers in the public schools of the city of Elmira for at least ten yenrs.”- . p Chap. 80/Mar. 27, 1907. *fSept. 1, 1907.) 8S4. New York: Appending seef 1092, of charter of Greater New York, ns amended by chap. 530, Laws, 1902, as amended by chap. 177, Laws, 1903, as amended by chap. 061, Laws, 1905, relative to the public school teach- ers’ retirement fund. “ Section 1. * * * The general care and management of the public school, teachers’ retirement fund created for the former city of New York by chapter two hundred and ninety-six of the laws pf eighteen hundred ,and ninety-four, and of the public school teachers’ retirement fund created for the former city of Brooklyn, by chapter six hundred and flfjty-alx of the laws of eighteen hnndred and ninety-rive, Is hereby given to the boa ret of education, and the said funds ate hereby made parts of the retirement fund of the board of education of the city of NOw York created by this Act. The board of education shall *rom time to time, establish such rules and^ regulations for the administration of said fund as It may deem best, which rules and regulations shall preserve all rights Inhering in the teachers of the city of New York and the city of Brook- lyn as constituted prior to the passage of this act; and said board shall make payments from said fund of annuities granted In pursuance of this act. The comptroller of the city of New York shall hold and invest all money belonging to said fund, and by direction of said board of educa- tion shall pay out the qame; and he shall report In detail to the board of education of the city of New -York, annually. In the month of January, the condition of said fund and the Items of the receipts and disbursements on account of the same. The said retirement fund shall consist of the following, wltli the Interest and income thereof: (1) All money, pay, compensation or salary, or any income thereof forfeited, deducted, re- served, or withheld for any cause from any member or members of the teaching or supervising staff of the public day schools of the city of New York or of the normal college and training department of the normal college of the city of New York, or of schools or classes maintained In - ^ institutions controlled' by the department of public charities or by the - ; department of correction, In pursuance of rules established or to be estab- TKACH EBS: KBTPL0TME5T, BTC. 161 Killed by the board of education, or by the board of Vmptfw*c n# fka Z^X,Z e 2* °, f ? 6W Y0rk ’ 0r the comml^ne^f pub^c parities, or by the comm Iasi oner of correction for schools or classes maintained by sneh commissioners respectively. The auditor of the board ?i f «^nm at | 0I1 i tbe a 5 dlt ? r . of ^ of trustees of the normal college. n l ^° nor °, f t ,ub c charItl ^ «nd the commissioner of correction *^ L Certlfy .Si° Dth the com P troII ^r the amounts so forfeited, de- ^him e h^ r f BerV ^i 0 r w ' 1 l * lliield during the preceding month. Said utabunts shall be turned into the said retirement fund. (2) All moneys* received ftn Mo, .one lo ill, city of ,->w To* .Ja'dtrtvXj'Slv £ to any commissioner of excise or public officer from tho pe 5 e .v ed by Ibe'chv or 5? 'ST Ihorlzing the B?nnt°ng’of"uoh ’iteCVnZirfreron 7 *^T) °0 Je'® aU ' ancl training department of Uie normal college of the city of Newport? f^/m^ 011,1 year, and the amount deducted from the snlnrr «*«? arS , ^ ny olfleinl. in this manner, simll not exceed fortv dninfr. f . nDy 8U l*‘ rv,Bln g ^7““""* ™>rrrXi ro!t^\rie c ££ a f S°“ i ? withstanding the minimum salaries provided fnr hr Q,v)ti payroll, not* and ninety ., ne of the (dnirter almll h^. .„h/ L by 8 f CtlOQ ten hundred .n.-o’rue a * «ome eligible for retirement nndpr Person shall have i>e- ?i:sr rsr Hr ? r ™ - wfthWI ™SS be refunded nfter that date/all excise* ?“ ® xc,,8e of absence, four which may have been ieditad tn f»nH* n,ll0t f°n himd red and and all interest for nln^ nTund^S e ° n ?t bofore tllat date, « ppa rcsir 5 - The three last-named members shaMbe tSaefollo^s n„ I Thursday of May In each year the principal* assistants to prinSrtT^d > 8470 — 09 — -11 i ?• ;C y • i \t \\ - t— Sim r . . ii i*. ■ i M i U> I . m» 1 8TATB 8CHOOL SYSTEMS : l^fiOISLATIONj ETO., 1P0&-S. teachers In each district shall meet at the call of the district fcupenln- tendent, which call he shall issue at least one week before said meeting, and at a place within the district designated by him, to select by ballot one of their number as district representative to Berve for one year. At the close of said meeting, the presiding officer shall transmit to the secretary of the board of education the name and address of the district representative so chosen. The district representatives shall meet at, four o’clock in the afternoon on the third Thursday of May at'the hall of the board of education and choose by ballot one of their number to serve on the board of retirement for three years from the first day of the following June At the first meeting of the district representatives after this law takes effect, they shall choose by ballot three of their number to serve on the board of retirement, and the three so chosen shall by lot fix and determine their terms of office as one, two, and three years re- spectively. Should a vacancy occur among the members of the board of retirement so chosen, the district representatives shall meet and choose by ballot one of their number to serve on the board of retirement for the unexpired term. On the recommendation of the bonrd of retirement, wild board of education shall have power, by a two-thirds vote of all its mem- hers, to retire any member of the teaching or super vising staff of the public day schools of the city of New York, or of schools or classes mnin- "talned In Institutions controlled by the department of public chn Titles or by the department of correction who Is mentally or physically inca- pacitated for the performance of duty, and who has been eugagod in the work of teaching or of school or college sujiervlsion, or of examination of teachers for licenses, or any two or . more of the several kinds of work, for a period aggregating twenty years, fifteen of which shall have been in the pnbP 0 duy schools In the city of New York, or In schools or classes maintained m Institutions controlled by the department of public chari- ties or by the department of correction. And the board of education mny retire from active service any member of the said teaching or sujht- vlslng staff who shall hnve attnlnetWhe age of sixty-five years and Khali have been engaged In the work ofVeachlng or school sujiervislon for a period aggreguting^hlrty years. On the recommendation. of the board of retirement, the board of ed neat Inn Aim 11 have i>ower, by n two-thirds vote of all Its' members, to retire upon his or her own application any member of the teaching or sujiervlslng staff of the public day schools of the clty of New York, or of schools or classes mnintutned In Institutions controlled by the department of public charities or by tiie department of correction who has been engaged In .the work of teaching or of school or college sui>ervl8ton, or of examination of teachers for licenses, or any two or more of these several kinds of work, for a period aggregating thirty years, fifteen of which shall have been In any of the said Institutions. , The said bonrd of education shall also hnve jaiwer, by n two-thirdR vote of all Its members, and after recommendation to that effect shall have been made by the hoard of trustees of tlje normal college stating that the rnWnber of the sui»ervlslng or teaching force Is mentally or physically Incapacitated for the performance of duty, to retire nny member of the teaching or supervising force of the normal college or of the training department of the normal college who shall have been engaged in said ■ normal college or training department or elsewhere in tile public school system of the city of New York for ten years and shall hnve been 'en- gaged In the work of teaching or of school er college supervision or of examination of teachers for licenses, or any two or more of said several kinds of work, during a period aggregating twenty years. The said board of education, upon the recommendation of the trustees of the normal college, may also, In Its discretion retire nny member of the teach- ing or supervising force upon his or her own application who shall have been engaged In the vyork of teaching or school or college supervision or examination of teachers for licenses, or any *two or more such occuj>a- tlons, for a period aggregating thirty years. Upon such retirement, whether voluntary or otherwise, the person retired shall be entitled to receive an annuity out of the teachers' retirement fund of not less than one-half of the annual salary paid to such person at the period pf retire- ment, and in case of the president or of a professor to such an additional sum per annum as will Increase such one-half of the salary previously paid if not an even multiple of one thousand dollars to an even multiple of one thousand dollars. Any person retired under the provisions of this TEACHERS : EMPLOYMENT, ^TC, Jgg !f~»“ .s'Sssivrs.st'K ? tpflohpi* or principal, tlie sum of fifteen hundred dollars' ner annum & vP'Jr z; r f i 5 t o P ?he .nnnid ty ^Trovl'ded K "* ‘*£ total number of year, firs, day of September. The number of ™ a .^n 0 " “* ■■ **■"• .u'^cXorir^^^rt x h rH.i ° 0 f f rSei; h ^r of e iiiliPsSHi as pmliibltliiK the reap, Ointment ^oXueXt^Xh” 8 b ^rT> 8trUe<1 annuity of said iK>rson shall be discontinued Tenure V,"V f the rho 1 !, o! >n ;‘t of ' P Uh’nc n n rT,‘, o 1 ." oTlo’- 11 1 h fde^n ‘ 't^* 0 '! 8 4"^° ' ^ ^ slinll he appointed by the commlMlnne!?^} fhe^Ste l°.^n Ji 1 »*• partmont of education through such roprescntativp« d f" swas? *“ ’"“““ ™»S""'vs«ts: C’hn p. 167, Apr. 18, 190?. ^ Nr " '' opk: Establishing n retirement fund for the pensioning retired rT' t0n ''"" r .’'' R hl’ < ’rlnte.irtntendents. suimrlaors, and heads of high school depart- incuts of the public school system of Schenectady. Chap, lifl, Apr. -13, 1008. SW- NC " ? ° rk: E *" bn i sl,ln * * r °" n ' n "' nt fund for Pinioning teachers, super- ' su|ierlntendents, etc., lu the school system of WatervIlet.O Chap. 140, Apr. 10, 1908. D m ' hVJJhJ 1 e 9 °°! 1 ? ne who8e name was 00 ,he teachers' roll of a city school district for twelve years, but who was not actually enraged in tradhlM itXt^ lnK n1 U °/" UCh perlod - * substitute^ taTlSrSIta mTSS at one time, will not be entiled to a pension under tbe act of 1000 (04 mm 4 SS7 M 4 84 arAtE bcho<£ srsraiffi : usbretATioN, etc., mas: Ohio Laws, p. 305), providing for a teachers’ pension fund for those who have taught for twenty ytjars. and for twelve years In shch district. — Venable v. Schafer, 2S Ohio Clr. Ot. R., 202. D 890. Ohio (1906) : Equity will endeavor to restore everybody who has acted under favor of the provisions of an unconstitutional net of the legislature, to his rights and their, former statu quo; hence, the teachers* fusion fund law of 1900 Jiavtng been declared unconstitutional, one who hud • paid assessments under Its provisions can recover the some, with in* terest, although he has no redress In the way of enforcing the provisions of such act. — Venable v. Schafer. 28 Ohio Cir. Ct. R., 202. w D 801. Ohio (1900): In construing a statute a word should not be given n limited or specialized meaning unless suob moaning is made by legislative enactment; hence, In the act of 1900 (94 Ohio Laws, p. 305), relative * tu the teachers* pension fund, the word M teucher,” not being specifically restricted In Its meaning, will comprehend within its purview such in- structors as shall have spent a part of the time required in teaching In schools not Hiipimrtetl hi whole or In part by public taxation. — Veihibh- r. Schafer, 28 Ohio Clr. Ct. It., 202. v 892. Pennsylvania: .Emimworlng boards of scliool directors, hoards of schoul • controllers, and central boards of education. In school districts of the second and third class, to establish and administer a teachers* retlre- . inent fund. “ Section 1. Be it enacted, etc.. That the Hoards of School Directors. Boards of School Controller^, and Central Hoards of Education. In school districts of the second and third class, 'are hereby authorized mid em- powered’ to establish ami administer a teacher's. retirement fund. The* ' said fund shall consist of all funds pvnilahlC for like purposes at the time of the enactment (>f this law, together with such additions thereto ns the Hoards of School Directors, Hoards of School Controllers, or Central Hoards of Education may, from time to time, prescribe, and su.h moneys ns may be donated or bequeathed, for suck purposes. " Sec. 2. Any teacher, princhml, or sit|>ervislng official, retiring with the consent of the Hoards of School Directors, Hoards of School Con- trollers, or Central Hoards of Education, shall receive from the said fund such annuity as the Hoards of School Directors, .Hoards of School Controllers, or Central Hoards. of Education may preNgrlbe.” Act No. IGtTSsMny 2d, 1907. 893*. Rhode Island: Providing for the pensioning of school tenclib ** Section 1. Any i>erson of either sex who on the passage of>tds act o; thereafter shall have reached the age of sixty years, and who foMhlrty- five years shall have been engaged In teaching as Ills principal occupation and have been* regularly qmployod ns n teacher In the public sclmolkor in such other schools within this state as are supinirted wholly or in prt\l by state appropriation and are entirely managed and controlled by the state, twenty-five years of whhh employment, including the fifteen years Immediately preceding retirement, shall hare been In this state, may at the expiration of a school year, unless bis private contract with his employer shall otherwise provide, be retired by his employer or volun-t tartly retire from active service, ♦and on his formal qpplication shall receive from the state for the remainder of his life an annual pension equal to one-iialf of his average contractual salary during tlfc last five years before rdlrlug, but in no case shall such annual (tension be more than five hundred dollars : Provided , liowrcrrr, that no Ritch .employment ns teacher within this state after this act shall be Included within Its provisions, unless the teacher shall hold a certificate of qualification , i . Issued by or under the authority of the state board of education. ** Sec, 2. The state board of education shall make all needful regula- tions for Issuing certificates of qualification and carrying Into efTect Uie * other provisions of this act not Inconsistent with the act itself, and shall * examine Into and determine the eligibility of each and every applicant to receive a pension under the provisions of this adt ** Sso. 3* Fbr the purpose of parrying this act into effect the sum of ten • thousand dollars or so much thereof as, may be necessary Is hereby Appro- priated out of any jnoney In the treasury not otherwise appropriated, p in* ■ t- 1 ; ■ ^ i a-'-. -i, V- va? S . - a ,—. , . i' ^ 4__l ^ TEACHEB8: EMPLOYMENT, ETC. 165 and ttestate Budttor Is hereby directed to draw his orders on the general treasurer In favor of such persons and for such sums ns shall be certified {his net ^ e b0 “ rd ° f - ed,,Catlon - *«“«»"» to the provIshmsTf Sec. 1. This net shall take effect on the first day of January, IPOS," Chap. HGH, Apr. 23, 1907. (Jau. 1, 1908.) 891. South Carolina: Amending secs. 1 and .9, act No. Ml. Acts. 189S relative to the creation and disbursement of a public school teachers' retirement fund in flic city of (Hinrleston, * rmyidlnsr for « nwrvntlnn of x [>er cent ctf jg -ross income nf the sj*vin school fund jund on tho 1 mill tax on and after danmirv 1 pm> 7 l rovullnj; for use of surplus fund, * ’ *' ' Act No. im, i>. T-fo. Keb, 7; 1007. Si,r ** rrovi,I,n £ for retirement of public school teachers, Sixtiox 1, r I lint nj>on the written request of n ntaiorltv of the tench ers in nuy city of the first or second class, or of nnv n^ntv cxSe of (Hies of the first and second class, the Hoard of Kdiirn’rinn nr tho lsT , 7T Sh| ! m " , H d V ,U " u,, '" rl *« «"> oritaHlzatlo , o{ a Pul He School I Pilchers Itctircincnl Coinniisslon / • c "Sivc. 2. Said con, miss shall ho contused of seven mcinhcrs * . (at *hree lumbers selected Uv the )>etitioninj; teachers or hv the meniliors of the Retirement Association after urbanization is perftvted * hi 1 he SiiperlnttiHleiit of the city or county, and tho le, t'-firk of tlm I oard of Ivdiiontloii, If In a cltf, or the to) Cntmtv t'lcrk 111 coontv crgniiizat Ions, mid id) two members selected h.v the lioard of Education from their men, hers In districts of the first or second elass, or Id) • {mstr'whMn'H::!"^,;- ,lK> n " ,my l,, " rr»' Hetlreinent ( 'oinnilssion I U, ' lri1 of H, Incation or np|.nintcd by the Superintendent shall sene for t wo yen rs, except In organizing, one shall he,' sc or appointed for one year and one for two venrs, dating the term „f Jdliee from the first M.mdtiy of the prowling l-Vhniary: and the men, a .■ , insen by the |iel It toning teachers or the nioinlieVs of the Itctlre- Iiicnt Association shall tic chose, for n term of throe vears. exec it In " g.mlzliig, « lien one shall he ehosen for one year, one for two rears . ml one for three yours, the term of office dating from the first’ Mon- d.-n of the preceding February. except when first organtzed wl ch TL ‘7 V" P !" "'if ", m ' ,l " rl "« »•<• Jw; the elective ntenh^ shall he M " Im tween the first and twentieth dues of Jntniarv and shall take ''thee oil the First Monday of the sumsa^ng rehrit.try sec 3. I lie members of the Itetircment Coitintlsslon who tiro chosen from rite teaching body shall be elected at t) meeting call, at hv he superintendent of the district or of the eouutv. who shal e tttse * serving within said district or county to ho uotitUal Tu • " tj 10 tlmo and place ot Huch an election. . 4 * Ilw * ofl ) (>orH °* the Retirement (Vmmls>don shall qualify hv «n,'{v :i;:i su r rl1 ^ i """ ,,f ^ "■»* «»>« «u.. e «"!!!? 2 con Li ! f ! nS0H ° f fl VH 1 (J,,nc . v 111 tll( ‘ ^Iwtlvo membership of tho n o n r l t vaCllm ’ v Hlm11 1,0 the uiiexplred term bv v 4 °° n IliemlM ' r fmm tb, ‘ btHiv tl,lU the out- “ Sko. fi. The Retirement Commission hIhi lf\irffaui 3 so hv oloctlon from n»d r .m«? i r, 0 rPWl4ln,t a,Ml S ^rotury. who' shall ser*Vfi7!me rZ and until the r successors arc chosen ami The rommlHsioiiorH Hhnll serve without eonu>onsjitIon, except the Sorretarv. who nmv In tho 011 of - th0 Commissioners, rweive not to o\<*epil fifty dollars per annum for Ills services, “ Sec. 6 The Treasurer of the Hoard of induration In cities of the first * funds^nf C £ 8 r, or 0f tbe county 8haI1 be ,he ex*omcio tnmsurer of the umdR °f the Retirement Association, and his official bona ns fixed hv the „ o^ n °^ 7 i ^ 1 / >flt L 0n ar ^2 un ty sRall cover the moneys In suid fund. 7 / fuild8 of th « Retirement Association shnll be of two classes : (a) Permaaent and (b) Current Fund. Tbe treaawe? ahTu * , Uhl' 466 STATE SCI SYSTEMS: LEGISLATION, ETC., 1906-6, » pay out money on warrants-slgned by the president and secretary of the commission. He shall have charge, under the direction of the commit; sioners of the investment and management of the Permanent Fund, but the Permanent Fund shall be invested only in State, County, school dis- trict or municipal Improvement securities within the state of Vtah. *» s EC . 8. The Retirement Commission shall keepa record of all the pro- ceedings and a record of all money received anV^aid out; all of which records shall be open for public Inspection. It shall also make such re- ports from time to time to the dtnte superintendent of public instruction or board of education or t>oard of trustees ns may be requilled. '* Sec. 9. When a board of Retirement Commissioners bus been duly organized in any district or county, the sui>erlntendent of schools who has charge of said district ot county shall cuuse each teacher within said district or county to be notified of the faf't, and he or she shall, , within thirty days, thereafter, reply in writing, accepting or declining membership in said Retirement Association. In case a teacher declines to become a member, he or she may only become a member thereafter by a two-thirds vote of all the’ commission and payment of all back dues, dating from the organization of said Retirement Association. All new teachers accepting employment under the board of education or trustees In any county subsequent to the organization of a Retirement Associa- tion within the district or county may contract and agree to the provl ’ slons governing membership in said association. “Sec. 10. The income of the Public School Teachers’ Retirement Asso- ciation shall be from the following sources : “ (a) All teachers In the employ of the Board of Education or Boards of Trustees at the time of the organization of said Retirement Associa- tion and wild have become member# thereof, and all new teachers entering the employment of the Board of Education or Board of Trus- tees, shall have deducted from each and every payroll in payment for services one per cent of the face of wild payroll, and the amount of said deduction shall be certified by the Clerk of the Board of Education or Board of Trustees monthly to the treasurer of the Association. "(b) All amounts deducted from teachers’ salaries on account of absence through sickness not to exceed five days in any one year for a teacher; Provided , that by a special resolution the Board of Education or Board of Trustees may, on account of a shortage of funds, wltbh ’d the payment of said deductions out for a period not to exceed one year at a time. All deductions bel nglng to this fund shall* be certified to monthly by the Board of Education or Board of Trustees to the treasurer of the Association. 14i “(c) All moneys received from donations, legacies, gifts, beqnests, or otherwise for or on account of said fund. *' Sec. 11. The first two sources of income, viz, *a ' and ' b shall con- stitute 'the Current Fund, and the third source viz; shall consti- tute the Permanent Fund, unless specifically stipulated for the Current Fund in the donation, legacy, gift or bfequest. No portion of the Perma- nent Fund shall be available for current expenditure, but the Interest thereon shall become a part of the Current Fund. •• g£c. 12 . There shall be two classes of beneficiaries under the Retire’ meat Fund, viz, Class ‘A’ and Class *B.' * Class A. On the recommendation of the Retirement Commission, the Board of Education or Board of Trustees shall have in>wer by two-thirds _ vote to retire any member of the Association who is mentally or physically \ capacitated for the performance of duty: Provided, said teacher hns Loght in the district or county In which said district is located for at least ?e years, and whose term of service shnll nggrpgate thirty years, whether /nefore or after or partly before or after, the passage of this act. Each ' teacher sa retired shall be entitled to receive os pension an annual salary equal to one half of the average annual salary drawn by said teachers for the five years preceding retirement, but in case his or her years of teaching shall not aggregate thirty years, he' or she may be temporarily retired and shall be entitled to as many thirtieths of the half-salary as his or her years of service -are a part of thirty. Any teacher who has been retired under this class and who recovers his or her mental or physical powers sufficiently to teach or earn a livelihood in some other manner, in the opinion ot the Medical Inspector of the Board of Education or TRACHEBS : employment, etc. 16 V m Boara of Trustees, or of a physician selected by the Retirement Com- missioners In ease there Is no Medical Inspector designated shall cease to^taiitaa-fliHjulty under this classification ' ( ' la88 H - Ati i' uieujber of the Retirement Association who hns taught In r, -niu e#r Ai 0 ^?’V 1 J r ?i 0f . whlCh ,luu ‘ h " 8bet ““ In the district or county in which said district is located and who hns reached the age of sixty iooi^n L ', ,',." |K “' . b "! ° r her n><,ut ‘ 8t ' or "l' on 'he recommendation of the Retirement ( on.in ssloners nnd a two-thirds vote of the Board of Kduca- tlon or Board of trustees, without option, be r.laced u|>on the retired list and shall he entitled to annual salary equal to one-half of the average annual sulary of the live years preceding retirement. "Sec, 13. Provided that any teacher who is retired under the nro- v isfhns of either class hV or IV nnd who at the time of retlrenmnt lias not paid Into the Retirement Fund a sum equul to one ]>cr cent of the entire salary received for the previous years of service claimed shall have Bitch an amount deducted from his or her annuity ns slum 'equal he amount .aril due. This deduction may. in the discretion of the Re- tirement Commissioner, be distributed over a period not to exceed three .\ears Any teacher may, at the time of becoming a member of the association, he credited in full for all back payment covering previous 3 wirs of -service claimed by paving one-half of one ivr cent of ail salaries earned during time of service claimed. Anv teacher who Is a m cm l»er of a Retirement Assoeiatimi in the State of Utah .and who ac- cepts employment in a district or county outside of tlm hounds of m or lier association shall, within thirty days tJierenfter. select whkltfof two ways in* or she prefers to continue his orler membership . ' \ *1. A transfer of membership. *>r /. j “ An absent membership. - y m, ‘ ntlo " ( '» 1 ls selected the secretary of the commission Rlml All out on n |m|K>r form n report covering the necessary data con- cerning si, ,d teacher, which report, with the onc-lmlf of the' ngvomt of the money paid Into the fund by or on account of so 1,1 teacher lis herein- after provided shall be accepted by any commissi,,,, in tbe^a.c ,,s a complete record nnd payment of back dues of such teacher " If the second method is chosen a teacher may continue Ills or her membership hy volunfnrlly sending annually to the secretary of the association the one- per cent of his or her salary ps certified in l,v the ‘ * or,v of the itonnV where ho or she Is employed. ti *’ SK ', 1 , 4 ' 'V 1 '' t ' < :!! <,|,or,llsn,lfif<(Nl fr ,,ul I lie service of t he Hoard of Kducn- tlon or Board of trustees ftir onuse slialj he entitled to a refund of all “ J - ' v ' Ulo ! ,t Interest, paid Into the retirement .fund bv said teacher Unn^i' Af “'ll vol,,l " arll . v l withdrawing from tho services of the Board of Kdiieatlon or Bonn! of Trustees simll he entitled to a refund pf one- Imlf the amount paid Into said fund hy said toucher, provided refund ° ap|,llontlon ,n . writing within three months for .the “Sec. 15. in case of the death of a member of the Retirement Associa- tion the estate of on id lonelier shall lie entitled' to a refund of the total a mount pftid into sold fund by wnld teacher, “ Ski ' 1 ,°- . ,f at nr, y time the funds of the Retirement Association are not sufficient to meet the nnnnltles ami refunds hereinbefore specified each nmmitnn. and claimant shall tie paid pro rata ills or her propirtion of Uie funds thn£nre available. 17 *i ^ h \ tor . m ‘Heachor” ns used througtarmt this bill shall in- - (unde Riiporintentb nt. ertpervlsors. principals, nnd tom* hero S * c ; 18 ; The Retirement Commission Is empowered to adopt such ml- d tlonnl rules and by-laws fbr tho carrying out of the provisions of this bill as nro In harmony with Its Intents and pur|K>ses.** - Chap*lll, Mar. 24, 1907/ Virginia: Providing a retirement fund for public school teachers, “l* Ue 11 enacte<1 by the general assembly of Virginia, That whenever any person, not including suj>erintendents, has taught In the public L^ ate aa aggregate of twent y years, if said person has S. am 1 S5 2 ^ re 5l? rd 2 nd by rea 08 lt the same with the State treasurer. All amounts, so received shall be placed by the State treasurer to the credit *>f a fund to be called ‘the retired teachers fund,’ and an accurate account shall bo kept of nil funds so received. “3. Appropriation.— The sum of five thousand dollars per nunuui. so much thereof ns muy lie necessary to carry out the purixises of this net, is hereby appropriated out of any moneys in the treasury not other- wise appropriated, to carry into effect the provisions of tins act. The suld sum shall be turned over to the State board of education niqj dejHislted as aforesaid with the State treasurer to he placed to the credit of the fund created by section two of this act. • "4. Legucfe$, bequests, et cetera,— All legacies, beqm^ls. and fmnN derived from devises for the benefit of teachers under this net shall be paid over to the State board of eduentlon and shall be by it translorred uh aforesaid to the treasurer of Virginia, to bo Placed to the credit ot the fund provided for In section two of this act. “5. The State board of education shull be permitted to Invest the cajdtnl aud unappropriated Income of said ’retired teachers’ fund.* ns provided In the eleventh subdivision of section fourteen hundred and thirty-three of the Code with All the powers of Investment or reinvest- ment granted by said section, ami all securities belonging to said land shall be deposited with the second auditor for safekeeping, who shall return with his annual report a list thereof with a statement of their value, ** 6, What itcnslons to be paid. — The State board of education shall quarterly, on the tlrst day of January. April, July, ami October In einii 4 veur issue Its warrant on suld fund signed by the president and secretary of said board as follows: A warrant shall be Issutnl to the sworn 1 auditor of Virginia for the benefit of each ]>er«m whose name has been placed on said list for the quarter immediately preceding the tlme.uf payment for a sum equal to one-eighth of the annual salary earned by such person at the time he or she was placid on such list. And the second auditor shall issue his warrants to said iwrsons accordingly. In no event, however, shall any quarterly pension exceed the sum of one hundred dollars, except that principals of schools may receive ns a quarterly iJeuslon as much as one hundred and twenty-five dollais. In the event that the available funds shall, In the Judgment of the Stab* board of education upon gi prudent and equitable appropriation of the same for an* quarter, be Insufficient to pay all pensions due for the quarter to the full amount thereof, then the some shall be paid pro rata, , according to the amount of money that Is available ns aforesaid. “7. The State board of education shall see that proper arrangements are made for keeping' an accurate account of all motiey h received , in- vested or disbursed under this act, and the superintendent of public Instruction shall Include a full statement of all the transactions of said fund in his annual or bis biennial report The State board of education ‘ shall require proper and sufficient bonds from the person, or persons, TEACHERS V EMPLOYMENT, ";t charged with the management or custody of said funds, except in the ‘ cases of the State treasurer and second auditor, whose official bonds shall 5 cover the said funds; for the proper application of which they and the sureties ou their official bonds Bhall be liable.” Chap, 313, Mar, 14, 1908, i S97. Wisconsin: Creating sec,. 923— xx, Statutes,, 1S9S, providing for a public school teachers’ retirement fund in cities of the lirst class ( Milwaukee), "Section 923 — xx. 1. Two female teachers, two male teachers nml four members of the board of school directors, in cities of the tirst class shall Constitute in their respective cities, u board of trustws for the liuriK>se herein set forth. The teaclters who shall elect to enme under the provisions of this act shall hold their first an'imal meeting on the first Saturday iff October, 1907, and shall elect by ballot one female teacher j who shall hold office for a term of one year, one female teacher who shall Isold office for a term of two years, one male teacher who shall hold office for a term of one year, and one male teacher who shall hold office for a term of two years; and a majority of all the votes cast shall be mvessary in each case for an election. Such nu*eting shall be railed by the secretary of the school board by giving due notice to nil such teachers of the hour and place where the meeting shall bo held. Annually, thereafter, at n meeting dwly called by the hoard of trustees on the tirst Saturday of October, one female teacher and one male I • teacher shall Ik? elected In the same maimer for a term of two rears. The hoards of school directors of cities of the first class shall, at' their regular unvoting in Ootoi>er, 1907, elect two of their number to he mem- bers of the hoard of trustees for a term of one year, and two of their number to be members of the board of trustees for a term of two years; « and annually thereafter, at their regular*. October meetings, the fionrds of schttol directors shall elect one of their nunilxn* to be a meml>cr of the board of trustoes for a term of two years. me board of trustees sliall organize within ,ten days after the regular October meeting of the j board of school fllrectors by the election from their members of a pres- { blent and a secretary, and may adopt rules of order not Inconsistent * with this act. In case of vacancy, the board of trustees shall, within ten days after Its occurrence, fill the same for the tmexplred term, ** 2. A teachers’ retirement fund is hereby created in cities <»f the 'first class, and the fund shall consist Of: A permanent and a general fund. “The permanent fund shall he made up of gifts and legacies specific- ally given to said iieriuanont fund, and the Bums set apar t t by the hoard of trustees, “ The general fund shall he made up of; * ' " <«) Olfts and legacies not specifically given to fftld permanent fund. “ ( 1> ) All amounts' retained from salaries of teachers under the provi- sion of tills act, and the interest derived from said i>ermauent fund. *' (c) The hoard of school directors in cities of the first class may pay out of the school fund Into the teachers’ retirement fund u sum not to exceed one j>er cent, of the gross receipts raised by taxation for school pur]K>ses* 44 (d) All moneys obtained by such other methods of Increment ns may he duly and legally devised for the Increase of said fund. , “The general fund may be drawn u|>on for the purihw of Oils act hy snld hoard of trustees. . 4 44 3, Said hoard shall have control of the retirement fund, investing the same only In such securities bb savings banks are authorized hv law to j Invest In. The board shall receive and consider all applications for annuities under this act, and when in their opinion the best Interests pf the school ur£ served hy the retirement of the applicants, shall determine and direct payment of the annuities. The board shall keep full and com- . 'I plete record* of the receipts and disbursements of fills fund and a. . complete list of nil annuitants, and shall make a* report of the same nt ■ each annual meeting of the teachers in October. All necessary expenses incurred by the board in carrying out the provisions of this act, shall be ’ paid out of the retirement fund, in accordance with the votes of the board. \ The members of the board shall serve without compensation* Whenever any member of the board shall cease to hold a position as member of the * STATE 8CH00L SYSTEMS : LEGISLATION, ETC., 1906-8. board of school directors, or ns teacher in the public schools, bis or her membership in the board shall tlieceupon cease. "4. The city treasurer shall be the custodian of the retirement fund, and shall make payments therefrom as ordered by the hoard of trustees. v “5. Beginning with the monthly payments in November. 1907. the hoard of sehool directors shall reserve from the salary of each teacher who has come under the provisions of this net the sum of four dollars t$4.(N)). and from every monthly payment thereafter for a iKTiud of twenty-five years, shall resene the sum of two dollars and shall pay the sums so reserved Into the school tone hers’ retirement fund, as 1 Herein pro- vided. '* (J, The city treasurer uihui the urder of the hoard of trustees, shall payout of said retirement fund. In monthly payments, such an annuity to any teacher who shall retire from tin* service of tin* city, as the fund will allow, jj^d said hoard of trusties shall determine ; but in im r:ist’ shall a teifWrr receive sneh aumiity unless sueh teaelier lias taught for twenty-tive years, and for at least fifteen years hi the public schools of the city or cities to which this act applies, except hs hereinafter pro vlded. *’7. All annuities granted by the board of trustees under the provi- sions of section six shall he uniform In amount (except as provided in section eight of this act. " S. No annuity shall he paid to any teacher until such tonoher shall have contributed roihe general fund a sum equal tool! the assessments for twenty- live years, to- xvi t ; live hundred dollays. Should any t(*acher retire under ,s«vt Ion six and he unable to pny tin* full amount of assess- ments as ahoVe specified. the hom’d of trustees shall pay to siu.*h retiring teacher an annuity directly proportionate toHhe amount of money paid l>y such retiring teacher into the public school teachers’ retirement furtd. \ **P. Any teacher who sliall have been a contributing member, who alia 1 1 retire from the service, not being in receipt of an annuity, shall. an application 1* made within three mouths After date uf bis retire- ment. rocehe one- half of the total amount paid by him into the retire* incut fund. " Id, All annuities granted under the provisions of this act shall la* exempt from attachments and garnishment pixteess, and no annuitant shall have the right to transfer or assign his or her annuity, either by way of mortgage or otherwise. ",11. All elections or appointments of teachers by the hoard' rtf school dictators shall be subject to the provisions of tills net, and all such elections and appointments Hlmll be on probation; hut on a successful probation of four years the election or apitoiut ment shall become per- manent during onieleney and good heliavlor. No toucher who Is a con- tributor of said fund, ami whoso position has become permanent by virtue of successful probation* Rhall Im* removed or discharged by the * board of education except for cause ui>ou written charges. 'Hie teacher shall receive n copy" of such written charges iU feast three days lief ore the hearing thereof. '"** "12. This act shall he binding on all teachers ’employed in cities of the first class at the time of Its enactment, who shall thereafter elect to oome under its provisions. Notice in wrlUug- to the nu|>orlntinfdont of schools shnll constitute such election. A iTt cachet's not employed in cities of the first class at the time of the enactment of 1 1lls law, whomiay be elected or appointed subsequent thereto. slml> be hound by theqtro- ‘ visions of tills act, when their respective apjiuiuLmcnts shall have become , l>ermanent as herein provided. "13. The term ‘teacher’ in this act shall Include all Hii[>erintemiontR, principals, and regular instructors employed in the public aofeools of cities of the first class, provided, however, Hint tfle election or appoint- ment of the superintendent, the assistant superintendents,, and special supervisors shall not be uffeqted by paragraph eleven of thjs act.” / Chap. 453, June - 25, 1907, teachers: professional training. 171 G. TEACHERS: PROFESSIONAL TRAINING AND EDUCATION. , n (a) University Departments and Schools of Education. or tho biennium 1904— 1900 -legislation indicated a growing in- terest in tlio^H* institutions and activities established, for the higher educational instruction and training of teachers. The record fealmg chap. 211, Acts, 1905. .relative to establishment of. n college for the higher education of teachers ami enactlug^a substitute. ~ Appropriating $250,000 (formerly $25,000 annually for ten years) for the aaald Mlunent. support, maintenmur. mul use of the <;rgV Peabody Offtake for Teachers. an Instltuiion for tlH-diigher rdurntihn of teachers /or the Sou t horn States, the successor of tile Peabody Normal College, cribs iipproprintlon one of the conditions of the endowment of $1,000, 0Q0 to be provided by the trustees uf the IVabody Eduentlufl Fund. Chap. 19, Jim. 29, 11K)7. * (b) State Normal Schools. * Tho legislation wrth reference to the establishment of state normal schools in the Southern States comprises t lit* most important part of Mich legislation dm ing the two years covered. The enactments in • Alabama (899-90*2), Kentucky (909), North Carolina (912, 013) ^ and Virginia (919) /Ire the chief ones of these. Jhe establishment of a state norma] school in Arkansas (90*4) marks a new epoch in the educational history of that St^ite.’ The organization of a single board of regents for tho fiormnl schools of Oregon (917) and the institution of an investigation of the norma! schools of Vermont (918) are worthy of special note. Wisconsin '(921 ) continued J*er legislation of 1905 with reference to the new normal school at La Ccpsse by making a largo appropriation for the erection of a building. 899. Alabama: Amending st v. 2 of an net establishing n stat^tionnal school “ ^ for tile education white female teacliers and HtudeutfCht Livingston. Relating to uppolntments, , eoiniH)srUon. ihitles, . etc., of hoard of trustees. Act No. 9$ p. 107, Feb. 23, 1907. 900. Alabama: Amending sec. 3002. Code. lSOO^ns amended by act No, 187, p. 233, Laws, 1903, relative to apportionment of school fund. Increasing appropriations for designated normal schools from $10,000 to $15,000. Act No. 120, p. 187, Feb. 28, 1907. (Sec. 1761, Coder 1907.) m . •;«* ERiC I 'f: 172 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. GOl. Alabama: Establishing a normal school to? the education of wlilfe male and female teachers at Daphne. Providing for np|w>intmont mid rAnstitutton of Imaril of six trustees, and prescribing duties. Prescribing conditions of admission of students. Making iinnuul 111 »i >r« >intu t toil of $2,r>oo. Daldwiu County to furnisli building and grounds. » Act No. 291, 1 1 , 927, Mar. 4, 19"T. 902. Alabama: Establishing normal school for educutjnn of white untie and female teachers at Mouudvilie. * Providing for constitution, powers, and duties of board of trusn-es; admission of students; annual state tippropriatinri. iS2.~hh). pm- i i i mi It y to pro\ ide building and grounds. Act No. 72(1, ] i. Aug. 19, P»n7. iHia* U:i 1 1 Arkansas: Providing fpr tin* eStabl ishuient ami muinteunmv id’ normal school. "* — ^ H ('nutting the Arkansas State Normal School; providing fur n slum normal seliool board; lixing the term of odiee uf a i >| u damd nirinliers; making state superintendent of public instruction elmd-man of board; deth4ng powers, and duties of bo*ml ; pnoidiiig fm* free scholarships, in eaeli county : making tuition free To eitizeiis of the State only ami liv- ing ivrtain fees; authorizing hoard to issue diplomas -Inning the value of a professional license good for six years; reijuiring hoard to report biennially to the legislature: appropriating Sir>.i«m. Hoard tn renUe pnijMisitions and 'to decide upon Ideation of seliool, < iffers ni loeatiou to Include at least twenty acres of hind for a site and SI h hi fur Imildings. Act No. ;:i7. .May 1 1, pH n. 904. California: Authorizing traiisfeN^nf moneys from the salary fund of th,. e state normal school at San Francisco to the printing fatal uf said school Transferred funds to he available during 1!M>7 and d!»n;i for the pur- pose of replacing such pamphlets mid other materials, ileMmyed by the tiro of April, loot;, as were prepared ami used hy the family of said school in the training of teachers. Chap. ;ttii». Mar. Pd, I'.HtT. h 9or>. Connecticut : Providing for the erection of a building for the state uoruiu) school at NY i 11 1 ui: i n t io and making an appropriation therefor. Pudding for model ami practice 1 seliool; cost. $.*in,iNMi. Town of Wind* * ham to provide site and oue-third uf cost. < Special nets No. at Hi, Aug. 1, pmT. I> !MM». Florida f 190,7) : Ljiws, PHtD, chap- A9K-1, In expressly providing for a colored norma 1 school and n 1st) for a norum 1 depart ment to the Pul ' versify of the State of FlwrMii. and eonferrlug on tin* state board of education and state hoard of control, acting Jointly, authority to estab- lish and maintain ft normal department for the instruction of while female teachers -In the Florida Female College at any time it nmy-he deemed necessary, snltideutly compiles with *' boards of normal schools jkiwot to !ons<' mal purchase ro:il estate nr ;ui|nip» tin* same by condemnation. Authorizing tin* exani- iimtinii of mu -nuil-srliiMil students for tenHiors* ror4/ientcs in counties in which normal school is located, ami jinn iding for t Jn», Inins missing of examination papers and the giauting of certificate in another county. Chap. sa< 'fiuseMs: Providing for s< I at North Adams. 1 ■einlit inneil* upon coni rilmtion «»f f"r t cm .wars. Appropriating sj.r, i m i lucaiion in the state normal suitable land l»v i.-iiy for fjw use I'LL PI P.4 is. Chap. jr,7. Mai Nebraska : Repealing, anil reenacting with a niendnients. lllMi. Cob J/ey s Annotated Statutes. I'.Hi;;, relative to admission p n pi) K to state normal schools. I " i ’i Is ""^1 | << 'Ss< *s> at least a two years’ high school education or its iNjiiivaiem. Inceptions as Lgjuuhu/ normals and the summer sessions of the norma l .schools. / \ ^ J Chap. 12 7, Apr. A. IJK)7.. nith fNmdina: »*Vr rny/timnf N'V>. /{,$. North Carolina: \>rfonding sees. 11 Vj ; , ; „l lllSti Revisnl. Ipor,/ relal ive ' lo stati- iionna! schools b»r the- diluted rale. I iii-i easiu- number of director* Inmi live to six. and prescribing terms o| otlice. conditions of vacancy, and wrgnuizn t ion. Providing for super inirinltMit of duties. Makiu; equipment, mii! 'ored m»nual schools. Mxiin spoil l» annual appropriatii repairs. salary ynd ilclining Ins id sio.imV) fur bujldiugH, PI I. Dir.. Cliap. S.V1 Mar. 0, 1P07. I {'evi^d i ‘odes. HH1.V relative to lift* HMip. relative to the Pic. m North Dakota: Amending see. |0vj. oliji is iif imjanal schools. Cutirsc of stiidy shall in*l extend more that) ‘Iwn years hoy-mid the ei.inrsejif study ptvscrilitHl in a liiyrli school of the tlrst class. Chap. ion Mi, part). Mar. If) P.Ki". North Dakota : Amending sec 1 1 72. Kevhii) Codes, indust rial school and school for manual training. Name of s. hool changed b* State Normal and Industrial School <)b- ,m i. extended so ns to include preparation of teachers with spednl lefereiiw to nwmmJ training. f * Chap. -Ml . Mar. 1 &r 1 ( ,H)7. Nort Dakota: Referring to next legislature amendment to see. 21b, Const.. 1 SNP. * Normal seljnnl established at Minot-. ' I*. 4% Mar. It, MKT7. Oregon : Repealing sees. :M71 to :i*m'sooR. .‘Mf* to;#*). sees. to :L*iOT, relative to styte/ionual schools. and enacting substitutes. •Vladishing the several cxjsting normuVschool hoards and creating n Imard of regents of normal schools: iVlhdiig |K>\ver#nnd duties of bittrds. Prescribing uniform course of study* for normal schools. Creating board, of visitors for each normal school. Authorizing establishment of model t^’hools. Chap. ISO, Feb. 25, 1007. . 1 1 ' ■ ^W^H- '»*■# :i^ V*.*WW*M- V!!-UJJ>J J,£W 174 STAlTB BOBCOOL SYSTEMS : LEGISLATION, ETC., 1906-8. -• 918. Vermont: Relating to investigation of normal schools, “ That a commission consisting of five members, to be appointed by the governor, is hereby created and empowered to consider the present status and equipment of the normal schools of the State, to compare the . same with the normal school facilities of other States, and to report to the general assembly at the biennial session of 1008 their fiudlngs and recommendations by bill or otherwise. Said commission Is emi>owered * to call' for and examine persons, books and papers, in relation to the nornyil schools. *' Said commission shall serce without pay but the auditor of accounts shall draw orders on the state treasurer for the uecessary expenses of the members of said commission in pursuance of the purposes of this resolution.” Jt. Jtes. No. 500, Dec. 1A, 1900. 919. Virginia: Relating io the establishment of state normal and industrial schools for women at Harrisonburg aud Fredericksburg. y Appropriating $75,000, and providing for supervision, umnugefiient, >. and government by boards of trustees. I’rescrlbiug t»owers and duties, ■ conditions of admission of pupils, etc. ^ Chap. 384* (Gen. Approp.),T'- 428 , Mat. 14, 190S. 920. Washington: Relating to the model trnWSlng scluyl departments of normal schools, authorized by sec. 2550, Annotated Codes and Statutes, 1897. Providing for the attendance of pupJIs'upon spoil schools, for reports of attendance, and for apportionment of state scnool. funds. Chap. 97, Mar. 11, 1907. 921. Wisconsin:, Appropriating n certain sum of money to the normal school fund Income to bulld-a formal school at La Crosse. > -Regents to erect a normal school nt'Ii Crosse: appropriation, $210,000; plan and contract subject to approval by the governor. Chap. *299, June 21. 1907. m- (O^County and Local Normal and Training Schools. In- all grades of public schools the greatest demand of the present is for mote and better trained teachers. The demand for qualified teachers in villages and cities has in the great majority of States greatly exceeded the supply of,graduates from the state normal schools and other, schools for the professional training of teachers. But no- where is the need more pressing than irr the case of the schools of rural districts. Even^ witljpuV this e^bess of demand, the difficulty of making th^tetfehers 1 position in the rural school, under the existing conditions of meager compensation and sociaf isolation, desirable to those completiij^ the longer and more complete training* courses^ of tl\e state normal schbols, has long been recognized. Certain States ' have attempted to meet directly the need for better rural school- teachers through the establishment of “ county normal schools ” or 4t county normal-school training classes,” where the ^students, who otherwise would go directly into the work of teaching, are given one year, more or less, of special graining calculated to fit them for . ^mpre effective service jn the rural schools.. Wisconsin has been onp^ : of the leaded in thfr movement, and the success of «the plan in that V '• *y TBACHEB8: PBOFESSIONAL TEAIHINQ. State is borne out by the recent enactment (927) increasing the num- ber of these schools from twelve to twenty. Nebraska (922b) has a somewhat different plan for supplying a minimum amount of pro- fessional training. The amended measure in that State is testi- mony of the effectiveness of the so-called “junior normal schools.” The several acts relative to professional training of teachers in high schools — Nebraska (923), Vermont (925), and Virginia (926}*-i. are clearly indicative of the character of the demands in those States fof more skillful teachers, especially for the rural schools. ^he Indiana measure (922) is easily the most important one of this group. Its presentation in full seems Ur be warranted. 1)22*. Indiana: Concerning normal schools and the training and licensing of teachers. . ** Section 1. Be it enacted * * \ That the state board of educa- tion. hi addition to Its present powers mul duties, shall Ih> and Is hereby constituted a state teachers* training lMwird, itnd, rt s such, Is authorized and directed to arrange ft* u regular system of normal school Instruction throughout the state; to designate what schools and what professional departments in schools shall be accredited in the state system of normal school Instrhctlou ; to tlx conditions upon compliance with which present nml future schools and departments may become accredited ns a part of snHi system ; to establish, inspect. |mss u|>on and approve, reject alter •niqend. or enlarge courses of study ami teaching in the several accredited normal schools and the aecredijcd professional departments in schools of the state; and to determine ui>on credits to be allowed for the work of accredited schools and departments, and equhwlents, if any, to be ac- cepted for such work or any part thereof. Said boanl shall make no rule, regulation or requirement applying to any accredited school or department which shall not under like circumstances apply to each and every accredited school and department In the state, nor shall nny requirement he in excess of the requirement? of the Indiana state normal' , being «the purpose* mid Intent of this net that all schools and departments for uormal Instruction and the tniiuing of teachers shall maintain as nearly ns possible like standards of excellence and efficiency. “Sec. 2. The state teachers' training board shall have power and authority to prescribe courses of study n|>on completion of which graded certificates of work done rtiny bo graft ted by any such accredited school which certificate shall Ire recognized liy the Indiann state normal school so far as such certificates mwt the requirements of sold school's course ** Sec. d. Iu order to encourage trained teachers to teach In the district Bchoo s and In the grades In the small towns of the state, each accredited school and the state normal school may, subject to the rules and regula- tions of the state teachers* training board, establish a two-year course open to high school graduates, the complete of which will ‘be accepted in lieu of a license and will entitle one to fetich In the district schools andT the grades in the small towns for three years without examination. , , A , two 5 ' enrB from graduation, nj>on satisfactory evidence of professional experience and ability to Instruct and manage a school, sunder rules* nnd regulations therefor to be established by said state 11 tr " lnln f l graduates of any accredited sch«l or depart- nient sbnll be entitled to diplomas to be Issued by said accredited school, stating the character and amount of work completed. * ^ 8tnte teechenf training board shall grant to each school and departnient accepting the provisions o r this act and agreeing to be ^und by the rules and regulations of said board the right to use the PV part of the t,t,G or Da0ie of rocb school or department, which right shall be revoked by said board at any time upon *5!FL gu f? 8011001 or to abide for any rule or regulation of sold board. ur ST AT j || I MU, |)T* _ I s^wL erTBraMB : LiBQiBLA.Ti6ii, isrc., uo»-8. ' “ Sicle. It shall be unlawful for ariy school or department for normal Instruction and the training of teachers which has not accepted the j>ro- vlslons of this act or whose authority under this act has been revoked- to use the word * accredited ' .as a part of Its name or title or to state that suet/ school or department has been aoasdlted. If any officer, employee, aeent owner, or pi rt owner, or Instructor or teacher In nny school or df^rtaSt for normal Instruction and the training of teachers which has notteeo accredited as provided herein or whose authority hereunder has been mok^ias herein provided, shall use the word •accredited ns a part of the name or title of such 1 school or department, or shall P^hsh. advertise announce or saf that such school or department Is accredited, u^fconVrrtfon oMhe same he shall be fined tn any sum of not more than five hundred dollars.” t . ^ m Mftr n 1— reading, grammar, arithmetic, and geography— to be J^ ven earlier than die tenth grade. This work shall Include subject matter, 'vnutadvtn* nriactDles and methods %f teaching, and should enable the atndeot to approach the subject from* the stand polntof the teacher as ^ as that of student It shall be gftffco bjr weU-tfcained, eiperlenced taachert. ~ ^ ♦ .TEACHERS: professional training. 177 “(6) A study of American history for at least one semester In the eleventh or twelfth grade. , "(c) At least seventy -two periods of professional training to Include 0 study of methods, school management observation work, etc etc to be given In the senior year by the city superintendent of schools or by a member of the high fechool faculty recommended by him and approved by the state superintendent of public instruction. 5. Schools offering this course shall have s reference library of at least three volumeaon each of the following fields of professional study history of education, principles of education, methods, and special train- ing In industrial education, including agriculture. /, 6 *il D K Cfl ^ eIementary "(^culture is not in* the regular course of study it shall be required In the course in normal training. “7. Every high school approved for normal training shall instruct a cluss of not less than ten. and every scholar admitted to such class shall continue under instruction not less than eighteen weeks in order to be minted in such class/’ Appropriating $50,000 for the biennium ending MarchNu 1009* pro yidlng biennial state aid of $700 to each district organiziugAnd conduct- ing « class of not less than ten. „ if Chap. 129, Apr. 1007. DIM. North Carolina (1908) : The issuance of county bonds to ahFin the establishment of a training- school for teachers In accordance with the chap * 820 ’ P* Acts. 1907. and carried out by Acts l.Mtj . p. 1 33. chap. 493. is for a *’ public purpose,** and not violative of the constitution, as not within the scope and purpose of a municipal cor- 1 (oration.— Cox t\ Commissioners of IMtt County. 00 S. E., 510. i. \erniont: Repealing sec. 043 (relative to training departments for teach- ers In incori to rated graded schools) and sw. (150 (defining graded school). Statutes. 1S94. IS. 1906 — enactment art >*o. 357. • Act No. 46, I>ec. 19.* 190U. Sw act No. tKLIhv. 1? 926. Virginia: 1'oovldmg for 927. normal Instruction In certain public high schools to be designated by the slate board of education, and appropriating nioney therefor. - . Appropriating annually $15,000 for the payment of teachers in normal de|mrtments of approved high schools. Maximum annual amount to any- one school $1,000; 8t**te board of edudhtlQn to designate schools, and prescribe norma) course of study, qualifications of normal teachers, etc. Chief object of work to instruct teachers In the best methods of organi- sation, teaching, and management of primtfry schools in rural districts. 1 * Chap. 07, Feb. 25, 1908. (July 31. 1908.) Wisconsin: Amending chap. 373, Laws, 1901, as amended by sec. 4, chap. .138, Laws, 1003; amending chap. 373, Laws, 1901, as amended by sec, 5, chap. 338, Laws, 1903, ns^amended by sec. r», cjjap. 500, Laws, 1905, and adding sec. 6. relative to the number of county training schools for teachers that may be organize^, and jhe duties of the state superin- tendent in* relation to such schools. Taking from state superintendent |»nwor to determine qualifications of all teachers employed in each schools. Increasing maximum number of schools that may be established from twelve* to twenty. • \ * * Prohibiting any member of county training school board from teaching In any such school during term of office; and requiring every teacher to be legally qualified for position of principal of a fr^b high Abool having a four-year, course of study. Chap. 001, July 12, 1907. 88470—00 If j !- ■ F f : 1^3 STATE SCHOOL, SYSTEMS : LEGISLATION, ETC., 1906-$. (d) Teachers' Institutes and Summer Schools. The number and character, of *the efeActmeftts on this subject cleArlv show that the teachers' institute and the Summer school /are to be developed in a larger way by no small number of States^The en- actments in Florida (931), (932), relative to teachers' summer Grinn- ing schools, in Idaho (933) providing for* summer normal \chV>ls, in Indiana (935) providing for •annual teachers'., institutes irv ejicli bounty, in Minnesota (93f>) providing for summer sessions at llu* state normal school, in New Jersey (939) establishing summer courses in elementary agriculture, manual training, and home economics for teachers, and in Utah (944) providing for the better organization a*nd control of teachers 1 institutes, seem to offer abundant evidence of the trend of educational practice in this one particular. 028. Arizona: Amending subtil v. 3T sec. 17. net No. 89. Acts. 1903. relative to duties of Htnte'snperintoudent of public Instruction. Adding provision that 6 per cent of the apportionment of the terri- torial school ftind to the several counties shall be placed to the credit of the Institute fund by the comity treasurer See. 13, chap. 67. Mar. 21. 1007. (July 1, 1007 A 920 Arizona: Amending pars, 215S-2103 (secs. 29-34, chat*. 5, tit. 19), Revised Statutes, 11*01. relative 'to teachers* -Institutes. Mlnof nmendmeuts regarding institute funds, payment of institute .ex- penses, record of attendance, etc. f * Annual institutes must he -held in nil counties having twenty or more (formerly ten) school districts. m Sec. 16. chpp. 67. Mar. 21. 1007. (July 1. 1007 A 980. Arkansas: Amending net No. 311, Acts, 1905. relative to the improvement of the character of teaching. Providing for appointment, by county examiner, of conductor for an- nual Institute for. negro teachers. Providing thnt all the time of the Institutes be (devoted to work in the common branches ; for reports from teachers In accordance with requirement of state superintendent of public * Instruction: for indorsement of certlflgttes. Requiring attendance for full time of Institute. Special provlsiofk for teachers nttendiug Peabody . institutes or other institutes or summer normal schools. Act No. 307, May 23, 1907. 981- Florida: Requiring teachers'*' summer training schools and making appro- priations therefor. Appropriating $4,000 annually for 1907* and 1008 ^for the purpose of maintaining such schools, provided impartially for teachers of both races: at the University of Florid# and. the Florida Female College for white, teachers, and the Colored Normal School for colored teachers : by such Instructors hs the ^te superintendent of public instruction may appoint and at jrficb time as he may designate. Chap, SS^ (No. 57), May 7, 1007. ^appropriation to secure a wtter attendance upon training schools. AppropyMtlng $2,500 annually for- years 1907 an*. Minnesota: providing for summer sessions ut each of the state normal schools. Sessions to l»o for twelve weeks. Arrangements to be such nA to con- serve most .fully the welfare of rural schools. Appropriating $30,000 annually for the biennium 1907-1909. Appropriations under section 1436, Revised Laws, 1905. not to be used. Chop. 164, Apr. 12. 19 07. 037. Montana: Amending secs.* 19oo. Political Code. 1895, art. 12. chap 6/tlt. 3. part 8. .Political CAde. 1805. Ann. Sec. ’ 1904. Political Code. 1895. as* ipmnulcd by S. B. Xo. 44. page <129. Ijiws. 1897, relative to county teachers’ institutes. Providing for Joint Institutes. Increasing appropriations for Institutes by county commissioners. Chap. 148. Mar. 7, 1907. 03$. Nebraska: Refilling, and reenacting with amendments, sec. 11140, Cob- bey's Annotated Statutes. 1003. relative to teachers’ Institutes. Annual institutes to l»e held during (he months irf Mnne. July, and August. Chap. 124. Mar. *1. 1907. 9, '19. New Jersey: Establishing summer course in elementary agriculture, . manual training, and home economics. ^ State board of education to prescrll>e rules and regulations, and desig- nate places. Providing for cert I dentes to teachers upon completion of courses. Appropriating conditionally, annually* $2,000. Chap. 55. £pr. 1, 1908, 940. NorthJJakoUyf Amending In a minor manner sec. 892, relative to Institute Sec. 8, chap. 95, Mar. 19, 1907. * enactment So. * Oklahoma: Repealing art. 9, chap. 73. Statutes, 4893, and art. 10. chap, *33, Iaws, 1905, relative to county histltutes. and enacting a substitute, incorporating sundry -amendments. v ‘ Prescribing general character of fonrse of study of Institute*. Provid- ing for the .renewal of teachers' certificates under certain conditions of attendance upon Institutes. Providing for separate Institutes for negro teachers. Prescribing duties of conductors and county superintendents. Chap. T7, H. B. 103, p, 675, May 12, 1908. * 943, Pennsylvania: Amending act No. 104, Laws, 1005, regulating the time of holding city teacher*’ Institutes. Extending provision of act so as to include boroughs. Limiting time tot holding such institutes to tckool year* ~ Act No. 40, Apr. 4, 1907. * 5 * "a JJ.y in- stitute or summer school is held. Dally and annual e*i>enso not to e\- eeed allowance for summer school. Sec. 1, act No. 44.* Nov. 190erlntendeiitH in districts rinpluying more than !<** teachers to hold institutes. * See. 4.*elmV- h‘*3. Mur. 13. 1907. H. SCHOOL POPULATION AND ATTENDANCE. (a) General. 947. Ohio: HeiK.il ling. and nviiactlng with aniendmeuts. stv. 4iK)2-9. Revised Statutes i 190:>). relative to relief to enable chlldfe x n to attend selimd. Relief eases to he cared for by hpnrd <*f education. Instead of author! tics charged wfth care of the i>oor. H. R. 1172, p. 477. May 9. 190S. 94 s, Pennsylvania: Regulating the entrance of beginners Into the public schools. Authorizing school hoards to confine the admission of l>eglnners Into the public schools to certain grinds, at least two of not less than one week each, during the school year. Defining term ’* l>eglnner.'* Act No. 24th May 31, 1907. (b) School Census. * v , Two factors — the apportionment of school funds on the census Imsis and the enforcement of compulsory education laws — continue to con- tribute to the increasing importance of an accurate and complete school census as a basis for many features of effective education)*! administration. Of the enactments here grouped together, that of New York (950), establishing a permanent census board in the city of New York,' will perhaps be of the widest interest. To the stu- . dents of tW compulsory education problem in cities the plan pro- Spoeed by this measure seems to afford an effective means for the^ enforcement of the compulsory education law. The enactments in Alabama (949); in Connecticut (951), in Louisiana (953), in Mnn- ^:';tanft*(95T), in North Dakota (961), in Ohio (962), and in Washing- V*- 5- , • ^ il# rStiil it U frniAA)JiAc.l.^ £ ... I n. f.alUM SCHOOL POPULATION A }tD ATTENDANCE. 181 ('on (965) are repr^eiitative of (lie persistence of the* effort to make tin 1 school census serve a real purpose. 1M9. Alabama : Providing for school census. Providing for school census by locnl authorities during July. loos, nnd biennially thereafter; for re[H»rts. for coiu|>enwubui of enumerators* and for penalties for false enumeration. # Act Np. 771. p. 704. Aug. 14. 1 !MJ7. (.Secs. 1717. 171S.* Code. 000. California: Adding wv. 1041 to Political Code. lOOfl. defining "census children.** Children between tlie ages of 5 ami 17 yenr> including children oi In- dlun parents who jmy taxes and who are udf living in tribal relntimiR declared to be census children for aii school tain*)**. ■ Chap. ST>, Mar. 5, llKlT. 051. Connecticut: Amending sees. 2252. 225.5. nnd 2107. General Statutes. lfK>2. concerning the’ enumeration of children. Ite0K. 054. Michigan: Rcr "enactment Vo. /.7.7J. * Mississippi: Ampnitliic •!."<>. Cod,., inof,. rohittvc to tl,r> enumprfflon of educable oldldren, (’hanging time of taking census from "during 1002 nnd every four • years thereafter.” to “during mas and every four years thereafter." Chap. 202. Feb. 14. l!M>v !)5erlntend(^»t of schools, by adding H4H-. 1745, regarding school rr>% - 057. .IhHjtilrlng county Niiiwlnttfafflit to prepare nml trnnsmlt eonv- of school census of children under 17 years of nge*to the commissioner of the bureau of agriculture, labor, and industry. Providing penalties. ’ * ’ Chap. 17. Feb. 1\ ID07. Montana: Amending par. 3. see. 1S30. chap. n. art. d, iwrt 3. tit. 3. Political (Nsle. IS95, as amembMl ty H. It. No. 177. p. 121,Maws. IWWelntlve to the taking of the school census. rn>w>rihliiK tliat census shnll include iirc mid date of tilrlli of child. Chop. 1*7. Mnr. r>. 1907. nM. New Jersey: Authorlr.lng school district bonrds to'tnkc school census every ftve yonrs. Chap. J I S. Miiy 7 , 19(17. (WO*. X<;n Vork: Relative to it school census. ReixwlliiK chap. Mo, Ijiws, 1 895, tfiKCTi°N i^pwnMuient census board Is hereby established in each city or the first elaifo. 7 Such hoard shall consist of the mayor, the super- intendent of schools, the polloe commlsstooer or officer performing dutteft ; wmllar to thoae of a police commissioner. Such board shall have povrer « to make such ?0lea and regulation* a* may be^iecyseury to carry oat the j^qFT T"-r-r r— v- -\" precinct, us changes of rwi- deuce tK.*our among the children of such cities within the ages prescribed In this act and as other jiersduH cuing within the ages prescribed herein und as other persons within such uges shall become residents of such cities, su that said board ahull always have on file a complete census of the names and residences of the children between such ages and of the persons In parental relation thereto, if In the taking of the first census In any city of the first class during the month of October. UKrt), additional I ml icemen shall be required, such additional policemen shall he npinmited by the police commissioner of said city from the civil service lists of per- sons eligible for apiKdntmeut as such ikV.leemeu, and said additional IKdlcenmn shall he allowed in addition to the number now allow»Ml by law. It shall.be the duty of i>ersons in parental relation to any child residing wlthtn the limits of said cities of the first chi ms to reimrt at the i>ollee station house of the precinct within which they severally reside, the fol- lowing Information: "l Two weeks before any child becomes of the compulsory school age. the name of such child, Its residence, the name of tlu? person or persons In imreutal relation thereto, and the nuiue aud location of the school to which such Aiid is sent ns a pupil. "2 In case a child of compulsory school age is for any cause renib ved from one school and. sent to another school, or sent ‘ * work in accordance with the chlld-Sabor law, all the facts in relation thereto. “3 In cuse the residence of a child Is removed from one police precinct to another police precinct, the new residence and the other facts re- quired In the two preceding paragraphs. “4 In case a child between the ages of 4 and IS becomes a resident of one of said cities of the first class for the first time the residence and such other facts as the census board shall require. Such census shall Include all persons between the ages of 4 and IS years, the day of the month and the year of the birth of each of such | term ms. their resi>ective residences by street* and number, the names of their parents or guardians, such information relating to illiteracy and to tin* enforcement of the child labor and the compulsory education luw as the school authorities of the State and of such cities shall require and also such further Information ns Buch authorities shall require. ^ £ "Sec. 2 A jierinunent census board may he established in any city not of the first class. In accordance with the provisions of tills act. If a ‘census board shall not he established In such cities, then, during the month of October. lPOfi. and til the month of October every fourth year •thereafter, the school authorities of every city, uot a city of the find class, * shall take ft census of the children of their reflective cities. Such census shall Include the Information required from the cities of the first class as provided In section 1 of this act. ‘♦Sec. 3 The* board of trustees of every school district slmll annually on the 30th day of August cause a census of all children between the *age6 of 5 and 18 years to be .taken In their respective* school districts, Such census shall Include the information required from cities as pro- vided in this act* “Sec. 4 A parent, guardian or other person having under his control or charge a child between the ages of 4 and 18 years who withholds or ^refuses to give Information In his ilossesslon relating to Buch child and required under this act, or any such parent, guardLfhu of other person who gives false information In relation* theVeto, s^all be liable to and punished by fine not exceeding $20 or by imprisonment not exceeding 30 days* : SfcHOOL POPULATION ANlS ATTENDANCE. 183 “ Sec. 5 The money required for the purpose of carrying tills act Into effect Hlmll he paid by the cities aiul school districts >eBpectlvely, Included In the provisions of this net, but. lu'clties iu ^iUch n |>eriimneiit census hoard ns provided under section 1 of this net is'not established and main- tained. uml in school districts, such moneys shall he paid for the services rendered in the taking of the school census on the certificate of the State Commissioner of Education that sucii ctaisus 1ms been satisfactorily taken. "Sec. H It shall l>e the duty of the State Commissioner uf Education to enforce the .provisions of this net. " Sec. 7 Chapter 55U of the laws of 1S95 (s hereby reiamled. "Sec. S This act shull take effect Immediately." Chap. 249, May 11, 1908. 'Nih. North Carolina: See enactment .Vo. ISoti. 1 9b I. .North Dakota: Amending S4*\ s’io. Revised Codes. 1905, relative to school eensuf> aiy^inuual school report. Seliool bwisns to he taken between the 1st and 20tli of June (formerly, at thl close of the kc1hk» 1 year). Empowering county sui>erlntendent to withhold ap|M>rthmment of state and comity funds to districts where the number of lersons of school age attending selimd for u jteriod of sixty days during the school year Is less than 50 i>er cent of the total enumer- ation. Chap. 97, Mar." 12, 190?. IHiii. Ohiof Repealing. and reenacting with amendments, wv. 4030. Revised Statutes t 19051, relative to yearly enumeration of school youth. Providing for the enumeration of ft^eble-m hided, physhyfly disabled, Mind, deaf, and mute children. / H. H. SSS, p. SO, Apr. 0, 1908. 9»>3. Texas: Amending chap. 124. Uiws, 1905. relative'to a complete system of public schools, liy adding sec. 91n, relative to census enumeration and transfers of children under certain condjtlons to other districts. * * - Chap. i:t0. Apr. 18, 1907. ',h;4. Virginia: Adding sec. 1913;^ to Code. 1IX)4 ( authorizing a new schoo/ census to be taken whenever the boundaries of a district are changed. Chap. 101, Mar. 11, 1908. 905. Washington: Amending hih\ 49, elinp. IIS,- Imws. 1,897 (('ode of Public Instruction), relative to cluties of dlstrlet clerks. School census to he taken in June Instead of May. Date of blrfii to be Included. Ue] torts U|h»u children falling to attend school as prescribed • by law to he made to county suiverluteudent (formerly, sujwrlor Judge). i * Sec. 3, chap. 163. Mar. 13, 1907. tHUi. Wisconsin: Srr nutriment .N o. .»7. § . (c) School Year; Month; Day. Several of the following outlet meats are of interest in exhibiting the continuance of the effort to equalize educational opportunity and to secure the fullest educational privileges to the children of all coin- nuiftlitip. Arizona (9G8), Missouri (970), North Dakota (971), Ohio (972), Oregon (973), and Wisconsin (1085), all took steps to lengthen the legal school year. 067. Arison* : See enactment No. 451. W"' 184 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1900—8. 968. Arizona: Amending par. 2192 (sec. 03, chap. 0, tit. 19), Revised Statutes, 1901, relative to equality of school privileges. Fixing minimum length of school term nt six months: when funds tire sufficient, eight months. Sec. 10, chap. 07, Mur. 21, 1907. (July 1, 1907.) 969. California: Amending sec. 1097, Political Code, 1900. defining the length of the school month. I/Ognl holidays to he Included within. „ Chap. 18, Feb. 19. 1907. 970*. Missouri: Amending set*. 1)751, urt. 1, chap. 154, Revised Statutes, 1899, relative to length of school term. Increasing required length of school term from six* months in eight months. * H. R. No. 89, p. 133, Feb. 18, 1907. 071. North Dakota. 97 *Scc enactment So. .$7.7 Ohio: Amending see. 39G9, Revised Statutes, 1905, relative to the action of the county commissioners when a hoard of education falls to provide proper school facilities. Extending minimum school year from seven months to thirty-two weeks, II. B. UK)3, Mur. 31, 190*. 973. Oregon, five enactment So. $19. 974. Wisconsin: Amending sec. 459. Statutes, 1898, as amende! by chap. 32(1, Laws, 1903, relative to what shall constitute a school month. Excluding day of primary election and of any general election, also legal holidays, and providing that n teacher’s time of attendance at the meeting of a teachers’ association may Is* included. t ('hup. 92, Muy 10, 1907. (d) School Holidays. « 975. Colorado Designating the 12th day of'Oclober of each year as n pnldic holiday, to be known as ** Columbus Day.” * Cbnp. 790, Apr. 1, 1907. 076. Indiana: Amending^**. 1, chap. UR/IjAws, 1905. relative to legal holidays. Adding the 12th day of Februnry, commonly called " I.lucoln's Birth- day,” to the list of legal holidays. t Cbup. 229, Mar. 1), 1907. 977. Maine: Amending chap. 202, Public Ijiwb, 1901 (sec. HH.’chnp. 15, Rev 1 him 1 Statutes, 1903), "relative to*»chool holidays. Removing fast days from list of school holidays and adding Patriot's DAy, April 19th, thereto; holidays falling on Sunday 1 q h^^served on Monday following. Sec. 1, chap. 48, Mur. 11, 1907. 977a. Maryland: Amending nee. 9, aft. 13, Public General I*aws, 1904, relative to legal holidays. * Making September 12th* 44 Defenders* Day,” a legnl holiday. ft Cbap. 181, p. 7, Apr. 1, 1908. 978. Minnesota: Amending par. 6, Sec. 6514,, Revised I^ws, 1905, relative to holidays. Making Good Friday a legal holiday. \ Chap. 254, A*>r. 19, 1007\ SCHOOL POPULATION AND ATTENDANCE. 185 970 . 9S0. i»s|. 9S3: New Hampshire :.^Apiend itig chap. 11, Laws, 1890 (secs. 1 nnd 2, tit. 27, chap. 202, Public TStututee. 1901). concerniug holidays. The day pu which biennial elections are held not a school hoiiduy. ; Chnp. 7, Feb. 20, 1!K)7. New Jersey: mating n public holiday to be known uh “(lood Friday." . Clmp. 244. .June 12, 1907. * Oklahoma: Creating an anmiul holiday to be known ns ** latlxu; Day,” Chup. 53, S. 4k 437, p. r.is. May 22, 1 !K)S. South Dakota: Amending, sees. 2458 and 2459, Revised Civil Code, 11)03, relutlve to legul holidays. Adding February 12. Lincoln’s Iilrthday, nnd the first Monday in Septcinlier, Labor Day, to list of legal holidays: Monday to be observed whenever February 12th, or 22d, or July 4th falls on a Sunday. ' “ Chap. 181. Feb. 12, 1907. Washington: Amending sec. «50*Tode of Public Instruction, Unvs. 1897, relative to holidays in the public schools.' Kmmieraling the several school holidays ujM>n which teachers may not lie required to teach. Chup. 59, Mnr. 4. 1907. (e) Place of Attendance; Transportation of Pupils; Consolidation of Schools. Supplementary to the legislation for the furthering of the consoli- dation of school districts (Section A, enactments 314-3(51) is that providing for the transportation of pupils to and from school. Indi- ana (988) passed a mpst noteworthy act in .this connection. Other measures of seeming great importance may l>e enumerated: Kunsas (992), Maine (993), Missouri (1002), New Jersey (1008), Ohio (1010, 1012), Vermont (1015), Washington (1018),* and Wisconsin (1019, 1020). The majority of these acts are of self-evident impor- tance to the educational interests of either isolated or unprovided communities of^the several States concerned. The revised act of Massachusetts (995) relative to the transporta- tion at half rate, by street and elevated railway' companies, of pupils of public and pri^pte schools, in connection with the decision of the Massachusetts supreme court (D 993) and the decision of the United States Supreme Court (D 998), is of more than passing interest and significance. "S/ * 984, Arizona: Amending par. 2211 («V.S2, chap* 9, tit. 19), Revised Statutes 1901, relative to the admission of children to public schools. * Providing for the admission of children of nonresidents u|x>n payment of reasonable tuition fee. Sec. 1, chnp. 07, Mar. 21, 1907. (July 1, 1907.) 986. Connecticut: Concerning the transjmrtrftton of high «pho4 pupils. Authorizing the transportation tofand from the high school of any pupil residing within the limits of tb& town, and the paymeut therefor whole or In part. i ERIC Chap. 30, Apr. 17, 1907. 1S6 STATE SCHOOL 8V9TEMS : LEQTSLATTOK, ET<\, 1900-8. 98t>. Idaho; Amending sec. nUloUH rcpluccd through equalization of tuition fund by county auditor. ‘ ('hap. 1S9, Mar. 9, 1907. 9SS*. Indiana: Concerning the discontinuance of public schools and providing for the trnnsix>rt«tlon u t pupils. . "Section 1, lie it cn provide for the ecial school fuud.“ , , ('hup. 233, Mar. 11, 1907. 1) 9S0. Indiana (1907): Acts, 1873, p. OS, chap. 24 ( Hums' Ann. Stat., 11H)1, see.. 5953), provides tliut the trunttvs of the several townships, towns, mid cities shall have the power to levy a special tax In their respective town ships, towns, mul cltleH for the construction, renting, or repairing of school bonnes, for providing furniture, school apparatus, and fuel there- for, and for the payment of other necessary ex \ smses of the school, etc. Hfld, that the clause “for the payment of other necessary excuse* of the school ” did not authorize tin* levying of a tnx to provide free trnns- - port&tlon for The pupils of a consolidated school district to uud from the_- school.— State u^Jacksou, 81N. E., 02. . ^ I) IMK). Iowa (1907) : Co&e, sec. 2774. authorizes a school board to arrange for the transportation of children to school In certain cases, “ when £li6re will . be n saving of expense, and children will thereby secure lucres sod advan- tages.” Held, that though, If a board which refused to provide trans- portation for petitioner’s child, found that a saving of, expense would be effected and Increased advantages secured by the transportation, It might have been Its duty to provide It, where u petition to comi>el the board to furnish transportation falls to show that tlie hoard made such finding or .that such saving and advantage would be effected, j>etlUoner fails to show n tin self entitled toThe benefit of the statute.— -Queeuy c. Higgins, 114 N. W., Hi • ‘ • . Jta SCHOOL DOPULATTON AND ATTENDANCE. 187 !>!H, Kansas: Repealing, ami • reenacting with mnendnients, sec. 2, rhap 380. laws. 1905, concerning the fit tendance of children upon schools of other districts. Decreasing monthly pur capita payment for tuition from $lu to $4 anil striking out limitation Imposed concerning total month I v expenditun* of $45. \ Chap. 321. Mar. 7. 1 1 m >7 . Kansas: Repeating, nml n*cuneting with amendments, s<*c. (il-in, Coneral Statutes, 1!MH (See. 11*. elm p. 3l>7, Ijiwk, V.H)1), relati\e to the enim-yniicc of i m pi Is to and from school. Framing district school hoards Authority to allow eumiH.»nsn Mon to parents for eouveynnee of children living not h*ss than 2 miles and not limn* than It miles from the diooHiouse. ('hap. 327, Mar. K. V.H>7, Maine: Amending see. 3, chap. 12 Id. Acts, 1S93, ns amended hy elmp, 202, Acts. llMd (see. 2, ehap*. lA. Uevised Statutes, HMH). relative to school districts and tin* conveyance of pupils. Designating common-school puptts in place of puhllc-Hehonl pupils for eniiveyanee. Chap. IM), Public huvs, Mar. 2i>. 1!H>7. tr.i-l. Massachusetts: IToviding that the town of lMghton sliall not he mpdred to nmiiftain a high school. * Providing Mini the town shall pay the tuition of every eldld attending tlie high school of another town or city, and also the railway transporta- tion to and from such high school. Chap. Mi), Fch. 37. lif>7. 995. Massachusetts: Heimnling wv. Oil, pt, III, chap. -Ido. and elmp. 479, AcIh of relative to the transi>ortiition, by street and elevated railway companies, of pnMIs of the public day and public evening schools and private schools, and enacting a substitute. \ Chap. 530, May 19, 190S. D fKMi. Massachusetts nV}5) : Rev. ImwR, chap. 112. tjN\ 72, requiring street railway (stmpqnles to carry pupils; of the public schools when going to and ivturning from school at rates not exceeding one-half of the regular fare and leaving unchanged the previous lawn exempting tin* Itoshai Chanted Company from the o iteration of chai». 112. is not object ioimhle as cIjihs legislation, the promotion of education being a sutliclent reimou for tin* discrimination in favor of pupils. — Commonwealth r. interstate Consol. St. Ity. Co., 73 N. K., 530; 187 Mass., 43(1. . . #> Citing (Julf, etc., Ry. Co. r. Kills, 1(15 C. S., 150. 15(1; 17 S, Ct.., 255; 41 L. Kd., (KK1. Lake* Shore, etc., Ry. Co. r. Smith, 173 l\ S., (184*; 10 S. Ct„ 505; 43 L.^Kd., 85S, \VdscouHln, etc., Ry. CM. t*. Jneohson, 175 C. S., 287, *101 : 21 S. Ct., 115; 45^. Kd.. 104. Ophilpn of Justices, KKl Mass., 5X9 ; 44 X. K.. 025: 34 D. U, A *58; Tad tic Express Co, r. Selvort, 142 C. S., .*130; 12 S. Ct., 250; 35 I., Kd., 1035. American Sugar Retin ing Co. r. I /ml Miami, 179 t\ S., 89, 1)2; 21 S. Ct.. 43 ; 45 U *M., 102. 0 I> 997. Massachusetts (1!K)5) : Rev. lmws, chap, 112, sec. 72, requiring street railway companies to carry pupils of the public schools when going to and returning from school nt rntpa not racttedlug pne-bulf of the regn 4 lar fare, is tjot a tnking%jf proiwrty wltbmit due process of law, as there was reason for the legislature to t\etiovtA that the enforcement of tin* statute would not result In a loss to # the street' railway company. — m Commonwealth i\ Interstate Consol. Ht. Ry. Co., 73 N. K., 530; 187 Mass.j 430. 188 \ STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 190&-8. ( t I> 99S. Massachusetts (1907) : ° Vnitrd States Supreme Court. A stnvt mil way company whose charter subjects it to "all the duties, liabilities, and •restrictions set forth iu alt general luws now. or hereafter in force re- in ting to street rai|way conijianieB,” is lK>und by the requirement of a statute previously emitted, that street railway companies shall trans- IK>rt school Vhildren at a reduced rate, although such statute may be unconstitutional as to already existing corporations.— Judgment, roui- juonweaith r. Interstate Consul. St. Ry. Co. (11*05), 73 N. K., 530: 1ST Mass.. 4.3ti. art) rim'd. Interstate Consol. St. lty. Co. c. Coiimioiiwen It li, 28 8. Ct., 2ti: 207 V. 8.. 70; Adv. S. V. S., 20; 52 L. Ed. I) Massachusetts (1909) : A vote of a town to reo|>en a school which had been closed by the school committee held to require a reassignment • to such school of pupils who had previously' attended the same. —Morse v. Ashley, 70 N. R. 481. tnder.Rev, I*aws, clmp. *42. set'. 27 t( u school committee of a town held authorized to (‘lost 1 a school and transfer the pupils, regardless of a vote of Jhe tow n to the contrary.- lbTd. ' 1000. Minnesota: Amending see. 1324, Revised Laws. 1905. relative, to the iKiwt^rs a ml duties of school boards as to nonresident pupils. Providing for cases wherein a person holds property and pays taxes iu a district other than the oue in which he resides. * •See. 1, chap. 445. Apr. 25. UK »7. 1001. Missouri: Amending sec. 9704. uhnp. 154, art. 1. Revised Statutes, IsOO. relative to rules and regulations and admission of nonresident pupils. Mnking special prmlHion that a child wit li oniv one parent living shall have the privilege of attending selion! in any district in tlnyState without the payment of a tuition fee. ^ II..B. NO. MO. p. 42 gT M ur. 20, 1907. 1002*. Missouri: Ameuding sec. 9741, olia£ 154. Revised Statutes, is!)9 t rela- live to school districts. 4 Providing that districts having fewer than 4r» children nmy arrange for admission of/achool cliildreu to schools of other districts.* Authorizing payment for Tuition and t ransiK»rta t ion. 11. n. No. 015.’ Mar. 19, 1907. 10a3. Nebraska: Repealing. and reenacting with amendments, sec. 5177. chap. 79, Compiled Statutes, 1iK>5 (sec. 11297, Odthey’s Annotated Statutes, 1903). relative to attendance of cliildreu In school districts other than the one of residence. Providing that parents or gunrdlans’nf transferred pupils shall hem* the right to vote in (be district to which such pupils are transferrKl on all school. mutters except that of issuing bauds. \ >' " ^’hnp. Apr. <*, 1907. VK>4. New Hampshire: Relating to the transiiortution of school children on street railroads. , Authorizing tq»eclnl rates for children traveling to and from school. Chap. 131. Apr. 5, 1907. I) 1005. taw Hampshire (1900) : Uws. 1903, p. 13, chap. . 13. requiring every IJejBon residing In a school district In which a public school Is annually taught and having the custody of n child between the ngeH of H and 14 .tears, to cquse the child to atteud public school all the time the school Is lo session, when construed In the light of Laws, 1871, p. 511, chap. 2 sec. 1, making otdy persons residing within 2 miles of a sellbol amenable’ to the requirement. Laws, 1878, p. 183, chap. 56, and Laws, 1885, p. 253 chap. 43, sec. 0, reenacted In Pub, Stat., 1901, chap. 92, sec. t, authorizing \ tbe expenditure of a certain portion of the school money for the pnr|x>ne of conveying scholars residing not, less than l^mlles from school, and « See p. 342 for complete test of decision. ■fjia-. SCHOOL POPULATION AND ATTENDANCE. 189 Pub. Stat.. 1901, chap. 93, /»c. 14. omitting the 2-mlle limitation contained in the law of 1871, required the person having the custody and conffol of the child to send it to school whenever conveyance was provided, hut did not require a person, living at a distance from the school unreasonable for the child to fralk, to convey the chilli to .school either at Ills own ex | tense or for a sum thought reasonable bv the school board. — State r. Hall. 04 A., 1102; 74 9i. H.. 61. 1*|* Hi. New Jersey: 1 * ** »7 - New. Jersey: St r rtiart n\n\t .Vo. JW. * s ’jf rndrt mvnf .Vo. 1(h) KKtK. New Jersey: 'Amending see. 1 *2. chap. 1. Imws. 1903 (Pp. st^ss. Oct. 15), ns amended by chap. 24 i. Acts, J!H>6, relative to npiwrtlonment of state school fund by comity sui^rintendeuts. Providing, in ndditiim to existing apirortlouineut, for, the payment of 75 |»er centum of cost of transportation of pupils to school in district other than that In which they reside, provided their own school be not closed thereby. Chap. 122, May 7, 1907. I M ( HKi. New Jersey 0907) : Pal In re of n hoard of education to provide for the transportation of ehlldreu living remote from the school house, under I’. L. 1902. p. 108. »<*<•. ill. not a failure to provide suitable school facilities and neerffnincKlntmas within sec. 120 of the same act. -Judgment (Sup.. 1006) 02 A.. 1 1H<>. affirmed. — Hoard of Education of KreUnghuvsen Tp. r. Atwood. 05 A., 999. . School law ( T. T,.. 1902. p. 111. P(*. 120), providing a |H*naltv aguinst n hoard of erinention failing to provide suitn+do school facilities and ao- ■ ummiiKlatioiiH. being highly (tonal In its consequences, must !>e construed , with reasonable strictness. Judgment. — Ibid. 1010. Ohio: Providing for trunHportnt ion of pupils in village scLiool districts with attached territory. * Authorizing tranpportatinii to be paid for from school funds of Village district. '1‘ransjKtrtat ion of pupils living within 1 mile of school house ' optional with board of education. II. It. 716. p. 234, Apr. 29, 1908. 1611. Ohio: Ue|)onIIng. and reenacting with amendments, sod. 3922! Revised Statutes i I'.HKVi. relative tojhe suspension of schools la subdistricts, and the conveyance of pupils to other districts. * Subdistrict schools having an jivernge daily attendance of 12 not to la* suspended under eertn in comlittoiiH. Providing for sixty days* notice for cent rnlifcitlon of township schools. r II. R. 723, p. 203, Apr. 24, lfHKS. 1612. Ohio: lteiieallng. and ri*eimcting with Amendment*, sec. 3934, Revised Statutes \ PHtb). relative to transportation of pupil* in s|»eclal school districts. * * Authorizing transportation to sohoM of adjoining district, ('hanging Residence limit for transi>ortntlon from une-half to 1 mile. 11. W. 797, p. 2GCUMay 1, 1908. D 1013. Ohio (1907) : Kev. Stat., sec. 4022n. authorizing children living more thaji 1$ miles fmm their assigned school to attend g nearer school in the same district, or in another district, does not require the board of edone tlon, of n school district to admit children to a school outside of a district In which they reside, unless the action I in their own district Is more than ' 1$ miles from their residence and more remote than the school to which • admission Js sought. — Hoyee r. Hoard of Education of Mount Carmel Special School Diet., 81 N. R. 437; 76 Ohio S|., 190 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1005-8. F~" 1014. Pennsylvania: Relative to atteudunce of pupils at more convenient schools outside district of residence. Permitting children residing 1} miles or more by public road from I Ik nearest school in the district of residence to nttcud nny more convenient sch(K)l in any other district without tin* consent of tin* directors or con trollers of the district where they reside or where they umy attend, for the cost of tuition. Act No. llil. Mh> -• >7. Kiln. Vermont: Nrv rt\a<-tnnut \ <>, UMOV Vermont: IbMrrmiiiing tile oc. Is. VMH\. ( Apr! - 1 . 19»>7.i 1017. Virginia: Amending and reenacting sees. 1492 and 1495. relative to pet sons w ho shall he admitted to the puhiie schools. Modifying conditions relative to admission of chiidren of nonresident taxpayers. * I Chap. 4oo. Mar. lli, 1!*M1. 101 N, Washington-' Amending stv, 40 , chap. 11S. I^iws. 1*97 {('ode of Public Instruction!, relative to powers and duties of hosirds of directors. Providing for teachers' contracts: for transpirtation of pupils to and from school. * Siv. 5. cliap. 240. Mar. 1^. 1907. 1019. Wisconsin: (.Tenting sensntlou, and in certain cases reimbursement of school districts hy the State of hulf the ex|*»nditure. L’hap. 41KI, Juh 9. 1907. 1020. Wisconsin* Creating secs. 490*]. 490r. 490s. and 4!>0t. Statutes. lsp\ relative to state aid to rural schools. “ Section 490q. Whoever the electors of any rural school district or Hiihdistrict sliall direct the hoard close the district or subdistrlct school, and provide transportation and tuition for all \ arsons of sol mol age wlm j may attend any state graded school or the grades l>elow the high school | In the free high school district, each such rum 1 district or subdistrirt shall receive aid la the sum of seventy five dollars annunlly ut«m com- plying with the following conditions; _ [ ’*(1) Tran'si>ortHtlou shall be provldtM for at least thirty-two weeks. Including legal holidays. ] **(2> The average dally attendance of the pupils t rniiHiiorted from nu\ district or subdistrlct to Any state graded' school or free high school dis- trict, under the provision of this not shall he eighty jK*r cent of the entire number enrolled for transportation during each term of school. “(3) Each driver contracted wtth shall he of excellent moral character, trustworthy and resj>onsible. and shall furnish a safe team with suitable nnd comfortable conveyance, well supplied with protections ufalust stormy * v nnd Inclement weather. "(4 ) The iderks of each district or subdistrlct inking advantage of this act shall rnnkfe n speclnl report to the state superintendent of public in- , structlon showing that the nbove conditions have been complied with. M Sbc. 496r. Tne school district board shall embody In the notices of every annual or*special meeting at which any or alk of the above matters are to be considered, a statement to that effect, that the question of trai\B- ' - . - M BCIJOpL POPULATION AND^ ATTENDANCE. 191 / portHthn of children will be voted upon, said notices to b«MK#*tt\l ne pro- vided for In section* 42tt and 427 id the statutes. ** Sue. 190s. The sum of five thousand dollars is hereby iippropriiitinl nnminlly from tlu* general fund' of the state treasury te enable the state sti] K*rlnteudent to meet the provisions of this art; the iibnve sum. ur so f imirli of it as may he mvessary. \n he npportioncNl in a s|*vinl ti|*i»ort ion* uirnt on or before the first of November of each year. ” See. TfM *t . K«eh itfstrict taking ndvn^tnce of this act, shall receive the same apport inmneiu of the state and other taxes ns providtsl by law, as won Ui have been received had school been maintained in the district." Uhap, CmIJ, July 10, l‘H>7. (f) Compulsory Attendance; Child Labor; Truancy. No portion of the entire mass of legislation affecting puhlu; educa- tion points more definitely to process than the body of enactments relating to compulsory atteiulanee anti child labor. The more mmi- Ikm' of tliose enactments is full of meaning ami clearly indicative of the determination of the States to protect themselves by safeguard- ing the educational and social rights of children. A review and comparison of the principal features of the enactments bring to light unmistakable tendencies to widen the -age limitations, to increase the length of the annual school attendance, to require certain degrees of educational advancement as an essential condition of exemption from attendance, to give to school officials far greater authority in the determination of what constitutes satisfactory compliance with the law, and to bring defective* children (deaf, dumb, blind, and feeble- minded) within the scope of operation of the compulsory attendnmv requirements. Along with tin* laws regulating compulsory attendance is also pre- • sented in generally briefer form those regulating child labor. These latter have come to Ik* regarded as a necessary complement of tlte former. Not only has there been during the past biennium a very noticeable activity throughout tlu* country in providing for more * effective laws than those now exisfingjmth as regards the labor and the education of children* especially in cities, but certain new enact- ments are representative of n wider recognition of dispositive social values inherent in these protective measures for children. The ehihl- la Inn* Laws of Arkansas (J022), of Florida ( 1027), of (i corgi a ( 102b), of Kentucky (1034), (1035), of I^ouisiami (10.%), of Mississippi ( 1047), of Missouri (1048), of Montana (1050), of Nebraska (1051), aiul of Virginia (1078) are representative of the effort of the. South- Of the* compulsory education laws, -those of Delaware (1026), Illinois • (1031), Michigan (1041), Missouri ^ (1040), Now Jersey* (it)54), New York (1050-1058), North Carolina (l060), Nort^Da- kota (1064), Oklahoma (1068), Virginia ,(1<)79)« Washington {gp2), 'l 192 STATE SCHOOL SY8TEM6: LEGISLATION, ETC., 1905-8. and Wisconsin (1085) nmv be elected as illustrating the several phases of the modern movement of guaranteeing thpt every child shall have at least a minimum of education. 9 1021. Arizona: Amending par. 22111 i sec. 101, eliap. 11. tit. IPh ltcviscd Stat- utes. 1001. relative to the sehool attendance of children. Prohibiting the employment of children under 14 years nf age ami |>r>>- vhling |HM»n)ty for violation. Lengthening | vernal uf compulsory schon] attendatiee from ”at lr;i>( twelve weeksdn each year, six weeks of wiilcli time shall U* ennsecut i\ <•.** to "six school inomhs, of whirli twenty school weeks shall be nuiseeu tlve.’* Attendance to begin within two w<*eks after oi>enlng of srlmoi. Providing for eompnlsory atteifdnnre of children between M' and Pi mi- a tie to read and write English language.* Further limiting exceptions. Sec. 2. ciiap. 07. Mar. 21. l8t)7. (July 1. 1007.1 1022. Arkansas: Iteguluttng tin* employment of children In factories and limme factoring establishments, t Amending secs. PA47 and 1P52, K i r l •> *s Digest. 11H14. ) rrohihiting employment of children under 12 years of age; exempting canneries during school vacation i>eriod, Prohibiting on and after Sept. 1. UMtT, employment of children under 14 years of age; excepting orphans, and children of widows! nmtliers, and aged and disabled fathers; requiring certificates’ of de|K*ndchcy. Prohibiting. also, on and after Sept. 1: 1PU7. employment of any ehild under 14 years of age. “unless he or she can write Ids or her name, and simple sentences and shall have n trended sehobl fo»* twelve weeks of the preceding year, six of wliieli selioo) attendance shall he eonsevut i ve ; ;iiid no such child as aforesaid between the ages of 11 and IS years shall he so employed unless such child shall hn\e attended soIumiI for twelve weeks of the pnveding year, six \ytM‘ks of which sofnml attend- ance shall be consecutive: and at t lie end of each year, until such child shall have passed the public school age, an affidavit certifying b> such attendance, as is required by this section, shall he furnished to the em- ployer by tlie parent or guardian or person sustaining parental relations to such child. "The provisions of tills section shall apply only to children filtering such employment at the age of 14 or less.** Providing iHumlticH for violations of regulations. Act No. 150. May 2P. P.m>7. 1025. California: Amending sees. 5. 4. 5. and 0. chap. 270. Levs. UKCl. relating to the enforcement of the educational rights of children and prn\idiug penalties for violation: adding sor during time schools nre not In session among thg exempt classes. Chap. 522. Mar. If*, 1007. 102ft. California: Amomfing sec. 2. chap. 18. Statutes, 190ft, regulating the employment of children. Providing that attendance officers shall have right to enter places of employment for the purpose of Investigating violations of child labor or compulsory education act. Chap. 524, Mar. 23, 1007. j SCHOOL POPl*LATION AND ATTENDANCE. 193 1020*. Delaware: Helallug to the compulsory attendance of children iit tlm ** public schools of the State. Providing that children between 7 and 14 yenrH of age must attend pub- lic or private day schmd at least five months annually, unless excused by Ncbool officers. School district to have power to reduce time to not less than three mouths, .’ Method of prosecution for violations, and i>enaitics. Authorizing establishment of truant schools or commitment to Kerris Deform School. Authorizing employment of attendance officers, and providing for duties - and compensation. Compelling assessors to take school census ami report same to county superintendent, latter to forward to school-teacher a list of children- in district. Teacher to re|w»rt every month absent children to county super In- teudent and truant officer, ✓ Providing that the Vale treasurer shall withhold one-fourth the state dividend from any school neglecting to enforce this act, Chup, 121. Mar. In. 1907. 1027. Florida: Prohibiting die employment of minors under a certain age in certain places and occupations, . Prohibiting employment of children under 12 years of age In factories and in certain oernput ions Providing that children under 12 may be elu- P loved under certain conditions when public schools are not in session; providing.for certificates authorizing such employment ; limiting hours of labor; providing for records, and prescribing (tenuities. Kxcopting household or agricultural work, • . Chap. 5T>stt (act No. 1*1 1, May 29, 190V (Juno 2S, U>07.) 102S1, (Georgia: Amending act No. 330. p.. 4. r >f>, Local and Private I^nws. 1*72. regulating public instruction in the county of Richmond, j. Kstahlishing under certain conditions n system of compulsory education for children between the ages of 7 and 12. Excepting those exempted by provisions of child -labor act (net No. 31*1*, p, !»S. Aug, 1, 1900), Authoriz- ing county board of education to com (ad attendance of s^ch cldldren “ for 4 the majority of the school days In on oh school month of seven months of the school year T ns established by said hoard.” Providing for-nttendaned of indigent children, for attendance m>on ap- proved, private schools, for the npiloiutment of truant officers. Desig- nating violation of the net by parent or guardian as misdemeanor. Pro- viding for submission of act to qualified voters of Itlehmond bounty for approval. Oct.. 190*. # Act JS’o. 74, p. 827, Aug. 10, 1907. * ! Tfi-k CieorgU: Regulating the employment of children In factories and manu- facturing establishments, and providing for the punishment of violations of the regulations prescribed. No child under 10 years of ago to !>o employed In any factory or manu- facturing establishment under any circumstances. No child* under 12 ' to !>c employed excepting orphans and children of wldowff or disabled | fathers. (Jan. 1, 1907.) No child under 14 yenrs of age to bo employed M unless he or she can write his or her name and simple sentence, nlid shall have attended school for twelve weeks of the preceding year, six weeks qf whlqh school at- tendance shall l>e consecutive; ,md no Ruch child aforesaid between the ■ ages of 14 nnd lfl yenrs shall he so employed miles* such child shall have * attended school for twelve weeks of the preceding year, six weeks of which school Attendance shall be consecutive; and at the end of each year until such child shall hnve passed the public school age, an affidavit ► certifying to such attendance as is required by this section, Shall be fur* n I shed to the employer by the parent or guardian or person sustaining parental relation to such child. The provisions of this section shall **— - - ftpply only to children entering' such employment at the age of 14 or less.” (Jan. l, 1008.) * f * Act No. 399, p. TO, Aug. 1/1000. 03470—09 18 H El | n 194 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 0 1CJG0*. .Idaho: Prescribing and regulating the employment of minors in certain occupations. # Children odder 14 yours of age not to in* employed during hours in which public schools are la session; children above 12 may* be employe! during regular vacation of two. weeks or more of the public school-. Illiterate minors under 10 not to he employed during hours in which pub lie schools are In session. • “Sec. 2. N* minor who* is vmder Ul yours of age* shall be employinl or permitted to work yt any gninfpl occupation during the hours that tin* public schools of the school district in which ho resides nro In session, unless he can rend at sight and write legibly simple sentences in tlu- Kngllsh language, and bps received instruction In* spelling. English gram- mar, and geography ami 1 h familiar with the fnmhuneutal operations of ' arithmetic up to aiid # Uiclmling fractions, or has similar attainments in another language." Providing for records of minors employed: limiting (jme and hours of emplovment : providing penalties On* violation. II. H. No. 1X1, j>. 2 4S. Mar. 12. 19f tin* compulsory education law. (•ranting county superintendents authority to, serve notice ui>on school otHcers neglecting to enforce provisions of act. r* • * C Imp. 154. Apr. 111. 1907. 10X.X Kansas > Amending sec. 2, chop. 42X, Laws. 100X. relative to attendance nf I >ti] >1 Is in sclmolp, to truancy, and to truant otllcers. Making Puccini provisions for tbo np|to|ntnient <>f truant ntlieers in cities of the fitst and Heemul classes. Providing for method of imtitica- t!mi of parents or gunrdhurt* of violation of attendance requirements, ami also procedure for prosecution. Children between .8 ^uul 14 years of age not to he employed during school sessions. Kxejnptions. 1 VmdtW*s for violations. . rhap X17. Mar. ** 1907. 10X1. Kentucky: ILei»eii!lnpj chap. 10. Liws. 1002, mnking it unlawful to employ a child less than 14 years of age in workshops, mines, mills, or factories. * and ^repealing chap. f>2, Ijiws. I'.kh;, m h amending the foregoing agt, ami regulating the employment, use. and protection of child labor hi mills, mines, factories, etc., and exacting a substitute. * Children under 14 iml to he employed during school ternV Chlldyen between 14 mid 16 myy he employed under certain condit look. Provid- Ing for employment certificates, mid defining the diameter and conditions of issuance tliejpof. Prescribing duties of truant otllcers. l>ellnlng cer . tain conditions oY employment of children under Id, and prohibiting certain employment h in their case. KfTective Xeirt. 1, liHis. and for certain children already employed Sdpt. 1, 1909, Chop. Mar. If* 190*. (Sept. 1^ 190, SA 10X5. Kentucky: Repealing chap. 04. laws, 1*04, relative to school attpndanc- of children between tlio ages of 7 and 14* in cities* of the first, second, third, and’ fourty clnsses.. Enacting a i^nSatitute^to promote anil compel attendance of children in schools and to prevent truancy in cities of the first, second, third, and fourth classes, and to enable boards of education or boards of school trustees of cities of the drat 1 and second classes to SCHOOL POPULATION AND ATTENDANCE. 195 establish nnd mnhiiain parental or. truant sehools'for the carp and disci- pline of truant children ,*uid for the purpose of reducing truancy. increasing peimlty fnr failure to comply wltli provisions of act. Pro- viding fty* proofs and records of ago of children.; for the \ iding forjlie issuance of :me certiticales ; pro* \ ill in^r mV’cssary regulations for sanitary conditions nnd nuvhanical * devices in nulls, fador-ies. dilnes. and packing houses. maimfMoturlng esialdlshnients. works! m>| is. laundries, mil finery or dressmaking stores, or mercantile establishment* in which more than live persons are em- ployed. or in any theater, concert hall, or in or about any place of amusement where hit ox irat iug liquors are made or sold, or lit any howling alley, bnnthhuking estahlishment. freight r>r passenger elevator, or in the transmission or distribution of messages, cdlher tele^rajih or telephone, or any other messages, or merchandise. or in any otlier occu- pation not heroin enumerated which may he deeimM uuhcalthful or dangerous, and providing for tin* appointment of a factory InsjHvtor. and fixing penalties for any violation. Act No. HOI, July 5). phis. 10*17. Massachusetts: Amending sec. .*11. chain 100, Devised Ijtws. 1002. or . iniemltnl by chap. T12. Arts. 1!«M. and by chap. 21H, Acts, 1005, relative to tfie approval < >f age and schooling Vert ilicates of minors. Adding! provision that the certificate .of the su|>oriutendeut of the Lyman sShsil for Hoys or of .the State Industrial School fnr Girls shall he sutheiem evidence as To the age and ability to rend at sight and to write legibly simple sentences in the Huffish language of a child wlm hay been- an inmate of such school. / / rhap. 2*2-1, Mm. 20, 1007. 1> |o;:s. Massachusetts i U«)7 ) : .yfendunce on any one of the schools w; aired to he maintained by Kev. Ij^ws, clmp. -12. S)h k. 10. 11. 12. 13. and Id. can not take the place of ihe compulsory attendant* on public schools estab- lished under sevs. 1 and 2. — t *on mum wealth r. < ’onruvt lent Va 1 lev rft. ity. do., S2 N. K., VA lii.’liL Michigan: Providing for the conpulsory education of deaf children. Tiism 1 r lusr attendance ’of every deaf child Im»Mv«vii the a ires of 7 ami is at some day school for the deaf. Providing for the trans|H>rtntion to the Michigan SebuoLfm* the Jiraf ot children of indigent parents, and. In case of children mulct 1*2 years of age. of parent also. Making appHenthm of ihe provishms of act No. ‘200. Acts, 1!H)5 (compul- sory education), relative to enforcement and infinities. Act No. 4S, Apr. 17. LA >7. mio. Michigan: Amending see. 2. act No. 200, Acts, 1SS1 tse^*. 5351, Compiled Lnvs. 1M07), as amended by int No. 2 ‘hi. Acta, 1005. relative to protoc- t bm c if eblldren. i • * . f . hrcjudiugjmwlingnlleys in list of places prohibits! to minors muh*r 17. , Act 'No. 55, Apr. 25, PJ07. HMl*. Michigan: Amending secs. I, 2, It, and 4, act No, 200/ Acts, lt>05, pro- vjdlrtu for the compulsory, education of children, nnd for penalties for failure In comi>ihihro. Jtnlsing upper limit of compulsory attendance from 15 to MV* ( formerly 7 to 15, Inclusive). Delining more accurately. cQnditions for exemption: Special provision for cUildrei^l2 to 14 years of. age while h; attendance confirmation dysses, tlefliilng mow necumfely manner of Enforcement, fln^ prescribing in greater detail duties of enforcing oflkera. NmAeroua tuloEr ftittemluieuts, * * , *• ghap. 74, May 2, 1007% .'•■v 7 - f * : — ^ -ye • * * . * 196 STATE KTHOOL SYSTEMS : LEGISLATION, ETC., 11)00-8. I> 1042. Michigan (1000) : Pub. Acts. 1805. p. 205, net No. 05, provided fm* tlie miupulHor' education of children botw«*en t lie ages of x and 14 yours, nutl in elt lea between the aces nf 7 ami IG-years. Pub. Arts, 1!M>K p. 110, net No. So. provided for such (fluent ion between (lie ages of S and 15, ami in rlfies between 7 and 15, Arts. 11X15, p. 2tH>, art No. 2i * >. provideil for such i^hicnllon of children ’’hetwt'cu and including” the ages of 7 and 15 years. ihhl t t lint the latter statute does not apply to ehildren daring the 15th yetir ami until they tiivnmc Id; the intent bring to lix the same age lluilt for all children at sneh a time In their. lives, and for sueh’a term betwi'en the extremes of the former arts, ns cx|**neurc laid shown to be most satisfactory, — Jackson r. Mason, Ihs N. W., GUT. 15 Detroit Leg. N„ 400. im;>, Michigan: Amending sec. 4, act No. 144. Acts. ItHH. relative to the jKiwers of hoards of tnishvs of township high schools. Authorl/ung admission of pupils above the sJxtli (-formerly. eighth) /grmlr Extending compulsory education laws to said schools. Authorizing siK*eial eleethms or meetings, I Act No. 1 2d. June 5. P.hiT. pill. Michigan:, Amending scm*. 2, act No. 115. Acts. 1001. ns amended by act No. 171, Ads. 1!H)5. relative to ctnploynieui^J>ehi Idren. liaising age of eiuphiymenl of children in places of amusement where liquors are sold from ft to *21 ylars. - v See. 1, Pi'. 225-224, art No. IdU, June IS, 1UOT. 1 045*. Minnesota: Repealing secs. ISoi. 1 so.'), istm, ]so7. 1 nos. isop, Din, and 1S1I, Revised Laws. 1005. relative to the Employment of oh I hlren. ‘ and enuring a more mniprehensive measure. Prohibiting? employment of ehildren nmh*r 14 years of age during * iWiy bort of the term during which ihe public schools are In session. Providing for employment certilleales for ehildren bcfween 14 and PI Offinr hT iiirc, to he issued by sniteiintendeut of schools ; describing cer- tificate. - 4 I.hpiting hours of labor for children under Id. Providing immim I t |cs for violation, and prohibiting coriniu occupations • to children. Pro- viding for physicians’ eerl ideates in rer‘aln case's.’ < ‘Imp, 2UU. Apr. 22, 11>07. 1 104G. Minnesota: Amending chap. 2d. Revised 11)05. rclalhc to schools ■ for tlu' deaf and the blind, by adding sec. lOi^jrri'qirinng the attendance upon school of deaf children. ^ Requiring nttendnuee of^denf .children betwi'en S and 20 years of age ii] ton the State School for the Deaf. Providing exceptions, penalties, t mid partial. census. * • Chap. 407. Apr. 25, 11>07. , 1047. Mississippi: Regulating the employment of children In mills, factories, and manufacturing establishments, and providing for lnsjieethm of work- ing plaet^, mid for the'pmilshnient of violations. Children under 12 not to !>e employed hi any mill, factory, or miiute factoring establishment. Prescribing lnaxluunn number of hours of labor, and other conditions of employment, for children under Id. Im HiKK'tlous to be made bv sheriffs anil county health officers. Penalties. Chop. UU. Mar. JM, 11KK Kj4S*, Missouri: Regulating the emi>loynumt rffLdilldren In gainful occupaHons mid providing penalties for violation. Prohibiting employment of children under 14 years of age! and limit- ing hours of employment of children under 10 years of age; applying only to cttlea of 10,000 or more Inhabitants, Prescribing duties of em- ► ploye^s; pwffldtng for age certificates to be Issued by state factory • „ inspector; prohibiting certain emidoyments to children under 10 ytuirs of age, atxj placing enforcement of act under control of state factory inspector. Providing itenaltlea. • S. H, No. 8, p. 80, Mur. 20, 1007, SCHOOL POPULATION AND ATTENDANCE. 197 lo-n*. Missouri: Enforcing In cities <*f 5nu.(*Mi inhabitants or- over the con- stitutional right of every child in tin: State p* n\\ education, ami pro- viding for t rim ut* n ml parental schools ami attemhniee officers, ami pro- hibiting the employ met it of children during school hours. Uciveyliug, so far as applicable to such cities.' act tif Apr. 11, ’**05 t p. 1411). (/ompulsfiry atteiuhinee for all Children between S and 11 ye;\ rs. and I nr ihihlfhii between -the ages nf 14 :iml lfi years not prtivcly and regu- larly employed. for a periud of at least six Imurs eaC-h day. Providing ^fnr exemptions, for, attendance officers, and for the establishment of parental and tr mint** schools. Prohibiting employ men t of children be- tween the ages nf x and Id, uulpss provided with prescribed certificates. (Applies to the city of $t. Louis.) . S. it. No. 3(14, p. 42X, Mar. 10, 1007. I oral. Montana: Prohibiting the employineut of eldldreu In ccrtntt occupations under the age of lfi.years; pno ldiug fur the legist ratharof the age of all '■hihlreu, and for the issuance "f image certifieate and the disposition of the same; forbidding the employment of eldldreu In certain occupations without such certificate; providing for the eiffor^ymeut of the act, and provid-ug iwnalties for violatiotiH. * 10m ploy merit under lfi years of age prohibited. Age certificates to lie issued by jL-ommissinuer of the bureau of agriculture, tabor, and industry. 1 ( Ci 1 . lor, 2. # IlCfl. Nebraska: Regulating the employment unit use of child labor, and pro- viding for eaforeement of provisions and l ►enables fur violations. Prohibiting (employment nf children under 14 years of nge in s| tori lied oeeupations during hours when public, sMtools art* in Session. Ktspiirliig. etnph iy incut etM't IliciileS to he Issued by j sup'rfn t cndeilt of sehouls for eldldreu between 1-1 and HI yen rV employed. Prescribing eumlltions of e(*rt Ifieate. Limiting hours uf labor and prohibiting et*rtalu (HSMiimtlons to eldldreu betvyeu 14 mid Hiyearsof age. Providing penalties and pro- cedure in \ioJn lions. , Chap. (Mi, Mar. :t(), HM>7. Nebraska: Repeal I ng. and reenacting with muenduieuts. hoc. 1. subtil v. Id, elmp. 711. Compiled Statutes. P.hCi < see. 1 ll H .t3. Cobhey's Annotated Stat- ut(*s, Supplement, 1W5), relative to compulsory attendance." Providing that in ’city and metropolitan city school districts child) between 7 and* Hi years of age shall attend a publie day school for tfh full jH*rlod (*ach school year In which the public day schools are In ses- **!on. Detlulng more accurately conditions of ■ attendance apm evening vln/ols. f (Mmp. i:U, Apr. A. HMK. < ^ 11 * New Jersey: Supplementing chnp,'"— , . Ignvs, ,lS0d tUevisal of fxiMl), relative to the punishment of crimes. * Prohibiting unaccompanied minors under Hi years of nge from attend- ing dance halls, theaters, shows. Except by school and pier entertylu- ments. , Prohibiting mile of Ihpior to minors under IS years; also prohib- iting* such udders from frequenting billlurd 1ml He rbup. 1X5, Apr. 13, Now Jersey: Amending see. 153, ohnpf 1, Laws, (sp. soa&), relative to school attendance? Raising upper limltr of compulsory attendance from 14 to 17. Pre- scribing 8nbJ(H*tH to he taught. Exempting children above 15 completing the grammar ,Hchool, when regularly and lawfully employed; those not employed to attend ldgh^or manual training school. Tranflt>ortnthm of (inch eldldreu residing lu’dlslrlcts not provided with sufli schools. Chap. iEtJ. Apr. I3 t V.m. 198 STATE SCHOOL SYSTEMS: LEGISLATION, F,T(\, 1906-8. 1055. New York: Amending sec. 3, tit. Id.’ chap. 550, Ijiwh, 1804 (Consolidated School IanvL as added toby chap. 971. Laws. 1^!M. as amended by chap. dOfJ, Uwii, 180*1, and by chap. *159, Uws, 1903; amending se c. 5, tH. 1*1, chap. 55b. Iaiws. 1 s< M , a*Ji murnihl by chap. 159. Laws, I'.KW. and eha|i. iiso. laiws. 1 ! m » r», relative to compulsory ediicn t lim. , . Inserting dellnlte prevision rumbaing school record* renlfieates. * * (''Imp. nut, Apr. 5. 1 m n, 105*1. New York: Amending see. 71, elnip. 415, 1-iws, 1897, ns li mended l>y chap. 1S4, Ijiwh. 1003. and elnip. 51 S, Laws, 19*15; amending set*. 75 bf said elmpter. as .Inieudnl by eliap. 1M. " Laws. 1003; amending see. 105 "f said chapter, as amended by ebap. 250. Laws, l'.MKi, and ebap. 5 IS, Laws. UMgff and amending see. 1115 of said ehapler. a< ainendoil by elnip. 255. Laws. 1 1 Mi,'!, relative to lssuanee uf empl".vnieiit certificates for cMldmi * , in faetories and mercantile establishments. I dstlngnishing the dilTerent kinds of age evidence and prescribing order of e< nisi derat ion. Provisions regarding a physic iaiVs citi i finite added. -Number of slays of required aneiulanee P> be during the tinhr motif hx, Instead uf Hie school year, preceding 1 till birthday. Chap. 21 d. Mi^y 0. 19i*7. **>ri. 1. HhiTj 1057. New York: Amending see. 5, tit. Id. <4 nip. 550, Laws, 1891 (Consolidated School Law i, ns added by chap. (*7 ! , Laws. 1891, and amemled by chap. 90*1, Laws, IS! HI. rliap. 159, Laws. 1903, and, eliap, - 1**3, Laws. UHt7 ; . amending see. -1 of said title, as addl'd by elnip. *171. Laws. 1891, hn -aV) ended by chap, do* I, Laws. lSlHj, and by eliap. 4*59. Laws. 1905; inerting sec. 4H into said title; and ninending s^e. 5 of said title, as added by chap. *171, Laws, 1.891, ami amemled byyliap. 459, Laws, 1902, eliap. 280, Ijiws, 1905, and elnip. 103, Iaiws, 1!H>7, relative to compulsory education* of children. Harmonizing, with respect to cities of the first and* second /’lasses, .provisions of corupulsory isiucatjon jfml labor laws relntne to employ- ment certificates, and increasing reipiireinenl s and data for school nvonl eertltlcates for children between 11 and Pi years uf age.. “ Skction 4a. Any prluelpal or chief executive ntlh-er of a school *to whom application Him 11 have been made for a school -record required under the provisions of the labor law shall issue such school record to NiiM child hh fol low's: Such school record aim II he Issued and slgnmi by the principal or chief executive olllcid* of the school, which such child * has ut tended and Hhall he furnished, tm demand, to a child eutlth^L thereto or to the lioard, department or commissioner of’ health.* It Nliall . Aiutnln a Htntement certifying that the child has regularly attended Ute public schools or schoolR equivnleup thereto or parochial schools for not less than one hundred ami tliirty days during the twelve months* next preceding Ills fourteenth birthday or during the twelve months Aext pre- ceding his appl lent Ion for such school record aud Is able to Wad agnl write simple sentences in thy tJugllsh language, ami 1ms ivceiv**d during such' |>erii>d Instruction in reading, w.rltlug, spelling, English grammar and geography and is familiar with the fundamental iqierutUmH of urlth- liietlc up to and lnol tiding fractions. Such school record siuilt nine give tile date of birth nml resideuce of the child as shown on tlm n^ords^f the school and the name of its iwrent or guardian or custodian", - ' Chap. 5S5, July 10, 1907. (Sept. 1, 1007.1 1058. /few York: Ajmendlng art. 12, chap, 415, Laws, 1897, as added to l>y chap, 151, Laws, 1903, as amended by chap. 519, l*a\V8, 1905, relative to eim^ drefi working in street* ami public places lu cities of the first and second classes. 4 * * Adding prohibition ‘relative to sale of magazines ant} periodicals. ^ / Providing that the district superintendent or other official appointed by the hoard of education, before Issuing u itcruiU or’ budge, “shall also. ><’1(001, POPULATION AND ATTENDANCE. 199 WHIP ion; ha vo received.. eNa^nined 'and placed on tile the writt^h- Ktntoment of the principal or ohiof executive officer of the school which the child Is attend- ing. stating that such child is nn attendant nt such school, that, he Is of tlio normal development of n child of Ida jige and pTO'^irally fit for sncli employment, and that said principal or chief executive ollicer approves (he granting of a j>enoit and badge to si fell child.” Principals must also j Keep eomplete iists (if all children In llii'ir Schools possessing jHTMilts J and badges. (‘hanging date of expiration to t lie tirst day of Jnpnar.w . and mptiring change of color .for badge each year. Adding |irovisl(»n j iMd'oi-e six o'clock lii tin* morning" to section relating to limit of hours. j Providing for revocation and surrender of -permits aud badges. I J * Chap. r>ss, .Inly U>, 1907. HH 1. i 1 1 iTi! i. North ( ikroHna: lielalive lo eompulsory attendance In Goldsboro Tmva- siilp. Wifyne t’oiinty. Providing for unpnlsory a l tendance of children bet worn 7 and lt» years. Provisos, exemptions, penalties. etc. (Refers -to city of dolds- hol’i i. ) _ A i ifeudiM i* 1 1 v clup. 77\ Mar. s. 1 1M*7. making act joffm-tivo .Ian. lo. loop, ' * ( nmpJ;t7r>. i-vi>. jr», 1907 . loiio*. North Carolina: Uopuiring attendance upon public schools. Providing for the siilnnisslon of the <|iiostinn of compulsory nttendance. upon |K*titiou of any township or school district, hy thecmmty hoard of education. Prescribing procedure for such ehn-tions. • In townsriips and districts adept lug NniipulsMy attendance. and upon order of county hoard of education, children between s aud 11 years of ace must attend public school for sixteen weeks each year. excepting children over Hi. years, lawfully employed, other exemptions : Indigency * of parent or guardian, and abnormal mental or physical condition of child. ’ ^ < '(instituting the employment of children under TJ a misdemeanor ; proviso. Pi*o\ isloiis concern i lie census lists, reports*, of atteifdance hy teachers, and prosecutions for \ mint ions. - Kxcoptiug churn specitied cony lies fomi tin* ap|dlcatl"n of tlu* act. Chap. v.>4. Mar. 11. 1 !Hi7, PH’d. North Cproliuu: (’(impelling white deaf chi!dmi*to "att(*nd school. Prescribing school attendance of forty-fivi* months for white deaf clifhlrcil Itetwecu tin- ages id s aud lo u*ars. Provisos ami exceptions. ('hap. 1007. Mar. 11. 1!H»7. 1 1 I (Mill. North ('arolinn t P.hi 7) : I.aws, 190.1, p. ‘JU7. chap. '213. requiring cert a in Indian children to attend school., Is not nueoiist itut imni 1 as class leglsUi- tioti. N^ate f. Moll", .19 S. !■*... in. UHi:;. North Purolhin: Amending sec. 2, chap. 213. Laws. ltHia. relative to the eompulsory attendance of Indian children ;jt school. * Increasing period of required nttendnlice from nine lo ten months. Modifying nppllcat ion j»f act relative to pro|>orUnii*of Indian* blood — <>n«*~ sev outeent h intend of Vaie-elght h. , * . ('hap. hit; Jan. .*fl, liHiS i sp. sens. i. . North Dakota: Amending hin*. SP I. RcvlsiM Codes. 190.1, roluthe to ciunpnlsory Vdia’a t ion. Striking but elnuse eom*ern1ng eight mouths’ jioriod of attendance for den f or fwble-iniuded child. Extending wAtireciucut of act to all chil- dren residing within 3 tidies of schoolhouse (formerly 2jL Parent* and guardians not to be prosecuted without ten tfays’ notification to comply with Jaw. > *. (*hrtp. 98, Mar. 14, 1907. North Dakota: A mend lag sec. 81183, Revised Codes, 1905, relative to pro- hibiting minors In certain piddle places. $ Prohibiting “any iwrson attending a local. high school " from playing or being employed In anv |mm> 1 or billiard ^hnli. howling alley, etc. J Chap. 128, Mar, 19, 1907. 200 STATE SCHOOL. SYSTEMS: LEGISI^TION, F.T('.. 190G-8. 10WJ. Ohio; Repealing. and reenacting _ with amendments. secs. 1 , 2, aud 3 . S. B. 58, p. 321, Laws, ItMH isec. U9WO-7. Ito vised Statutes, 1900). uml 4 sec. 4. II. B. 34. p. 123. Ijiwr, ISOS < «*c ; . UUSs. H lOOi. Ohio (1905): Kev. Stat.. sec. 4022a. relating to the attendance (ft children of school age on the public schools, is vlnlntUe of cmiKtinn (on. art 2 , sec. In conferring a privilege on a portion of the children of schtKii nge who reside farther than 1 $ miles from the school where they have a legal residence, and not on others, though similarly situnted.-- Cincinnati School District r. Oakley siKvlal School Dist. No. 11 ‘*7 Ohio Oil*. Ot.,K.. S24. 10GK*. Oklahoma; Providing fop the compulsory attendance in the public schools of children between the ages of S ami lb years. Providing for exemptions; procedure for enforcement. Prescribing that necessary hooks shall he furnished to needy children. Establishing scholarship' *’Sec. 4. If any widowed mother shall make affidavit to the effect that the wages of her child or children, under id yours of age. arc neces- sary to the ru pi tort of such widowed mother, tiicn the county sui>erln- tendent of public lust rue tlou may after careful investigation. In his dis- cretion. u| h>u the recommendation t»f the school district IhmihI. or hoard of education of cities of the first class, furnish such child or children a certificate called a ** scholarship/* stating the amount of wages such child or child reu are receiving, or so much at such wages as shall ho deemed necessary so long as such child or children shall atteml the public school in accordance with the provisions of this act; which aid may he allowed and tiald*Vii>on the cert I tl cate of the county snj>erln tenders f i *f public Instruction to the child or children holding .such scholarship. by the board of couuty commissioners of the county In which such child m* children reside." (’hup. 34. II. It. 31. p. 393. April 10. EkiS. 1069. Oregon: Repealing secs. 3423, 3424, and 3423. It. Jiml C., 1901, relative to compulAyy education. Compulsory ntteudnnco for children 0 to 14 years of nge, ami children betweeu 14 and 10 years of age not regularly and lawfully employed Attendance for entire jierlod of pul'd lc-whonl sessions. Exceptions. Pro- vldtng for the appointment ami mini >en sat Ion of truaut officers. Pm v I ding alsh for procedure for enforcement, tsw* also p. 79 . \a wh. V.m and chap. 208, I^nws, 1905.1 rtiup. 70. Kelt. 23. 1907. ‘ 1070. Pennsylvania: Amending sec*. 1. act No. 335. Acts, 190h relative to school attendance mul certificates. Providing for the issuance of school certificates by n superintendent of schools, notary public, or anyone who can administer oaths In cities and boroughs, and by secretary of school board in rural districts. Hals lug age of exemption of working children who can rend and write t from t3 to 16) to 14 to 1 «. Act No. 237, May 29, UHi7. 1071. Pennsylvania: Amending secs. 2, 3, and 5, act No. 335, ActVp 9 T?*re- lotlng to school attendance, and providing attendance* officers. Providing penalty of fine of $10 to $30 for employment of a child not In attendance at school as stipulated. Authorizing attendance officers to enter axo> place, of emglgyment to Inspect the records required by lftw. Providing penalties for refusal to i»ernilt such Inspection. Authorising the dtsmlMl of children II legally employed and providing penalty for violation. Extending the police power of attendance officers to incorrl- i S^wviaiSa o" t'bTac l ■ »,■ • * i t soHOor, popri.ATinN and attf.n ii a x cf . 201 10712. Soutlf Dakota: Providing for the compulsory education of Imllau chil- dren at school# when tuition. lodging, ami board are furnished at the cxi tense of the United Stutes. Compulsory period 0 to IS. Presctfbiug inmalties. ^ ('hap. 130. Mar. 8, lijOT. ^ 107*1 South Dakota: Providing for the compulsory education of the denf and blind. 1 Mining duties and authority of rouniy judges and county suiteriii- tendeut# of schools. Providing for payment of exitenae. Chap. 137, Mar. 4, 11K17. 1074. Tcr.nessee: Providing for and enforcing the education *»f all children h»*tw«*en the ages of 8 and Id years In eonniies having'll imputation of not less than 11.000 uor more than' 11.100. according to the federal (vnsns - - of Unto, or auy subsequent federal census, and u population of not less than 17,3^0 and not more than 17.400 by the last or any subsequent fed- eral census. Minimum jtorlod of attendance fixed nt sixteen consecutive weeks. Providing for exemptions and for the care of Indigent*. Prohibiting the employing of children of compulsory age during school sessions unless provision concerning minimum school attendance has he$ 2 U compiled with. Prescribing conditions f*»r enforcement and ikmui I t U >s for violation, * t lleOanie law without governor's signature.) - dm p. 003. Apr. 2, 1907. (June 30, 1907.) Tennessee: Providing for and enforcing the education of all children between the age* of S and lb years in counties having a |*opulatlon of mu less Hum 17.300 and not more than 17,400, affording to the federal census of P.uxi, nr any subwspieut federal census. (Simitar act to preceding. Been me law without govcrnorifcybgnatur&) Pimp, 004, Apr. 4, 1907, (June 30, 1907.) Vermont: Amending see. 712. chap. 38, Statute, 1X94. as amended by sis’. 1. act No. loo. Acts, ltHM : wt*. 713, chap. 38, Statutes, 1804 ; sec. 1, net No. loo. Acts, ltHM; see. Till, clinp. 3s, Statutes. 1S94. as amembnl by sec. 2, act No. 39, Acts. MKH ; sec. 718, chap. .38, Statutes, 1$9\ as amended by S4*c, l. aet No. 20, Acts, 189K, relative to truancy and child labor. Kx tending provision* so as to Include quarries and railroad companies, Providing for school eertlttonles for children under 1(1 years uf age who lmw not completed the elementary course uf study of nine years, ' Act No. 32, Dec. 10, 100(L Hi77. Vermont: IYovlUlng educational privilege* for children of school age in nuorgnnlaed towus or gores. Authorising Ibe commisaipner of taxes of unorganised ‘town or gore to assess a tax. not exceed In jrfrt |ter cent, for luiyniMM^of ex ) tense*. not to exceed $1.30 m week. Uriintlng to commissioner of taxes the jiowera and duties of school directors and truant officers of organ iced tpwns; and ex tending provisions of attendance laws to unorganised towus and gores. Act No. <30. Nov. 21, 1900. (Apr. 1. 1907.) 107.8. Virginia: Regulating the employment of children lo factories, mercan- tile establishments, workshops, und mines on nud after Mar. 1, lpOO, Fix lug minimum age limit at 13 yenrs after Mar. 1, 1900, and at 14 years after Mar. 1, 1910, Providing for exceptions and penalties. (No mucatlonul provisions.) rhup. 301, Mar. 13, l IK IS. 1077., 4 K)7b. ERiC 202 STATE -SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. t 1079, Virginia: Providing, In certain cases, for the^ compulsory attendance of children betweeu the uges of S and 12 years upon the public schools, anti providing innialty for failure, and designating tUe manner of collecting such penalties. • Requiring attendance for twelve woek$ In each school year, six of which to be consecutive, Numerous causes for exception. Act to become • operative within any county, city, nV town only after submission and adopt loll hy qualified electors. Prescribing election pnR'edurc, . Chap. 3(W. Mar. 14, 190-8. MOSO. Washington: Regaling chap. 13C, Law's. 1903, relative to child labor, and enacting a substitute. Prohibiting employment of i>ersons tinder 10 years of age as messen- gers. Providing f«c ]>erniltN to lnl>or to be Issued by judge of juvenile , court to male children #ver 14 years of age. Chap, 12$; Mar, .11, 1907, 1081. Washington: Relating to the compulsory education of children between (be ages of N and 15 years, foi bidding the employment of children during the session of the public schools, providing j tenuities, nud repealing con- flicting acts, (3mp. 231 , Mar, 1(1, 1907. 1082*. Washington: Amending sec, 71, chap, IIS. Ijiwk, 1807 (Code of Pnhllc Instruction), relative to compulsory ntteiulaiur. Extending annual jterlod of compulsory, uttendnnee from tints' months to the entire-sesslon of the public schools. Sec. 7, chap, 24n, Mar, is, i«»07. 1083. Wisconsin: Ser cnacttt&ut Vo. /JJtf. ’ 1084. Wisconsin: Amending sec. 55S. Statutes, 1898, as amended by chap. 450. I \v s, 1901, relative to the npi»ortlonnient of the school fund. Requiring the maintenance of an eight (formerly. seven) months’ session. Chap, 108, May Id. 1907. 108T>*. Wisconsin: Amending secs. 43lfn' and 430b, $lututeH. 1808. as amended by chap. 189, Laws, 1903, and adding secs. 439cb, 439oe, and 439cd. rela- tive to attendance at school. Requiring attendance of children between the ages of 7 and 14. and of those between 14 and 1(1, unless employed In accordance with chap. 349, I^aws. 1903, (luring entire nnnunl session of school In cities of first class, olghi months in other clfleR, and six months (formerly, live) la towns and village* Defining “ regular attendance." Fixing time of enrollment Prescribing compulsory attendance without exemption on account of distance from school In districts furnishing transportation. Providing for exemptions of children completing course of study of common schools. Requiring ten ( formerly, ■* three) or more truant officers In cities of the first class, and one or more In cities of over 2,000 (formerly, 10,000) Inhabitants. Making sheriff, mfdefslierlfr, and deputies truant officers In smaller cities, towns. And villages. Providing for .census lists, reports of attendance and nounttendance of pupys, and for procedure for enforcement of act. Providing aim for compensation of truant officers and sheriffs. Chap. 440, June 29, 1907, 1080. Wisconsin: Amending secs. 1 to 10, Inclusive, chap. 274, Laws, 1899, aa amended by chap. 182, Laws, 1901, os amended by chap. 349, Laws, 1903, * and making them secs. 1728a to 1728J, Statutes, 1898, relative to child IaKam * labor. J SCHOOL DISCIPLINE. 1 208 Granting to register of probate same power ns officers already desig- nated in issuance of child lal>or i>ermlts. Porbkldlng delegation of such 1 tower, and requiring that child must 1 able to read nud write simple sentences in the English or bis native language as a conditinn for grant- ing |K*rniit. ^ Enumerating in greater detail places where children under the age •* j of Hi years may not t*o employed. Making maximum number of work- itig hours In one week tifty-tlvV, ('hanging hour limits froui It at night and f» in the morning to U at night and 7 In the morning, except for ] . children working in stores, or newslmvs, j Leaving to |s*rson issuing i»ermit decision as to physical ability of child. ! Increasing minimnm tine of employer violating law from *10 to $25, and providing that employer or parent may he imprlsomsl In county Jail thirty days. ('hap. July 0, 11>07. 10*7*. ‘Wyoming: Ucpeallng secs. 554 mid 555. He vised Statutes, 1S00, relating to compulsory education, and enacting substit tiles. I-’ixing period "f compulsory attendance: clilldren between 7 and *14 to • attend school each year for t lie first six mouths. during which the public m linnh m e in session. Kxeept ions, Providing for enforcement by sher- iffs, rnnstuljles. and truant otfieers. Clerks of school dist rleis to furnish j officers with cumneration lists. > * 'Imp. XI. Kek 21. 1IH)7. I. SCHOOL DISCIPLINE. i The most significant legislative event of the biennium has been the decisive manner in which a number of States have acted against | the so-called high school fraternity. The extent of this legislative j activity is* indicative of the importance that those organizations have assumed in the life of the secondary schools of certain States. f Owning to the widespread interest in this legislation, it has Wen thousrht desirable to present in full several of these enactments. (a) General, 10SS. California: Adding s«x*tlon I*(i7b to the Penn I Code.' providing against the offense of hazing. “ WhoRoever being n student. or being a lvi wm in attendance nt nny public, private, parochial, or military. Hchool. allege or other educational institution. conspires to haze or engages in hazing or commit any net that Injure**. degradeK or disgraces. or tends to Injure, degrade, or dls- V grace any fellow student or |terson aUeiwllug Bwrh ihaUmtion shall be guilty of a mi*1euieanor, and U|Mm mnvh'tlon Him 11 Ive fined not lean than fifty nor more thnn five hundred dollars, or imprisoned in the i*ounty Jail not more than six months, or l»oth.** Chap. 4.^1. Mar. 2 2. 1007. lOHfl. Colorado: Providing for the prevention of “hazing** and other vicious practices In state Institutions, and for the punishment thereof. Hequlrlpg officers of state Institutions to punish, dismiss, or exjad teachers, employe^ or students found guilty of hazing. ~ : ^ ' 7 2D4 STATK SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. I> HiOn. Illinois i 1008) : a A rule adopted by the board of education ft thr city of Chicago adverse to secret school societies held neither uu reason- able nor unlawful.— Wilson r. Hoard of Education of Chicago (III.), *4 N. E., 097. • !> 1001. •Illinois MOOS): "I*er cvrjam. This was a bill in chancery filed by \ _ tUe plaintiffs In error In the circuit court of Cook County to enjoin the defendant in errol* from enforcing n rule adopted by the fiefeiuynit in error known,- us the " anftfrntcrnity rule.’* A demurrer was lutcritosed to the bill and* sustained and the bill dismissed for want of equity. The decree of the circuit court was affirmed by the npiwllate court for the \ first district, and this writ of error has bwn sued chit from this court i i to the appellate court to review the judgment of that court in affirming p , tfce decree of the circuit court. ) " The questions raised upon this record nre identical with those raised in the t*flse of Wilson r. Hoard of Education of Chicago, 23,'i 111,, -MM: H4 N. E.. 097. ami the decision In tlult case Is decisive of this cast*. In ; accordance, therefore, with the holding of this court in that cose, tin* ' ' . * judgment of the npiellate coiyt affirming the decree of the circuit court will he affirmed." * Judgment affirmed.— Favorite et ah r. Board of Education c»f Chicago. S5 N. E., 402. 1002. Indiana: Enlarging the powers of Ixmrds of school commissioners, boards of trustees, township trustees, superintendents of schools, and others having thr government of such schools, prohibiting secret societies and fraternities, and declaring an emergency. . v " Sfction 1. Be i/ enacted * * *. That the common schools of the State of Indiana, both elementary and high schools, shall be iq»en t<» all % children until they complete the courses of study In said common schools, subject to the authority of the teachers therein ami to all the rules and regulations pro\ hied by the proiK*r authorities for the government of such sc lands. It shall be unlawful for the i>upl Is in any of the ele- mentary or high schools of this State to form secret societies, fraternities * or other similar organizations In such schools; and the hoard of school commissioners or Imard of trustees of any school town or city, am) the trustee of any school township, and the su)>erluteiHlent of any school, are bcreliv requited to enforce the provisions of this act by sns|H*mllng, or. If necessary, expelling a pupil in any elementary or high school who refuses or neglects to obey such rules or regulations or any of them. " Sko. 2. An emergency exists to r Die tmmedlnte taking effect of this act. and it shall be in force from and after its passage." Chap. 27 S, Mar. 12. IfiOT. t D 1093. Iowa (1900) : I’mler ■ Code. s<*c. 2772, authorizing school directors \o make* rules mul regulations for the* goverumetit of pupils, the board of ' * directors of a high school had authority to prohibit pupils of such school from playing football In n game purporting to be played under tin* auspices of the school by a team purjMirtlng to represent the school, though the gnuie was not played in school hours nor ou or near tin* school ground a. — Klnzer r. Directors of lndei>endeut School Dlft. of Marlon, 105 N. W.. tm / ■ lOfW*. Kansas: Making It unlawful for high school pupils to belong to auy^ secret organization In any way connected with public schools. “Section 1. It shall be unlawful for the pupils of any high schools to iwrtlctpnte hi or Ik* menders of any secret fraternity or secret organiza- tion whatsoever that Is In nny deg fee n school organization. “ Sec. 2, Any boards of education or board of trustees of comity high oeboftiB aice hereby authorized and empowered to deny to any student regu- larly enrolled In such high school, who shall violate sectlou 1 of this net, nny or all of the privileges of such high school or to expel such student for failure or refusal to comply with the requirements of this net. "See. 8. This act shall take effect from and after Its publication In statute-book." v , • , s * Chap. 820, Mar, 9, 1907. "8 23 T « Bet p, 32ft for complete text of decision. T'-’V SCHOOL DISCIPLINE. 205 Minnesota: Prohibiting secret fraternities and societies being formed in ibe ViibUe schools of the State, empowering and making it the duly of ^ school directors to adopt rules and regulations relating thereto and to enforce the, same, and nmCing it an offense to solicit phpils to Join them, and prescribing the |>ehalty therefor. *• Prohibits secret /ra/rmi/ics t'n the public schools. — Section 1. That from and after the passage of this act it shall.be unlawful for any pupil, registered as such, and attending any puhlic high school, district, primary or graded school, which is pnrt in Ily or wholly maintained by public finals. P> join. InVnme a memher of, or to solicit any other pupil of any such school to Join, ur become n member of any secret fraternity or society wholly or partially formed from the membership of pupils attending any sncli sch(H)ls or to take part in the organization or formation of nnv such fraternity or society, except such societies or associations as are sanc- tioned by t lie directors of such schools. " Directors to establish rules and regulations,— Se.c, 2. The directors of pll such schools shall enforce the provisions of section 1 of this act. aiul shall have full power and authority to make, adopt and modify dri I rules and regulations which in their judgment and discretion may in; nercsssiry for the proper governing of such schools and enforcing all the * pmvisinns of soso of governing such schools or enforcing wv. 1 of this act. "Soliciting a misdemeanor, by persons, aoj pupils — municipal amt justice courts to hare jurisdiction. — Sec. 4. It Is hereby made a misde- meanor for any person, not a pupil of such schools to he upon the school grounds, or to enter any school building for the pur|>oso of ’rushing' dr soliciting, while there, any pupil or pupils, of such schools to Join any fraternity, society, or association organized outside of said schools. AIT inunlcl|ml courts and justice courts In this State shall have Jurisdiction of all offences committed under this section, and all jiersons found guilty of such offences shall he fined not less than two dollars unr more than leu dollars, to. lie imkl to the city or village treasurer, when such schools are situated inside of the certiorate limits of any city or village, and P> tjje- 'bounty treasurer, when situated outside of the corporate limits of „ any such city or village, or upon failure to pay such fine, to be Imprint ^ ' oned for not more than ten days. " Src. 5. All acts and parts of acts Inconsistent herewith are ln*rehy n»jH*nlcd. * Chap. 140, Apr. 11. 1007. intHt. Minnesota: Prohibiting the mamifucture, sale, or use of adulterated < and hy i.fi minor pupils of the public schools. IVfhiing age limits, j>enalties. etc. (’imp. :Wd. Apr. 21. 1007. 100 1 *. Ohio: Abolishing fraternities, sororities, and other like societies among pupils of the public schools. " Section 1. It shall be unlawful' for any pupil of the public schools of the state of Ohio In any manner to organize. Join oj l>elong to any frater- nity or sorority or other like societies coni|K>sod or made up of pupils of the public schools. ** Src. 2. It shall be the duty of every teacher, principal, or superintend- ent bnvlug knowledge or reason to believe that such fraternity, sorority, or like society 1 b being organized or maintained In any of the schools of the state, or that any of the pupils attending Bal^jghools lire organising jsssSu. ; 206 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. or belonging to snob fraternity, sorority or like society, to advise imme- diately the president or secretary of the board of education in charge of such schools of such facts. Upon receipt of such notice, it shall be the duty of such board of education, witlitn thirty days after the receipt thereof, and after not less than ten days’ written notice to tin* persons charged with violating this net. or to their parents or guardians, to investi- gate the charges 'therein contained, nod If such hoard of education rtnd the same to be correct and true, it shall be the duty of the secretary of such board to notify immediately, in writing, any and nil pupils organiz- ing. joining or belonging to such fraternity, sorority or like society to disband and discontinue tin* same and to withdraw therefrom within five days from the 'receipt of said notice.- “And If within such time any pupil guilty of organizing, joining or l>elonging to any such fraternity, sorority or like society shall fail to (they said notice, said pupil shall have violated the rules of the school ami be Immediately sus|»emled from the public schools of tills state. by the sui>erintendent or principal In charge of the same in cities or districts having such srii*>rlntendciit or principal, or by the clerk of the board of education in villages, special ^Hid township districts not having such su- perintendent or principal, until such pupil shall comply with the order of ■ the hoard. “ Sec. :L Any officer, teacher, principal, suj>erlntendent or other persons mentions! In this act neglecting To |terform -any duty imposed uj«m him by tilts act, ujam conviction thereof, shall he fined not less than ten dol- lars ($10) nor more than twenty-five dollars ($25) for each offense, * "Skc. 4. Tills act shall take effect and be in force from and after tie* first day of July, 1908.*’ II. R. 3 1 20, p. 2.VL Apr. :!<». 190S. (July 1. 1908.1 D 100S. Washington < 19n5i ; Laws. 1 : m g ; . p. :12\ chap, l.'id. see. \2. pro- hibiting "any person" from disturbing a public school, is sufficiently broad to Include an enrnil**d pupil of the school disturbed. —State r. 1‘aek- euliaui, S2 I\. 597 : 40 Wash.. 40,'t. 1 D low. Washington (1900) : ltnllingcr’s Ann. Codes and Stat., see. 2:t:!l. pn»- \ Ides that every common school shall be open to nil children between the siHviiled school ages. Stn*. 2.T19 provide that fill pupils shall comply with tlie regulations established for the government of tlie schools and submit to tlie authority of tenders, and see, 2.’ltl*2, sulallv. 5. authorizes school directors to adopt und enforce such regulations as may be dmimd essential tujflie well-being of tlie school, and subdlv. 0 authorizes them to suspend or exited the pupils who refuse to obey the rules. Ifrhl . that the directors of a school district had authority to deny to those pupils belonging to a Hocret fraternity contrary to the rules of the schitol par- ticipation in athletic, literary, military, and similar school organizations, constituting no part of tlie school work, though tlie meetings of the fmternity were held at the homes of the members, after school hours, mid with parental consent. — Way land r. Hoard of School III motors of IMst. No. 1, Settle. 80 I\. 042. 3100. Wisconsin: Creating secs. ‘4(i0sv and 4UOHw. Statutes. 1908, prohibiting the use of cigarettes, cigars, and tobacco by persons under sixteen years of age. Rrovldtng tine of not more than $10 or imprisonment for not more than thirty days for any {ter son under sixteen found using tobaeeo In any public place when not accompanied by parent or guardian* Providing same punishment with increase' to $25 for second offense', or for anyone allowing such a person to nse tobacco In or ii|H>n premises occupied by him. Chap. 403, July J, 1007. Vv 1 school ^disciVline. 207 (b) Corporal Punishment* I' 1101. North Carolina (1904): Where n school-teacher exercises bis judg- * nienMn whipping a pupil, the presumption is thnt he exercised It cor- rectly— State v, Thornton, 48 S. E„ 602; 136 N. t%, 010. Within the sphere of his nuthoYlty, the school -teacher I* the judge ns to when the correction of ft pupil Is required, nnd of the degree of correction necessary. — Ibid. When the correction Administered by a schoolteacher Ik not in itself Immoderate. nnd therefore beyond the authority of t lie telpher. Us legality or Illegality must depend entirely on t ha, quo mi into with which it is administered. — Ibid. Where a school Inis not been well managed prior to defendant's eiiK ployment ns t ember, and he \v;is specially mpiested to he more strict hi uon]>el)lng obiHlienee to the rules, he has no more authority by reason thereof thnn lie wtuUl otherwise have iMissesned. — Ibid , 1 1 1102. Texas (1007): File jury*, lb determining whether a teacher, who punished a scholar, was polity of assatflt, must consider Ids acts and the nets of 'the rfrhoinr. nnd the teacher’s guilt must not he measured alone hy severity nf the punishment, hut hy his Intention fn inflicting it; nnd If the punishment win* indicted in pood faith, without intention to injure the scholar, hut only to enforce the rules of the school, the teacher was not guilty, though he used more force thnn wns necessary. — (;reer r. State. HX! S W.. 359. Where n teacher corrects a scholar mid Inflicts corjiorsl punishtnenl. the presumption is tlmt the same is done in the exercise of lawful authority, mid it does not devolve on the teacher to show his innocent . intention ; and. if the punishment Is infllcp’d without any ’.Intent to injure the scholar, thy teacher is not guilty of ussuitlt. though the punish- ment Is more severe t Inin nueessary.-^-/?nV. • (c) Suspension and Expulsion. 11**3. Kansas: Repealing. and reenacting wlrti ameiidiiiciit. sec, 14, chap. 147, Laws, jssil. relath e*to county high schools In counties havi.g a populu- t ion nf 6,000 or over. I leflnlng authority of principal over pupils mid grunting jHover to sus- pend sin’ll. „ 1’rmidlng for committee to examine tenchers. Prescribing qua 11 flea t tons of* teachers. * Chap. 335. Mur. 9. T007. 1* 1 1*' I . Wisconsin (1908) A school Uxtrd has no jwtwer to require the pay- ment nf money as n condition of reinstatement of pupils under susjH'n- sion,— State r. District Ronrd of School Dlst. No. 1 (Wls.), 231!. A school board mny, under the expyesH provisions of Stnt., isos. m*c, IRO. make all rules needful for the government of tin* school, and may siis)*cml any pupil for noiicompliancc with rules made hy It or Uv the teacher with lla consent.*- -Ibid. \ A pupil may lie punished for misconduct, although no rule lt*«Jliceii promulgated In regard to such conduct .—Ibid. Dower of school authorities to suspend pupils slated. / bid. } ft Srt* p fur i-t*«u }ili*i«* ^eM «»f iIimMsIod. \J 208 STATE SCHOOL SYSTEMS: LEGISLATION; ETC., rjch{ children are exposed each day. 1 lion*. Ohio: Providing for tin* protection of tin* live? of school children by . nu adequate eompnlsnry fire drill. ** Section 1. It shall be the duty of the principal or other person in dmrgo of (*very ‘public or private school or cducntlnnnl institution- within tin* stale. having an average daily attendance of fifty or more pupils, to pisirm-t ■ *nml train the pupils by means of drills, ho that ihev may in sudden emer- gency be able to leave the school building in the shortest |H>ssihii' time and without confusion or panic. Such drills or rapid dismissals Hindi hr held at least once for each mouth when said schools tire in session and • all .doors of exit shiill Im* kept unlocked during schord hours. “That every teacher or instructor in every public, private or punx-hint school shall devote not less than thirty minutes in each pmutli during which tin* school in In session. to histnietlou of pupils betwivn the ages of six and fourteen years, in tire dangers, “ Kor the pui*|mse of such iustruettou it shall Ik* the duty of the state fire marshal to prepare u h(H>k conveniently arranged in chapters, or les- sons. such chapters or lessons to he In number sufficient to provide a dif- ferent chapter or lesson for each W(*ek of (Ik* maximum school year, one of such* lessons m be read by the teachers In such schools each week. The books shall he published at the ex ) anise of the state under the direc- tion of the state schook rotund sooner and shall be distributed in quanti- ties sufficient to provide a copy for each teacher required by tin* pruxi- ' \ filoiis of tins net to give the instruction herein provided for; the distri- bution to he mnde by tin* state school commissioner, ** Sec. li. Willful neglect by any principal' or other person in charge of Huy*publle or private school or educational institution to muddy with the provision of this act. shall he a misdemeanor, punishable, each offense, by a tine of not more tlinn twenty nor less than five dollars. “Sec, 3, It shut! be the duty of the members of school hoards, school directors, trustees, or ot|ier body of j>erH 0 UN having control of the.scliools of any township, town or city, to cause n copy of this act to ho printed in the manual or handbook prepared for the guidance of teachers, where such manual Is in use or may hereafter come in use. * Sf.c, 4, The (provisions of tills act ahajl apt apply to colleges nml uni- versities.” H. It. Apr. ITS. J. HEALTH REGULATIONS. Among the comparatively few enactments in this section are to l be found severaLtfhich, when taken ih connection with the judicial interpretations cited, may easily bo regarded as of eminently pro- : gressive rank. That of Connecticut (1120) concerning the appoint - ment of school physicians, that of Louisiana (1121) relative to |; physical examination of children, that of Massachusetts (1123) * ST relative to the appointment of school nurses in Boston, and that of Wm^lr . : HEALTH REGULATIONS. 209 Virginia (1125) providing for the testing of the sight And hearing of pupils of public schools r^presgpt a new and growing movement to increase the effectiveness of the efforts of t he pul^p school. Tli several judicial decisions cited/ Arkansas (HOG), Illinois (1108). Massachusetts (1111), New York (11 12). North Carolina (1113), Ohio (1115), and Pennsylvania (1117, 1118). while not per- haps of wide general interest, are clearly indicative that 'the prac- tice of vaccination has I Jerome firmly fixed as a part of our general American protective social policy. The Massachusetts act ( 1 1 10), adding instruction as to tuberculosis' ami its prevention to the proscribed 1 i-t of subjects fo be taught in the public schools, is classified here in spite of its very obvious mis- placement. 4 (a) General. IMHMI. Arkansas : A child nf school age, stacking to compel the school hoard to admit ■U m to a school without first complying with a rule of the hoard requiring a pupil before mlmisshgi to the school to be \uorhiHted. can not complain Unit * the rule makes a certificate of a reputable physician showing llmt the pupil has been successfully vaccinated conclusive evidence In favor nf the pupil Umr he has com- piled with the rule.— ,\ nten r. Hoard of Directors of Speclul School Dist of Little Rock, 104 <4. \Y., 130. lli'T. Ca!|fornia: Providing for the preservation of tile public lienlth, and em- powering state hoard of health to enforce provisions, ami providing IKMiallles for violation. Providing for tlie probation nf schools by the exclusion of tlmse a fTecteil with any contagious, Infectious, or communion hie disease. Sec. 17, ehup. 492, Mm*. 2*, 1907. # I> HOH. Illinois (1909) The general police lowers of a city authorizing ordinances for the promotion of health or the suppression of disease do not Include the passage of an ordinance making vaccination a condition p melon t to the right of education. — Peiipte r. Hoard of Education pf <’ity of Chicago (HI.), K4 N. lv, 1040. A city ordinance prohibiting any child not vaccinated within seven years from attending school hrhl nnreasntinhle and void. --/bn/, lid:'. Massachusetts; Amending sec, 0, eYuip. 44, Revised Uiws, 11)02, as amended hy chap. 3 f 1 , Acts, llMKt, relative to certltl(*ates of exemption from vaccination of children attending public* schools. Providing that physician's certificate contain statement of cause tof which granted. ( Cluip. 21.\ Mar. 10, 1907. " U10. Massachusetts: Amending sec, 1, obap, 42, Revised Laws, 1902, relative to instruction In public schools. Adding instruction ‘*hs to tulterruloMis uml Its proven! Ion " to the pre- scribed 1 lst. # • Chap. 1K1, Mar. fl, 1908, a See p. ;t20 for complete text of decision. r "210 STATE SCHOOL SYSTEM8 1 LEGISLATION, ETC., 1906-8. D 1111. Massachusetts (1007) : Ilev. Laws, ehup. *12, sec. 27, gives the school committee of a town general charge mid suiierintemlence of all ynhilc , schools. Clmp. 44, sec. 3, gives children the right To attend the piddle schools, subject to such reasonable regulations aA to (pm II flea t ions of pupils and other school matters as the school committee shall from time, to time prescribe. Sec. (i provides that n child who has not been vac- cinated shall not be admitted to n public school except on presentation of a- certificate signed by « regular physlclnnfchnt he Is not a fit subject , for vaccination. During an epidemic of sinal][>ox a school committer enacted a regulation excluding from attendance all un vaccina tod chi I dren. Held , that the town was not liable for excluding a pupil under such regulation, though she presented the certificate that she was not a fit subject for vaccination, as the exception contained In sec^has no •application when Micro Is particular reason to apprehend dungerfroni ■ an epidemic of smullpox.— Hammond v. Town of Hyde park. mo V K.. 05o. D 1112. New York (1004): Laws, 1X93, p. 1495, chap. (Mil, as amended by Lrfiws, 1900. p. 1484, chap, 007, stv, 2, being see. 210 of the public health Jgw, excluding children not vaccinated from the public schoolk until vaccinated. Is n health law enacted In the reasonable exercise of the IMfiice ]M)wer. Judgment (Sup. 1903) 84 N. V. S., 712, 11 dinned.— Vle- melster v. White. 72 N. E.. 97; J79 N. y„ 235. D 111». North Carolina (1904) ; fl Hide of school board of city making a scholars vaccination prerequisite to attendance held authorized, nnd ap- plAoable to a child, though Mier health would' not admit vaccination.— Hutchins v. School Committee’ of Town of Durham,, -49 S. E. f 16. e y l * 1114. North 'Dakota: Providing for tin* creating of a public health la’ oratory. , * for control of such laboratory, and Tor the apixdntmont and duties of u director. laboratory to he established at the stale university. Professor of bacteriology in the medical college to he director and ex officio state bacteriologist, 'Chap. 238, Mar. 7, 1!M)7. A D 1115. Ohio ( 1905) : Rev, Stat., sec. 3086, empowering the board of educa- tion of any school district to make and enforce such rules and .regulations to secure the Vaccination df, and to prevent the spread of sumll|H>x , among, the pupils attending, or eligible to attend, the schools of the .lis trict, as In its opinion the safety and interests of the public require. Is a * reasonable exercise of the police [xiwer of the State, and the validity of a resolution passed fay a board of ^duration under the iwwer thereby con- ferred. excluding frVmi the public schools all chlklren not vaccinated, or who did not furnish a physician’s certificate oxen Bing them from vac- cination, does not defend upon the actual existence of smallpox In the community, nor upon an apprehended epidemic of that disease — (1907) V «tate v. Hoard of Education of Village of harherton, Hi N. E., 5GS ; 70 Ohio yt., 297, affirming judgment 29 Ohio Clrr Ct. It., 375. . 1116. Oregon: Providing fo. the establishment and enforcement of quarantine regulations. Prohibiting the attendance at school of persons from quarantined plnccB. * * . Sec. 7; chap. 70, Feb. 23, 1907. 1117. Pennsylvania (1906):* Act June 18, 1895 (P. L., 203), requiring ex- clusion from public schools of children who have not been vaccinated, Is’a valid exercise of the police power. — ftttill t\ Reber (Pa.), 419, Act June 18, 1895 (P. U, 203), relating to vaccination of children in public schools, held not a violation of constitution, art. 10, sec. 1, reo Hir- ing maintenance of public schools.— f6(d. a See ip. 322 for complete text of decision. * Bee p. 326 for complete text of decision. I v 4 HEALTH REGULATIONS. 211 nn n n». ***"7 H(i ' K ; u - v - (r - a>"). considered and held tlmt the fact that there has been no snmll|>d* In a certain locality for forty years docs not prevent application of see. 12. excluding unvnc- clnateri culldmi. — Ibid. Act aThdp 18. 1*95, *><•. 12 XI*. I... li<>7). excluding uuvurrlimtnl children froin tho pnUlic hcIiomIk. Ik Id imt a trespass on the reserved rights of an individual beyond tilt- police power. — Ibid, I.S Pennsylvania Act June is. 1S95 (V. u. 2U1M. provides that .uMH * n C,nw ; of .T lm ° l8 Sll;,n rvf,,Hr il,ln,iHwln » to children except on Ml nmateof a |dij sicinit tlmt they hiivr been sureessfnlly vacclniited or md anmlllto x. Held, that such duty is imiHwd upon super interments, prlncipa 1«, and teachers in rlinrge of school^ and uunidmmis will not He o cornel hcIioo dim-tors to ethnic a child fmm school who has fallal to ohtoln a cert Ulcate.— Commonwealth r. Uuwe, i; 7 a., 5(1 ; Pa., 1(>P, WiNco.iHin: Creating hwh. HU1. Hl.iin. and HI3n, Statutes, 1898, pro- vidf'»K the control of smallpox in school districts. t w R , t *? n « in,r i Ior111 }"*'*' ° f ll<,J,ini to prohildt attendance at school for t\\ eiitj -n\ o days of all ihtmoiih not recently vaccinanH whenever small- pox IS | n*t*s«*nt ill the district. Providing for renewal of prohibition for IirX’rrr r & : lyH If mMVSKlir ‘ V: for ! myinnix for vaccination children. hull ^ nt I'^vnls. or. If nwessary. for free vaccination of all * (’hup. li:i. May 20, 1907. (b) Physical Examination and Medical Inspection. Concerning the npiMdntment and duties of school physl- 1120. Connect! rut: ciaiiK. _ Skction 1 The board of school visitors, hoard of education, or town *,* committee of any town, or the hoard «,f .-duration or committee or any school district, may npisdut one or more school physicians and * to any public school within Hie limits of such town or school district, and shall provide stall school iihyslchms. when so npitoinled. Willie proper facilities for the performance of their duties. •• SKC. 2. Every school physician so appointed Hindi tmike n prompt ' oxaia Innt Ion of till children, referred to him ns hereinafter provided, and finch further examination of teachers, janitors, and school buildings ns In lilfu.pliilon the protection of the health of the pupils may require K wh| S h Kl ': A '"‘I «''l-ruit«»l.."t. prlnelpiil. or (eucher of any school to shi.n 'rof r 100 1 ' 1 lyH ,' , V' I hns bwn ,lw| Kmsi as hereinbefore provided shall refer to sm-h physician eve»- child returning to school without u ™!" f w ' 1 ‘7" h 0,,1, ''' r 0, ^"’" r ‘ 1 of **™ltli, after absence on uc- (o ait of l"uess or from unknown emtse. an.l every child attending such s.-hoo! who apiK-nrs to he i U ill liealth. or Is susp.-cted of being sick with any contagious or Infectious disease, unless such child he Inuneflintelv xi uded from such school under the provisions of the generifl sta Hites or he sanitary regulations In force In said town or district; provided- it In the case of schools In remote nud Isolated locations the school car'rv Od th llny ""J’ 11 ? tllt,r Rrran K pmen,f ‘ «» 'nay he advisable to carry out tin* ptiritoaes of tbla act. Nf.c. 4. llie no bool authorities of any town or school district which this *et W !h«u " |lh - vsl< ' ln " ln itccordnnce With the provisions of +£ JJA » h ? < ’"V fW <,v i' ry c ' hlM httendlng the publle schools therein to fre separately and cnrefully tested and exnuilnod nt least once In every • y t" r ’ 0 n8C,,ptaln whether such child Is suffering from defective meh t nhiM e r r n *' ° r a " y HtllPr ,)hj:elonl dlsa hi II ty tending to prevent fT °? re «‘ lv| ng the full benefit of school work, or requiring a modification of such school work In order to prevent Injury to the child or^to secure the beat educational results. • , ' of the disease or defects. If any, from which any child la found by aucb school physician to be suffering shall be given to the 212 8TATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. parent or guardian of such child with such advice or order relating child w thereto us said physician may dk*m advisable, and whenever any child showH symptoms of any contagions or lufectluus disease notice shall also be given to tl»e health ollk-er or board of health and such child may be excluded from attendance at Such school tn accordance with’ the prn- vlsi(«flH of the general statutes or thO sanitary regulations In force In the town or district, •• Sec. 0. Whenever the hoard nf school visitors, board of education, or town school eoimnlttee of any town, or the hoard of oducuthm or dis- trict eoimnltt<*e of any school district shall have np|Hduttsl a school phy- Btclan as provided In section one of this net, said board or committee may also" npladut ir matron or 4»irse who slmll take such action, under the dlfi'ctam of the school physleian. as may he nm'ssary ft* safeguard- lug the health of the pupils and teachers of the schools, Snell matron or nurse slmll also act. under tin* tlirort of schools In the several towns and school distrain, " Chap. 207. July U, HW*7. H21*. Louisiana: Requiring the state hoard of health and superintendent of education to^aepare or cause to be prepared suitable test cards, blanks, ami record hooks, and all necessary appliances to be used in test lug. the sight and heading of pupils In public schools. . ' Act No. 202. Julv 0, IPOS. 1122, Massachusetts: Amending sec*, 0, chap. 502, Acts, ItKH!. relative to nuilieal inspection in public schools. Increasing authorized annual expenditure by state hoard of education to $«00 t formerly, $r»00). (Mmp, mi Mar, 10, 1008. 1 1271. Massachusetts: Relating' to the appointment of nurses by the school cojnmlttee of the cl tv of Roston. •* Section 1> The school committee of the city of Boston, shall appoint one HniK'rvisIng female' nurse and so many district female nurses as -in their opinion are iu i eeHsnry. The said nurses shall hold otliee for such terms as the school committee may determine ami shall perform such dntieij as the committee may deslgflnte. hut inure partleulnrly they shall assist the medical Inspectors In tlielr work in the piddle school n of thow city, seeing that the directions given by the iiiH|>oetors are carried out, mid giving such Instruction to the pupils au will promote tlielr physical welfare. ** KrV, 2, No person shall be -apixdnted as one of the mild niirseH unless she has taken n course of Instruction In, and has graduated from, some hospital or similar institution giving u course of lnstrdetkm In nursing at least two years in length, and bus presented to the school committee satisfactory evidence that she Pisceses good character and health, imr unless, ln.addltlon, she slmll have passed un exanilnatiou given under the direction Of the school committee *iud designed to test the applicant’s training, knowledge, diameter, experience nwl aptness for the work, “ sec, 3, To meet the. expense Incurred ifnder this act thb school commit tee of the city may appropriate, in addition to the amounts allowed by chapter four hm£red and forty-eight of the acts of the year nlueteen hun- dred and one, awnn the same manner In which other appropriations for the support of the public schools of the city are umde by the school com- mittee, a sum not exceeding ten thousand dollars In the current financial year* and In each' year thereafter two cents upon each one thousand dol- lars of the valuation upon which the appropriations of the city council of the city are based.” Chap. 367, May 3, 1007. TEXT-BOOKS AND 8UPPLIE8.. 213 1124. Massachusetts: Uei>ealing see. 7, chap. 502, Acts. 1900, limiting ex- penditures for medlcul InsjHMtlou in the public schools. Chop. 412, Apr. 17, 1908. •412G. Virginia: Providing for tho testing of the sight und hearing of pupils in public schools. I Mrectlug state su|>erlntcudeut to prepare, with the advice and np- proval of slate hoard <»f healtlwSidtahle test curds, blanks, record books. Instruct ions. etc. Principal nr teacher to make nunnlmitloim. Iic]H>rtH to state superintendent. Appropriating $400 for 190s mid fcioo annul* J Is thereafter. Chap. ;i77. Mar. 14, litOS. K. TEXT-BOOKS AND SUPPLIES. Of the* legislation grouped under the general heading of text -books ' find .supplies, those enactments having to do with \Jie creation and organization of special text -hook commissions for the purpose of Securing uniform tcxtd>ooks occupy the more important position. Several of tho States amended iif. te more or less important manner existing: laws with reference to these text-hook commissions. Idaho (1140), Mon ftinu (IMS), Nevada (1149), Oklahoma (1151), and I exas ( ll.il! ) each eye a tod state text - hook commissions ; M issouri (114i) provided for county uniformity and tho creation of n cprfnty text -hook commission; \\ isconsin (ll.VI) attempted to secure county uniformity in a manner which precluded success. I lu‘ four enactments having to do with free text-hooks are of un- doubted importance to the communities to which they apply. Tin* two enactments in Indiana (1128, 1129) relating to the sale of schoolbooks and the enactment in Louj^nna (li:ii>) giving pref- erence to Louisiana text-books may he noted in passing. V (a) General. UU(». Arizona: Amending snbdivs. 2 nml It. par. 22 *M (sec. 134, chap. 18, tit. 19), He vised Statutes. 1901, relative to the time ami manner of adopting text-boyks. Changes to he made only In May or Jane, Instead of In July or AngURt. Requiring thirty Instead of sixty days** not Ire of promised changes. Repealing provision that no rluinge slmll he made without the recom- mendation of a majority of the county sn]K?rlntendents. . S«*. 22. elmp. 1(7, Mar. 21, 1907. (Apr. 1, 1907.) 1127. California: Amending sec. 1W4, Political Code, 1900. relative the duties of state text book committee. . Repealing provision concerning supplementary Isxiks. Modifying man- ner of payment for text-b(M>ks for school-district libraries. ’ Omitting provision concerning secretary of committee, (already provided for by chap. 582, Statutes, 1905). Sundry mlnyr alterations. Cbai>. ^15, Mar. 28, 1907. 214 STATE SCHOOL 8YBTEM8 : LEGISLATION, ETC., 1906-8. 1128. Indiana: Relating to sale of schoolbooks. Requiring Unit contracts for schoolbooks, entered Into by state board of education, shall provide for distribution and sale through local trades- men. Maximum commission of 10 per cent. Township trustees or board of school trustees to distribute and sell books only after failure to secure local tradesman. Governor to issue proclamation. [See secs, 5853-5899. Burns* Annotated Statutes. T901.] Chap. 99. Mar. 2. 1907. 1129. Indiana: Relating to the sale of schoolbooks. County si'jjmt in tendon t to npr>olnt some dealer or merchant t « ► act ns deiK»sltory for sale and distribution of schoolbooks contracted fin* hy state board of schoollHxik commissioners. Providing for contracts, bonds, prices, disc ounts , payments, etc. Proclamation by governor. • [See secdj®te-i r >899, Burns’ Annotated Statutes, 1901.] \ Chap. 273. Mar, 12, 1907. . 1130. Kansas: Repealing and reenacting with amendments see. 0407. General Statutes, 1901. relative to the establishment of agencies at the county seat in each county. Providing for agencies in cities of the first, second, and third clnsses for the handling, sale, and exchange of schoolbooks. Chap. 08. Jan. 30. 1908. 1131. Louisiana: Nee rnwc/mcnf Vo. 23. 1132. Louisiana: Nee r/utcft/ienf Vo. 73. D 1133. Missouri (1008) : A majority of the patrons of a school district have . no authority, ufter the repeal by Iawr. 1995. p. 302. of Uev. Stilt., lsis.i. chap. 154, art. 7, creating a school-book commissioner* to determine what t looks the children in the school shall use In opposition to the will of the teacher of the school where the directors. If possessing the i>ower. under sec. 9764 (Ann. Stat., 1906. p. 447S), to select hooks, failed to do so. — State ex rel. Moore r. Millsap, 108 S. W., 1133. 1134*. Ohio: Repealing, and reenacting with amendments, sec. 5 (S. B. 249. p. 282, Laws. 1890). act of Apr. 22. 1K90 (sec. 4029-14. Revised Stntut-s. 1905), relative to supplying the schools with good aud sufficient school books at the lowest ntssible prices. Making it-unlnwful for superintendents. supervisors, or principals to net as sales agents, directly or Indirectly, of textdtooks. Othyr minor amendments. H. B. 1052, p. 400, May 9. 1908. 1135. South Carolina: Amending set. 1239, vol. 1, Code, 1902, relating to the sale of books by county superintendents of education. Provisions of section made pefmlsslve for Newberry County. Act No. 227, p. 481, Feb. 13, 1907. D 118B. South Carolina (1906) : Civ. Code, 1902, sec. 1175, providing that the state superintendent of education shnli have genernl supervision over all the school funds and shall secure, under ndvlce of the state boon! of education, uniformity in the use of text-books, and sec. 1184? conferring on the state board of education i>ower to prescribe and enforce-the use of n uniform series of text-books, and requiring publishers, in the discre- tion of the board, to establish In each county one, or more depositories of their books within the State, do not prevent the state board of educa- tion from providing by contract with publishers of school text books that they shall maintain at* the state capital a central wholesale deposi- tory from which lts agencies and county depositories may be supplied at a discount of not len than 10 per cent,-«pun«an v. Heyward, 54 S. EL 76a TEXT-BOOKS AND 8UFPUE& 215 1137. Tennessee: Amending sec. 8, chap. 206, Acta, 1809, creating % state text- book commission, and procuring for use in the public free schools a uni- form series of text-books, etc. Providing that de|K>sltories of text-books shall only appoint agents or merchants who are citizens and residents of the countv,* and that said agents shall sell and exchange books only In tbe State of Tennessee. Chap. 67, Feb. 12, 1007. , D 1138. West Virginia (1907) : A publisher of schoolbooks having a contract with the schoolbook boar^j for furnishing books can not compel the board to continue or renew Its contract for five years after its explra- N tlon on the ground that the board changed books without a sufficient vote.— Ginn & Co. r. School Book Board of Berkeley County, 59 S. EL, 177. ■1 D 1139. Wisconsin (llKHi): Whore a school t>oard. acting without authority, orders a change in text-books, mandamus will lie to compel the granting of school privileges to n child not complying with such regulation — Harley v. Llndemann, 109 \V„ 570. 129 Wla. Ml. (b) Free Text-Books. 1139ft. California: 8ee enactment Xo. 1568. 1M0. Connecticut: Amending sec. 2135,' General Statutes, 1902, concerning text-books nml supplies. Adding provision thnt U|>on the jtetltlon of 20 legal voters the vote to direct School officers to provide free text-books and supplies shall be by ballot. • Chap. 40, Apr. 17, 1907. 1141*. Maryland: Amending In n minor manner sec. 67, art. 77. Public General , I^iws, 1904. relative to annual state appropriation of $150,000 for text- books. Chap. 635. p. 227, Apr. 0, 1908. (Aug.\l908.) 1142. New York: Providing for free text-books in the public schools of the city of Schenectady, ^ % Text-books to be furnished free of expend to all pupils of the publte schools only after submission of question to electors. Chap. 174, Apr. 19. 1B07. (c) Uniformity of Text-Books. 1143. Alabama: Amending sec. 22. act No. 312, p. 474, Laws,T903» creating a state text-book commission and providing for a uniform series of text- books. m Exceptions to act Id case of counties having previously adopted a nnl- ™rni system of text-books limited to Sept. 1. 1908. Act No. 312. p. 474. ‘July 11, 1907. 1144. Alabama: Creating a text-book commission and procuring for use In public schools a uniform series of text-books; defining duties and powers of aald commission ; making appropriation for carrying tbe act Into effect; .. and providing for penalties for violations. Reenacting with numerous amendments act No. 164, 1903 Act No. T78. p. 762, Aug. 18, 1£07. (Seca 1806-1850, Code, 1907.) >:7 —- : — ■■ 1 ■ ■ " . ■ ■ '■ ■' — — 1 216 STATE SCHOOL (SYSTEMS : LEGISLATION, ETC., 1906-8. V D 1145. Alabama #(1004) : The provisions of the uniform text-book law (act Mar, 4, 1903, p. 167), being germane and complementary to the subject expressed In the title, constitution, art 4, sec. 45, requiring every law to contain but one subject, which shall be clearly expressed in the title, Is not contravened thereby.— Dickinson r. Cunningham, 37 So., 345, 140 Ala., 527. * 1140*, Idaho: Providing for the ftpjKdntment of n state board of text-book commissioners for the pun>ose of selecting a uniform series of toxt- lRK)k8 and making contracts for Rame; defining duties of wild board of text-book commissioners and making an appropriation for carrying out the purp 08 ^ 8 of the act. Providing for the appointment of a board of text-book commissioners consisting of seven members, erintendent or county commissioner (s) shall be ex-offlelo president of the commission, and a secretary shall he elect od from its own membership. Said commission shall meet annually there- after, and si>eclnl meetings may bo Ci^ed by the president, or on the written request of the other two menders. The president shall preside at all meetings of the commission,' and the secretary shall keep the * records of the meetings, and' all contracts shall bo signed by both the president and secretary. Members of said commission that do not re- ceive an annual salary from the county shall receive five dollars per day for their services, with such additional amount as shall -he necessary to cover their actual traveling expenses: Provided, that they shall receive « pay for not to exceed six days In any one year, the some to be audited and paid by the county court. “Sec, 3. Said commission shall adopt from the authorized state list, as hereinafter provided, a uulform series of text-books for use in the schools of all the districts of the county, except that lu cities having more than one thousand children of school age, as shown bv the last . enumeration and In towns having Wgh schools affiliated with the state university, tne board of directors of said cities and said towns may select from the aforesaid list such books as In their opinion are best suited to the local conditions, and may contract for the same. / M 8®a 4. Before the publisher of any school text-book shall offer the same for sale to any county yfFit-book commission or board of school .. directors In the state of Missouri, said publisher shall pie a copy of said iVrMn J i.' v . • i . » v^ . .P-idr t .. . ■» , ■■ , ^ . . ^iJUUlVO AMU RITPPLT yfi, text-book In the office of the state superintendent of public schools with a sworn statement of the list price and the lowest net price at whfch snk book Is sold anywhere in the fnlted States under like conditions <>r distribution. Said publisher shall Hie with the state superintendent a written agreement to furnish said hoofc or bonks to the county text-book commissions or hoards of directors of Missouri at the price so filed. Said pubiiMier must furHier ngree to reduce such prices In Missouri If reductions are made elsewhere in the country, so that at no time may any book be sold in Missouri at n higher price than is received for the sa me book elsewhere in the country where like methods of distribution prevail. Said publisher shull fuciber agree that all books offered for sale in Missouri simlNbe equal in quality to those* deposited in the office of the state suj>erintendent as regards pai>er, binding, print, illustration and all joints that may affect the value of said books. Sec. 4a. Before the publisher of any school text-book shall offer the same for sale to any county text-book commission or board of school directors in the state of Missouri, And at the time of the filing of such text- hook in the office of state sui»erlntendent of public schools, said publisher shall pay luto the treasury of the state of Missouri a filing fee of ten dollars for each tx»ok offered by said publisher. A series of hooks by the same author ami upon the sjime subject shall constitute one hook for tills purj>ose. The foes thus Veccived shall constitute a fund out of which u)K>n requisition made by the state superintendent of bufdlc W'hmds shall be paid the excuses of publishing lists and other informa- tion for the use of the county school text-book commissions, clerk hire and other necessary ox (tenses In connection ‘with the filing of nil text books Ruhniltted for adoption in the state of Missoifrl. Auv balance re- malnlng In such, fund shall be. upon the first of January of each year pi ami to the cmllt of tlie genera 1 revenue fund of the state *’Skc. H. To insure compliance with the aforesaid conditions under which school textbooks may be wild in tlie state of Missouri, said »ub- 1 sher shall file with the state suiterinlendeut a bond of not less tlinn two thousand dollars nor more than tea thousand dollars, said bond to be approved by the state sujierlntendent and the amount to he fixed bv him* niK>n coin pi lance with this and tlie preceding section, said publisher shall thereupon he licensed to sell school books in this state. Sec. 0. If in any ruse said publisher shall furnish hooks inferior in any' particular to. the samples on file with the state superintendent or shall require higher prices than those listed with the state superintendent then it shall become the duty of the county text-book commission, or Ixtiird or directors. to inform the state sniierintendent of the failure of said publisher to comply with the terms of his contract. The state super- intendent shall tbereu|M>n notify the publisher of said conifinlnt, and If said publisher shall disregard the notification and fntl/o immediately comply with the terms' of Ills contract, then the state supAji tend out shall Institute legal proceedings for the forfeiture of tlie bond oTsnid publisher ‘ Src. 7. During the month of ApriU'M>7, and thereafter annually dur- ng the month of January, it shall be the duty of the state superintendent to furnish each county superintendent er county commissioner with a list ° * #^ * .* , 0 8lm11 1)11x0 t<> the roq ul remen ts hereinbefore set forth relating to sample boo^a; price* nnd bond. “Sec. S. Before seeking to enter Into contract with any county text- book commission, or board of directors, for the schools covered by this net, the publisher shall furnish the county superintendent or county com- missioner or secretary of the hoard of dir^tors with a duplicate printed list of the hooks nml prices filed with the stnte superintendent When any book or series of books in such list shall have been adopted by* the county commissi on or by the bpard of directors lifrsald county. It shall be tne doty of said publisher of said book or books to furnish each' county superintendent or county commissioner with a sample of the same, to remain In the office of wild county superintendent or county commissioner and to be the property of said county. i c l )un *y text-book co m ial pfl loiis are hereby empowered to adopt text-books for all subjects that ipny be taught In the public schools of their respective counties, nnd to enter Into contract for the same fOr a , ^ flx ’° , yeai ? ln the “w°ner hereinafter provided. All books adopted by the county commission shall be used exclusively in the schools p 1 “ . 1 1 ibi * * ' S18 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. ■ of the county, except In such towns and cities aB are exempt fn section 3 of this act ; and, further, except that all books Introduced into the public I schools since May 1, 1906, either through the action of boards of directors ■Jr or on the recommendation of county superintendents or county boards of education, iuay be continued In use for a period of five years from the ! date of the introduction of said books: Provided, that publishers of said jj books shall comply with nil the requirements of sections 4 and 6 of this . act prior to August 1, 1907. “Sec. 10. Said commissions shall make do changes until they shall have advertised for bids for nt least two successive weeks in one or more, % county palters, mid the adoption of such books shall not t>e inode until the expiration of nt least fourteen days from the date at which such ? advertisement first appeared. Such advert l semen t shall specify subjects 1 in which changes will be consider d and the probable number of books of each kind requl red. “Sec. 11. In selectlug books the text-book commission shall carefully consider the price, character of the subject matter* binding, Illustrations, I print and paiK»r, the adaptability to ltMjnl conditions, and nil points that* affect the value of the book. I " Sec. 11a. In nil counties where the county court does not elect to pur* i chase text-books nud sell the same to pupils at cost, ns hereinafter pro- vided, the publisher making contracts under this act shall sell and fur- nish to nil dealers or merchants of said county, or to dealers or merchants In contiguous territory, all adopted text-hoops nt the net contract price. No dealer shall sell said books at more than fifteen i>er cent advance on said net contract price. * “ Sec. 12. When any county text-book commission or board of directors ! shall adopt books and enter lido contracts with tbe publishers thereof » such contracts shall provide a reasonable exchange price for the hooks displaced by adoption. “Sec. 33. Any teacher or school director who, within klght months after the county hoard of education shall have adopted a list of text- j books for such county, shall sanction or permit the use of any book not . In accordance with the provisions of this act shall be guilty of a misde- meanor, and, uf>on conviction, shall be fined not Iors than twenty-five dollars no(r) more than one hundred dollars. If any county text-book ’ commission or board of directors shall attempt to change nny text hook before the expiration of n contract for the same, made under this act nny member of such commission or board, who votes for such unlawful change, shall be guilty of a misdemeanor, and upon conviction, shall he fined not lep&than twenty -five dollars nor more than one hundred dollars^ Any publisher, or agent of Raid publisher, who shall connive at or seek to procure such unlawful change, shall be guilty of n miBdemeanor, and \ subject to a like i>enoKy. # I “Sec. 14. Nothing in this act shall be construed to prevent the use of supplementary books as shall be furnished at the expense of the school ! district, provided such supplementary books shall not displace books regu- i lnrly adopted under the provisions of this act. | “ Sec. 15. The boards of directors of each school district shall have au- thority to purchase all necessary books for lndigenjxpaipils and pay for * the same out ofthe incidental funds ofthe district \ “Sec. 10. Boards of directors of cities apd towns exempt from county uniformity under section 3 of this act, who may not accept county nnl- | formlty, ruay adopt and contract for books from the state ilst under the ** same restrictions and in the same general manner as herein provided for the adoption of books by the county text-book commission. “ Sec. 17. When any publisher of school text-books shall file with the state superintendent the samples and lists provided for In section 4 of this act, said publisher at the Rnme time nh«H be required to file a sworn statement that he has no understanding or agreement of any kind with any other publisher, or Interest In the business of any other publisher, with the effect, design or Intent to control the priori on such books or to restrict competition In the adoption or sale thereof. M 8tc. 18. Before being licensed to sell school text-books lu this state, tbe publisher thereof shall file with the state superintendent of public schools a sworn statement, showing tbe ownership of such publishing house with Interest, names apd. addresses of such owners, and specific- 6 A TEXT-BOOKS AND BUPPIJE8. 219 nlly stating whether of not the said publisher, or the owner of any inter- est or shures in such publishing house, is the owner of any interest or shares In any other publishing house and if so giving the name and address theieof. ” Sec. ID. If at any time apy publisher shall enter into any understand- ing, agreement or combination to control the prices or to restrict compe- tition in the adoption or sale of school books, or if the statements required of said publisher by the two preceding sections shall be untrue In any re- sist then the attorney-general shall institute und prosecute legal pro- eeedfngs for tile forfeiture of the bond of said publisher and for "the revocation oT (Ids) authority to sell school Isstka in this state, and all eon tracts made by said publisher under this act shall thereupon become null and void at the option of the other parties thereto. " Sec. 20. Any publisher who slmil sell, or offer for sale or adoption in this state, school text-books of any kind without first obtaining license therefor tinder tills act, shall l>o gnlity of a mlsdenuMinor, and, njK>n con- viction shall lie fined not less than five hundred dollars, and not more than five thousand dollars. “ Sec. 20n. Any member of nn v jyn inty board of education who shall accept or receive any money, glfYjQr any property, or favor whatsoever, " from any person, firm or rorixmithm selling or offering for sale any text- books. or any agent thereof, or from any person* In any way Interested In the stile of text-books, shall, upon conviction, l>e punished by a fine not exceeding one thousand dollars or by Imprisonment In the county Jail for not more than six months, or by lx>th such fine and Imprisonment. “Sec. 21. All acts or imrts of acts In conflict with this act are hereby repealed. “ Sf.c. 22. There being no law. now providing for the soloctloqfand adop- tion of text-books creates an emergency within t lie meaning of the Consti- tution; therefore this act shall take effect and t>e in force from and after its passage.*’ (Appropriating $4/XK) for expenses, sec. 70a, II. B, No. 34, p. 3G, May 13. 1007.) I\ 434, Mar. 19,* 1007. U4s. Montana: Creating a state text-book commission, for the purpose of adopting and maintaining n uniform series of text books for the public schools; regulating the price of tlie same; defining the duties and powers of said commission ; and making an appropriation. Commission to consist of seven members appointed by governor. Adop- tions to be mnde for five years. Prescribing conditions of contracts and agreements. Krce text books. * Chap. 132. Mar. 7, 1907. 1149. Nevada: (Tenting a state text-book commission and authorizing thecom- , mission to adopt a uniform series of text-books for the public schools of the Slate. Chap. 112. Mar. 22, 1907. 11N0. North Carolina: Amending see. 4003, chap. S"», Itevlsal, 3905, relative to textbook eomiitNslon. I’rovidlng for the payment of. |K»r diem of $4 iK»r day, not to exceed thirty days, and payment of cx| tenses of members of sulK.*on»iul8slon. Sec. lit, chap. KS5, Mar. 9, 3907. 1131. Oklahoma: Carrying into effect sec. 0, art. 13, of constitution by creat- ing a text-book commission for the purjtose of preparing for use lu the common schools of the State a uniform system of text-lxxtks, registers, records, and school apparatus; defining the duties of bidders and certain officers and prescribing iwnaltles for violations. " Section 1. There is hereby created a* commission to be composed of seven members, to be kuown ns the ' Text-Book Com miss I on,’ consisting of the governor and six other persons of recognized ability, residents of this State, a majority of whom shall be experienced educators, who shall be appointed by the, governor and approved by the senate, to serve for STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906—8. a term of five years and until tfeetr successors are appointed and quali- fied, unless sooner removed. Any vacancy occurring ujmui the commission from any cause shall be filled by appointment by the governor hb In the first Instance. A majority of said commission ,sbatl constitute a quorum for the transaction of all business of the commission. Before transacting any business relating to the duties of the commission, they, shall each, in addition to the oath prescribed by the constitution, take an onth ln»fore some person authorized to administer same, to faithfully discharge all the duties imposed upon them ftR members of the Text-Book Commission and that they lmvc no Interest, directly or indirectly. In any contract that may be made under this "t, and will receive no |>erKonal benefit therefrom, that they will examine all books submitted carefully and faithfully, as herein direct'd mid prescribed, and said oath shall 1m- filed in the office of the secretary of state. The secretary of said commission shall keep a correct record of nil proceedings, votes ami ffilona of the commission, which said records shall bo desalted In the office oflhe secretary of state, at the time when said commission is not In session. AH votes upon any profit ion submitted to the commission shall 1 m* yen and nay. and recorded in the Journal of the day’s proceedings. No pei- son shall he a pointed to serve on said commission who has been In the .employ, directly or Indlreetly. as traveling salesman, or otherwise, for any publisher of school text-books. v ** Skc. 2. Tbe Text- Book Commission shall he called together by the governor, within thirty days after the jmssage and approval of this act, and said commission is hereby cm lowered to select ami adopt a uniform system or series of school text -books, registers, records, maps, charts, globes, and other school apparatus, for use in all the common schools of Oklahoma, and the series so selected shall Include all the studies taught In the c ommon schools of the State up to and including the. twelfth grade. Provided, that none of said text-books shall contain anything of a partisan or sectarian character. Kneh bidder presenting honks for adoption Him II state at wlmt price the books are offered, as basic b -oks, and ns supplementary books ; v “ Provided, that the commission may adopt supplementary renders, but such readers shall not be used to the exclusion of basic readers. The duly constituted authorities in charge of any private sclhMil. or other educational institution, desiring to use any of the books selected bv said commission In such school shall have the privilege of buying sald b.K.ks at the same price and ou tbo same terms at which they are furnished to the common schools. “Sec. 3. As soon ns practicable, at the time fixed In the notice and In such manner as the commission may deem best, the commission shall advertise fqfcfft leust thirty (lays, for sealed bids on pro|M>snls from pub- lishers of slid text books for furnishing books, registers, records, and apparatus to \^e common schools of this State as heretofore provided. The bids or proposals shall be for furnishing the books, registers, records^ and apparatus for a period of five years, comifiencliig August firwt, nine- teen hundred eight. Each bid shall state s|>eelflefily and clearly the retail price at which each book, register, record and apparatus shall bo furnished, Knob bid or proposal' shall he accompanied with rihk'Iiiumi copies of end] and nil hooks offered In said bid, which specimen copies of books shall be sent, by express or mail to the governor, and H shall be required thnt each bidder deposit with the treasurer of tbe State of Oklahoma, such sum of money as the commission shall require, not less than five hundred dollars iv>r more than twenty-five hundred dollars, according to the value of the books, registers, records, and apparatus! each bidder may projKise to supply. Such deposit shall be forfeited to the State If such bidder so depositing shall fall to make and execute such contract and bond as provided in this act within such time as the com- mission may require, which time shall be specified In the notice adver- tised, Each bid shall be accompanied with a sworn statement, shoeing the ownership of such publishing house, with.the interest, names and ad- dresses of such owners and siJeclally stating whether or not\ the said publishers or the owners of any Interest or share of any suefT publishing house Is the owner of any Interest or share of any other* publishing hoos^ and if so, give the name and address thereof and further state in said affidavit that no member of the commission is in any manner inter- TEXT-BOOKS AND SUPPLIES. 221 V r J m JJ rect *>’» br 8l,clj firm or eorjjoratlou submitting such ^ntlr«st«[ UC it 8 Ii!‘. , dl f loH ®? l ,bn, , nny “'ember of the commlmion Is so fnten steu, It slml! work a d I squall lira lion of such member of the oTlt“rtlld"?,,r , .h ,,l,a,, m,t bt ‘ i’ eri,ll,,etl t(1 8pr ' p ““ »UCh comnilLS » r iJ i 1 8 i ho ? < ! furtbt * r a IM>ear or be disclosed that a n euter of the com- mission Is Interested In any hook or series of books . the author or i ssoclute attt tor or that any member of the commission . Interested In uny such book or series of Imoks In nny manner, such fact . hall llklwlM «ork u disqualification of such uieuilxw atul he shall not be i emitted to sene on he commission, Kuch member of the commissi,. after a make ouM nrt flm 1 ‘ w ' ,n,l " Hl,,n - ''» lpl1 «»y "re ado,, ted shall make out and file with the secretory of Ptnte on ntihlnvit that he is not il l dinH ‘ tly °I indire ^ >n«en*t«l it. nr relot^l to any Ltricf* 1 UR k 01 , 186, Arm or coriM»rntfou submitting any book hn K )U 8U tor rt T° rd * niiUlll *‘ ri I>t, school apparatus for adoption, nr in nnv t ion^* iuTr**i»i^h« r*M‘ord, iiuiuu script. or school apparatus offered for mlop- 0 ’ nor he roIntwl tn o».v l»ersou or agents representing such house ° r . t,< H IK,rn , tl0n * “ I,d that he wiH m-cept any jamltlon as ;! p t t °* ivpri stMitutlve Of any lawsmi, firm, or o rn tlon to whom nnv umtiact may be awarded by said commission during the term and dura- tlon of wild contract, and that he is not related ro any i>erson f or agents n^reseiithjK finch house, firm or coloration. Any contract entered Into htxlZJ ^n t \ I .art V S r iJH ° f l,ll8 M Ct witb au * v PUbbshers who may hereafter “*h a lyt} to nny combination or trust for the pun>ose of ralKing IqL o 1 of .^‘ ll1 tlVVt l * f> okR, registers, records or school appnrutus void U 1 * 8 ^ tat °’ nt 1110 wlsb of tbe <-*°mmissiou, shall Income null and ** Sec. 4. All bids shall be sealed and debited with the chairman of the si fir 8 #!"' ° >0 h> i liin tU ‘ Iiv(M0<1 to t,1( ' v nIlini * w *b , n in executive ses- IC i I,Ur, r^ of consItlerin K tIl <‘ *»»<*. When any |>erson. firm or corporation has been awarded a contract and the contract and bond re- quired has been filed with the commission, it shall make an order on the ilmirr^nr^! U H Stat ?* T***"* sm ‘ h tin ' X ' nUi] thereupon the treasurer fnu t * , A 10 nf pnrh ,,|l Wor. but If any successful bidder shall rail to make Hie contract and Ixmd as heretofore provided, the treasurer of t o!’ d f ?™i V 0I 7 *T h bid(kr ln tho to the credit tin iiMili.ible school fund, and the commission shall re advertise for iinn- 1 * hnvrt f °n ll i >P * Iy 8U0 \ lmokH or *-*1 k*>I npiwrntiiH which said bidders *}* ' biue ™ 1Iot \ *° supply- All unsuccessful bidders shall have their ileixiKlts returned tn them ns soon as the commission lms decided not to «m. r t heir 1,1,18. All books mloph-d by tho comudssbm sh„U t pHntil f ,nn K fonJ, Xt | e,,t R "° h ,p * NKM,k8 118 llm . v 1>p "‘Ol'texl for the teaching ,, •' , nlR " IttiiKuncp. 11,0 commission slinll stipulate In tbi> contract I" where „ change "bull have been .undo from Ibc books nl,„ in use ll .1 . . lontriictor or contractors slinll take in exchange tbc respective bks ami receive the same In exchange for now bonks at a 1 rlcc not less than fifty |x;r cent of the com met price. Such exchange 1 - B K -,M 0t }''!'!'! '" UP l, ’" Ber ,lmn 0, "‘ fr '"" the date of contriirt.' S ^ L ’, , ke ‘ ,i<1een * e'l I »i , | ,1, l ke '"‘I 1 ««•“'“ " t ;n ' > ' 1 1111,1 snmclent Ixmd' pnyni,lc to tn'lw n!v * ? h , ’| 1,n ln n,e 8,1111 ,lf m-t less than ten thousand dollars to Ih niipnned h.v flip governor, such Isnul to be conditioned that the ™ r!!^° r -n < ' l, " tr r r ' n,S Bl,n11 f,ll,lrful| . v Inform all conditions deixislUnl ln the olflce of the secretary »f» ? tC- ii' P M " U l 8111,11 M,,t ^ exllni, st,xl by a slim-le recovery thereon but « an, " l>0 " fr ? ,u , tlme to ,lme 11,1111 lh « fl111 "mount thereof Is recov- . k ‘ , e conln,l88l "n may, after twenty days notice, require a new to "furnish K 'h*' “ nd J," l , lie PVP,,t ctir in person, or by a duly authorized agent, before said commission, and the party so appearing or , representing the claims of. any bidder, shall drjxiNlt jvith the commission his proper credentials or authority to represent such bidder. Every per- 8on-p*fco a p incurs t>cfore the commission In advocacy of the adoption or relation of any book, register, record, manuscript, or any school Rpjmrn- tus shall file an affidavit showing fully In what capacity he apj>ear8 and whether he is representing as agents or otherwise, any bidder or whether he Las received or has a contract to deceive pay for his services in npi>ear Ing before said commission: “Provided, that no state offlrlat of this State shall be allowed to appear ns the agent or rcprcHcntnf i ve of any text-book company, firm or con>orrttion. “ Sec. 7. The literary merits and historical accuracy of all books «dmll be the main point to be considered In their adoption, and the books shall be selected after a careful examination and consideration of ail the books presented, and hooks selected shall t>e those which. In the opinion of tlie commission, are most acceptable for use In the various schools of^Hte* State, quality, mechanical construction, pni»er, print, price, authorship, and any other relevant matter being given such weight in making its decision as the conynlHslon may d«vm advisable: ProvldeoRal. The con- tract and exchange price of e.ichbook shall be plainly printed on the bark of each book, together with the following notice? “•The price marked hereon is fixed by the State, nnd any deviation * therefrom should be reported to the state superintendent of public Instruction.’ 1 Sfc. 8. The commission shall not. In any case, contract with any publisher of any book or books, register^ and records, or any person firm or coriiorntlon, submitting bids for furnishing charts, maps, globes or other school apparatus to ho usixl In the common schools In this state at a price in excess of the lowest price at which such publisher or bidders furnishes and distributes the pa me book or books, registers, records or school apparatus under contract with any other state, county or school district Id the United States, under like conditions of distribution •8kc. 0. The publishers or bidders shall file with each proposal a sworn statement of the lowest price at which each hook, chart, map globe or other apparatus offered Is sold anywhere In the United States! under like conditions of distribution. Said publishers or bidders must further agree to reduce the price of any book or apparatus adopted* by TEXT-feOOKB AND SUPPLIES. 228 the commission, if roductluns are mmle below such contract ’price any- where In the United Staten, no that at no tide Ly ZyTm* „ apS- ratnB i > ° n Oklahoma at a higher price than. Is received for the naint* book, register, record or a|<%irahiH elsewhere in the United States where Ifko conditions of distribution prevail. Sec. 30. Any publisher, iterson, Mrm or corporation submitting bids. nfve 1 at pnblll,Il ^ r - Vr wr|M»rnilon. who .shah con- nt or Reek to procure n change of the series of toxt-lM>oks regis- ters, rwords or any school apparatus by the commission before the expl- ! )f of I* rlod ln wl,i( * h « untfoni. system of text-books wuth vtet*)n'Kli«lU^ b ° RuiIty of a mlwlwueanor. and. upon con- ss.r.rr.ss: i^r n,yHve doi,ar8 niid — «»» ...np » ..be or. other school apparatus, unless the some shn I , V £ eubmltod to the. text-book commission of t»lH Sb “e «t n ree ulnr aw,roved wrcs m ss loi i" O f “tin ill S t n't 1‘ 1 r 14 I 1 " V ° 1,01 b,,< “ n n > ,|,r,,vp ' 1 »*>' the text-book eom- pers.m l,> a> v1[,u h ^ , l>P , rson wl, ° S|1M " request pr endeavor to r ' 1 , 7 ,ch teacher, trustee or school hoard, or nnv member the sli’h. "r '"n h T 1" y chart, um.p. or klbhc or other school apparatus, the sale of which Is hereby prohibited, shall he deemed gnlltv of A n i£ £Sr,iS£f' M ” ■ «' '«■ ~ ™ sttf; s " ;:: “ not be liable to any contractor thereunder for any sum whatever but all snch contracts slmll receive compensation solely and exclusively from the proceeds of ttn> sales of sohoo! books ns pnnidc 5 n. ? h I b « Vi n ncTu? Is hereby provided that the State sJ.aH have the r^.t to tenninnte «,1 rt whenever the law Is repealed or amended, altered or qua I (fled make neoesN.-iry or cxiKHlicnt tlmt such contract should l>o revoke** l by or It Z “ Vsint ^ "‘" y «* t'Aiit^rt >r<,S ?V K ‘ of 80,1001 Jcar (liirhiK the continuance of this I. tent Jurisdiction In the State, nod la case of ti e cancel I m ,, of any contract ns provided In this ad. the damages arc tixciat not b^ t! e ' Nimo n Hidt l: nnc m‘ d l ’° nd , *° b< ! recovered aa 'liquidated damages In iir i I. ‘ 8,uh wU1 contract. And on account of the .V.! B h U i y !« determining the damnge that might accrue by reason of blind Ik U d . imd cancellation of a »cb contract, the full amount of the bond given by any contractor shall be considered as liquidated damages m>n^rn r r° V H rCd ° Ut ° f “ ld bond by ,lle 8,a,,> nt ,ho 8U| * of ort the fact to the attorney-general, and he shall bring suit on negpunt of such failure. In the nni>>«> of the State of Okla- homa, In any court of competent 'Jurisdiction In the State, ami shall recover on the bond given by such contractor fur the full value of the books, registers, records and apparatus not furnished ns required, and In addition thereto the sum of one hundred dollars, and the amounts so recovered shall be placet! to the end It of the available *schuol fund of the State. “Sjcc. 1(1. As soon as the State shall have entered into the contract for furnishing of the books mul npparatus for use in the common schools of this State,' under the provisions uf tills act. It shall be the duty of the governor to issue his proclamation of such fact to the i ample of the State, and Immediately thereafter the state superintendent of public instruction shall address a circular letter to the county sigierlntcnrieuta, trustees and school boards of the various schools of the State, which circular letter shall contain a list of the books, .registers, records and apparatus adopted, with their respective prices, together with such other Informa- tion as he may deem advisable. “ Skc. 17. If any local agent, dealer, clerk or other ihtsou handling or selling the books, reglsters/records, maps, charts, globes or other appara- tus adopted under this net., shall demand or receive for a copy of any of the hooks, registers, records, or for any chart, map, globe or other appa- ratus adopted under tills net, more than thccontruet price, he shall he guilty of a misdemeanor, ami upon conviction shall, for each offense, bo punished by a fine of not less thau fifty dollars nor more than- five hun- dred dollars. _ “Sec, 18. The trustees and school hoards of the various schools of the State using books, registers, records and apparatus adopted by the commission shall hold animal meetings mul make an estimate of the number of school text-books, registers, records and apparatus need<*d In said school for the term next commencing therein, mnl a reixtrt thomif Hhall I** made to the county superintendent of public Instruct Ion in said county Immediately, and no* later than the first day of August next there- after, and the county superintendent shall, as soon ns ixwsiblo, and not later than the tenth day of August of each year, uml oflmer. If the necessity of a school requires It. make out Ids requisition from the rei»o»-t bo reeeived,.aud from any otlier source, and send It to the slate superin- tendent, when sueh books are printed by the State or tlie school book publisher or publishers having co ntrac ts under the provisions of thin act, stating therein the number ot hunKs, - registers, records and. apparatus of each kind needed for the schools of his county. 44 Sbc. IP. The books and apparatus adopted by the commission under the provisions of this act, shall be Introduced and used ns text-books, registers, records and apparatus to the exclusion of nil others In the common schools of this State os hereinbefore provided, hut nothing In this act shall be construed to prevent or prohibit the patrons of the comm oh schools In the State from procuring books, registers, records and apparatus in the usual way In the eveut that the State does not public** such books, registers, records, or manufacture such appnrntus, in the event that no contracts aro^made, or in the event tlinf the contractor or contractors fail or refuse to furnish the books* registers, records or apparatus provided for in this act. at the time that said books or appa- ratus are required for use in the schools, 44 Skc. 30. Any school trustee who shall prevent or aid in preventing the use in any common school In this State of the books, registers, records and apparatus, or any of them, as adopted under the provisions of tills - act, or any teacher in this State who shall wilfully fall or refuse to use 224 TEXT-BOOKS AND SUPPLIES. 225 reco r dB ancI "PParatus adopted under the provisions J 18 , 8Ct ’ 8118 H> of a misdemeanor, and upon conviction shall dMlnrf fnr ny T S'* '*** than dollars nor more than fifty d I >i f or ? ,< ' h offenw “- H,1,i each day of such wjlful failure or refusal of said teachers or wilful prevention of the use of the books wriatm offend ° r arPar m by 881,1 8011001 tru8tee ' shali constitute a scTwrnte “ ^ 2 \ Th0 commission may, from time to time, make any necessary regulation*, not contrary to the provisions of this act to s^re Im nrovilt' ! '>f the hooks, registers, records and apimrntus herein £mi ?n! f0r " n<1 f0r . ,l “ 0 l' r0n| pt and faithful execution of all contracts- fts or O ( H exl r c88,y provlenr that putdishoni have combined npon prices and that the proposals are unreasonable said is hereby eniiK.wered. with tiro approval of the ,tnt a board of So? t do an) and all net* that-may In* iHwssjiry for the purin^e of nrocnrlnp a mentonons uniform system of text-hooks. S'to use in the eoninum whools of Oklahoma, They ninv, with the approval of the state hoard of education, ofTor prizes for manuscripts of books or wm ?' t 8 ', 1 " 1,,le 'arsons to prepare or compile the Lm' nnd co.dract with printing concerns for puhlication. purchase or hire plhtes mans and ongr.ivhigs of copyright matter; contract f„r or lease com'rlcliN "for the purpose of lining used In compiling and printing such books provide for the payment of royalties nr for the leasing of plates for printing of z :Sr * fundsliell h^puhllshers' ° f wbleU W,1B " rop ‘ )Wl "Skc. 2:i. An Itemized statement of all necessary expenses of the com mission, together with' a .sworn Itemized statement ' 0 ?^,o tiT^’ 8 ? f U ‘ i , n the county Jail not Skc. 20. The words ‘common schools,' ns used In this act sliull be construed to mean all the schools of this State receiving aid from the State out of the common school fund. whnnf^o . n ^ nre8 !,^ nt ,)crB0 " or flrni or fore| K*' corporation with whom a contract has been entered into under the provisions of this 08470—09 10 - 226 . STATE 3CJH0OL SYSTEMS: LEGISLATION, ETC., 1906-8.^ ;,. v ; net, sbuli designate the secretary of atute of OklMhonm as Tla or their agent on whom citation and other writs and process may be served. In the event that any suit shall be brought against such person, firm or corjK)r«tlon. J , *‘8ec. 27. The sum of twenty-five hundred dollars,, or so much thereof us may be necessary, is hereby appropriated for the puriK>se of carrying Into effect the provisions of this act. “ Skc. 28. All nets and parts of acts iu conflict with this act he, and the sahie ure hereby reeled. "Sec. 29. For the preservation of the publle peace and safety, an emergency Is hereby declared to exist, by reason whereof tills act shall take effect and be In force from mul after Its passage und approval." — r ^ chap. 77. H. Ft. 931. p. (ISO. May 18. 190s. 1152. South Dakota: S’cc niattmtni So. ?00. 1153. Texas: Creating a state Lext-ltook board and procuring for use In the public free school* of the iJtHte for a period of five years, beginning Sept. 1. 1908, a series of uniform text-books, defining the duties of cer- tain office ch named, making appropriation therefor, defining certain mis- demeanors. providing for a bond for the faithful i>or forma nee of contracts anfl to cover liquidated damages for fraud or udhislon, ami authorizing the attlorney-geiieral to bring suit therefor, and providing poualtlcs for vhtlutlon of the provisions of this act. ' ' l ’Imp. 9, May 14. 1907 ( sp. sens.). 1154. Wisconsin: Creating set's. 553mA- 1 to 553m— 23 Inclusive, Statutes, ixiix, providing for county uniformity In school text -books and for a county board of education In each county." Provldltf for submission of question of county uniformity In annual county solmol-board convention (Chap. 195, Laws, 1905), vote of nffijorlty of districts to determine. I’rovldlug for the ehvlton, qualification^ of members, organization. 4 ind proceedings of a county board of education to select and adopt uniform series of text-books. Prohibiting changes or nuy book within fivt^yeurs of time bf adoption. Authorizing Adoption of supplementary books. 4 Exempting cities und districts maintaining a free high school and all State graded schools of the first class from using prescribed bo<4iK unless - 80 desired. Exempting districts having adopted the free text-book sys tern from using proscribed books >tmtil some change is made In books used therein. Chap. 501, July 10, 1907. ^ L. SUBJECT-MATTER OF INSTRUCTION. It is difficult to classify with great accuracy the legislation affecting in a definite way the content of the instruction given in the public schools. This is especially true with those enactments having to do with the establishment of elementary or secondary technical and industrial courses or schools. Of the enactments of a general nature the following may be mentioned as deserving of especial attention: California (1156), relative to postgraduate courses of study in gram- mar schools; Idaho (1156), providing for uniform eighth-grade exam- inations; Utah (1160), creating % “state school committee;” and Vermont (1162), providing for instruction in special subjects, SUBJ fiCT-M ATTBR OF INSTRUCTION. 227 • Of the remaining enactments in the group, the following may be specially mentioned: Rhode Island (1169), Utah (1173), Massa- chusetts (11 10), Arkansas (117/1), California (1177), Texas ’(1178), Virginia (1180), and Wisconsin (1181). \ ^ (a) General. lir.r.\ California: Addin* sec. 1 77!» to Political Code. I'.nm’,. relative to *nun- nmr grade |.oNtgrsdmito course of study in public schttols. f N‘rm 1 1 1 iiiK t In* establishment of s^cli courses of study requiring one or more yours for completion. Chap. 07. Mar. i, 11)07. llbd*. Idaho: Prodding for n final, nnifonn. right h-gnule examination which shall admit pupils to thr first yrnr of the high school, and prescribing rules and regulations, rt) nest ions to be prepared under the direction of the state supertniond- t-nt of public iiiHi ruction. 1 Mining conditions of passing. Kightli-grade mplonm necessary for entrance to high scluHd. * S. R. No. 120, p. 16.S. Mar. 12, 1007. lbn. Illinois: Amending sis\ 3, p. .‘{70. Acts. 1 1 K )T>, providing iiorinnl-school scholarships for graduates of tin* eighth grade. / (hanging t line of-^holding annual t-xamlnatloli from second Saturday of May to any Saturday between the 1st of March and tin* 15th of May. II. II. :i;i2, p. 523, Apr. 10. 1007. Uos, Montana: Creating a comity hoard of educational examiners, providing for their appointment, tlx tug their eonijM'iisat ion, and proscribing their qualifications ami duties, lhmnUto conduct also eighth-grade examinations m>on request of state board of education. Chap. 47. Feb. 27. P,X)7. 1^1). Utah: Nff mart men t Xu. ItiS. U(»0. Utah: (/renting a "Mate seliool munnlttbe, detining its lowers ami duties, ► providing for tlie preparation of a state course of study, and further providing for the payment of the necessary excuses of the county siqH*r- htf undents on the committee. ^ % Constituting the state siqierinlemlent *nf public instruction the prim Qlpai of the state normal school, the principal of the state tmrmiil training school, mid two county superintendents a committee to prescribe a enurse of study for the schools of the Statu not inuludod In eonntv school districts of the tlrst class or in cUles of the tlrst and second classes. Chap. 57, Mnr. 11. 1<)07. lldl. Vermont: Amending sec. 1, act No. IJO, Acts, 1804 (sec. 007, ehnj». 32, rnblic Statutes, 1804), relative to courses of study in tin* elementary schools. Kxtendlng authority of the su|>erlntendent of inlucntion to prepare when mvessnry (formerly annually) a course of study for elementary (formerly ungraded) schools. Adding provision concerning distribution. Sec. 4, Act No. 43, I)pc. IN, 1000. (Apr. 1, PK)7.) 11(12. Vermont: Amending sec. 080, chap. 30, Public Statutes, 1804, ‘relative to siHielal branches in the public schools. Adding provision for Instruction In physical culture, drawing, and the industrial arts and sciences. # Act No, 40, Nov, 23, 1000, .*->■> M| ;w* ^V'l - ,r — pi \ , \^v w ■ ' ' " 1 ■ 1 228 STATE BCHOOL SYSTEMS: LEGIBIATTOK, BTC., 1006-8. 168. 1 1163. Wisconsin: Amondlng sec. 447, Statutes. 1896, as amended by chap. Laws, 1906, relative to branches taught In public schools. Providing that tbe teaching mf a foreign language shall not at any time prevent the offering of ue regular common school branches in English. Requiring every puplfto devote at least half the school day to the study of English branches. Chap. 200, June 12, 1907. (b) History, Civics, and Patriotism. ' 4 [ See enactments under subdivision (J) : " Hays for Special Observance.**} 1164. Delaware: Requiring that the constitution of the State be taught and explained tg all public school pupils. Chap. 124, Apr. 9, 1907. 1165. Kansas: Providing for the display of the United States flag on school- houses, and encouraging patriotic: exercises in schools. Providing also that state suj>erlntendent shall prepare form of flag salnte and programme of exercises for the observance of special days — Lincoln’s Birthday, Washington’s Birthday, Memorial I>ay (May 30), and Flag I>ay (June 14), Chap. 319, Mar. 6, 1907. Unsigned by the governor. 1166. Maine: Encouraging the compiling and teaching of local history and local geography In the public schools. Providing for the apjjointment gf a state historian, who shall compile historical data of the State and encourage the teaching of the same In the public schools: who shall also encourage the compiling of town histories, combined with local geography, suitable for use hi tbe grammar and high schools, and approve the same for publication. Constituting tbe eni>orin- tending school committee, tbe suj>eriritendent of schools, und a citizen of the town selected by them aboard to compile and to secure the publlca- • tion of the history and local geography of the town. Providing for ex- penses of state historian (annual maximum, $600) and for state aid. to towns (maximum. $150). Chap^88, Mar. 20, 1907. 1167. New Jersey: Encoumglng the celebration of Flag Day In the public schools. . Requiring appropriate exercises on June 14 of each year as the day of the adoption of the American flag by the Continental Congress. Ohap. 84, Apr. 17, 1907. 1168. North Carolina: Amending sec. 4087, chap. 85, Revlsal, 1905, relative to branches to be taught in the public schools. Removing ambiguity of phrase concerning the teaching of the history and constitution of North Carolina and the history and Constitution of _Xhe United States. Providing for the teaching of the. elements of civil government and for tcxt~book Instruction in physiology and hygiene. Sec. 1c, chap. 835, Mar. 0, 1907. 1169*. Rhode Island: Providing for the observance of May. 4 as Rhode Island Independence Day. May 4 of each year to be observed with patriotic exercises in all public schools. Commissioner of public schools to prepare and distribute programme. Chap. 1501, May 26, 1906. w 1 (c) Physical Education. (9m Section Uf 4: fchogis and n*y ground*'! ■: • ^ SUBJECT-MATTER OF INSTRUCTION. 229 (d) Physiology; Hygiene; Alcohol; Narcotics. 1170. Massachusetts : Sec enactment A 7 o. UiO . 1171. North Carolina: See enactment A T o. 1168. 1172. North Carolina: I^vldlng for scientific temperance Instruction In the public schobls. t Prescribing character and amount of such Instruction, and providing for Its enforcement In the schools of the State. Chap. 957. Mar. 11, 1907. 1173*. Utah: Providing for the establishment of n course of Instruction in the public schools on the subjects of sanitation nnd the cause and preven- tion of disease. “Section 1 . Sanitation and the cau*e and prevention .of disease nhall be taught . — That there shall be established in the Normal Schools of the state, and In the public schools, beginning with the eighth grade, a course of instruction mx>n the subjects of sanitation, and the cause and prevention of disease. “It shall be the duty of the stated>oard of education and state board of health, acting conjointly, to prepare a course of study to carry* out the provisions of this act.” Chap. 96, Mar. 14, 1907. (e) Moral and Ethical Education. I> 1174. Kentucky (1905) : A public school opened with pmyer and the read- in without comment of passages from King James’s translation of the 0 Hible, during which pupils are not required to attend, is not “a place of worship.*’ nor are Its teachers "ministers of religion,’* within the mean- lng~of constitution, sec. 5. providing that no person shall be compelled to attend any place of worship or contribute to the support of a minister of religion. — Hackett r. Brookuvllle Graded School District, 87 S. W., 792. The King James translation of the Bible, or any edition of the Bible Is not a sectarian t>ook. and the reading thereof without comment In the public schools does not constitute sectarian Instruction, within, the meaning of Ky. Stat., 1903, sec. 4368, providing that no books of a sec- tarian character shall be used in any common ftchool, nor shall any sectarian doctrine be taught therein.— Ibid. D 11 7.5. Texas (1908) : * The holding of certain exercises In the public schools hetd not to convert the schools into a place of worship, in violation of constitution, art. 1, sec. 6.— Church r. Bullock, 109 S. W„ 115. Notwithstanding constitution, art. 1, sees. 0, 7, and art. 7, sec. 5, one or more individuals held not entitled to have the courts deny the people Jbe privilege, of having their children Instructed In the public schools in the moral truths of the Bible. — Ibid. (0 Humane Treatment of Animals. (g) Music. (h) Drawing. (i) Elementary Technical, Manual, and Industrial Training. fBw also Section O: “Technical and Industrial Education — Elementary and Secondary. H 1 \ • See p. 810 tor complete text of decision. 1177. 1178. 1179. 1180. 1181. ‘STATE School SY S TEMS: 1JWISLATI0W, BTC., 1905-8. Arkansas: Authorising the teaching of elements agriculture iiA the public schbols. Act No. 455, May 20. 1007. California: Amending sec. 1865, Political Code, 1906, relative to course of study in primary and grammar-schools. Nature study to be taught with siwclal reference to agriculture. Man- ual ‘'training and domestic science added and made optional. , , CYlap. 52, Mnr. 1, 1907. Texas: Amending sec. 100, chap. 124, Acts, 1005, relative to subjects to be taught in the public schools. Providing for the teaching of elementary agriculture, excepting 'In Independent school districts containing a scholustlc population of three hundred und more. Chap. 100, Apr. 24, 1907. Utah: Urging Congress to adopt the Burkett-Pollard bill (providing for appropriations to the sevcrul States for udvauciug Instruction lu elemen- tary agriculture and manual training). ♦Sen. Jt. Mem. No. 2, p. 275, Mar. 14, 1907. Virginia: See enactment A*o. 107. Wisconsin: Amending sec. 49Gb, Statutes, 1898, and sec. 49Cc, Statutes, 1898, as amended by chap. ‘273, Laws, 1899, nnd creating sec. 496c— 1, relative to manual training and state aid therefor iu free high schools. Authorizing extension of manual training so as to Include the three upper grades below the high school. Authorizing assistance of Insitectors of graded schools lu the supervision of manual tralulug department**. Annual state ntd tu equal oue-half the cost of instruction ; not to exceed $360 If In high school and three upi*r grades, or $250 If In high school alone (formerly $250 to high school). Authorising two or more districts to unite In engaging manual training teachers und providing uld there- for. .Increasing maximum limit of unnuul state aid from $5,000 to $26,000. > H ' - Chap. 503, July 9, 1007. 1 (j) Days for Special Observances. [ Boo enactment* under subdivision (bW^rffUtory. ClWcn. and PitrlotlMD also pnder 8t*ctlon H, subdivision d : *’ School Holidays. *] 1T82, Montana: Amending secs. 1990 and $280, roUtlcal Code. 1895, relative to Arhor Day. Changing Arbor Day from second Tuesday of May to third Tuesday of April. Chap. 11, Feb. 13, 1907. * 11 S3. New Hampshire: Making May 13, 1907, a legal holiday. Making Mny 13, 1907, the three hundredth anniversary of the landing of the first English colonists at Jamestown, Virginia, a legal holiday. Chap. 06, Mar. 20, 1907. 1184. New Jersey: Relative to Arbor Day. Designating first Friday lu May. Exercises In schools, , Chap. 187, Apr. 13, 1908. v (k) Other Special Subjects. 1185. Arisons: Providing for instruction lu commercial branches In the public schools of Arizona. Authorizing the Introduction of commercial subjects by boards of school trustees, and providing for the employment and licensing of teachers, « Chap. BSrfflar, 21, 1907, is. VJ fitttOUl, TtPtt (& SOHO OU M. 8PECIAL TYPES OP 8CHOOL. The legislation relating to special types of school reveals’ a con- tinued tendency to extend greafiy the activities #f public education. While some of the enactments here included are* not applicable strictly to schools, they apjerbrought forward in evidence of this wid- ening tendency of public education. * This is particularly true of those of New Jersey>(1186), Ohio (1187), Massachusetts (1197a, 1197b), Oregon (1199), and Wisconsin (1200). The special schools for adults established in Pennsylvania (1188), and the special evening schools established in New Jer.ey (1196), are of peculiarly large contemporary interest. The establishment of , kindergartens by Kansas (1191) and by Texas (1192) are features of the widening scope of the public-school system. In connection with these two enactments, the decision of the California supreme court (D 1190) is pertinent. The Massachusetts act (1197) enlarging the powers of the sdRjsS committee of the city of Boston with reference to physical educSSon stands out as a prominent example of the progressive and far-reach- ing legislation affecting the schools of the large cities. The several enactments in Wisconsin (1201-1204) are deserving of special mention in connection with this general topic of the exten- sion of the activities of the school as a social institution. (a) General. 1180. New Jersey: Amending chap. 00, Laws, 1904, dr supplemented by chap. 106, I^aws, 1905, authorizing cities of the first class to provide annual excursions for children of the same. Increasing authorised limit of annual appropriation from $6,000 to $ 10 , 000 . Chap. 130, Apr. 9, 1008, 1187. Ohio: Repealing, and reenacting with amendments, sec. 4007, Revised Statutes (1005). relative to elementary schools. Authorizing city school districts to establish and maintain normal schools, summer or vacation schools, school gardening, and playgrounds. H. B. 887, p. 86, Apr. 9, 1908. 1188. Pennsylvania: Establishing schools for adults, including 'foreffenera, and providing for Instruction, and employment of teachers for shme. “SfeOTuml. He it warlrd, etc., That whenever an application shall be made to the school-directors of any school district of this Commonwealth, requesting the said board to provide moans for the instruction of any colony, camp, or settlement of adults, Including foreigners, who may re-' side temporarily or permanently within the boundaries of said school district. It shall be the duty of snld board to arrange a suitable and con- venient place wherein any such persons* desiring to attend may be In-’ structed In tfes several branches now taught th the common schools of this Commonwealth* * STATE SCHOOL SYSTEMS : LEOtSLATlOH, ETC., 1900-3. “ Sec. 2. Tbe application on petition shall be signed by at least twenty persons of said school district, who may either be taxable residents of said district, or aliens deslrlag such tuition: Provided, That any alien, so signing, must accompany tys request by the statement that he desires to avail himself of the o^l Instruction. “ Sec. 3. The Raid *sebMBmay be discontinued, at any time, at the dis- cretion of the said schoonionrd, whenever the average dally attendance for any month is less than fifteen. ** Sec. 4. It shall b* the discretion of the school board to use any oue or more of the s uonlhouscs established for ordinary and usual school purposes, or to erect or provide such suitable building or buildings, port- able or i>ermanent t as may be necessary. •* Sec. 5. That, upon receipt of such application or petition, the Bchool board shall at once proceed to provide a suitable locution for such school, hire the necessary teachers, and make all needful exjtense to ofxm and ooutinue said school: Provided , That any two or more school districts nmy unite in the establishment. sup;>ort, and maintenance of said schools: Provided, ftotccver, That the establishing and maintaining of such schools shall be optloual with the school boards of the severnl districts, except such years as a State appropriation is made for this purpose. ' ** Sec. 6. The school board may prescribe the hours at which the school- house may be- open for instruction, which shull be between the hours of nine o’clock In the forenoou and nine o'clock In the evenings. '* Sec. T. The instruction in said school shall be In the English lan- guage, except when necessary to translate the same into* tbe original iauguage of the scholars; Provided, That no sectarian Instrueyon shall be allowed." - Act No. 00, Apr. In, 1!H)7. 1180. Virginia: Establishing n public free school on the grounds of the prison . association of Virginia at Ijinrel, Henrico County, making an appropria- tion for the erection and equipment of the Rchoolliouso, and providing for the conduct and maintenance of same. Chap, 404, Mar. 10. 1908. (b) Kindergartens. D 1100. California 0005) Pol. Code. secs. 1017. 1002, 1063, which recognize nnd make provision for the establishment of kindergartens in cities nud towns, do not, when construed so as ndt to entitle kindergartens to partici- pate in the state school fund, conflict with constitution, art. 0, sec. R, requiring the legislature to provide n system of common schools by which a free school Rliall be kept up and supported In each district, nnd sec. 6 of the same article, requiring the state school fund to be applied exclusively to the support of primary uud grammar schools, — Los Angeles County i\ Kirk, 83 1\, 250. \ ^ . Kansas: Empowering school boards to establish and maintain free kindergartens for tbe Instruction of children between 4 and <6 years of age. Nothing In the act to be construed to change law relating to the taking " of the census of the school poptmttlon or the apportionment of state nnd connty school funds. Cost of establishing and maintaining to be paid from setjpol fund of districts. Prescribing qualifications of teachers. ' Gbap. 325, Mar. 1,j!>97. 1192. Texas: Empowering the trustees of any school dtarlct to established nd maintain free kindergartens for the trailing of chllafcen between % and 7 years of age and to provide for trained teachers for same. Providing that such establishment shall not affect laws governing school census or apportionment of school funds. Support by special tax. Providing 4or kindergarten teachers’ certificates/ f Chap. 149, Apr. 20, 1907. 1191* vj a 0M p. 810 for compete tost of decision. SPECIAL TYPES OP SCHOOL. — y J(c) Evening Schools. * 1193. California: See enactment ho. / , * I> IliW. California (1907) Constitution, art. 9, sec. 6, held not to prevent the maintenance of evening high schools as a part of the public school ' system.— Hoard- of Education of City and County of 8ou Francisco v. 1 Hyatt, 93 I\, 117. . 1193. Georgia: Amending the charter of the clty'of Macon so as to Authorize * nml direct tin* mayor mid council to appropriate certain fixed sums of * * money for the supiKtrt of a night school to he kept at one or both of the'"* ’< •Macon public libraries. Act No. 100,^1.^86, Aug. 17, 1907.. 1190. New Jersey: Provldiug for the establishment of evening schools .for fnrcign-borii residents. "1. The board of education of any school dlstr^t may establish and y maintain a public evening school or evening schools for the Instruction J of foreign-lK)rn residents of said district over fourteen years of age In the English lunguage and in the form of government and the, laws of this Stute and of the Cnited States. Every teacher employed In such a school shall hold a special teacher’s certificate, valid as a license to teach In such schools. The state board of education shall prescribe rules for the proper control and management of such schools, for the inspection thereof, for the granting of certificates to tenqh therein, and for carrying into effect the purposes of this act The course of study In each of such schools and any changes therein shall be submitted to and shall be approved by that state board of education. , *'2. Whenever In any school district there Bhall have been raised by s|>ecial upproprlatlou or S|)ecial tax. or by subscription, or Jjoth, such sum as, in flic judgment of tbe state board of education, shall be sufficient for tbe maintenance in such district of an evening school or schools as aforesaid, there shall be paid for such purpose to tbe custodian of the school moneys of tgiid district, on the order 'of the state superintendent of public Instruction, an amount equal to that raised therein as aforesaid, which amount shall be paid by the state treasurer on tbe warrant of the ■■ state comptroller: Provided , said order shall not be issued until the course of study In such school or schools or any changes therein shall have been approved by the state board of education. The moneys appro- priated by tbe State as aforesaid to auy school j district shall not exceed in uny year tbe sum of five thousand dollars. Tbe custodian of the school moneys of the school district shall be the legal custodian of any and all funds appropriated, raised- or subscribed for the maintenance of such evening schools. He shall keep a separate and distinct account thereof, and shall disburse said moneys on orders signed by the president and district clerk or secretary of the board of education. ‘‘3, Tbe board of education of auy school district receiving an appro- priation from tbe State for the purpose mentioned In this act shall annu- ally, on or before the first day of August, make a special report to the state su|>crlntendent of public instruction in the manner and form pro- scribed by him, M 4. The state board of education may from time to time appoint suit- able persons to assist In carrying out the provisions of this act and to en- courage the establishment of such evening schools^ The persons so appointed shall receive no compensation for their services, but shall be I»ald the necessary expenses incurred by them under the provisions of this uct, / " 5. The expenses incurred In carrying out the provisions of this act shall be paid by the state treasurer on the warrant of the state comp- troller, but no expense shall be Incurred nor payment made for any of the purposes named In this act until an appropriation therefor shall have ’ been made in a regular appropriation bill. "6. This act shad takevejtfect Immediately." > v Chap 86, Apr. 11, 1907.« 3 • 8m p. 808 for complete text of decision. STATE SCHOOL, SYSTEMS: LEGISLATION, ETC., 100S-8. (d) Vacation Schools and Playgrounds. > 1197, Maryland: Authorizing contract between the city of Baltimore and the Children’s Playground Asaod^tlon of Baltimore for the maintenance of playgrounds in said city. Chap. 511. p. 587, Apr. 8, fm. • 1197a. Maryland: Adding sec, 93A to art. 4, Code of Public Local Laws, 1904, authorizing* the board of park commissioners of Baltimore to establish athletic fields nnd playgrounds for the use of the students of the public schools of the city. , Chap. 100, p. 594, Mar, 19, 1908. 1197b. Massachusetts: Enlarging the powers of the school committee of the ^Ityof Boston in respect to phjsicnl education. « 8ec. 1. The school committee of the city of Boston, Within the limit of the appropriations for such phrases made by it as hereinafter author- ised or under existing authority of law. shall, during the summer vaca- tion nnd such other part of th$ year as It may deem advisable, organize and conduct physical training and exercises, athletics, sports, games, and play, shall provide proper apparatus, equipment and facilities for the same in the buildings, yards and playgrounds under the control of said committee, or upon any other land which It may have the right to use for this purpose. “Sec. 2. The said committee shall use for the purpose aforesaid such of the plaunnds, gymnasia or buildings under the control of the park commlssloT^B said city as the school committee may deem suitable therefor, auBuse to be subject however to such reasonable regulations and conditions as the park commission may prescribe: Prodded . also, that nucb use shall not extend to any playground, gymnasium or build- ing under the control of the park commission which said commission pball by vote approved by the mayor declare to l>e unsuitable for such use. “8ec. 3. Appropriations for the above named purposes shall be made by the school committee In the same "manner In which it makes appro- priations for the supi>ort of the public schools, and the total amount of the appropriations which said 1 committee Is authorized by law to make Is hereby Increased for the current financial year of we city by two r cents upon each one thousand dollars of the valuation orr which the ap- propriations of the council are based, nnd by two cents additional, or four cents In all, for each subsequent year; but the amount of said Increase shall be appropriated solely for the purjKJses mentioned In this net.” :> Chap. 295, Apr. 13, 1907. 1197c. Massachusetts: Authorizing the hoard of park commissioners of the city of Trowel! to establish nnd, maintain i>nrks nnd playgrounds. Chap. 148, Feb. 27, 1908. l\9Trt. Massachusetts: ProvldtngHbr public plnygrounds In certain cities nnd towns. 1198. Adoptive by cities of more than 10,000. At least one public playground to bt> maintained after July l, 1010, Chap. 513, May 12, 1WK New Jeraajr: Amending the title, and sets. % 3, 4, 5, and 6, chap. 117, Laws; 1007, relative to public playgrounds In cities. Title to read “An act concerning playgrounds and recreation places In cities of this State, and providing for the establishment, equipment, con- trol, use and regulation thereof.’ 1 Amending so to read throughout “ playgrounds and recreation places ” (formerly, ‘‘playgrounds and recreation places for children ") ; authorizing the use Of playgrounds for exhibitions, etc. ; admission free. Other minor amendments. Chap. 108, Apr. 7, 1908. 7 ? 8PBCIAL TVPE8 OF SCHOOL. „ 2S8 1100. Oregon: Creating a public playgrounds board for the city of Portland. A t Authorizing said board to acquire by purchase, gift, or condemnation, lands for public playgrounds and gymnasium, and to equip, maintain, and manage the same, and to provide rules and regulations for the manage- ment thereof. " Section 1. That there be and is hereby created a board of five persons to be known as the public playground board, whose duty It shall be to provide, equip, ami maintain public playgrounds and gymnasiums for the use of childreu witbiu the city of Portland, Multnomah County, Oregon, us hereinafter provided. "Sec. 2. Such public playgrounds board Rkall consist of the mayor of the city of Portland, and the Judge of the 'Juvenile court of Multnomah County, Oregon, the sni>erinteiideut of the public schools of school dis- trict No. 1, Multnomah County, Oregon, the president of the Multnomah * Amateur Athletic Club, and the librarian of the public library'. of the city of Portland, Oregon, and their successors In their respective offices. “Sec. 3. Said public playgrounds board shall organize at a meeting thereof, to be called by the mayor of the city of Portland, not more than sixty days after the date on which this law shall take effect and elect a chairman from among their number, and n secretary, who need not be a member of the board. Noue of said board shall receive any compensa- tion for their services as such. Itegulur meetings of said board shall be held monthly at such times ns may be prescribed by the board, and special meetings may be held u|>on call of the chairman or of three members of the board, and at all such meetings three members of said hoard shall constitute n quorum. “ Sec. 4. The secretary of suid board shall keep an accurate record of nil the proceedings of said board, Includlug all rules and regulations adopt < h 1 for the government or use of the playgrounds or gymnasium, and shall ]>erform such other duties as may- be prescribed hy the said board. He shull receive in full compensation for all his services such salary as may be determined by the board, not exceedlug the sum of $100 |>er month. “ Sec. 5. The treasurer of the city of Portland shall be treasurer of the board and shall keep an accurate account of all moneys received and paid out oa account of said board apart from all other accounts, and shall pay out no moneys on account of such board, except upon n warrant drawn upon him by the chairman or acting chairman, countersigned by the secretary or acting secretary of the said board. “Sec. 6. Said public playgrounds board at any regular meeting thereof* shall have power to assess a tax, not exceeding one-quarter of one mill on the dollar in any one year during the first five years after this act takes effect, and, thereafter, one-eighth of one 9 til on the dollar during ,nny one year upon the taxable property of the city of Portland, which tax shall l>e collected like other city taxes, and when so collected shall l»e exclusively the control of said public playgrounds board, and shall be exclusively used for public playgrounds and gymnasium pur- poses, according to the Judgment of said board, and said board shall have full and exclusive control of all public playgrounds and gym- nasiums within the city of Portland, Including all those parts of the public porks or grounds of said city which had been or may hereafter I* «*>t nslde for playgrounds or gymnasiums, and shall have power to * lsy out. Improve, and equip such public playgrounds and gymnasiums, to appoint all necessary employees. Including watchmen or keepera, w T ho shall have the i>ower and authority of police officers, and fix the com- pensation of all such employees, and shall disburse all moneys appro- priated, received, or collected for the Improvement or use of said play- grounds and gymnasiums, anfl generally shall have power to do all acts needful or proper for the protection, care or improvement of said play- grounds and gymnasiums, nnd to make all necessary rules or regulations? for the use or government thereof, and for breaches of such rules and * regulations to affix penalties thereto, not exceeding $20 for any one offense, to be collected as other fines nnd penalties are collected in the wild city of Portland, Oregon, “ Ihcc. 7. The said public playgrounds board Is hereby empowered to acquire title by purchase, gift, derise, and condemnation or otherwise to any land it may deem desirable for public playgrounds or gymnasiums, 236 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1900-8. / the title thereto to be taken, iu the name of the city of Portland, Multno- mah County, Oregon, uiul to pay for the same from the tax collected as herein provided, or from nay other funds given or received for said pnriKMse, and the park board of the city of Portland shall have authority to turn over to the wild public playgrounds hoard such parts of the parks and other grounds belonging to the city of Portland aud within the control of said purk hourd as shirtl be suitable aud desirable for public playgrounds and gymnasiums, and when so designated and turned over to said public playgrounds board the Rome shall be under tin* jurisdiction of said i tab He playgrounds board as other property It might ucqnlre for Raid purpose.^-Snld public playgrounds board shall have j>ower and nnthorlty to sell uny lands or other property acquired for I laygrounds or gymnasium purposes whenever in the Judgment of said board such land or projierty slmll have Income timleslrahle for such pur- poses, aud nil money received on such sale shall be turmnl Into and In* come part of said playgrounds fund. It shall he the duty of the water board of the city of Portland to furnish whntever water may lie neces- sary for drinking fountains, water closets, sprinkling or other legitimate pursues for the playgrounds and gymnasiums which may be established under this act, free of charge. 9 ** Skc. S. If the said public playgrounds board desires to acquire any land for use In accordance with tl^ls act and emmet agree with the owners as to the amount to be paid therefor, said public playgrounds bt^ird may proceed In the elreult court of Multnomah ('ount.v, Oregon, ns provided In chapter 2, title 41, of Helllnger ami (Mtton's eoinpllatlon of the laws of Oregon, for the appropriation of such land for public playgrounds and gymnasium purixises. ** Skc. 0. No land shall be purchased unless authorized at a regular meeting of said public playgrounds board and concurred in by at least three members of said board. It shall be a crime for any member of said board to he Interested In any contract to which the hoard of which he Is a member shall he a party or In which It is Interested, and such crime shall la* prosecuted and punished as n misdemeanor. *’ Filed In the office of the secretnry of state, Feb. 25, 1007.*’ Chap. 159, Feb. 25, 1907. 1200. Wisconsin: Amending secs. 1, 3, and 4, chap, 181, I^aws, 1899, and mak- ing the same secs. 920 — 17, 920 — 19, and 920 -20, respectively, of the statutes, nnd creating sec. 770n, providing for the creation of park districts in cities of the third and fourth classes and in towns, ami providing for levying and collecting a district tax to procure lands fur pnrks and playgrounds, nml to Improve and maintain parks and play- grounds therein. ('Imp. 5N5, .inly 12, 1907. ✓ (e) University ExtensioVi; Public Lectures, 1201. Wisconsin: Amending tacs.' 1 nnd 2, chap. 330, Imws, 1001, as amended by secs. 1 and 2, clwp. 125, I>nwfl, 1905 (creating tan's. 515a and 515b, Statutes, 1808), relative to the use of public schools nml libraries for public lectures. Providing for lectures (formerly, evening lectures). The fqrther education of adults to he cared for In particular. s Kmpowering boards to delegate management nnd control of lectures. Chap. 75, May 3, 1907. 1202. Wisconsin: Amending sec. 435, Statutes, 1898, relative to powers nnd duties of school district boards and the care of school property, Authorising use of school buildings for lectures, public entertainments, tic,, under the auspices of the school authorities for the benefit of the schools. Permitting admission fees. Chap. 270, June 19, 1007. SPECIAL TYPES OF SCHOOL. 28.7 3208. Wisconsin: Cre'uting sec. 1494 J of the statutes, relating to university extension. * Regents may carry on extension and oorresiwindenre teaching; $20,000 annually. Chap. 418, Juue 20, 1907: 320*1. Wlscopsin : Amending 088 of the statutes, as amended, relating to the use of public iibnmes. Free library nitty employ hvturers; eooi*>rnthm with Fnlverslty of Wisconsin and free library commission to encourage wider use of 'sluca- t Iona I b(¥)ks. Chop, 807. June 21, 1907. (f) Farmers* Institutes, etc. 1208. Alabama: Appropriating annually $4,000 for the punnise of holding farmeijfc^tlt.ftes, conducting experiment^ gathm-ing statisties, etc., for the bdBBWmFof Hie agricultural interests of tfic state. Act No, 707, p. 781. ^iig: 0. l!M>7. 12(HI. California: Authorizing the regents of the Cnlversity of California to hold fanners’ institutes. Making appropriation (ft $1,%>0 for the biennium HNt7 and 190N. Chap. 1 80, Mar. X, 1907. 1207. Colorado: Making a special appropriation of $1(UKX) for 1007 and 1908 for farmers* institutes and agrieultura I extension work Ity the state hoard of agriculture and the State Agrieultura! College. * * S»h\ 4, clmp. 70, Apr. 18, 11H»7. 320X; Indiana: Supplement lug chap. 184, Ijuvh, 1SS‘t t secs. 2X09-2X1 1, Purus's • Annotated Statutes, 7901), relative to the encouragement of farmers* Institutes. Authorizing additional minimi pxi>endlture of not to exeeed $PX> for each county institute. Providing for recognition of woman’s auxiliary. Penalty for false rejtorts. Chap. 117. Mar. 8, 1907. ’ 1209. Louisiana: Authorizing the eoumdssioner of agriculture and Immigration to employ a farmers* Institute conductor, providing for payment of his salary, his expenses, and the excuses Incurred In conducting said farm* ers’ institutes, and for holding institutes for tkn* Instruction of the citi- zens of the state In the various branches of agriculture. Act No. 1 1 >2, July 2. 1 90s. 1210. Oklahoma: Sec cuaetmrnt .Vo. V JJtf. 1211. Wisconsin: Amending sec. 4S(k*, Statutes, 1S9X. relative to the method of placing farmers* Institute bulletins In the public schools. To be distribute! by sui>erlutendent of agricultural Institutes directly to town elerks (formerly, through state superintendent). Chtiir 00, Apr. 80. 1907, 1212. Wyoming: Authorizing the several boards of county commissioners to appropriate annually $HX) to defray expenses of holding farmers* Insti- tutes under the supervision and with the cuoi>erntlon of the Cnlversity of Wyoming. ('hap. 77, Feb. 20, 1907. (g) Private and Endowed Schools If * H Ji e r I : ! i 288 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. N. SECONDARY EDUCATION: HIGH SCHOOLS AND ACADEMIES. The volume of legislation and judicial decisions upon the ques- tion of high schools would seem to indicate that this school was occupying a larger and larger place within the scheme of public edn- cation. Aside from the question of direct, state aid, the uttitude of the various States toward the development of secondary education is well illustrated by the following: Alahumu (1215), providing for the establishment of county high schools; California (1220). per- ^nitting the establishment of postgraduate courses of study in high schools; California ( 1)1224) , relative to the status of evening high schools; Illinois (1227), providing for high -school privileges for all graduates of the eighth grade; Indiana (1230). relative to the classi- fication of high schools; Kansas (1233-1235), relative to county high schools; Montana' ( 1245), relative to the status of the county high school; Nebraska (124f>). providing free public high schmd educa- • turn for all the youth of the State; Nebraska (1247b providing for the establishment of county high schools; North Carolina (125;?), providing for the establishment of county high schools; South Caro- lina (1201), providing for the establishment of county high schools. Throughout this group of legislation and judicial intSrpre^itinu it is easy to detect the growing importance in popular favor of the county, township, and joint high schools. 1213. Alabama: Providing for county high school for Halo County. Providing fqr annual state appropriation of $5.0n0 ; for hoard of trus- tee, and duties and lowers thereof. * Act No. 7 OH, p. 041 . Aug. O. 1007. 1214. Alabama; Providing for state appropriation to high school at I’lnuters- vllle. Appropriation, $4,000. Constitution of hoard of trust*****. Act No. 70H, p. U 12, Aug. 0. 1007. \ 1215. ’ Alabama: Providing for the establishment of high schools hi the counties of the State uml making appropriations therefor. Creating a commission contused of the governor, auditor, and super- intendent of education for loon lion of such high schools. Providing for annual state appropriation of $2,000 for each school, County to provide site upd building. Provisions regarding board of trustees, qua 1 1 find Ions of teachers, eligibility of students, aourse of study. Act effective, providing appropriations can be made from treasury. Act. No, 767, p. 728, Aug. 7, 1907. (Secs. 1801 -1868, Code, 1907.) !l210. California: See enactment .Vo. 4* 1217. California: Sec enactment Vo. 7/55. 1218. California: Amending sec. HUM). Political Code, 190(1. relative t» the establishment and maintenance of high schools. High sclkAl district* may be maintained with one or more high schools In the manner provided for by secs. 1670 and 1071, Political. Coho. 14, Feb. 15, 11J07. SECONDARY EDUCATION. 289 1220. California: Adding uew sectlou \ o the Political Code, to be numbered 1081, relative to i>o8tgradunte courses of study In high school. “1081. The board of trustees of any eltv, district, union, Joint union, or county high school may prescribe iKmtgraduate courses of studv for the graduates of such high school, or other high schools, which courses of study shall approximate the studies prescril>ed In the first two yea™ of university courses. The Imnrd of Trustees of any city, district, union, joint union, or county high school wherein the iMistgrndunte courses of Httulles are tnughi may churge tuition for pupils living without the bound- aries of the district wherein such courses are taught.” Chap. 00, Mar. 3, l!X>7. 1221. California: Adding sec. 1071a to Political Code, 1900, relative to issuance of bonds for supi>ort of county high schools. \ Providing for the submission to /electors of the younty of til* question of Issimnce of bonds for county hlj£h-schoul pur|H»ses. 7 Chnp. 197, Mar/12, 1907. . 1222. California: Amending sec. 1070, Political Code, 1005, relative to estate, ing nud umlutnlning high schools. Providing for the establishment arid' maintenance of hlgh-sehoo] dis- tricts (formerly high schools) In any city, incorjH>rated town constituting one or more common school districts (formerly ineor|>ornted town), or any school district having u school population of 200 (formerly 300) or more. * _• • Decreasing lowers of county sui>erIntomlems relative thereto. Chap. 510, Mar. -23, 1007. I> 122:1. California ( 11KK5 ) : Pol. 1H74, regulating the govern- ment of high schools, are not to i>e oc^roThnl by ptovislons of the Code applicable to common schools.— Hnncrtflj^;. Itatldnll, 87 1*., S05. ]> 12t4. California /l907) A high schooXbein?V part of the public school system, us provided by constitution. nrt>0, sec. 0, such a school estab- lished by the board Of education of San Francisco under Pol. Code, see. 1010. ami Stat. 1871-72, p. 840, chap. 570. if otherwise qualified, was entitled to share in the state Jjlgh m-lrisd fund, under net March 0, 11105, p. 59, chap. 05, sec. 5, though not established pursuant to ftn election un- der Pol. Code. sec. 1070 — rfohnl of Education of City & County of San Francisco r. llyutt, 03 I’., 117. A high school having b<*on organized In October, 1807, any 'defect r in ItR organization were cured by Stat., 1001, p. 290, chap. 140, and by Acts, 1905, amending Pol. Code, chnp. 1071, so that the school wnR "organized under the lawR of the state,” within Stnt., 1005, p. 58, chap. 05, sec. 5. providing for the distribution of the high school fund.— Ibid. The fnct thnt the sons ions of an evening high school were limited to two hourR a day did not prevent it from participating In the benefits con- ferred on regularly established high schools by act March 0, 1905 p 58 chap. 05.— Ibid. . 4 Under Tol. Code. sec. 1070, suhdlv. 12, and Stat,, 1905, p. 58, chap. 05. sec, 5, a high school maintain lug two courses of study, only one of which compiled with university admission requirements, held entitled to state high-school funds only In case It maintained In such course noCless than two high-RChool teachers, and had a dally average attendance of twenty or more pupils.— Ibid. # Under To!. Code, sec. 1070, suhdlv. 12, the fact that an evening high Rchool course. Intended to comply with university requirements extended for five years did not a ITect. -school's right to (wrtlolpnte In distribution of state high school fund, ns prescribed by Stat., 1905, p. 58, chap, 65 sec. 5.— Ibid. a See p. 300 for complete text of decision. 240 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 1226. Colorado: Amending chap. 100, Laws, 1800, relative to the eslahllBh- . inent and support of high schools in comities of the fourth mul fifth classes. V Extending not so as to Include counties of second and third classes. Providing for the Issuance of bonds for the purpose of school buildings ana sites, or for funding floating debts. j Chap. 210. Apr. 0. 1007. 1226. Connecticut: Amending chap, 187,, Acts. UKiCJ, concerning t.uitlon of ‘ 'children In hlgii schools and academics in towns and cities other than those In which they reside. Towns in which n high school Is not maintained (previously, high school or academy) to pay whole or part of tuition fees nf scholars at* tending approved school or academy. * -Chap. *,k), May 27, 1 IX >7. 1227*. Illinois: Providing free high school privileges for graduates of the eighth grade. ^ Providing that graduates of the eighth grade in districts where there Is no high school shall he allowed to attend any* four-year high sehool in the same or any adjoining county upon payment of tuition not to exceed cost ]>er capita for instruction la. said school. * \ District of residence to pay tuition of rhihlren of Indigent parents. * 1 Pupils from districts maintaining work of ninth ami tenth grades must complete work of these grades. ^ - II. li. S57, p. 623. May 26. 1907? I> 1228. Illln^bi (1904) : Under the school inw (laws, 18X9, p. 239), providing * for orwAization of school districts and maintenance therein of free schools^® which -the children of the State may receive a gomf common . school efluenthm, ami const Itutloh, art. s, mm*. 1. providing that (lie general assemhly shall provide a thorough and eilieient system of fret* schools, whereby all children of the State may reciMve » good eoinmou school edu- catlon, any school district may establish and maintain a iitgh school dd® part Ant. — Russell ft High School Board of Education of School Dint. 131, No. N. K, 441 ; 212 III., 327. 1221). Idaho: See enactment .Vo. U56. 1230. Indiana: Relating to high schools. "Section 1. He it enacted *' * * , That the public schools of the State shall he and are defined and distinguished as («) elemeiitary schoola and (b) high schools. The elementary schools shall Include the first eight (8) years of school work, and the course of study for such years that which is now prescribed or may hereafter be prescribed by law. The commissioned high schools Hindi Include not lews than four (4) years’ work following the eight years in the elementary schools. The high school course in non-commissioned high schools shall he uniform . throughout the Slate and shall follow a course to be established atul apiended^or altered from time to time as occasion may arise, by the state board of education. M Sec. 2. The following enumerated studios shall he taught In (til cotn\ misslohed high schools throughout the State, together with such uddi-\ tlonal studies ns any local board of education may elect to hnvb taught \ in its high school : Provided.. That such additions shall t>e sulijcyt to revision of the state bonrd of education. Mathematic : Commercial arithmetic, algebra, geometry. History : United States, ancient, medieval or modem. Geography: Commercial or physical, physical. English; Com[Mialtlon, rhetoric. Literature: English, American. language (for- eign) : Latin or German. Science: Biology, physics or chemistry. Oivti government: General, state. Drawing. Music.” „ Chap. 191, Mar. 9, 1907, 1231. Iowa: Seo decision .Vo. D f$. 1 i j SECONDARY EDUCATION. 241 / — — ' !> 1232. Iowa (1905) : Acta. twenty -seventh genera! assembly, p. .48, chap. 84 in Vnt It 1 antl sec. 4 of the statute provides that, should there he more applications for admission to a county high school from any school corporation than the iori oration’s proportionate nmAbev of impiis. the schovl corimratlon from which they attend shall pay their tuition out of in contingent fuml. Held. that the statute Is not violative of const nut Ion, art. 3. see. 29, ns embruotng more than one subject but one of*, whirl) Is expresml in its tttle, on the ground that sec 4 Is an . attempt to aniond code. sec. 2803, the latter reliving to ordinary school f’orjHM'at n.iis. and not being intended to regulate, nor In effect regulating, nigli schools. Hoggs r. School Tp. of Cass, Guthrie Countv, 102 N. W.' i ntt i * * ** 12*13*. Kansas: Itcitenllug, and reenacting with amendments, sees. 4 and 10, elmp. 307, haws. I!M»5, providing' for the maintenance and regulation of county high schools in districts or cities under 1(1,000 iKipuIatlon. Appurt ton i mint of hlgh-school fund to be made according to estimated tost of mu lulu Iking high seliools. In place of according to average daily attendance. / \ , * J Providing/ for tW submission to electors of counties of the question of mlopiiun f ‘Vrovtsions of the high-sehool act of 1965. as amended I iy laws of amlMtins. \ \ ('bap. 00. Jan. 27, 1908. 1234*. Kansas : lieptVilng, ami reenacting with amendments, see. 07 chap. 397, v Haws. It io.»,- ivla\lve to the regulation and nui intena nee nf Idgh schools In districts or cltVs nndet- Ui.nuo imputation. locating to county high schools. Providing for the (‘ortlflcntlop of tin* amount iieressalw for uiuiutcaaucc of such schools by county afiper- inlendrnt. M;i x i m mk Jevy, 3 m 1 1 1 h. County Huimrlntendent to muke h‘vy in case county cVmmlHsIouers fall to do m>. ('hup. 7*33, Mar. 9, 1907. 1233*. Kansas: Itepeallng, and reenacting with amendments, stK\ 6455, General Statules, 1901 ( sec. 1. clyip. 250, 1 j) \ vs, 1S99), authorizing and enubllng H‘ho(d dlsiricts Jn certain counties to levy a tax nad pay the hlgh^school tuition oCoUiPcholars actually residing in said district. Delating to sellout districts located In counties not maintaining a county high school. Provisions concerning tax levy for the iwyment of tuition of pupils in otlier hlglg schools not to apply to any county adopt- ing provisions of chap. 397, Ijiwh, 1905. Chap. :m, Mur. 5. 19U7. I> 123d. Kansas (1904) : Laws. 1889, p. 32d, chap. 224, sec. 1 (Oen. Stat., 1901, sec, 6305), authorizing cities of second class to maintain high schools in whole or in part by colhs'tioa of n tuition fee from each pupil, is a vio- lation of constitution, art. 0, see. 2, providing for the establishment of a uniform system t}f eoinumn schools and schools of higher grade. — Board of balneation of the city of ljiwrenee r. Dick, 7S P., 812. The term "common *'hools," as used In constitution, art. 6, sec. 2, pro* viding for their establishment, means “ free common (schools.” — Ibid . r IJie high school grade of a city system of schoolB is a part of the com- mon school system.- -Ibid. H 1237. Kansas (1906) : Laws, 1905, p. 070, chap. 414, authorizing boards of education to separate colored and white children in high schools; and to maintain separate high schools for white and colored children. Is a ‘ Rpcclal uet amendatory of sec. 0200, Gen. Stat., 1901, reflating to the regulation and support of public schools, and Is not in violation of any provision of the constitution.— Richardson v. Board of Education of Kan- sas City, 84 P„ 538, 72 Kan., 629. (13470—09 16 24SK^ btatb school systems : legislation, etc., mom. i D 1238. Kansas (1908) : Per Curiam. This case Involves the constitutionality of chap. 368, p. 634, Laws, 1907, entitled ‘’An act providing for a special tax levy for the construction and equipment of a county high school building for Scott County, Kansas.” The act is special, and under the authority of the case of Anderson t\ Board of County Commissioners of Cfoud County (just decided), 95 Pac., 583, is' held to be* repugnant to the provisions of sec. 17, art. 2, of the constitution, nnd therefore void for the reason that a general law could plainly be made applicable. The judgment will be reversed, and the cause remuuded for further . proceedings, Deng et al. t>. Lamb et al„ 95 I\, 592. 1239. Kentucky: See enactment \o. 13S, 1240. Maine: Amending sec. L chap. GS, Public Laws, 1903 (sec. 03, chap. 15, Ko vised Statutes, 1903), relative to high school tuition of nonresidents. Adding provision that such tuition shall constitute n part of the high school fund of town receiving same. Chop. 73. Mar. 20t 1907. 1241. Maine: Amending sec. G, chap. 14S. Acts, 19Q1 (sec. SI, chnp. 15, Revised Statutes, 1903). relative to state aid for academies. • Adding provision concerning additional state aid for academies main- taining a training school for teachers, a course In nminml training, domes* tic science, or agriculture approved by state su]>erlntcmlent of schools. Chap. 7S, Mar. 20, 1907. 1242. Massachusetts: Relative to the maintenance of n high school In the town of Leicester. Authorizing agreement between trustees of Leicester Academy and school committee for conducting a high school in the academy. Chap. 490, June 12, 1907. r 1243. Massachusetts: Providing for n high school building comn^sslon for thSs city of Haverhill. Prescribing lowers and duties of commission ; limiting expenditures for building nnd grounds to $350,000. Chap. 49S. June 12. 1907. 12441 Montana: Rci>cnllng. and reenacting n substitute for an act to establish county free high schools and to provide for their maintenance, substitute^ for H. R. No. (H), p. 69, Laws, 1899, ns* amended by S. R. No. 37. p. 6, „ Ijiw's, 1901, ns amended by chap. 59, Ijiws. 1903, validating everything done under said laws of 1899. 1001, nnd 1903. $undrv minor amendments. Chap. 29, Feb. 25, 1907. D 1245. Montana (1907) : Seas. Ijiws, 1907, p. 50, nuthoflzlng the establish- ment of county free high schools. hrt<1 not to violate constitution, art. 5, sec. 23. providing that no bill containing more than one subject shall be * passed. — Evers t\ Hudson, 92 P„ 402. 1246*. Nebraska: Providing four years of free public high school education for all youth of the state whose pa rents or guardians live In pub 11c* school v distorts which maintain less than a four-year high school course of study. Defining conditions of admission, of such pupils to high school privi- leges. Fixing tuition charge at 75 cents per week and providing for com- pulsory tax levy by district of residence to pay such tuition. Chap. 121, Mar. 6, 1907. 1247. Nebraska: Piovldlng for and establishing county high schools. • Providing for elections foi' such establishment. Constituting county board of commissioners or supervisors ns board of trustees for county high school. Defining powers and dntles of board of trustees and of Its officers. Authorizing the Issuance of certificates and diplomas to students and making tuition free to all pupils residing in the county. Providing 4 , for the location^)? the school id authorizing the Issuance of bonds. SECONDARY EDUCATION, 243 1248. Nevada: Amending seen. 3. 4. 5, and 0. chap. 31. Statutes, 1886, permit- ting the establishment of county high schools, and providing for their construction, maintenance, nntl management. Providing for election to determine location of school, for deferring tbe tor levy, Hiid for the erection of a counjjr high school building und reco'n- stltuting ijpuuty* boards of education. . {See chaj’. 154, Mar. 2S. 1907, iiuthorizl/g county commissioners of Cmurchill County to Issue bonds* for cotimy high school building In a R1 JOEL ) / * Ohqp. 86. Mar. 15. lf>07. 1240. New Hampshire: Enabling certain scho C. see. 2, providtu* tlint n town, not maintaining a high school, which refuses to i*av for tuition of any child uttemTlhg a high school or academy, shall be liable therefor to the parent of the child lmying or the town furnishing the tuition, gives parents ami Mmol districts maintaining appro veil schools an action against school districts which rcfuhp to (wiy the tuition for which thej are liable, lmt docs not give h 11 action to aondejnies and ap- proved miiopls ns such. — >>w Hampton institution r. Northwood School Dist., OS A, 538. 72. New Hampshire (1907): Under Laws, 1001, p. 5S8, chap. 90, as amended by l-aws. 1WW. i>. 117, chgpHlS, providing that any town not mnlntaining a high scln»oI shalt pay for the tuition of’ any fchlld attending a high school or academy, and defining n high school or academy as n school having at least one four-year course required for admission to college, etc.. Jmd l‘nh. Stnt., 1N91, chap. «p. shh'h. 1M3- I^nwe 1809, p. 31 8, chap. 77: and Ijiwr. 1905. pp. 411, 505, chaps. 19, 90, author’ Izing the maintenance of high schools, etc., n district nmintHining a high school with one course of Instruction is not liable for the tuition of chil- dren who, having taken that course, attend an approved school In another districted a district not maintaining a high school Is not llHhtf for the fuitlon of children attending an approved school after having graduate* from an approved school.— New Hampton Institution r. Northwood School Dist., 68 A, 538. • New York: Amending sec. 4, chap. 059, Laws, 1905, as amended by chap. 258, l4tws, 1900, relative to the erection of a new high school in the city of Syracuse. Increasing total bond issue from $200,000 to $275,000. Chap. 58, Mar, 20, 1907, North Carolina: See enactment No. North Carolina: stimulating high-school Instruction In the public schools of the State. Authorizing county high schools to be established and maintained by county boards of education with consent of state board of education. Chap. 820, Mar. 8, 1907. D 12; 1253, 1254, 1255* A ’'-tf ’■ 'VThT'" '7 1 ' <■ ".v rr STAtfc BOHOOL SYSTEMS: LEGISLATION, ETC., 1906 — 8 . Ohio: Repealing, and reenacting with amendments, sec, 1 (H. B, 171, p. 281, Laws, 1898), act of April 25; 1898 (sec. 4000-15, Revised Statutes, 1905), emimweriug township boards of education to establish township or £. Joint township high schools, and to discontinue subdistrlct_KclHK>ls when too small to Justify thelr^conthiuanoe, as amended April 2TC>1904 (S.^B. 57, p. 359, l-ows, 1904), providing for Joint high-school districts, • Providing that such Joint high schtxd shall he. under the control of a joint hlgh-school committee. Authorizing si>echil tax. not exceeding 5 mills In any year, for such school- H. R 1023. p. 402, May 9. 190s. 1257. Oregon: IYovidlng for tie choice by an election of the location of the couuty high school In counties which have heretofore voted In favor of a county high school. Chap. SO, Feb. 23, 1907. 1258. Oregon: Providing /or the establishment of union hlgh-school districts and for the maintenance and government of the same. Providing for procedure for <*nn8olldntlon of districts for hlgh-school purposes. Defining the constitution of union hlgh-school hoard: (towers and duties. Chap. 101. Feb. 23, 1907. 1259. Pennsylvania: Ameudlng act No. 23, Law*. 1905, permitting children residing in school dlatrlctB lu which ;to public high Hchool Is maintained to attend u high school In some other district. hKnted near their homes, and providing for the payment of cost of tuition nud schoolbooks. Requiring attendance at the nearest or most convenient township or borough high ^school. Defining nmre clearly tin* methtnl of calculiithiu and payment of the coat of tuition ami solum lbooks. Act No. 1113. May 23. 1907. 1260. Pennsylvania: Supplementing act No. 293, Acts, 1895, regulating the * establishment, classification, ami maintenance of high schools, the distri- bution of appropriations In aid of high schools, ami the employment of teachers In high schools receiving state aid. Authorizing the directors of adjacent townships or school districts to purchase real estate and erect buildings for Joint high schools, ami to Issue bonds for said purpose; and providing for formation of high school boards \o control and manage said schools. Act No. 230, May 20, 1007. 1261*. South Carolina: Providing high schools for the state. Authorizing the establishment of high schools hy counties, townships, adjoining townshljw, or school districts, and Inmrixirated towns j>r cities of not more than 1.000 Inhabitants. I*rovlding for adoptive elections, boards of trustees. sj>eclai tux levies, and bond issues, for the rlnss! Ora- tion of high schools, and for state aid. Appropriating unmmlly $50,0U>. Act No. 245, p. 518. Feb. 19, 1907. P 1262. Tennessee: Amending sec. 9, chaV 2T>4, Acts, 1003, relative to county boards of education. Adding new subsection authorizing contracts with city* boards of edu- cation or with pHvate schools for the Instruction of high school pupils N - and payment of the tuition thereof. i ' Chap. 520, Apr. 15, 1907. 1268*. Utah: Amending Bee. 1881, Reviled Statute*, 1808, relative to the onion of school districts to form a high school district Constituting a MfintyTltstflct of the first Class a high school district, and endowing Its board of education with all powers and duties pro- vided for In sq^l£88; Revised Statutes, 1808. Chap. 51, Mar. 14, 1007 TECHNICAL AND INDUSTRIAL EDUCATION,. 245 1284». Vermont: Amending see. 5. act No. 37. Acta, 1004, relative to high school*. , * Defining and fixing autftrlty of Bujx-rlntemleiit of education regarding standards for high schools and qualifications for pupils. Decision of final. See. 2, act No. 50, hoc. IP. 19oG. (Apr, 1, 11)07,) 12ftT>. Vermont: Revising and continuing in fore** the act of Nov. (i, is<»5; act No, r*,t. Acts. 1N24 : net No. |m, Arts, 1S.T0; net No. Kit!, Acts. 1X52. relative to t lit* Essex County grammar school at thifldbull. IYo\ Idlng for the establishment, revlrnl, and management of the * school. *o Act No. 340, Dec. i2. 1900. D 1201!. Vermont (WOO) : Under Acts, UMV4, net No. 37, p. 01, roqJTrlnc towns % to establish ami maintain a high school or ftmtish higher instruction for advanced pupils, ami authorizing the Nurd of hcIkk> 1 directors to provide for the Instruction of advanced pupils hi a high seluxd or w-lustls of the town. In the high, school of an liimrimrated school district or academy within the town, or hi the high schools or academies of other towns the be coniisdUsl hv mandHums to select^nnother mode In Its place.— Sampson r. Town of (irund Isle 03 A l8n; 7 s vt., 383. 4 * 1268. West Virginia: Amending nnd reenacting secs. 1. 3. 4. and 7,*chap. 31, Acts, 1905, ‘ relative (o the establishment of a high aclnml in Tyler ('aunty. Chap. 23, Keb. 22, 1907. 1269, Wisconsin: Creating sec. 490n. Statutes, 1898. relative to the i»wers of , electors of school districts. Authorising vote to discontinue free high school orgnniTJition. Pro- cedure. ('hap. 5SS (hi jeirt), July 12, 1907. D 1270. Wisconsin (1908) : I^iws, 1901, p. 234, chap. 188, as amended hy Uws, liKa * p. i»2>, chap. 329. authorizing | ter sons of school ngetfco mnv reside ' 11 H,1 J <«* Incorporated village not within a free hlgfi scbooldlstrict to attend a free high school, and making the municipality or part of the nmnicl|iallty having no high school In which such |>ersons reside liable for high school tuition at a Bfwcltted rate, is n valid exorcist- of legisla- tive jMiwor. City of C4)liiu)hns r. Town of Kotin tain Prairie, 115 N. ) 1271. Wyoming: Amending In a minor manner nnd reenacting secri. 2 9 10, 13, ami 20, clmp. (17, Ijiwr, 1905, relative to <*nuuty high school districts. ^ ('hap. 57, Kel). 10, 1007. 1272. Wyoming: Providing for extending the territory of high school districts provided for In chap. <17. Ijiws, 1905. Providing for hioonsmitlug therein school districts within the same county. ('hap. r>S, Keb. 16, 1907. 0, TECHNICAL AND INDUSTRIAL EDUCATION — ELEMENTARY AND SECONDARY. The vocational and industrial trend of public education fihds no better evidence than in the enactments of this group, which group it was found desirable to create in order that due prominence might be S46 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-& given to the latest legislative efforts to further the development of elementary and secondary technical training. Practically all of these enactments are worthy of special mention; that of Connecticut (1274), that of Georgia (1277), that'of Michigan (1281), that of Mississippi (1282), that of New York (1287), that of Oklahoma (1291), und that of Wisconsin (1295), however, may be selected as representing efforts of various sorts. The establishment of a commission on industrial education in New Jersey (1284) and also in Maryland (127 ^Tt^ 1 lowing the example of Massachusetts several years ago, is an event m the future develop- ment of industrial and technical education in that State. £ 1273. Alabama: Amending sec. 12, act No. 988, p. 1S2, Laws, 1001, granting a new charter to the Alabama (lirls industrial School amt conferring ad- ditional powers upon the board of trustees. Modifying appointment of free students. Providing for condemnation proceedings to secure land. Making trustees* Ineligible for election to any office by board of trustee*. - Act No. 042, p. 579, Aug. 6, 1907. Secs. 1913, 1924, and 102S, ('ode, 1907. 1274. Connecticut: Concerning the establishment of free public schools for Instruction in the principles and practice of trades. 44 Section 1. Any town or school district may, by vote of such town or district, establish and maintain a free public school for instruction in the principles and practice of such distinct trades ns may, with the approval of the state hoard of education, be designated by the board of school visitors, town school committee, or board of education of such town, or the district eoiNtnlttec of such district. Such school shall be open, under such rules as nuiy be prescribed by said school officers, to all residents of this state: hut no child under sixteen years of age shall be admitted to uuy such school who lias not completed the studies of the eighth grade In the public schools of the town in which said school Is located, or an equivalent course of study approved by said school officers. Said school officers shall make rules and regulations with reference to the management of said school not Inconsistent with the provisions of this act. The instructors in any such schools shall be cxiaTts In the trades reflectively taught by them. 44 Sec. 2, Two or more towns may. by vote of each of said towns, unite for the pur|H>se of forming a trade school district and establishing schools under the provisions of tills act, and the school officers of the towns so united may make all arrangements, agreements, and regulations neces- sary to the organization and maintenance of such trade school district. The said school officers of each of the towns constituting such district shall appoint one of their number to be a member of the tmde school committee of such district, and the committee so appointed shall he a JolfTt committee on behalf of the several towns constituting the district. Each town .shall be entitled to one vote in said committee. Every district organized under the provisions of this section shall continue for at least five years, but at the end of said period of five years any town may dis- solve said district by withdrawal therefrom, by vote of such town ; pro- vided, that notice of the Intention to so withdraw shall be given In writ- ing to each of the other towns' comprising said district at least three months before the termination of said period. “ Sec. 8L The buildings, equipment, and courses of study, and the quali- fications of the teachers of every trade school established as hereinbefore provided shall be subject to the approval of the state board of* education ; and the attendance at each such school, together with special reports upon the specific work done and the actual results of Instruction therein shall be annually certified under oath on or before the first Monday in < July ~hy the secretary of the board of school visitors, town school com- mltfcee, * board education, lr n t ■ W ■aW'icri avv T-v -r district committee, or trade school' district committee, as the qase may be, to Bald state board of education ; and no payments shall be made by the state on account of such school, as here- inafter provided, unless said certificate has been filed with and approved by said state board of education, and unless application for state aid for said school bas been mude to the board of control by said secretary aud approved by said board of control. f * ” Sec. 4. Tbe board of education or board of school visitors of any town, or the committee of any town, school district, or trade school district wherein a trade school lias been established under the pro- visions of this act shall, annually, on the first Monday in July, certify to the comptroller the u mount extended within said school year for the maintenance and support of said school and the comptroller shull, m>on appl lent ion of the state board of education, draw his orders on the treasurer in favor of said board of education, board of school visitors, or committee for a sum equivalent to oue-lialf tbe amount so certified «h hu ving4been extended for such sup]>ort aud mnlnteuauce; provided, that the amount so paid by the state under the proving ops of this section shall not. in any oue year, exceed, in tbe aggregate, fifty thousand dollars: and provided, further, that said sum shall be exitendod toward tin* supiM>rt and maintcnauce of not more than two such schools, and. If n ppllcatiou is made in behalf of more than two such schools, the board of control shall designate the two such schools for the Rapport and maln- teunnee of which such payments shall be made.”' 1275. Florida: Sec enactment A'o. ^ 61 . 127<1. Georgia: Recommending appropriations by Congress for industrial In- struction. -Whereas, Several bills have been introduced’^ Congress which pur- pose to furnish menus of enlarging existing high schools devoted to, Instruction in agriculture and other industrial subject**, it Is hereby: -Resolved by the Senate, the House of Uepresentntives concurring, that we respectfully urge \i\xm Congress the wisdon of thus extending to the many the class of industrial Instruction so well supplied to the feW In our State College of Agriculture and Mechanic Arts, as founded by Congress through the land grant act of lSt>2. " Resolved, further, that such legislation be passed that will establish such schools of secondary grade In agriculture, the mechanical trades ami Industries and home making suited to nil country aud city youth, and that there be provided for agricultural high schools farms such as these in Georgia, means with which to carry on such agricultural investigations as the local conditions may require: Resolved further. That a eopy of them* resolutions lx> transmitted by the secretary of state of Georgia to the President of the United States, and to our Senators and Uepresentathes in Congress, to the entl that they may encourage the Vassage of this measure knowu as the Davis bill (II. R. 24575) Introduced at tbe close of the fifty-ninth Congress, enllthHl: |\ hill to provide an annual appropriation for Industrial edu- cation In agricultural high schools ami in city high schools and for branch agricultural experiment stations, and regulating the expenditure thereof,* ” . - 2n. Georgia: Providing for the establishment and maintenance of schools of agriculture uud mechanic arts In the resistive congressional districts of the State. , “Section 1 . Be It enacted, * * * That the governor Is hereby authorized to establish and cause to be maintained in each congressional district of the State an industrial and agricultural school lu accord- ance With further provisions of this act Said schools shull be brandies of the State College of Agriculture, a department of the University of Georgia. The general board of trustees of the University shall exercise such supervision as in their Judgment may be uecessary to secure unity of plan and etBclycy in said schools. " Chap. 250, July 30, 1907.- Con. Res. No. rt, p. 904, Aug. 22, 1007. 0 ERIC 4 V 7 sjf 248 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-B. ‘‘ Ssc. 2. Be it further enacted, That all fees received from inspection of fertilizers, oils, and all other tns|>ection feep received by^the depart- ment of agriculture in this State, after the present year, over the ex- penses of such lnsi>ectlon, and after auy i>orUou of said fund otherwise appropriated, shall be used us a fund for the purjKJBe of establishing and mafhtalnlng such shoola, and, as far as practicable, be equally divided between such schools, and the said governor Is authorized to pay to the trustees of said schools, from time to time, their respective i>ortlou8 of said fund. *' 8ec. 3. Be It further enacted. That the governor is authorized and directed to apjwlnt from each county In the respective congressional districts one trustee for the school to bo established in such districts; such trustee to hold office for the term of six yeura from his apiMdntuicnt and until his successor Is appointed, and that the trustees so selected iu 1 each district shall constitute u hoard of trustees for the school in said district, with power to control the management of wild school, and make * rules and regulations for the same, subject to the provisions of this act “ 8ec. 4. Be it further enacted, That the governor shall he authorized to receive from auy county, or any of the citizens thertH»f, a donation of a tract of land lu such county, not less that two hundred acres, on which to locate a school for the district lu which such county Is situated, to- gether with auy additional donation In the way of buildings or money; and If there are two or more offers of such donations, the governor, with the aid of the trustees of such school, shall select which to accept, taking Into consideration the title, value, the eentralness of location, * accessibility aud suitableness In any resi>ect for the purpose Intended, \ and upon the acceptance of any such donation, and the execution of proper deeds vesting title In the trustees, within a reasonable time, the Bchool for said district shall be established on the tract selected, with the right to select another locality should such deeds not be made to the satisfaction of the governor. And If no such donation Is made or • perfected in auy district within one year from passage of this net the pro rata share of the fund going to said district shall go Into and be prorated iu the regular common school fund In said district. * Sec, 5. Be It further enacted. That the principal of said f bools shall, under thedlrectlou of the trustees, keep an account of all receipts from the sale of the products of the farm or shops which are not con- sumed In said school, aud one-half of said receipts for each year shall be set aside as & fund to jmy the students. That each pupil, having per- formed to the satisfaction of the principal his duties for un entire school year, shall receive his pro rata of said fund, the amount going to each pupil not to exceed one hundred dollars, and the balance, if any, to be replaced In the general fund of the school. “ Sec. Be It further enacted, That the course of studies in said schools shtjll be confined to tl$e elementary branches of an English edu- cation, the practical treatises or lectures on agriculture in all its branches, * and the mechanic arts, and such other studies ns will enable students - completing the course to enter the freshnmn class of the State College of Agriculture on certificate of the principal. ^ Sec. * 7. Be It x further enneted, That the faculty of such schools shall consist of the principal, who shall be an Intelligent farmer; one superin- tendent and Instructor In farm work, one Intelligent mechanic, who shall direct and instruct In all mechanical work In aud out of the shops; one practical Instructor In care of stock and dairying, one instructor lu English, and such other Instructors and assistants as the funds of the college may permit* That the trustees may dispense with and combine the duties of any of the above, as necessity may require, and It sliull be the duty of said instructors in said schools to cooi>ernte in conducting farmers* Institutes and farm and stock demonstrations lu the several counties of their respective districts. M 8»c. 8. Be it further enacted, That after the first buildings are erected, before the opening of such schools, which shall be only such as are absolutely necessary for temporary use, nil work on, In and about said schools, or on the farm, or on or tn the barns and shops connected with said schools, whether It be farming, building, care of stock, or work of whatever kind, shall be performed exclusively by the students of mid J — TECHNICAL AND INDU8TBIAL EDUCATION. 249 N schools, under such regulations for (lie proper dlvlfllon and alterations In such work as may be provided by the trustees. **Krc. 1 ). He It further enacted, That tuition in wild schools shall be free, and the trustees may limit the manlier of students, from time to time, according to the capacity mid men us of the Institution, and Bhall make such rules of admission so as to equalize, ns far as practicable, the privileges of the school muon*: the counties according to imputation. And the trustees may defer tlie actual owning of the school until such time as may he necessary to prepare reasonably pn>|»er facilities and equip- ment for beginning the same, in the meantime accumulating for said pur- pose the funds going to said school which may tie received from the rent of any jMirtion of the projierty. but It is made the duty of the trustees to o]H*n said sehooi, even tliongb It may have to lie done at first oil a limited s<«le. ns early as practicable, and afterwards extend its operations as cir- cumstances may i>ermit ; and the trust tvs are authorized to rent to the best advantage, from time to time, any |K>rtion,of the proi>erty of suld school not required for the purpose of said school. **Sfc. 10. He it further clinch'd. That all laws and parts of laws In contl let with this act be, and the same are, hereby reiieftled.” Act No. 448, p. 72, Aug. IS, 1900. 1278. Maryland: Authorising the governor to apjxdnt a commission on Indus- trial education. Five members. Iteport to next legislature. Appropriating $300. Chap. 307. p. 20S, Apr. 0. 190.8. 1279. Massachusetts: Providing for an Inquiry by the conunissloa on Indus* trial eduent loll Into the organization and methods of the textile nchools of the Commonwealth. ' Resolves, chap. 04, Apr. 24. 1907. 1280. Massachusetts: Relative to the commission on Industrial education. (Amending chap. oo.*>. Acts, ltXKi.) Kx tend lug term of commission from three years to five years. Provid- ing for the appointment of a woman as an additional member. S|»eolfy- Ing further the jHiwerw of the commission with reference to lndei>endent Industrial schools. ** Skc. 4. Any resident of Massachusetts may, with the approval of the commission on Industrial education, attend an Independent Industrial school, as provided for in this act. located in any city or town other than th:;t in which he resides, provided there is no such school supi>orted In whole or in part by the city or town in which he resides, upon payment by the city or town of his residence of such tuition fee ns may be fixed by said commission; and the commonwealth shall repay to any city or town one half of all such payments. If any city or town ’neglects or refuses to jmy for such tuition It shall he liable therefor, In an notion of . con t met, to the legally constituted authorities of the school which thq pupil attended under the approval of said commission." Chap, 672, June 2, 1908. 1281*. Michigan: Providing for the establishment of free county schools of agriculture, mnuual training, nnd domestic ocouomy. ” Skction 1. The board of super visors of nny county is hereby author- ized to appropriate money for the organization, equipment and main- tenance of a county school of agriculture and domestic economy. The Ixmrd of supervisors of two or more counties may unite In establishing such a school, nnd may appropriate money for Its organization, equip- ment nnd maintenance: Pforidcd, That whenever the board of super- visors of the county shall by a two-t birds vote of all members elect, resolve to contract Indebtedness or issue bonds to raise money for the organization, equipment and maintenance of such school, the question shall be submitted to the vote of the electors of the county. at a general or special election to be called for that purpose. Notice of the submis- sion of such resolution to the vote of the electors and in case a special election Is called, notice of the calling of such special election shall be 260 STATE SCHOOL 8Y8TBM8 : LEGISLATION, ETC., 190&-8. given In the same mauner and for the same length of time ns Is now prescribed by law for general elections. If a majority of the electors of each cpuuty, voting oil such resolution, shull vote in favor thereof, It shall be deemed to have carried. The returns of the election herein provided for shall be canvassed and the results declared In the same manner und ^ by same offlcer^as is provided by general law for eaiivusHiug the returns of and declaring the results in city, county nml district elections, The manner of stating the question uinm the* ballots shall be proscribed by the resolution of the board of suiter visors. *• Sec. 2. A Ixmrd to be known as the county school board Is hereby created, which shall have charge and control of nil matters pertaining to the organization, equipment and maintenance of such schools, except us otherwise pros' idod Vy law*. Said board shall consist of the members, one of whom shall be the county commissioner of schools of the county or district in which tin* school is knitted. The other members of the board shall be elected by the board of su|K*r\isors, one for one year, one for tw*> years, one for three years and one for four years, ami thereafter oue member of the board shall be elected annually for the full term of four years from the date of the expiration of the term almut to luvonie vacant, but nu meuilter of the board of supervisors shall be eligible. Vacancies existing in the boat'd from whatever enuse, except in the east* of the county commissioner, shall he filled by appointment made by the chairman of the board of siqK*r\ isors, If tin* board of supervisors Is not lu session when such vncnnrv occurs. If the board of sit] **r visors Is In se.“ sion, vacancies shall be tilled by election by said board for the unexpired term. Appointments made by the ehairnmn of tin* board of supervisory as hereinbefore specified, shall be for the period of time until the next regular meeting of the board of sajK-rvlsors. Knob person appointed or created a member of the county school hoard shall, within ten days after the notice of such npinfintmeut. take and subscribe an oath, to support the Constitution of the United States and the constitution of M icings n, and honestly, faithfully and Impartially to discharge bis duties as a member of said board to the best of bis ability, which ^uh shall be tiled In the officeof the county clerk, IloVlnill also, within ting sniue time, files bond In such sum as may be fixtnl by the board of sni*orvisors. which bond shall be filed in the office of the county clerk. Within lift ecu days, after the api>olntinent of said board, the members thereof. shall meet and organize by electing one of their number as president, the count} eom- mlssioner of schools sliull lie ex ottlclo sixTctary of tin* said boa nl, I be board hereafter created shall prescribe the duties of the several officers * except as fixed by law. . „ . . . “Sec, 3. Whenever two or more counties unite In establishing sueii a school, the provisions of section two of tills net slut 11 apply to tin* organi- zation of the county school board, and to tilling vacancies therein: Pro- vided, That the county commissioner of the county in which the school is located shall Ik* a member of tbe board and ex olflelo Us secretary: and two memlxtrs shall also be elected from each county by the board of supervisors thereof, one for one year and mte for two years, and there- . after one member of the board shall he elected annually In eaeli county for tbe full term of two years, but no member of the county board of supervisors shall be eligible. * “Sec. 4. Whenever two or mor? counties shall unite In establishing and maintaining a school under the provisions of this art. the county school board herein provided shall, on or before the first day of Octolier In each year, determine the amount of money necessary for the equipment and maintenance of said school for the ensuing year, which wild amount they shall apimrtlon among the counties' In proportion to the assessed valuation of each county ns last fixed by tbe state board of equalization and shall report their estimate mid apiuirtiomnent to the county clerk of fetch county, who shall lay said report before the hoard of super- visors at It b annual meeting. The amount so npiw>rtionod to euch county shall be levied by the bonrd of su]>ervl»or8 of stick county, as a portion of the county tax for the ensuing year, for the support of the Bald school. * , “Sbo. 5. The county treasurer of the county In which said school 1 b located shall tie ex officio treasurer of said board , all moneys appropri- ated and expended under the provisions of this act shall be expended by TBCHmCAL AND INDUSTRIAL EDUCATION, 251 the county Bchool board and shall be paid by the said county treasurer ou orders Issued by said board or in counties having u board of county auditors, by such auditors, and ull moneys received by said board shall be paid to the said county treasurer for the fund of the county school board. ** Sec. 0. In the county sc hoots of agriculture und domestic economy organized under the provisions of this act, instruction shall be given In the elements of agriculture including instruction concerning the soil, the plaut life, und the animal life of the farm ; a system of farm accounts shall also be taught; instructions shall also 1>e given In manual training and domestic^eeonomy and such other related subjects as may Ih> prescribed. " Sec. 7. Eacli such school shall have connected with It a tract of land suitable for punmses of ex fieri men t and demonstration, of not less than ton acres in area. " Sec. «. The schools organized under the provisions of this act shall bo free to the inhabitants of the county or counties contributing to their HUpi>nrt. who shall tm qualified t<» pursue the course of study ns'pre- scrlbod by the school hoard. Whenever students of advanced age de- sire admission to the school during the winter months in sufficient jutm- her to warrant the organization of H]iecinl classes for tlielr instruction, such classes shall be organized and continued for such time as their *n t tendance may make necessary. " b. The state superintendent of public Instruction shall give such information anil assistance and establish such nquhvimMits as may whmu necessary for the proi>or organization and maintona uce of such schools, and. wkth the advice of the president of the Michigan State Agricultural, College, determine the qualifications required of teachers employ (si in such schools: That no person shall be eligible to a Ignition ns siq>erlntendent of any schotf estahlisbed under this act, who Is not a graduate of a state college of* agriculture. The state superin- tendent of .public Instruct ion sha 11 ha ve the genera 1 sujier vision of all schools established under this act; shall from time to time imqiect the wime, make such recommendations relating to tlielr management os he may deem necessary, and tnaka such reimrt thereon to said schools ds ^lmll give full Information e, Apr. 14, 1908. 1285. New Jersey: Amending sec. 203, chap. 1, I^iws, 10014 (sfl. sees., Oct. 15), relative to appropriations for the manual training and Industrial school for colored youth. Increasing annual amount due under provisions of the supplement to the act of Congress, Aug. 13, 18U0, from $5,000 to $12,000. Chap. 120, May 7, 1907, 252 STATE SCHOOL. 8Y6TEM6: LEGISLATION, E?TC., *^906-8. .1286. New Jersey: Relating to schools for Industrial education In cities of the second class. * * Authorizing the trustees of the school for industrial education In any such city, with the consent of the govern lug body of the city, to erect suitable buildings for mi iudustrlnl h-IiooI ; providing the cos! of the land and buildings shn 1 1 not cxrtHML $50,000 : authorizing the issuance of bonds therefor. rimj.. 222, May 27, 1 !h»7. . 1287*. New York: Amending secs. 25-2X, art. 10, tit. IT., consolidated school law tchaj). 550, leaves, 1HIM), by providing for tlu* establishment ami main- ten a nee of general Industrial ami trade schools in cities ami in union fnv school districts, and making an appropriation tlieref^L. * * skc. 2 h. (Irm rul induxtriut and (rath' xcnhnls map be ratals Hahed. 1. 'Pile board of (fluent ion of any city, and in a city not having n hoard of edueatlnn the officer having t lie management and su|tervlslou of the public school system, limy establish, acquire, conduct ami main- tain. as a part of tin* public school system of such city general Industrial schools oi»en to pit 1 1 i 1 h who have completed I lie elementary school course or who have attaint'd tlie age of 11 years, ami trade schools o(kmi to pupils who have attained the age of 10 years ami have completed <4ther the elementary school course or a course in the above mentioned general Iudustrlnl school or who have met such other n*qulrcmeiitH as the local school authorities may have prescribed. , “ 2. The hoard of education of any union fn*e school district shall also establish, acquire mul maintain such* schools for like In rinses whenever such schools shall be authorized by a district meeting. ** Skc. 2. Section 25a Is hereby added fo article lit. title lb. of the con- solidated school law and to read as follows: ** Sec. 25n. 1. A p point in rut advisor}/ hoard, The hoard of edu- cation In n city and the officer having the management and supervision of the public school system hi n city not having a hoard of education shall appoint an advisory hoard of live memhers represent lug the local trades n ml Industries. In the first Instance two of such memhers shall he appointed for a tyrm of out* year and three of such members shall he v npiKilnted for a term of two years. -Thereafter as the terms uf sueh members shall expire Iho vacancies caused thereby shall he tilled for a full term of two years. Any other vacancy occurring on such hoard shall be tilled by the np|M>lntlng power nametl In this section for the remaimlei; of the unexplred term. * 4 2. It shall he the duty of such advisory board to counsel with and ad vim* the hoard of education or the officer having the management and supervision of the public school system In a city not having a hoard of education In relation to the ltowers and duties vested In such hoard or officer by flection 20 of tills act. “ Skc. T Section 2d of article 1<1 of title 15 of the consolidated school lavv Is hereby untended to read us follows: " Sec. 20. Authority of thr board uf rd it ration orrr such srhonta. The board of education In a city and the officer having the maimgenient mid supervision of the public school system In a city not having a hoard of education nml the board of education In* n union fret' school district which authorizes 1 he establishment of a geuAml Industrial or a trade school Is vested with the same |K>wer ami authority over the mnnugenieiit, su|ier- vlslon mid control of such school and the teachers or instructors em- ployed therein hh sueh board or officer now has over the schools and teachers under ttielr charge. Such Iwards of education or sOcli officer shall also have full power and authority: *• 1. To employ comjtetent teachers or Instructors. ^ ** 2. To provide pro(>er courses of study. **3. To purchase or acquire sites and grounds and to purchase, ftcqnlre. * ’ lease or construct nml to repair suitable idiops or buildings and to prop- erly equip the same. “4^To purctinee necessary machinery, tools, npimratus and supplies. ‘'Skc. 4. Section 27 of article 10 of title 15 of the consolidated school law Is hereby amended to read as follows : » TECHNICAL AND INDU8TBIAJL . EDUCATION. 253 “ Sec. 27. State aid for general industrial and trade schools. The com- missioner of education lit the nun mil apportionment of the state school moneys shall npi tort lou therefrom to each city and union free scITool dis- trict the sum of $500 for each lnile|>eiuleiitly organized general Industrial or trade school maintained therein for 40 tvwkw during the scliool year and employing one teacher whose work Is devoted exclusively to such school, and having an enrolment of at least l!5 pupils nnd 4 maintaining a course of study approved by him. lie slmll also make an additional apportionment to each city and union free school district of $200 for each additional teacher employed exclusively In such srlnmls for 40 weeks during the school year. All such moneys apportioned by the enuinils- sioncr of .education shall he used exclusively for the support and main- tenance of such schools in the city or district to which such moneys are apportioned. Hut the commissioner of education may In his discretion npiKirtlon to a district or city maintaining such schools or employing such teachers for a shorter time than 40 weeks, mi amount pro rata to the time such schools arc maintained or shell teachers, art* employed. Tills section shall not he construed to entitle manual training high schools or other secondary schools majiitaining nuunuil training depart- ments, to an apportionment of funds herein provided for. "Sir. 5. Section 2s is hereby added to article 10, title 15, of the con- solidated school law and to read as follows: ’’ Sue. 2S. Annual estimate tty haunt of edueatitm and appropriations hy municipal and school districts. 1. The hoard ttf education of each city or the officer having the management and supervision of the public school system In a city not having a hoard of education shall tile with the com- mon council of such city within 1 50 days after the rommencefiiont of the llscal year of such city a written Itemized estimate of the expenditures necessary for the maintenance of its general industrial and trade schools and the estimated amount which the city will receive from the state school myneys applicable to the support of such schools. The common council slmll give a public hearing to such t>ersons as wish to he heard in reference thereto. The common council shall adopt such estimate and after deducting therefrom the amount of state moneys applicable to the support of such schools shall Include the balance In the annual tax budget of such city. Such amount shall be levied, assessed and raised by tax upon the real and i*M‘Honal property liable to taxation In the city at the t line and In tile manner tlmt other tuxes for* school puri minch art* raised. Tim common council shall have i>ower by a two thirds vote to mince or reject any Item Included In such estimate. ** 1!. The board of education In a union free school district which mailt- t.-.lnsa general Industrial or truth* school shall include in its estimate of anticipated exiteuses pursuant to the provisions of sections 9 ami l.\of title S of tills net the amount that will he reymml to maintain sueli schools after applying toward tin* lanlutemmce thereof the amount ap- portioned therefor by tin* commissioner of «*dueutioin Such amount shall thereafter lie levied, assessed and raised by tax u)mmi tin* taxable prop- erty of the district at tin* time ami in the maimer t tint other taxes for school parvises are raised hi such district. ** S; . 0. /'offer# and duties of Commissioner of Hdueathm. Tlnvoom- nilssloner of education shall have general ,sii|>or vision of such** schools ; he shall prescribe regulations governing the licensing of the teachers employed therein; and he 1k, hereby authorized, empowered and directed to provide for the Inspection of such schools, to tijo* necessary action to make effectual the m-ovlshm* of tills act. ami to advise nml assist hoards of education In the several cities and school districts In the estab- lishment, organization and management of such solids. The sum of $7,000. or so much thereof us may he necessary. Is .hereby appropriated to the education department for the enforcement fat \Tt is act, and the con^niissioncr of (Hlncatlon Is hereby emiKiwered to create such jiosltions. to make such appointments and to flx the salary of employees ns may In* necessary for the purposes of this net for the period of one year. ' “Sec. 7. Tills not shall take effect Immediate! v." ' 1288. North Dakota: 8cc enactment t'lpip. 2IW, May IS. 1908. % w 264 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-$. 1289. North Dakota: 'Amending sec. 1092. Revised Codes, 1905, relative to the object of the North Dakota Academy of Science. * k Object of school to he " t ho training of skilled workmen in the prnc- I t leal phases of applied science." I Chap. 100 (In part). Mar. 19, 1907. | 1290. Ohio: 8cc enactment Xn. I 1291*. Oklahoma: Putting Into force sec. 7. art. 19. of the constitution re- ft pairing the teaching of tin* elements of agriculture, horticulture, stock | . feeding, and domestic science in tin* miumnu scliools; creating a harnuml- * , ouh system of agriculture and industrial education for Oklahoma; pro* vlding for the establishment of departments of agricultural instruction ■ In the state normal schools and for. tin* chair of agriculture fnr schools In the agricultural and mechanical college: and prodding for the establish* I tuent and mainttaianee'of agricultura Lsehonls of sivomlnry grade In eacli supreme court Judical district, with lira uch agricultural exin*rlment stations and short courses for fanners in connection (herewith. *• Section T That for file purpose of carrying out tin* requirements of the- state constitution relating Tj> the teaching of the elements of agri* eultnre. hurt icullu**e and stock feeding, ami domestic science in the com- mon schools of tin** State, tliere ffc liereHy^cU’a ted a state commission of agjioulturnl and Industrial education. consisting of the state suiKM'iu- tendent of public Instruction. who shall he chairman thereof; the president of the state hoard of agriculture, and (lie president of the agricultural and mechanical college, each of whom shall serve without additional pay. Said commission shall conform to the rulings of the state hoard of education, shall cooperate with alj state normal scliools, the agricultural and lmvhanicnl colleges, ami the state hoard of agri- culture, and Haiti hoards ami institutions are hereby required to cooperate with the state commission of agricultural-mid industrial education as far as practicable, mid without interfering with the more immediate duties of said boards and Institutions. ■, Said commission shall make a report in writing to the governed at least thirty days prior to tin* regular sessions of the legislature including the work done under its supervision and a complete account of all funds and their disbursements made ih pursuance of this act, together with such m'ommcmlntlons as may? by said board, Iks deemed advisable. ** Sec. 2. The elementary principles o^ agriculture, horticulture, animal > husbandry, stockfe«*dmg t forestry, building country roads, and domestic science, including thy elements of economics, shall lie ciiihraml in the branches taught in all the public schools of this static pvelvlng any part of their support from this state, and these branches shall be as thor- oughly studied and taught by observation, practical exercises, and the use of text, and reference books, ji ml In the same manner as an* other Mo required branches in wild public schools. "Sec. :i. The state superintendent of public Instruction shall Investi- gate and deterudne the character, extent and cost of coursos of instruc- tion In the branches provided for in this net. including mflnmil training adapted to the different school^ ; and through bulletins and public addresses give iufornmtkm to school boards and communities as to the courses and character of instruction which huve proved most satisfactory and best adapted to various schools. He Him 11 determine, and give Infor- mation ns to where the most thoroughly trnluod nml best equipped teachers of subjects named la this nCt may he found, and shnli formulate and recommend plans fpr the organization of traluing and normal schools for the preparatidil..of teachers of snkl subjects, lie shall, in all proper ways, seek to awaken nn active interest among teachers in the subjects required to be taughtin this act and shall, in nil propel} ways, awaken public sentiment to the importanee of teaching said subjects In the common schools and all public schools with elhelency and success, and shall make such Investigations as may be necessary for the proper performance of his duties as prescribe^ In this act* “ Sec. 4. All county superintendents of education shall tile a written report with the president of the state board of education annually at TECHNICAL AND^ INDUSTRIAL EDUCATION. 255 i such time ns the president of said board may require, concerning the cost, eharucter and extent of sue!) roar sen of liiBtrnctton in the branches provided to. ho taught in this net, in their resjiectlve counties, together with such reports on work done and suggestions In relation thereto ns the president of the state hoard of education may require. " r>. After July 1st. 11M)!). no jutsoii shall tench and no certificate .will he grunted tout) applicant to teach, In the public schools i ecelvlng Hjd from this state, who lias not passed a satisfactory examination in the elements of agriculture and allied brandies mentioned In this act. It shall he tin* duty of touchers in all schools riH/elving aid from the state to tile (piarterly, or at such times as the county si,[>eriiitendeiit may require, a written report from th6 county supeiintemUuiv of public Instruc- tion of their respective comities, la full detail, of any progress or work (lone hi the different branches required to be taught nailer the terms of tli is act. together with such recommendations as theWnmy deem advisable, and such other information as the comity suiierlnjhndent may require. Any teacher, whose duty It Is to instruct In branches required to be taught hv this act, who fails. or neglects to comply with the provisions of this ad,, shall ho 'discharged. *’ Si c. q. Tin* state normal schools, nnd like schools to be hereafter created, shall lend, specific assistance in carrying out the work of lust ruc- tion in the elements of agriculture and a I Jed branches named In this net, in tile smut; maimer as teachers are prepared for other required subjects and s I m II render such eooperat ion - and act ive supjiort through tlieir respect i s o presidents, olliecrs, ami teachers as will l»oHt contribute to the successful i nt rod net Ion mid support of a successful system of agricul- tural and industrial education for the schools (If the state. There shall he established in each of the state normal sclmols, located or to be here- after located, a department to he known as the department, of agricul- tural and Industrial education, with o professor in charge, which shall give such instruction in the regular course or courses, as may be deemed, necessary for tin* Instruction of teachers in the public schools of the state, Kor the purpose ofVstablislilng such departments there Is hereby appropriated out of. the treasury for the maintenance, support, and equip- ment of said departments the sum of two thousand five hundred dollars, or so much thereof as nmy he liiressiiry, for each of said departments established lmpncsuanco of this act hi the three existing gtymml schools. ” Sm‘. 7. The agricultural and mechanical college sliall betne technical head of ihe*Mgricult ury], Industrial, nnd ullhvl science system of education, and Its president, professors and employees shall lend such assistance in carrying out the objects, alms, and purposes of the state constitution requiring the teaching of ^agriculture and allied practical subject* ns shall not conflict with the immediate duties IncilriihenL °u them in said Institution. ” Sre. x. There Is hereby created the chair of agriculture for schools, who shall be a member of the faculty of the agricultural and mechanical eollego. whose duty- shall he to direct and advise In all quitters relating to the tcm‘liing;of agriculture and allied subjoctH In the common schools, under the supervision of the president of the agriculture and mechanical college, and lie shall be paid from the funds of the agricultural and mechanical college, lie Mini II visit the schools, the teachers’ Institutes, the Hummer normal scln»nlH,|pnd the state normal schools, ad’ ise with the teachers and ollleers concerned, nnd pla n such, means of coojierHtlon* In the Improvement of methods, appliances, the use of seeds, plants, and trees as nmy from tlme^to time be necessary, mid shall prepare, print and distribute such leaflet 8 and other literature as may be helpful to teachers and pupils concerned or cugHged in teaching Industrial, prac- tical, and scientific subjects bearing on technical and practical agriculture and Its allied branches. " Skc. 0. It shall be the duty of the agricultural and mechanical col- lie. under the, board of agriculture, (ex officio board of regents of agld Institution) to carry on all natural history surveys, soli surveys, mineral and forestry surveys thut are now provided for by the laws of tty; state, or thut umy hereafter be provided for, and It shall be the duty of said agricultural and mechanical college to cooperate with the National De- lia rtment of Agriculture In carrying out the surveys herein mentioned, and in the construction of cdhntry roads, and In all ways and by all T. J.Hi* i 1 ■ Myy flWk* 1 J'»' l WWSVWW *^3"^ !_"■' . »u ■ 1 BTATB SCHOOL BtiBTMS: LBGffilATIOH, ETC., 1905-8, means to'tapply the» schools and the people with agricultural, Industrial, and technical facts demanded by the spirit of this act 44 Sec. 10. Anystudent having completed theTegnlar four years 4 course of study of the agricultural and mechanical college and receiving a diploma from said college, shall be granted a penfianent teachers’ certifi- cate of first grade by the state su|>erlntendent of public Instruction; when application for such certificate has been duly made and approved by the state commission of agricultural and Industrial educntlon. " Sec. H. The state commissioners of agricultural and industrial edu- cation, with the assistance of such ex|>ertH in agricultural education as may be secured from the State and National Departments of Agriculture, shall have the authority and It shall be their duty to prepare n detailed course of study In the elements of agriculture and allied subjects, domes- tic science, apd economics adapted to the needs of Instruction In the elementary and secondary schools of the State. The commission shall prepare a syllabus of the course of study In each subject, In such detail and with such elaboration of the l>ody of knowledge to be considered as may be necessary for the organization and administration of the proper courses of Instruction in said branches. In preparing the courses of study required to be taught by this act, any of said subjects may be combined In one text-book so they will he adaptable to the various schools in which they are taught, at the^iame time, so 'far ns i*wsible. giving ^ practical educational values to eadksnbject. Upon the satisfactory com- pletion of said course of study, ns evidenced by n diploma or certificate signed by the county superintendent, pupils slmli 1 to admitted to the sub- freshman or higher class of the agricultural and mechanical college with- out further examination. It shalf he tlie duty of the president of the agricultural and mechanical college each year to send to each school in this State, where such branches ns required by this net are taught, a •catalogue, and tifxm application to furnish said sctnxils such other Infor- mation as may be desired relative to said college. Such catalogues anil other Information shall be kept In each school for reference. “Sec. 12. It shall be the duty of the state superintendent of public. Instruction to secure at least twice a year, a set of examination questions ’ In all the studies required for admission to the agricultural and mechan- ical college, and he shall send q printed list of same to each county superintendent, which ahull be used In examining candidates who mnv desire to enter said college. 44 8rc. 13. It shall be the duty of the county superintendent to give public notice of the examination prbvldetl for lit the preceding section at the time of all regular teachers 4 examinations, ami to submit such ipion- tlons to any candidate who may desire to enter the agricultural ami mechanical college. The exnntfnatlopa shall be conducted In the same manner ns are regulnr teachers’ examinations of the county. The work of each and every candidate, together with the name and address, shall • be forwarded by the state superintendent within ten days from the date ’ of the examination, arfd by him to the president of the college, who shall examine and grade the answers, and report to the candidate ns soon ns possible, after the receipt of the paper, the result of the examination. ^ An average grade of seventy jier cent in etudj branch will admit the can- didate to the agricultural and mechanical college without further exami- nation, , ^ ere be established In each of the supreme court Judi- cial districts n district agricultural school of secondary grade for Instruc- tion In agriculture and mechanics nnd allied branches, auil domestic sci- ence, and economics, with courses of Instruction leading to the ngrlcul- tnra! and mechanical college, and the state normals. At least two of said agricultural schools shall be located nnd established, beginning July nineteen hnndrett eight, and every two years 'thereafter, until one of said agrtctilroral schools shall have been provided for In each supreme court Judlcml district ; provided, that each of said agricultural schools shall be ^ e8S t*™ eighty acres of land without cost to the state and deeded In perpetuity to the state. The location, operation, and equln- •55?^ °* 88 ? agricultural schools shall be under the administration of the s tate co mmission of agricultural and Industrial education, subject to the approval of the board of agriculture. \ TECHNICAL AND INDUSTRIAL EDUCATION- m wm “ Sec. 15. There shall be an experimental farm, operated by each of said agricultural schools, on which careful trials shall be made of the beat fruits, vegetables, flowers, field and forage crops, fertilizers, and stock feeds for that section, as well as the systems of dairying, drainage. Irriga- tion «nd farm management that may be considered of practical value and adapted to the needs of the people In such supreme court judicial dis- tricts; provided that each district agricultural school shall make at least one rejxjrt annually to the governor of the State covering all work done. Its cost, the results, and the probable value of such experiments, which report shall be published for free distribution to farmers, fruit and vegetable growers and stockmen In the supreme court judicial district in which said school is located. ^ ‘‘Sec. Iff. There shall be held annually by each of said agricultural schoolB a farmers’ short course extending over at least one week and embracing practical and elementary scientific instruction in those branches of agriculture that may be deemed most Important In the supreme court Judicial district in which any such agricultural school is located at the time such course of Instruction is to be provided, Including a course in ^domestic economy, canning, preserving and cooking. There shall be no fees charged for attendance on these practical courses of instruction and no entrance examinations may be required ; provided, that all citizens of the white race over fifteen Years of age shall he entitled to admission to such courses. . # ‘‘ Sec. 17. No courses of Instruction shalfte offered in such agricultural schools other than Industrial courses, but this shall not exclude teaching the common school branches, the languages, manual training, manufac- ture, the sciences, and other necessary studies as subjects in th^industrlal con roes. “Sec. 18. There Is hereby appropriated out of the building fund of the state treasury for the purpose of erecting the necessary building or buildings, for the first two schoolB. the sum of twenty thousand dollars for each school and out of the state treasury for the maintenance and su pi tort of such school the sum of twelve thousand dollars for each school per annum for maintenance durKig the first year; provided, that one-fourth fff the sum herein appropriated for the support and mainte- nance of such schools shall be expended in developing agricultural experi- ment in field, ban^ orchard, shoits, and garden of practical value to students of the scli' 8twn of -17* T J ■ 1 l.» I 1 - - ■ -t * ? - ^ !r . r V^T^jfe^r.r,' .. ^rp[,\‘w^ '.wp^. j I./* 1 7 .i. i "V * ' "M* ” '"' — ' 1 ■ •■■ 1 '/ ■ ■ 858 ' stats school systems: lxgibiattok, wrc., 1908-8. “ 926 — 23. Such trade school or schools shall be under the supervision and control of the school boards of the respective cities or school districts In which they may be located. 14 926 — 24* The school board of every such city or school district is given full power and authority to establish, take over and maintain a trade school or schools, equip the same with proper machinery and tools, employ a competent instructor or instructors, and give practical instruc- tion in one or more of the common trades. Snch a trade school shall not be maintained, however, unless there be an average enrollment of at le&Bt thirty scholars. ' . M 926 — 26. Whenever any school board shall have established or taken /over an established trade school, such school board may prepare the f courses of study, employ instructors, purchase all machinery, tools and supplies, purchase or lease suitable grounds or buildings for the use of such school and exercise the same Authority over such school which It now has over the schools under Its charge. “926 — 20. Whenever any school board shall have established or taken over an already established trade school or schools It may appoint an advisory committee, to be known as the committee on trade schools, con- sisting of five, cltixenp, not members of the school board, each of whom is experienced in one or more of the tmdes to be taught in the school or schools, to assist In the administration of the trade school or schools located in that city, which committee shall be appointed by the presi- dent of such school hoard with the approval of a majority of the board. Such committee shall have authority, subject to the approval and ratifi- cation of the school board, to prepare courses of study, employ or dis- miss instructors, purchase machinery, tools and supplies, and purchase or rent suitable grounds or bulldhigs for the use of such trade schools. * When any swi* committee on trade schools is appointed two of its orig- inal inembers shall be appointed for the term of one year, another two for the term of two years, and the fifth member for a term of three years, and thereafter, each member,of said committee shall he Appointed for the term of two year,§. In case of any vacancy dnnhag the term of any member of said committee, said school board shall ml such vacancy by appointment for such unexpired term. “ 926 — 27. Students attending any such frnde school may be lequlrctl to pay for all material consumed by them in their work in atteh school at cost prlceB or In lieu thereof the school board may establish a £Xed sum to he paid by each student in each course which sum shall be Bumclent to cover, as nearly as may be, the eoBt of the material to be consumed in such course; any manufactured articles made in such school mAy be disposed of at the discretion of the school board, and the proceeds shall be paid Into the trade school fund. “926- i ~28, Whenever any such sehookboard shall have decided to estab- lish a trade schoo^or schools, or to take over one already established, under the provisions of this act, a tax, not exceeding one half of one mill on the total assessed valuation of such city shall be levied, uikuj the requi- sition of the school board, as other School taxes are levied In such city; the fund derived from snch taxation shall be known as the trade school fund, shall be. used In establishing and maintaining a trade school or trade schools in such city, shall not be diverted or uhod for any other purpose whatsoever, and may be disposed of and disbursed by the school board of such city In the ctame manner and pursuant to the same regula- tions governing the disposition and disbursement of regular school funds by such boards, ‘*926 — 29. Any school board desiring to avail itself of the provisions of this act, may, before the trade school fund herein provided for becomes available, establish, take over, equip and maintain a trade school or schools out of the regular school funds which may he at the disposal of such school board, provided, however, that all moneys used for thesh, pur- poses obt of the regular school funds «ha 11 be refunded within three years from the trade school fund. 41 926 — 30. 1. When the school board of any city of the second, third or fourth class, or the school board of any school district having within „ its limits such a city, shall determine to establish, tale over, conduct or maintain such trade school, it shall publish notice of its inteatkm so to do with a copy of the resolution or order, expressing gucfc determination ■ ,-Vi ^ ^ TECHNICAL, AND nffDU8TBIAL EDUCATION. 259 once each week for four successive weeks in a newspaper published in Raid school district and shall take no further steps in said matter until the expiration of thirty days from the date of the first publication. “2. If within such thirty dnys there shall be filed with the clerk of such city a |>et itiou signed by a number of electors of the school district equal to twenty i>cr etui turn of the number of votes cast in said city at the last municipal election prnying that the question df the establishment, taking over, conduct and maintenance of such trade school shall be sub- mitted to the vote of the electors of such school district, the city clerk shall at the earliest opportunity lay such petition before. the common council The common council shall thereupon at Its next regular meeting by resolution or ordinance direct the city clerk to call a special election for the pur|>o&e of submitting such question to the electors of such city and school district. '*3. Such election shnll be noticed and conducted and canvassed in ac- cordance with the provisions of section 943, statutes of 1898. All electors within the territory constituting such school district, qualified to vote at any election portaging to school district matters shall be entitled to vote “4. If any ot<l school districts shnll be beyond the limits of such city, the city clerk shall Immediately upon the passage of the resolution or ordinance by the city council ordering such election, transmit a copy thereof to the clerk of the town or towns of which such territory is con- stituted. The clerk or clerks of said towns shall thereupon cause' a notice of such election m be given nnd such election to be held and canvassed as provided hi section 943. “ 5. If a majority of the ballots cast in such school district shall be in favor of the establishment, taking over, conducting and maintenance of such trnde school, then such board shall proceed as heretofore provided to establish. tnke over, conduct and maintain Rich trnde school. But if a majority shall vote against such proposition to establish, take over, con- duct and maintain a trade* school, the board shall take no further steps towards such end. 1 o. ir no petition to submit such proposition to establish, take over or maintain a trade school to the vote of the electors shall l>e filed with the city clerk within thirty days after the first publication of the notice 6f the determination of the school board to take such action, then such school board , may proceed ns hereinbefore provided without submitting such proposition to the electors of the district" Chap. 122. May 22. 1907. 1294. Wisconsin: Creating sec. 490m of the Statutes, relating to the establish- ment of technical schools and ro liefer a by cities. Cities may establish technical schools: referendum. v Olinp. 344, June 24, ,1907. 1205. Wisconsin: Amending see. 10. chap. 288. I.nws. 1901, ns amended by cbni). 1 4.1. Ijiwh, 11)03 (see. 553 1. sinlntee). relative to tbe number of \ comity schools of agriculture nml domestic economy. Increasing tbo mnslmum number of schools to be established from four to eight. 1200. Wisconsin : Creating secs. 302m to 3021. Inclusive. Statutes, 1898, relatlV, to the establishment of a state mining trade ^school and making ai Appropriation therefor. „ t I ^? v A d "n, fo r t! f Wisconsin mining trade school at I lntte\ille, to tench tbe science, nrt, and practice of mining and th< application of machinery thereto, said school to be under the control and management of n boprd of three member®, known a» the Wisconsin mining school board. Providing for the appointment of members, term SI!lES^«l 0 ^ 0rg J nlKatl0 ^ ^ rocwinre * powers, and duties of the board Presetting IlfrMches to be taught. Requiring consultation with dean PrAhJmfin ‘ University of Wisconsin ns to course of study, A^pJtettiw^oow 8 ^ 8tato a “ d contract,on of debt by coUw Chap. 578, July U, 1907. V" 7 7 . \r, S-T -v ^irj-y^-r »r;.-\ -mi-.” «»■> -rr— — — ; — ; 260 6TATB BOHPOL 8Y8TBM8 ^LEGISLATION, BTC., 1S06-8. P. HIGHER EDUCATIONAL INSTITUTIONS. * (a) General. 1207. Florida: Providing for the erection of n statue of Kdniund Kirby Smith In the national Statuary Hall In Washington ami providing for u emu- mission. , (Formerly chancellor of the University of Nashville ami jrfbfesaor of mathematics In the University of the irouth.) Chap. 5714 (act No. 110), May ^0, 1907. D 1298. Illinois (1908)‘: A student supporting himself entirely by his own efforts, uot subject to parental control, and who regards the place where the college is situated as his home, even though he may at apme future -time intend to remove, is entitled to vote. — Welch t\ Shumwny, 83 N. E„ 549 : 232 111.. 54. ' A student is presumed not to have the right to vote, and. If he at- tempts to do so, the burden Is on him to prove liis residence. — I bid. The fact that a student has borrowed money from his parents to help , him through college weakens his claim to a residence in a college town, unless it be shown to be a purely business propositlou^between himself and his parents, — Ibid. D 1299. Michigan (1908): A university athletic association representing the students and its officers, In building a stand for a football game on the athletic field belonging to the university, does not represent tin* mil versity board of regents so as to make such board, rather than the association and its officers, the proper party defendant in an action for Injury to a si>ectntor at the game from collapse of the stand, though the graduate director of the association, who. by its constitution. Is n member, of its finance committee, and who also exe^lses such powers and per- forms such duties as its board of control may determine and require, is . . paid for his services as adviser of the association's athletic lndlcy by the regents, and his position of graduate director is dependent on his en- gagement-with the regents, and though he applied to the committee on . buildings and grounds for permission to build the stand and received the permission from it; the stand and all other structures on the field being paid for out of the funds of the association, which receives and disburses Its money without control by tbe regents, except that they require fr proper auditing of accounts. — Scott r. University of Michigan Athletic Association et al. t 110 N. W., 024. 1900. Oklahoma: See enactment S o. 4*1. 1901. Virginia: Bee enactment So, 52. West Virginia: Amending and reenacting sec. 57, chap. 29, Code, 1903, &Sx amended and reenacted by chap. 35, Acts, 1905, relating to projierty . exempt from taxation. Exempting one-half acre of land, and buildings used Uy college or university society for literary hall, dormitory, or club room, when not leaned for profit Chap. 75, F<$>- 20, 1907. (b) Finance; Lands; Support The leading characteristic of the legislation relating to the general financial policy of the States toward their higher educational institu- tions is clearly one of increased liberality. The proposed amendment'. HIGHER EDUCATIONAL INSTITUTIONS. 261 ' to the constitution of Florida (1307) ; the increased millage for the University of Michigan (1320); the increased appropriation for the University of Oregon (1341) are representative, mile not classi- fied here, the general appropriation acts of nearly all of the States bear out this conclusion of continued generositv toward the higher educational interests. 1303. Alabama: Providing for the payment of deferred interest on land fund for the Alabama Girls* Industrial School. Act No. 159, i'. 23T>, Feb. 28, 1907. < See. 1932, Code, ll07.) I.'UW. Arizona: Amending tit. Go, Revised Statute**, 1901, relative to school hinds. Amending so as to |>erniit and authorize the board of education of the Tempe Normal School to take ttoHResalon and control of n certain section of school land. Chap. 52. Mar. 18. 1907. 1305. Colorado: Transferring 10 per cent of the proceeds of the principal of the land fund beloiiging to the State Agricultural College to the credit of the college fund, and authorizing the expenditure X the Rtate board of agriculture of the said 10 jkt cent for the purchase of lands for sites or ex|>erimental farms In connection with the State Agricultural College. Clinp. 221. Apr. 3. 1907. ]3()G. Delaware: Providing for the purchase of n farm for experimental pur* lK>ses in the Interest of agriculture. Authorizing the issuance of bondB to the amount of $20,000; also creat- ing n special commission. , I uup. ,/v, .uni. ^17, 1307. Florida: Proposing an amendment to art. 12 of the state constitution, 1885, relative to education, by adding sec. 10, providing for the levy of a special tax for the support nnd maintenance of the University of the State of Florida, the Florida Female College, the institute for the blind, deaf, nhd dumb, nnd the colored normal school. Requiring special state levy of 1 mill. ' Jt- Rea-XQ- 2. p. 768, June 3, 1007. 1308. Florida: Making appropriation for the eonstfifoUon and #>palr of build- ings, laying nuf nnd maintenance of grounds, nml for the support and nmlntemqice of 'state institdtlons of higher ediktfithm created and r0qUfrt * 1 ?° t> ifl ,.i f lii ■ m 262 8TATB BO&Obli 8YBTRM8: OIStATION, BTC., 1006-8- : utam U 1810. Idaho: Amen^f^ sec. 2, p. 419, La^ 1905, creating and ‘establishing tbe scientific school fund, providing tl^^noneys received into the state treasury from certain sources shall he placed in und constitute such fund,* and appropriating all of the moneys credited thereto during the years 1905 and 1906 for the support and maintenance of the college or ‘depart- ment of arts of the University of Idaho. Making perpetual tbe oj>erritIon of said act after first Monday of January, 1907. K. K. 27, p. 26, Feb. 19.4907. 1311. Idaho: Amending sec, 2, p. 420, Laws, 1905. creating and establishing the agricultural-college fund, providing that moneys received Into the state treasury from certain sources shall he pluced in and constitute such fund, and appropriating nil of the moneys credited thereto during the years . 1905 and 1906 for the »upi>ort ami maintenance of the college or detmrt- ment of arts bf the University of Idaho. Extending time of nitration of act for two years,, or until first Monday of January. 1909. S. It. No. 2N, p. 27, Feb. 19, 1**07. 1812. Idaho: Providing for the Issuance and sale of state bonds for the Uni- versity of Idaho. Authorizing Issuance of $50,000 bonds for rebuilding ami equipment. Providing fund by annual tax levy for luiyment of interest and principal. II. R. No. 05, p. 153, Mar. 7. 1907. 1313^ Idaho: Providing for the Issuance npd sale of state bonds for the eon- 1 stnictlon of additional buildings at the Academy of Idaho. Authorizing Issuance of bonds to the amount of $2!.o0o and creating sinking fund. I II. H. No. 79, p. 135, Mar. 7, 1907. -1314. Idaho: Providing for the issuance and sale of state bonds for the Uni- versity of Idaho. Authorizing issuance of $120,000 bonds for rebuilding and equipment. Providing fund by annual tax ’evy for iwiyincnt of Interest and principal. H. R. No. 218, p. 144, Mar. 7, 3907. . D 1815. Idaho (1905) : TJnder act of Congress, Feb. 18. 1881, and the amend- ment thereof, granting to the territory 72 sections of land for university purposes, and under Admission Act of Idaho (act July 3, 181K), 26 Stat., 210, c. 656), secs. 5, 8, constitution, art. 9, sec. 4, providing that the public school fund of the State shall consist of the. proceeds of such lands as have been granted by, tbt* General Government and known as school lands, and lands acquired by gift from other persons, the Interest on the proceeds of such lands can not be used for the erection or equipment of university buildings or buildings connected therewith, but cun be used only In the support of said university, In the payment of current expenses and charges for conducting the same. — Roach v. Gooding, 81 l\ 642. 1816. a* fowa: Making appropriation for the state college of agriculture and mechanic arts^ the ( state university, and the state normal school. Making fixed annual appropriations for each of the several Institutions. Chaps. 212, 213, 214, and 215, Apt, 10, 1907. 1817. Kansas: Repealing see. 9, chap. 135, Laws, 1873, and fixing the com- pensation of the board of regents of the university, of the state agricul- tural college, and of tbe state normal school. Providing that the members of such boards shall receive $5 per dtjfr of actual employment, and reimbursement for transportation and A e*- _ ERIC * Chap, 206, Mar. 5,U90T. 268 HIQHBB EDT7 CATION Ah Df 8TTTUTI0K6. * 13ia Louisiana: Resolving that public boards and officials shall be held to ] a rigid accountability in the matter of {heir expenditures, and that In no i Instance are they authorized to contract indebtedness beyond the amounts • appropriated to them or to divert money appropriated by the legislature to one item of expense in order to mnk- up deficiencies in another; re- ] solving further that the chairman of the finance committee of the sen- ‘ ate and the chairman of the appropriations committee of the house be re- j quested and authorized to visit, prior to the next session, the vurlous ! public institutions, In order to ascertain their needs and whether the j letter and spirit of these resolutions have been observed. * Act No. 303, July 9, 1908. , 1319. Michigan: Authorizing the withdrawal from sale of the agricultural college lands in the counties of Iosco and Alcona, such lands to be held as a forest reserve for the benefit of Bald college, and defining the perma- nent use thereof. Reserve to be used for Instruction of students and practice of forestry students. Contracts for timber. Fire protection. (See also act No. 93 May 10, 1907.) Act No. 21 K>, June 27, 1907. 1320. Michigan: Amending sec. 1, ^/t No. 32, Acts, 1873. repealing act of Mar. 35, 1807 (secs. 3300 and 3507, Compiled I>nws. 1S71), as amended by act No. 102, Acts, 1899, extending aid to the university. Increasing mill tax from one-fourth to three-eighths of a mill. ' Act No. 303, June 28, 1907. 1321. Minnesota: See enactment No. 41. 1322. Mississippi: Making an appropriation for the support, repairs, additional buildings, improvements, and equipment of the industrial institute and college. Conditions imposed upon appropriation for support fund that the an- nual salary for the president shall not be in* excess of $3,500, and that, from and after Sept. 30, 1908, ** the. principals of the various chairs hnd j heads of departments shall receive the same salary as paid in 1900.** Sec. 1. chap. 7, Mar. 37, 1908. 1323. Mississippi: Making an appropriation for the support, repairs, additional j buildings, Improvements, and equipment of the agricultural und mechan- i leal college. * Conditions imi>oBod upon appropriation for support fund that the an- nual salary of the president shall not be In excess of $3,500, and that, from * and nfter Sept. 30, 1908, the principals of the various chair*? gud the heads of department shall receive the snipe salary as paid In 1900. Sec. 1, chap. 8, Mar. 20, 1908. 1324. Mississippi: Proposing the reduction of the salaries of the chancellor of the university,. the president of yie industrial institute and college and thrf president of Uie agricultural and mechanical college. ‘^Whereat, the annual salary of the governor of the State of Mississippi Is forty-five hundred dollars ($4,500), nnd j 4 * Whereat , the annual salaries of the Judges of the supreme court of N Mississippi Is forty- five hundred dollars ($4,500) and - “ Whereat , the maximum salary paid to any other state official Is thirty-five hundred dollars ($3,500), and * Whereat , the heads of the nbove three named Institutions receive as annual salaries five thousand dollars ($5,000), forty-five hundred dollars ($4,500), and forty-five hundred dollars ($4,500) respectively, and TPT 264 (STATE SCTIOOL SYSTEMS: LEGISLATION, ETC., 1906-8. M Whereas , the head of each said Institution la furnished by the State an elegant home for himself and family, his salary thereby being in- creased so as to exceed* that paid by the State to any of its public ser- vants, not even excepting the Judges of our supreme court, and k “ Whereas , the salary paid the heads of the said institutions is entirely out of proportion to the resjKHisibility and dignity of the ismitlon held when compared to salaries paid other public servants, 41 Therefore be it resolved, That It 1 r the sense of the house, the senate concurring therein, that the anuual salary paid to the heads of said in- stitutions shall he ns fol low's: "The chancellor of the university, thirty-five hundred dollars ($3,500). "The president of the Agricultural and Mechaulcnl College of Missis- sippi, thirty-five huudred dollars ($3,500). 44 The president of the Industrial Institution and College of Mississippi, thirty-five hundred dollars ($3,500)." H. Con. lies. No. 4(1. chap. 200. Teh. 28, 190S. 1^25. Missouri: Authorizing comity courts to establish and maintain agricul- tural exiHTiment stations, with the aid .and coo|>crntlnn of the state agrl cultural exi>eriinent statioiY, and authorizing county courts to lease and purchase land for the use of such stations. II. B. No. Gill, p. 200, Mar. IS. 1007. D 1326. Montana (1906) : Constitution, art. 11, sec. 12, provides that the funds of all state institutions of learning shall forever remain Inviolate, and shall be respectively invested under such regulations as may he prescribed by law, and that the interest from such Invested funds, etc., shall he de- voted to the maintenance and peri>etufttJon of such rest*x*tive institutions; and lows, 1905, p. 5, sec. 5, provides that the state treasurer shall keep all moneys derived from the sale of timber from lands grunted in ’aid of the state normal school in a separate fund, from which he alia 11 pay the interest on certain normal school bonds as it accrues and the principal nt maturity. Held, that ns soon hr the treasurer receives any money from the sale of normal school lands nr timber, payable Into the normal school fund, he Is required to Invest the same, and is authorize only to use the Interest and the rents from leased lnnds for the maintenance of the school,— State t*. Rice, 83 P., 874. D 1327. Montana (1907) : Tbp Montana legislature, must act in subordination to the stute constitution in executing the authority intrusted to It by Congress in enabling act Feb. 22, 1889, chap. 1K0, sec. 17, 25 Stat., 676. which granted' certain public lands to the State for a normal school, to be held, appropriated, and disposed of exclusively for that pnrj>ose, In such manner as the legislature should provide. Judgment (Mont.. 1906) 83 P., 874, affirmed.— State of Montana v. Rice, 27 S. Cu, 281 ; 204 U. S.. ^ 291 ; 51 L. Ed., 490. 1323. Nebraska: Appropriating to the use of the state university the proceeds *■ ' of the l*mlll university tax for the years l‘K)7 and 190S and so much s of the proceeds of the 1-mlll university tax for the years 1905 and 1906 as was not appropriated .by the twenty-ninth session of the legislature. Chap. 151, Apr. 0, 1907. D 1329. Nebraska (1900) : The money donated by the United States to the ^ University of Nebraska by* act of Congress of March 2, 1887, chap. 314. ' sec. 1, 24 3 tat., 440 (U. 8. Oomp. Stat, 1901, p. 3218), and acts supple- t mental thereto, known as the "experimental-station" fund, may he ex- pended by the regents for the purposes expressed by the donation with- * out* any more^kpeciflc legislative appropriation than that implied by constitution, art. 8, sec, 2, and contained in Conip. 8tnt., 1905, chap. 87, sec. 19 (Cobbey’fl Ann . Stat., 1903, sec. 11210).— State v. Searle, 109 N. W H 770. ERIC A. HIGIJEB EDUCATIONAL INSTITUTION^. w n }330. Nebraska ( 11*07 ) : Comp. Stat.. 1905, obap. 87, sec, 19, providing that in the year 1899 mul annually thereafter a tax of 1 mill on the dollar shall be levied on nil of the taxable property in the State, the proceeds to constitute n fund for the maintenance of the university, was uot re pealed by Implication of the general revenue law of 1903 (Ijiwb, 1903. 1. I3. r i, elmp. 73, wv. 13-1). authorizing the state board to levy a 5-mill tax, If necessary, for the state general fund a ml 1$ mills for the common school fund, — State r, Searle, 112 N. \V„ 380. 1331. New Mexico: See enactment No. SU2, U132. New Mexico^ Providing funds and making appropriations for the fifty- ninth and Nixiletli fiscal years. # Providing that niembers of the legislative assembly mid the boards of comity commissioners may select and send Indigent pupils to higher edu- cational Institutions, proscribing conditions, mu) appropriating $12,500 l>er annum. Secs. 29-30, cl mp. 89. Mar. 21, 1907. 1333. North Dakota: 8 re mart went ,Vo. 3d 133-1. North Dakota: Nee enactment .Vo, )27, 1333. North Dakota: Regaling s«*cs, 12-83 mid 1284, KevltyM CYkIpr, 1905, relnthe to ex|M>mlltnres and transfer id funds of state Institutions, and enacting a substitute. Mn king It unlawful for boards of trustees, commissioners, directors, regents, person, or persons having control or management of the state institutions, to cxikmuI amounts in excess of appropriation, and provid- . ing for monthly financial retorts to the governor, ( " Chap. 234, Mart* 19. 1907. 1il3fi. North Dakota: Amending secs. 838, 839. 840. 841, and 842, Revised CVk 1|8, 1905, relative to maintenance of state educational Institutions. Addipg the academy of science mid the Industrial school to the list of state Institutions. Heapimrtlonlng the amount derived from the 1-ndll * tax among the various Institutions: University, thirty-three one-hun- dredths (formerly forty): agricultural college, twenty one-hundredths; Valley City normal school, fifteen one- Inin d ratlin 1 (formerly twelve); May vi lie normal school, thirteen nne-lnmdyedths < formerly twelve) : school for the deaf, six omdiumlredths (formerly thirteen); school of forestry, two one-hundredths (formerly three) ; academy of science, four one-hundrtHltliH ; Industrial-' school, seven one- hundredths. Minor amendments of manner of appropriation ami time of payments Chap. 107, Mar. fi. 1907. 1337. North Dakota: Requiring persons In charge of state institutions to make annual Inventory of property therein. Chap, 235. Mar. 8, 1907. 1338. Oklahoma: Making an appropriation for the expenses of the regentB of the various state. Institutions, Appropriating $5,000. Fixing salary of members of boards of regents of the several state Institutions at $3 j>er diem, while actunlly engaged, maximum of five days In any month; mileage. 3 cents. Chap, fi, S. B. 353, p. 79, May 22, 1JH)8. 1339. Oklahoma: Relating to certnitk tax-levy funds nccumulated to the credit of the agricultural and meoliank’nl college. Appropriating balance frflbthiD payment of premlnnis for fin* Insurance* 1 a on buildings. t'bup. fi. a. B. (151, p. 84, May 26, 1908. 266 8TATB SCHOOL SYSTEMS: LEGISLATION , EtC., 1906-8. 1940. Oklahoma: To provide for the division and distribution of the income, rentals. Interest, and proceeds from -certain lands among certain educa- tional Institutions, and making appropriations of such funds In pursu- ance thereof: designating a name by which such fund shall hereafter be known. Stipulating basis of- division of Income from section 13 lands among the several state educational institutions. l.’lmp. 34, S. It. 232. p. 395, May 10. 190.x. 1341. Oregon: Amending sec. 3529, It. ami C., 1901. relative tf the board of regents of education the remainder of the educiitionnj and charitable lauds for the support of substations for prosecuting cxiMTiments in agriculture. Chap. 230. Mar. 7, 1907. 1344. Tennessee: See enactment So. S*Ji s. 1344s8^>rmont; See mart went So. SfoO. 1345. Vermont: Relating to appointment to scholarships in cast? ot* vacancy in a senatorahlp. Authorizing other senntor or senators of county in which such vacancy exists, or If none, the governor, to apixdnt and^ rtesigimte perstyis for scholarships In Norwich University, University of Vermont, ami MUldle- hury Collide to same number and In the same way as If no vJfcaucy existed. Act No. til. I>ec. IS, 1900. 1346. Virginia: Amending and reenacting sec. 1550, Code, 1904, relative to the University of Virginia. University may not Issue Its obligations without consent of general assembly. - Chni>. 257, Mar. 13, 190$. 1347. ' Virginia: Requiring all eleemosynary institutions, hospitals, colleges, uni- versities, prisons, and reformatories to report monthly to the auditor of public accounts In detail the manner In which uU«innds received by said Institutions from the Common wen 1th are disbursed. Chap. 200, Mar. 14^1008. 1348. Virginia: Relating to student’s loan fund. . Permitting State Female Normal School, the Virginia Agricultural and Mechanical College antf Polytechnic Institute, the Virginia Military ln- Btltute, tbe University of Virginia, and William and Mary Colloger cent of the annual appropriation to each of said Institutions for the establish- ment of a fund to aid needy students. Conditions «of nid. Chap. 284 (Genl. Approp.), p. 430, Mar. 14, 1908. 1349. Washington: Sec enactment So. W- 1350. 1351. Washington: Sec etiactment So. 920. Washington: Amending secs, 1, 3, 4, 5, 6, 7, ^ 11, and 13, chap. 119, Laws, 1901, creating a state board of controi, and providing for the government, control and management of certain public 1 Institutions, m-. HIGHER EDU CATION AL INSTITUTIONS. 287 Providing that the Mate hoard of control »hn II visit annually the state educational institutions (university anti norma) schools) uml examine the systems of accounting and financial mntmgement. Power' to prescribe uniform system of accounting. Reports to governor (sec. 3). ~ Sec. 3, chap. ICC, Mar. 14, 1907. 1352. Washington: Repealing sundry acts relative to the University of Wash- ington, ami creating u stute university permuneut fund and n state uni- versity current fund. Chap. 108, Mar. 14, 1907. 1 I) 1353. Washington (1007): Act of Congress, March 2, 1807, chap. 150. 14 Stilt., 420, which, provides that ** the legislative assemblies of the several territories of the \ nlted States shall not, after the passage of tills act, grant private charters nr especial privileges, hut they may by general IiicorjMirat Ion acts penult persons to associate themselves together as bodies corporate for milling, manufacturing, and other Industrial pur- suits. did not deprive a territorial legislature of power in amending. an existing charter of an educational corimrntlou to provide thut Its prop- erty shall he exempted from taxation.— Hoard of Trustees of Whitman College r. Merry man, 150 l-'., 112. I'nder I T . S. Rev. Stnt.. sec. 1850, * providing that legislative netR of territories “shall he submitted to Congress, and if disapproved shall be null ami of no efTtHM, where such an act hus been un the statute books for umny years without uny expression of diKupprovul by Congress, the Implication is warruuted thut it was approved.— Ibid. 1351. West Virginia; Authorizing the appoint met it of a select legislative coul* mlttee of five to re(H>rt on all state, institutions. Plans to he presented for the grouping of like institutions under one management and for a^ miif tiwn -system of accounting. f Jt. res. No. 21. p. 430, I-Vb. 2\ 1907. 1355. Wisconsin: Amending pec, 1, chap. 14, Laws, 1905 (sp. sess.), relative to university £und. Authorizing until 1909 tcm|>orary transfer of not to exceed *250 000 from general fund to university fund. k ^ Sec*. 2, chap, 42S, June 27, 1907. , I) 1350. Wyoming (1907) : No particular institutions are entitled to the grunts and appropriations made respectively by act of Congress, July 2, 1H62, chap. 130, 12 Stat., 503, giant fug lands or land scrip to the several Stales for the endowment, support, mid maintenance of at lenst one col- lege where the leading object sinill be to teach agriculture and the mechanic arts, and by net of t’ongresi*. Aug. 30. 1890, chnp. 841/ 20 Ktnfc 417 (U. S. comp. Slat.. 1901. p. 3214). appropriating annurflly certain sums to each State and Territory for the more complete endowment nmL maintenance of such colleges, tmt the Slates take the projierty charged* dut L to 3. t- (c) State Universities and Colleges^ Of the legifiliUion relating to state universities and colleges, th< following enactments are selected for special mention: Alabam* AcnM 27* FsSS '^ 1 "nn1»!.^w l L l , 0 X,^Lf"." am y- VIU^ wfiTdlM »r M a ill non r Ml *“* mayoralty of Wlfreoneln In to bo marie the redolent of a fund ihiei vi 1 1 — iy amount to an immense a t un — according to eBtlmatee,' *3Q(&tt000 Th< nii? VIA/ mft y he considered as a memorable event inttt develoo SSSiUK " e “ 0IL Tbe COn<1UIO. 340. Mar. 4. 1907. 1359. Alabama: Dissolving the Medical College of Alabama and constituting the same as the medical department of the University of Alabama. Act No. 289, p, 357, Mar. X V,K)7. (See. 1SS9, Code, 1907.) 1860. Alabama: Providing for the better equipment and supiMtrt of the Univer- sity ^f Alabama.* “Preamble: Whereas, reliable statistics disclose the fact that the T Tr wr alt y of Alabama Is .poorly equlpi>od materially and iimdequn tely supported financially; and whereas ^.ls generally conceded that the: llndt practically of all development has bt-en ronchtHl under the present meagre equipment mid Hup|H>vt : and whereas the State of Alabama can hot afford longer to do less for her sons and daughters than Is done by other States for theirs: therefore, etc.” Making annual extraordinary appropriation of $25,000 to be extended In like manner to regular appropriations. Making annual appropriation of $1(X),000 for four years for Improve- ments In buildings. % , Act No. 335, p. 367, Mar. 6, 1907. (Secs. 1890.1392. Undo, 1907.) 1861. Arkansas: Constituting a legislative committee of seven to Investigate the affairs 'of the University of Arkansas. H. Con. lies. No. 3, p. V259. Keb. 12, 1907. 1362. Arkansas: Amending sec. 4271, Kirby’s Digest, 1904. relative to the board c* trusteed of the University of Arkansas. Making number of mem tiers (formerly six) equal to number of con- gressional districts. SuiHM-lutendtMU of public Instruction to be an ex officio member. Act No. 87, Mar. 12, 07. * 1863! Arkansas: Amending act No. 274, Acts, 1905, relative to the sate of in- toxicating liquors wttbtn 5 miles of the University of Arkansas. Extending application of act so as to Include bartering, so that It shall be “unlawftd for any person to sell, barter, or give away, either for him self hr another, or to procure or purchase for another, etc.” Increasing penalty so as to include Imprisonment In addition to fine, * Act No. 278* May 8* 1907, r X. ail r , er|c HIGHER EDUCATIONAL INSTITUTIONS. 269 13M. California: Authorizing city of Sim Dit^o to convey n portion of Iji •T oll ii Park to regents of tin* University of Urtlimniia for the pur|>ORe« of n biological station. Chap. X Fob. 7, 1 1*07. w j;wr*. California: Athlin^r art. 7 jackup. I, tit. 3. part 3. l’olitienl Code. UKW. ‘ rolnlive to Hastings College of Law. "Providing for otticors mu) thoir apiminttnent ; for affiliation with the University of California ; for the grunting and issuing of diplomas, etc. ► chap. .'idfr. Mar. lit. 1!)07. I3cr>. Colorado: Amending s4l. relative to tlie University of Colorado. Removing the rmpiireaicats for the am latonanre of a normal or a pre- paratory department after .lime 1. UNIT. Chap. 22!». Apr. 15. 1007. PHI". Georgia: Providing fur the imvtlug of tlie legislative committees on the l Diversity of Georgia and its hnmclirs for the purpose of visiting the various brunch institutions while tin* legislature is not in session. Con. ltes. No. IP. p. 1012. Aug. 22, 1007, t •+ Kids, Georgia: Providing for the appointment of one additional trustee of the University- of Georgia, to he a nonresident, native Georgian, mid provhl- Act No. 17\ p. 77. Aug. 18. 1000. the University of Idaho.” created a corporation 'by tin* laws of the Territory and the constitution of the State, is a public coptera t ion and an agency of the State, and as such 1 b not subject to garnishment in the absence of a statute clearly evincing tlie purpose of the legislature to subject public cor)Mn*ativus to such process; and the general provision that nay "person” inny ho garnished In not sutlicicnt for that *pur|M>se. although tin- word “person" is ex- pressly defined by the statutes as induiWiig a ror|Hirai ion ; such pro- visions being gmerally construed us restricted to private or business corporut ions.— Moscow Hardware Co. r. Colson, 15, S 1\. UH>. i:i7n*. Koatncky : Changing the name of the agricultural and imH-hanical col- lege to state university; amending parts of sundry laws with reference to said tf^ffege, so as to make the whole apply to said university. Urmdrtlng for the establishment of departincuts-of law and medicine. Modifying eondlt hum of apitointincnt of student beneficliiriew. Providing for biimrtlsun board of trusties after 1010, and also for county teachers’ examinations for students. Chap. X Mar. Its. 100$. ' 1571. Louisiana. Aniemliiig and reenacting *h.\ X, act No. 152. Acts, 1002, authorizing the board of supor\ lsors d^ the stab* university mid ngrl- cultuml and niechnnicnl college to dctcAnlnc the fees of students or cndetH. Permitting fees for students pursuing sinvinl, grndimte, or profes- sional courbes of study. Act No. 227, July R. IGOR. ' 1372. Minnesota.* Authorizing jwgeuts of this university to dml certain Innd . to the United States Government for tin* purimsew of the Vm tlier Bureau of the United States lkipnrtinent of Agricult im*. Chap. 12. Fel». .$, 1007. Duplicated by chap. 1R7, Apr. 13, 1007. Ing for ipuillHcat Ions, etc I) 1300. Idaho < 1 1 m> 7 1 : "The regents of V^m: 1374. ; J •'•' 1 ’MV." " ' ^ ■ — 970 STATE SCHOOL SYSTEMS: LEGISLATION, ETf\, 1906-8. 1373, Minnesota: Providing for the care and management of I ta 481/ State Park by the state forestry board, and permitting the maintenance therein of demonstration work in forestry under the direction of the board of regents of* the state university, and appropriating money therefor. Chap. 90,. Apr. 4. 1907. 1373a. Minnesota: Amending sec. 1470, chap. 14, Revised Uws, 1905, relative to the board of regents of the university. ~ Fixing the term of office of present apinduted "regents. Providing that hereafter no appointed member, during the term for which he is ap- pointed, shall hold any other office, elcJlve or appointive, under the State of Minnesota. Chap. 10T». Apr. 5. 1907. Minnesota: Providing for the free education nt the rnlveralty of ijinm»- sota of soldiers, residents of Minnesota, who enlisted in the Cnltod States Army or Navy for the war of 1S9-S between the United States v of America and the Kingdom of Spain, and were honorably discharged therefrom. ' . • t ** • Such persons entitled to pursue an/^ course or courses without ex- pense for tuition. Providing for refund of tuition already paid. •' -Cbap.-15S, Apr. 12, 1907. J 1375. Minnesota. Authorizing board of regents of the university to inquire property nnd erect an engineering building and laboratory thereon. Authorizing expenditure of $250,000, and also a state tax levy of $175,000 annually for four years. Chap. 350, Apr. 23, 1907. v - Mississippi: Making an appropriation for the support 6ft the University of Mississippi for the years 1908 nnd 1909 nnd 'for buildings and equip- ment needed. ** Conditions imposed ui>on appropriation for support ■ fund that the annual salary of chnnc^dlor shall not be In excess of,. $3,500, and that ‘ from and after Sept. 30, 1V^, " the principals of the various chairs nnd heads of departments shall receive the same salary' ns that i>ald In 1900," Sec. 1. chap. 5, Mar. 20, 100s. * Nebraska: Making the stnte trensnrcr treasurer of the state university and custodian of i^s funds, and defining the duties of such treasurer. Chap. 147, Mar. 27, 1907. 1877. & mactmg with amendments, set. 11216, Cob- ye to meet Inga %f the t>oard of uni- 1878. Nebraska: Repealing and reenact 1 l>eyX Annotated Statues, 1903 verslty regents. All meeting^pf the b^krd ttall be open to the public. Providing for secret meetings and Reeftdnl' * Public records to be made and kept of all meetings. * Chap. 148, Mar. 30, 1907 i 1 • • * •* 1879. Nevada: Firing the name of the state •university. * Legal and corporate name to be IJnlver^ty of Nevada. Chap. 208, Mar. 29, 1907. 1880. North Carolina: Amending sec. 4271, Revisa 1, 1905, relative to vacancies in board of trustees of the University of North Carolina, by reason of » non&ttec dance. Failure to be present at the regular meetings of the boartl for two (formerly four) successive years shall operate to produce vacancy. . * * * - Chap. 82^ Mar. 8, 1907. HIGHER JEDV CATION AL T3ST STITUTf OHB* m I> 1381 . Ohio (1904) : The legislature haring legislated with respect to the city of Toledo nnd referred to a certain institution called a “ university ” iu ,the city of Toledo, and t lie term '* university " having been used by the citizens generally mul by the city legislature as applicable to audh . institution. New Code. si#. 217 ( f#G Ohio Laws, Ji. OIK providing that In any municipal cor(>orntion having n university supported by munlolpal tnxuthm all the authority vested In or belonging to the corporation with re»|»*?ot to the* management of the funds transferred to the corporation in trust or otherwise for the university, ns well as the government and control of the university, shall he vested In and exercised by a board of directors, was applicable to the city of Toledo, aud hence it was proper for the mayor to- appoint a Iward of directors of the so-called “Toledo University.” — Waddlck t\ Merrdl, 26 Ohio Cir. Ut. It., 437. 13-X2. Oklahoma: Asking an appropriation fdr the sup|>ort and maintenance of the' state mifccrsity for the year July 1. 190S. to July 1, 1909. Other miscellaneous puritoses. — * Approving and ratifying net of Congress of Kcb. 25, 1907 (34 W. 8. Stat., pt- I, p. 932), grauting certain section of land to the University of Oklahoma. ' # ■* >• Chap. 5, H. B. 693. p. 86. June 10, 1908. l.TVUoklahoma: Amending sec. 2. chap. S4, Statu ies, 1893, relative to th© \ government of the university. V Increasing number of members of board of regents from six to ten. / \ .Chap. 77, S. B. 7C, p. 069, Dec. 21, 1907. D 1384. Oklahoma MOOSh : The term - public schools," as used iu constitution, art. 13. sis*. 5, providing that the su] ter vision of Instruction in the public schools slmll ta* vested in u board of education, does not include in Its meaning the University of Oklahoma. — Regents of University of Okla- homa r. Board of Education, 95 I\. 429. 1\ II son s Uev. and Auu. Stat... 1903, chap. 77. art. 17, providing that tlie government of the University of 'Oklahomn should vest lu a board of regents, was. by schedule to the constitution (sec. 2) providing that all laws in force in the Territory at the time of its admission ns a State not loAf lly limp pi leal do Him 11 bo extended to the State of Okluhomn. extended to ami put iu force In the State until It expires by its own limitations or . is altered or re| wiled by law. — ibid. h There is no 'repugnancy between constitution, qrt. 13, sec. 5, providing that the su|>ervlHion of instruction in the public schools shall be vested in a board of education, and Wilson's Itev. nnl! Ann. Stat., 1906, chap. 77, art. 17, establishing the University of Oklahomn. nnd providing that the government of the university should vest In h board of fegents.— /bid. 1385. Tennessee: A f>pro| trialing $U)0,(XX) to the University Tennessee tor the biennium 1907-8. Prescribing Items of expenditure. Providing for three state scholar- ship Tor each member of the general nssonibly. ^ Chap. 104, Mkr. 26, 1907. 1386. Utah: Amending see. 2309, Revised Statutes, 1888* relative to fbstruetlon In the University of Utah. Regulating ept ranee and tuition fees. Chap, 15£, Mar, 25, 1907. 1387. Virginia: Amending and reenacting sec. 1541, Code, 1804, relative to th© University of Virginia. „ Granting definite corporate power thereto, Chap. 266, Mar. 18, 1908. 1388. * Washington : Providing for buildings for the University of Washington and the use thereof by the Alaska -Yykoq -Pacific Exposition. Appropriating $600*000 for the erection of an administration and aud!- torlum, an engineering, and a chemical building. (See also chan. 4. * i. 1807.) \ # ' ‘ r'.y. L ! yvwjH i j BTATB SCHOOL r 1889. Wisconsin: See enac 1890. Wisconsin : S4e enact 1391. Wisconsin: Amending ;MS: LEGISLATION, BTC., 1906-8. t No. nos . nt No. 1204. u 388, Statutes, 1898, ns amended by chap. 344, Laws, 1901, relative to tuition fees at the state university. Abolishing tuition fees In the law school. ^ Chap. 105, May 15, 1907. 1392. Wisconsin: Amending sec. 385, Statutes, 1898, relative to the University of Wisconsin. 4 Authorizing establishment of college oX medicine. Sec. 1, chap. 428, June 27, 1907. 1393. Wisconsin: Amending sec. 2, chap. 320, LaV 1905, relative to appro- priations for the University of Wisconsin. Continuing for five years annual appropriation of $200,000 for construc- tion and equipment Sec. 3, chap. 428, June 27, 1907. 1394. Wisconsin: Creating and adding sec. 391n, Statutes, 1898,' relative'to appropriation for the University of Wisconsin. Appropriating $100,000 aunually for four yeaVs for construction and equipment for women's building. Requiring governor’s approval as a condition. y Sec. 4, chap. 428, June 27, 1907. . wtllng chap. 414, Acts, 1004, and ennetjn a sub- stitute relative to free scholarships at the Massachusetts Agricultural College. * ♦ Establishing 120 free scholarship* and prescribing conditions therefor. Chap. 400, A nr. 28. 19QS. (Dec. 1, 1908.) 1416. Michigan: Authorizing and empowering tlft? state board of agriculture to expend a sum not to exceed $8,000 IV celebrating and commemorating the fiftieth anniversary of the founding of the state agricultural college. (Occasion of visit of President Roosevelt.) Jt. Res. No. 1, Feb. 7, 1907. 1417. Michigan: Authorizing state board of agriculture to convey to United Stntes Government a tract of land to be used for the purpose of erecting q weather station observatory, <^b observatory and i>o8t-offlce. -Act No. 04, May 22, 1907. 1418. Michigan: Providing for the establishment of a department of veterb nary science at the agricultural college. Vy Giving authority for establishment to state Iniani of agriculture. Pro- visions for such. Degree of doctor of veterinary science to be granted. Act No. 07, May 22. 1007. 1410. Michigan: Amending sec. 1, act N^. 232, Acts, 1901, .as amended by act No. 303, Acts, 1005, extending aid to the agricultural college. • Providing' for appropriation o^5c,000 during the biennial perfod to improve, experiment with, and Mhlbit live stock and poultry. Authoriz- ing experimentation wtflP^pIla.i Act No. 200, June 27, 1907. 1420. Minne*otaKP?6hlbiting the sale of Intoxicating liquors amj cigarettes within 1 mile the university farm of the agricultural college of the university and providing penalties. CJisp. 87& Apr. 24, 1907. 1421. Nevada: Providing for certain changes In the controf and management . of the state agricultural experiment station farm. Providing for board of control to consist of three members. Prescrib- ing qualifications and compensation. Chap. 27, Feb. 28, 1907. 1422. New Jersey j Supplementing chap. 17, Laws, 1902, relative to the estab- lishment of a course Ip practical and scientific Instruction In the art of . clay working and ceramics in the state agricultural college. Increasing annual appropriation by f 2,500. ' Chap. 7, Man 14, 1907. .. . i * i % & ] 1 rr ,l '■■"u » ■ '<"1 . HH*| "P ■< » m "'ll. > , ■!' ,'i || I III fc;'r."’ STATE BCHOOL SYSTEMS: LEGISLATION , ETC., lflOM. ' t. -g 1423. New Jersey.: Supplementing chap. 55, Laws, 1905, providing tor short courses In practical and scientific agriculture in the state agricultural college, . — - Further appropriation of $50,000. Additional annual appropriation of v $10,000. * . Chap. 43, Apr. 12, 1907. 1424. Now Jersey: Providing for the furnishing and equipment of the engineer- ing building at the state agricultural college. Appropriating $20,000. > ' Chap. 95, Afir. <>, 1908. 1425. New Jersey: Amending sec. 1, chap. 99, Uwb, 1901, providing for sclen- . title investigation of oyster propagation by agricultural cxperinitMit sta- tion. Providing for equipment and Increasing annual appropriation from $200 to $1,200. Chap. 1*9, May 13, 1907. 1420. New York: Establishing a state rchool of agriculture at Alfred Uni- versity. * * * Chap. 200, May 0, 1008. 1427. New York: Establishing a state school of agriculture a^ Morrlsvlllc. (’imp, 201, May 0, 1908. - • ~ * ^1428. New York: Establishing a state school, of ugrlculture at St. Lawrence * University. Chap. 202, May fl, 190*. 1429. North Carolina: Amending subdlv. 20, clftp. 89 (secs. 4207 to 4220), Uevtsal, 1905, relative to agricultural and mechanical college (white). Defluing-tlie corporate rights of the North Carolina College of Agricul- ture and Mechanic Arts. Reconstituting the board of ‘trustees. Regal- ing sec. 4213, providing fbr, a board of visitors. Sundry’ minor amend- ments. Chap. 400. Feb. 20. 1907. 1430. North Dakota: Amending sec. 1231, Revised Codes, 1905, relative to the schoor of forestry. Object of school to be ” to furnish Instruction and training contem- plated In au agricultural high school, emphasizing those subjects that have a direct bearing on foresyiy and horticulture.” # Chap. 100 (in part), Mar. 19, 1907. 1431. North Dakota: Creating and establishing an agricultural' experiment station In Cavalier County, providing for Its management, and making a^i ’'appropriation. Chap. 120, Mar. 19, 1907. 1432. North Dakota: Requiring biennial reports to he made by superintend- •ents of subexperiment stations to the president of the agricultural college. Ch’ap. 121, Mar. 12, 1907. 1433. North Dakota: Creating and establishing an irrigation and dry farming experiment station In Will la ms County, providing for its management, and making an appropriation. Chap. 122, Mar. 13, 1907. V. - & 1484. North Dakot$: Making an annua) appropriation ($7,500) to agricultural experiment ration for conducting demonstration farms and cooperating with farmer?, * Chap. 178^ Mar, 5, 1907. PROFESSION AL EDUCATION, ETC. 1436. Ohio: Repealing, and jjgenaotlng with, amendment sec. 9, act of M 1878, as amended Mar. 16, 1894, s^cT 4105-44. Revised Statute^ May 1, 1905, relutlve to the agricultural and mechaulcal college. Removing limitation oft $2,500 as the maximum annual solarv for professors. H. B. 928, p, 002, Apr. 15, 1908. ^ 1430. Oklahoma: Providing for the organization of the board of agriculture, prescribing the manner of selecting the president thereof, defining their duties, fixing their compensation, and making an appropriation. Board of agriculture to be board of regents for agricultural and me- chanical colleges. Providing for fa rulers' Institutes. Appropriat $101,399. Chap. 3, S. B. 112, p. 3, Mar.* 3yl90H. ' 1437. Oregon: Amending sec. 3541, B. and C., 1901, relative to the agrtultural college. ■ Increasing the continuing fund provided for the annual support of said • college fiom $25,000 to $50,000. . • Chap. 233, Feb. 2G,,1907. 1438*. South Carolina: Amending act (Feb. 25, 1904) relative to beneficiary scholarships In the Clemson Agricultural College. Increase number of scholarships from 124 to 104. Act No. 254, p. 538, Feb. 19, 1907. 1 . 1 ’1439. South' Carolina: Requiring Clemson Agricultural mid Mechanical Col- lege to pay to the board of directors of the state peuiteritlary hire for all convicts used. Act No. 549, Feb. 17, 1908. 1440. South Dakota: Changing tfie naqje of the. agricultural college. Name changed to “State College of Agriculture and Mechanic Arts.” Chap. 12, Mar. 5. 1907. 1441. Tennessee*: Creating and establishing an agricultural arid horticultural exi>erinient station and model farm combined hi western Tennessee, providing for tliO erection of proper buildings, and providing for Its equipment, inanrfgement, and oi>erntierimental anRBhtruotlonnl work.' ■ Cnatfr86, Feb. 12, 1907. 1442. Utah: Providing that instruction in the agricultural college shall be free / to residents of the State, and prbvidiug for nu entrance fee for residents und nonresidents. ' , Chap. 109, Mar. 14, 19Q7. 1443. Utah: Providing for investigations and demonstrations of arid land , /arming in various localities of the State. Repealing chap. 41 Lawk, 1906, * _ - Work to be under direction of agricultural college and to be continued for four years. Appropriating annually $6,000. * * Chap. 110, Mar. 14, 1907. 1444. V ^n oiiti Aiding in f the establishment and maintenance of a nursery ft# forest seedlings at the agricultural experiment station. Annual appropriation of $600 fog^u. yenrs. ' * ' A^No. 16, Dec. 16, 1906. * t i r i' 278 STATE SCHOOL SYSTEMS : LBOtSLATtOH, ETC., 1808-S. 1 . 1445. Vermont: Changing the name of the Btate agricultural experiment uta- j tlon, established by net No. 73, Acts, 1886, to the Vermont Agricultrtfa 1 i Experiment Station. ] ' Act No. 425, Nov. 16. 1900. 1446. Virginia: Amending and reenacting act of Feb. 18, 1896, as amended by * acts of Mar. 6, 1900. and May 20, }903 (see. 1599a, Code, 1904), relative to the protection of domestic animals, nnfantborizlng and empowering \ t the board of control of the experiment station of the agricultural and i ■ t mechanical college to establish live stock quarantine linea, rules, and | regulations, v and to prescribe penalties for violating the sirag. Repealing : secs. 2214. 2215, and 1599a, Code, 1904, dealing with same subject, j , Chap. 203, Mar. 12. 1908. D 1447. Virginia (1907) : Constitution, sec. 183, subsec. “d” [Va. Code, 1904, * ' p. cclxvll], held not to l*e vent an agricultural Institute from selling Its I surplus agricultural products without depriving Itself of its exemption from taxation.— Commonwealth r. Trustees of Hampton Norma! and ! Agricultural Institute, 56 S. E., 594. I. The sale of articles manufactured at the Hampton Normal and Agri- l ; cultural Institute in the market of Newport News held not a sale within the same “ community " In which the Institute was located. within con* * . stltutlon, sec. 183. subsection d” [Va. Code, 1904, p. cclxvll].— /bid. ■ Neither a dairy frtrtn maintained by the Hampton Normal and Agrl- i cultural institute, nor the products thereof, held subject to taxation under constitution, sec. 183. subsec. “g" (Va. Code, 1904, p. cclxvll], — i tm. i . i i i i i. •. 1448, Washington: Creating the office of state commissioner of horticulture. s and providing for the promotion and protection of the fruit-growing and horticultural interests of the state. Providing for annual 1nRi>eetyB’ Institutes to be held at the state agri- cultural college for improvement and conference (sec. 15). Providing for examinations for county horticultural inspectors; tech- nical questions to be prepared at state agricultural colleges (see. 19).^ Chap. 102. Mar. 13, 1907. 1449. Wyoming: Transferring the state penitentiary buildings and lands, near Laramie, to the university for the use of the agricultural college. Appropriating $5,000 for additions and repairs. Chap. 11, Feb. 9, 1907.- ■ £ (c) United. States Gran •n). 1400. Alabama: Assenting to 1Q00, providing for an experiment stations. \ * 1451. Arizona: .4/jltto.) 1452. Colorado: (Ditto.) % 1453. Connecticut: (Ditto.) 1404. Delaware: (Ditto.) 1455. Florida: {Ditto,) i* 1 ^ frr-SrSfi . iYtiTWkifti V^-.W ri ' - • - < the provisions of the act of Congress of Mar. 16. Increased annual appropriation for agricultural H. J. H. No. 349, p. 475. July 13, 1907. Secs, 1 and 3, chap. 30, Mar. 14, 1907. , Chap. 132, Apr, 3. 1907. * Stfectal act No. 145, May 1, 1907. Jt Rea, chap* 269, Mar. 6, 1907. * Chap. 5704 (act No. 100), Junp 3, 1907; r.> » .i a. .*1.1 L 1456. 1457. 145S. 1459. 14(10. 1401. 1402. 1403. 1404. 1405. 1400. 1407. 14 OS. 1401). 1470. 1471. 1472. 1473. 1474. 1475. 1470. 1477. 1478. 1470. professional imroATToy, ( Georgia: Assenting to the provisions of the act Ipf Congress of Mar. 16, 1906,. providing for an increased annual appropriation foj: agricultural Con. Rea No. 34, p. 1161, Aug. 1&1906. S. B. 29, ]>. 22, Feb. 15, 1907. 8. B. 118, p. 30, May 27, 1907.. Chap. 300 (Jt. Rea), Mar. 12, 1907. Jt. Res., chap. 433, Mar. 7, 1907. Chap. 11, Mar. 11, 1908. Chap. 39, Mar. 6, 1907. Chap. 101, Apr. 4, 1907. Chap. 64, Mar. 2, 1907. Chap. 149, Apr. 6, 1907. Chap. 209, Mar. 20, 1907. Chap. 13, Mar. 7, 1907. *exi>erlment stations. ^daho: (Ditto.) Illinois: (Ditto.)' Indiana: (Ditto . ) Kansas: (Ditto.) Kentucky : ( Ditto . ) Maine: (Ditto. ) ; i Minnesota: (Ditto.) Montana: (Ditto.) * Nebraska: ( Ditto.) Nevada: (Ditto.) New Mexico: (Ditto.) North Carolina:. (Ditto.) Chap. 793, Mar. 8*1907. North Carolina: Authorizing agricultural colleges of State to receive moneys appropriated by United States Congress, Mar. 4, J907. * ‘Chap. 991, Mar. 11, 1907. Ohio? Assenting to the provisions of the net of Congress of Mar. 16, 1906. providing for an increased nuuunl appropriation for agricultural exi»erln)ent stations. a II. Jt. Res. No. 109, p. 634, Apr. 8, 1908. Oklahoma: ( Ditto.) Pennsylvania: (Ditto.) Tennessee: (Ditto.) Texas: (Ditto.) • Utah: (Ditto.) Vermont: (Ditto.) Virginia! Ditto.) h Washington: Wyoming: ( Ditto,) / S. Con. Res. No. 45, p. 787, May '6, 1908. Act No. 153, May 8, 1907. Chap. 350, Apr. 11, 1907, - 8. Con. Res. No. 18, p. 433, Apr. 17, 1907. Chap. 27, Mar. 11, 1907. Jt Res. No. 458, Act 29, 1906. Chap. 26, Feb. a 1906. Chap. 19a Mar. 15, 1907. Chap. 9a Feb. 21, 1907. J \ \ l i I \ • 'a ~ 280 STATE- SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. (d) Mining Schools. * ' 1480. North Dakota: Fostering the development of mineral and allied in- dustries by providing for experimentation, encouragement, publicity, and practical tests under the dlrectlou of the school of mines. Chap. 236, Mar. 4, 1907. 1481. Oklahoma: Creating a state school of mines and metallurgy for the purpose of teaching the scientific knpwlrtlge of mining and metallurgy in the State of Oklahoma. Locating school at Wilbur ton, conditioned upon the donation of a site of 40 acres by citizens. Defining purifose of school, granting power to con- fer degrees, providing for control, and appropriating $15,000. Chap. 70. II. I*. 021, p. 021. May 28, ltMKS. 1482. Virginia: Establishing a school of mines as a department of the Virginia Agricultural and Mechanical College and rolyteclmlc Institute. * Appropriating $6,000 for equipment. Chap. 247, Mar. 13, 1908. (e) Military Schools. 4 D 1483. Florida (1005) : Laws. 1905, chap. 5384, Is not unconstitutional or In conflict with net Congress July 2, 1862, chap. 130; 12 Stat„ 503. donating i to the State n fund for the establishment of a college In which instruo- tlon is given in agriculturojuid the mechanical arts ami military tactics 5 are tayfcht, because such chapter provides that tlie state hoard of educa- tion nmgtlie Rtate lx>nrd of control shall Include military tactics If they deem the same requisite and proper ns one of the .branches in the uni 7 . versity of the State. — State v. Bryan, 39 So., 929. * 1484. Missouri: Repealing, and reenacting with amendments, see. 10502, chap, f * 171, Revised Statutes, 1899. relative to the military department of the ■ university. I ^ 5 Authorizing governor to apt>olnt ten cadets from the State at large. - „ • 7 II. R. 107, p. 450, Mar. 19.‘ 1907. J 1485. South Carolina/ Authorising and emixtwerhig the South Carolina Mlll- *j ' tary Academy to execute to the United States necessary bond for ord- J nance and ordnance stores. * Act No.'5lll, Pel). 24, 1908. jj 1486. Tennessee: Declaring certain institutions of learning where military j science Is taught, and which grade the military detriment equally with j others and make proficiency therein a requisite for securing a diploma, to be a post of the national guard. • ‘ * Chap. 481, Apr. 15. 1907. \ 1 1487. Vermont: Amending sec. 4373, chap. 186, Statutes, 1904, relative to military organizations of Norwich University. Extending to all military organizations of Norwich University pro- visions exempting artillery organization of students from region t tons applying to state militia. — * Raisin g rahk of professor of -military science and tactics from captain to major. . * Act No. 141, NO*. J22, 1900. PRIVATE HIGHER ‘INSTITUTIONS, ETC. (f) Miscellaneous Technical. 281 1488. Alabama: Aiding nnd eucour»glhJ|fc>elmlrn) education by providing for the erection ami equipment of buildings mid for Increased facilities at the Alabama Polytechnic Institute. Making annual appropriation of $rKl.r»00 for four years. Specifying exixmdlture. Act No. 102, p. 23(1, Mar. 2, 1907. 14SP. North Carolina: Establishing a school of U * 'him logy at Spray, and pro- vldlug for Its maintenance. 1 (.-renting and lncor|>oratlng board of trnsuvs, designating terms and powers of board. Defining puritoses of school; to be for white pupils only. Providing for annual appropriation for maintenance mid the up- Itfdntnient of free students. Chap. K5S, Mar. 9, 1907. HiK). Rhode Island: Amending st^. 0, chap. (IT, General Lnvs. ISM, relative to istnte benetldarlos at the KhodfJslaiul School of Icb.'sign. .Fixing anmlal appropriation for payment of Ttiltloii ft*** at $8,000. Chap. 1445, Apr. 19, 1907. R. PRIVATE AND ENDOWED HIGHER INSTITUTIONS— STATE CONTROL. With hut oi)o exception the enactments in this section' seem to be of minor and local importance. That of Ohio (150(1) would seem to he a move for the more efficient control of degree-granting institu- tions, a ihattor which is certainly deserving of attention on the part of many other legislatures. * ' I 1491. California: Amending see. 1 , chap 1 ), Statutes, 11 HH. relative to the ex- emption from tpxntlon of a ix>rtl»n of the projierty held In trust for the benefit of Lei a ml Stanford Junior University. Proviso that no tuition fees shall he charged residents of the State amended ho as to exclude professional mid engineering courses. Chap. 94 , Mar. 0, 1907. 1492. California: Adding set 1 . 2 Kflt>, Code of Civil Procedure, 1900, relative to graduates of the University of Southern California college of law being admitted to practice without examination. . 4 (.hap. 438, Mar. 21, 1007. 1493. Colorado: Providing for the relief of the George W. (May ton Collet and* extending, adding to, and defining the powers nnd provisions of the will of the founder In order to enable the purpows thereof to be carried out. ^ Extending time within which property must be sold five years beyond the limit set in the will. Changing provisions to meet .new conditions arising from formation of city and county of Denver. ) ' * Chap. 118, Apr. 3, 1907. * '- • ■ * , \ % < . s . ' ERIC \ rF” 282 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 190S-S. , t * 1494. Connecticut: Amending and revising > the charter of Wesleyan Uni- versity grunted May, 1831, by tit. 12, Special Acts, 1831 ; uh n mended uml revised June 9, 1870; as amended Feb. 20; 1879; as amended by act No. 400, Special Acts, May 20, 1893, and as amended by net No. 370, Special Acts, Juue 29, 1905. Number of truNtces increased from 40 to* 55. and number elected by nlutuul from 5 to 10. (Ira lit lug privileges .n ml exemptions enjoyed by Yule College. Stipulat- ing thut no denominational test be lmi>oaed on trustiH»H. olllcerH, teachers, students. Other minor changes. S|>eciul Acts, No. 320, June 22, 1907. 1495. Indiana: “Authorizing universities, col leges, or other Institutions . of learning heretofore organized under general laws *of the State of Indiana or created by hikk’IhI charters, or hereafter organized tinder the luws of the State of I milium, to provide for the election of thVlr bourd of trustees, In whole or hi pnrt, by church or ecclesiastical bodies, in imrt by the graduates therefrom ami in part by the lM>ard of trustees, #ui(l to provide for the division of Us funds Into separate classes under a separate manager, oustodlun, or treasurer for each fund, and providing a method for effecting such ends.” * % Chap. 79. Feb. 27, 1907. 1496. Indiana: rermlttlng the establishment and lncori»ornlion of schools, academies, colleges, ami other lustltutlous of learning, and providing for the mnuugement of the Katue. “Section 5. Any Institution of .learning established under this act shall have the power to establish departments of law, medicine, gym- nastics, letters and science, theory and practice of physical training, unatomy, physiology and hygiene, and such other departments u* • may be appropriate to such Institution, and it may confer academical degreesaud titles ui>on the graduates of any course of study provided for In said Institution.” Chap. 141, Mar. 9, 1907. 1497. Indiana: Providing for the issuing of homls for the liquidation aud payment of clulm of Vincennes University. ,* Ponds to the amount of $120,548 to be Issued In favor of Vincennes University on account of lands grunted by Congress In 1804 and appro- priated by the State In 1820. Vetoed by governor. Chap. 244, Mar, 9, 1907. 1498. Iowa\ Amending sec, 1304, Code, 1897, relative to exemptions from tax* atlon. ' Providing that real estate owned by an educational Institution of the State as part of its endowment fund shall not be tnxod. Chap. 54, Apr. 1, 1907. 1409. Kentnckjr: Amending act of Jan. 15, 1858, changing name of Bacon y^ollege to Kentucky University, and amending act of Feb. 2S, 1K05, con- ♦ solldatlng Kentucky .UnlveAlty and Transyivunln -University under tbe^ name of Kentucky University. Name of Kentuelyr University changed to Transylvania University so ** as to a void, confusion with the State University. 1 • ^ Chap. 09, Mar. 20.. 1908. 1600. Maine: Repealing chap. 6, Private and Special Laws, 1891, relative to charter of Bates College. Removing requirement of membership In the Free Baptist ’denomina- tion Imposed upon the presldent^the majority of the board of fellows, and board of overseers. *•’*’ *. » Chap. 108,^ Private and Special laws, Feb. 22, 1907, PRIVATE^ HIGHER TK6TTTTTTTON8, BTC. 288 l.V)1. Michigan: Amending act No. 72, Acts. 1857. relative to Wesleyan 8em- { limrv at Albion and the Albion Female Collegiate Institute. ' ■ Incorporating Albion College; providing for organization and jxtwers of botiyd of trustees. . Act No. 79. May 8, 1907^ 1;>02. Michigan; Relative to gifts for religions, ednejitionn I, charitable, and benevolent puriKtses. Validating such gifts, giants, etc., under certain conditions. Providing for Jurisdiction of oourt and control through trustee. Act No, 122, June -I, 1907. 1. r *ort. Minnesota: Providing for the acceptance and administration of gifts, bequests, deviates, and endowments in aid of or for tin* benefit of educa- tional, charitable, and other lnstlfutlonH maintained by the State. Chap, 170. Apr. 12. 1907. l.'rfM. New Hampshire: Appropriating numey to aid Dartmouth College In the education of New Hampshire students. Appropriating $20,000 annually, for two years. Jt. lies. Chap. 158, Mar. 28, 1907. I;iu5. New Jersey: Supplementing an net eoneerning corpora t Ions. (Revision of 1890.) Providing for the (^solution of certain educational corporations In order for all owners of the pro|>erty held by’ them to realize ui»on and secure .the an me. N Chap. 75. Apr. 2. 1908. 1 Ohio: Repeal hig, and reenacting with amendments and additions, sec, :t720. .Revised Statutes (1005), relative tit the conferring of degrtM's by colleges and universities. Minimum property vnluatUmNpf Institutions authorized to grant de- greea Increase! to $25.0(K) (formerly $5,000). Adding provisions tlmt degree-granting Institutions must Wesent to secretary of state certificate of state commissioner of coat nmn\ selim is as to < nurse of study, equip- ment. nuniher of students, etc- Charter Institutions falling to tlfeL certifi- cate by June 1, 1908, to have charters revoked. *S. B. 591, p, 202, May 1, 1908. l.W. Pchnsylvania : Amending act No. 429, Acts, 1SK>5, making an appropria- tion for the erection of a home or school for Indigent orphans, to be called the Thaddeus Stevens Industrial and Reform School of Pennsyb / vanla, In which school provision shall be made for giving Instruction 1ft reading, writing, arithmetic, drawing, duties of citizenship, elementary manual training, the eiemeuts of farming, and other requisite branches, ' Chauglng name from Thaddeus Sterns Industrial and Reform School of Pennsylvania to Thaddeus Stevensnudustrlal School of Pennsylvania. Act No. 76^ Apr. 15, 1907. 1508. Tennessee: Empowering and authorizing boards of trustees of aende- emles and smull colleges which no longer are used for the purposes orlg* innlly intended to trdnsfer the properties of said neademles and small colleges to counties aud county boards education or confity high school boards. * 1 ^ , Chap. 000^ Apr. 15, I90t; ERIC * T 1509. -STATE SCHOOL SYSTEMS:’ LEGISLATION, ETC., 1900^8. Vermont: Amending sec. 5, act No. 37, ’Acte, 1834, ns amended by sec. 1, uct No. 91, Acts, 1866, Incorporating and establishing the Norwich Uni- versity at Norwich. Adding provision that no rules of a sectarian character either in re- ligion or politics shall be im|)osed or adopted, and that no student shall be questioned pr controlled on account of religious or |K>litical beliefs. Act No. 350, Nov. 19. 1900. K 1510. Virginia: Authorizing iind empowering educational institutions to sell and convey real estate in excess of 1.000 acres under certain conditions. * * Chap 29. Ket>. *K, 1908. 1511. Virginia: Authorising and empowering the trustees of Ann Smith Acud , emy, a body orporate, by an act .of Jan. 7. 1N0S, to give, transfer, sell, convey, or exchange all of ita'property, real nud personal, for educational • • purposes . * Chap. 170. Mar. 11, 19ox. '1512. West Virginia: Amending the charter of Storor College (sec. 3. chap. 117, Acts. ISOS, as amended Keb. 23, 1SS3). relative to board of trusttvs. Removing condition that twO-thlrds of trustees (25) shall be members of Free Baptist denomination. k (’bap. 4t>. Keb. 20. 1007. 1513. .-Wlscfe^sln: Creating sew 1784m. Statutes. l.W, relative to the entitle . llshmeut of curffcjrntlons for the maintenance of scliools. Authorizing any university or college, upon resolution of Inmnl of N trustees of both institutions, to receive in oonneetiou with it. hh a branch, '---'''any other university or college; also to manage and control tlie same,* and buy its property. ** > Chap. OS. May 1.1 1X>7. S/ LIBRARIES. i (a) Public School Libraries. That the library is an essential part of the equipment and activities of the public school is becoming more and more recognized. ;ind the marked and decided tendency of recent legislation is to provide for the general establishment' and the adequate suppoj^ of public school libraries. This tendency has been particularly evident in regent years fn,eertain of the Southern States, and finds its continuance in the biennium just closed in the legislation’ of North Carolina (1518), South Carolina (1523), and Virginia (1520). The enactments in California (1514), in Nebraska (1517), in North Dakota (1519, and in Utah ^1524, 1525 stand out as. bits of constructive library legis- lation, * 1514, California: Amending secs, 1716 and 1710, Political Cede, 1900, relative * to school libraries. Providing for greater accessibility of school libraries, Wherever prac- ticable, to he accessible during vacation and nonschool days. In-citlea, school library may be kept as part of public library. School libraries to be free to members of all families residing In the district Libraries to be catalogued. Indexed, and classified, , i Chap. 0, Feb. 15, 1907. •'Vriil .A ... ; . i. L- — - - - J libraries. 285 v n i5i i5ir». 1517 mis, inn* i rcu 1521. 152 ‘ > It ev l sal. J^005. relative 1523. >. Indiana (11)00) i A Bchool city, exercising its authority over the nuhllr sevs. 4AS3h t*l seq. I. -bchool City of Marion r. Forrest. 74 N. K. P i87. Iowa: Authorizing boards of trustees of free public libraries to unite " ,,y " ,un, y l,lw " rl ‘V» ti«s.K-latloii for the ,.reservullon and pro- t.Ktioii of »rt teles of a historical or an educational ant tire gathered bv t'" ; llSSO, ' l,1,1 " M - nml rx '™' f*r the proper care of such cob Wvlloii. Additional to sec. 720, ('ode Supplement, liH)2. Chap. 33, Mar. 27, 1007. # *° hraska: I ’ r ‘ ,vi,li " i; for a llhrupy la (‘Very public school district within t no State. ceiVt^’iK’r 'impl'l'' < c?.!‘'o n " f ‘V ^ V' 7. Iihn,r - V f,m<1 «*»«! annually to 10 nit. i*r pupil. Excepting school district containing free public library. <"hap. 132. Mae. 2.’ 1Q07. North Carolina: Amending ew>c. 4177> chap. X r > hKtniliirpeinent of public school libraries. Providing that appropriations by county board of education shall bn made from general school fund intend „f from district school fund •Sec. Ik. chap. 837.. Mar. 0. 1907. . .North Dakota: (’routing a slate library commission, defining its duties, and providing for an appropriation for Its maintenance.- , ^ Chap. 2*43, Mar. 1 Ohio: lie] Killing sec. 3. K. H. 8. p. 8. I.nws, 1902. extra sess (se< levls.sl Statutes. 1905). authorizing boards of education to lllirary privileges for city, village, and apodal school districts. S. H. 334, p. r>5, Apr. 7, 100s. Pennsylvania: Supplementing act No. an, I .awe. 1805. establishing free pul, lie "I, runes In the several school districts, except hi cities of -first and second classes. Amhorizlnvr w’booi districts of townships and boroughs, mljoininir I I raries "I 1 l 7 ,0 , * >l " ln and maintaining free public llhrarhs or to Jolt) in . aiding those otiienvlse established. Act. No.' 115, Mn# 1, 19(57. Pennsylvania: Providing for the establishment and maintenance of 'free I mi I » libraries, on a 1-ruimie.it basis. la all niu.ik-l,mlln / e ’ fi,c - ln t "° •■‘roulatlon oPtra&fi llbrarl^ m mn» b «"t2fh f i milselul 58 HX ' lni0| is jdoantis] or loaned to the State IVr nutting also balances to be used fo# prizes for rural school Improvement, Ad «7, Feb. 20, 1908. 1907 . ' t- 3998 - 3 ; ■ provide 286 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1900-8. v 1524. Cta h: Amending sec. 2302, Revised Statutes, 1898, relative to the Utah School for the Blind. Providing for a clrculatlag library for the blind of fhe State. Chap. SO, Mar. 14, 1007. 1525*. Utah : ’Amending sec. 1815. Revised Statutes, 1898. » 8 amended by chap. 37, Laws, 1901. and a a amended by chap. S3, Jjiwu, 1905, relative to the Itowera and duties of district school* boards. Providing for a public school library fund and prescribing the man- ner in which the same shall be exixmded. „ Clmp, 102. Mar. 14, 3W7. 1526. Virginia: Providing for the establishment of libraries In the public schools of rural districts, and appropriating money therefor. Providing that private subscriptions In the mlrflnmin sum of $15 shall be duplicated by appropriations by dlstr^-t school boards, such ap- propriations for no more than five libraries in any one year. Providing for selection of hooks, management of library, etc, Appropriatlug $5,000. State aid of $10 for each library thus 'established. Chap. 316, Mar. 14, 1908. 1927. Wyoming: Sec cnai'tmnit .Vo. 788. l " — ■ • T. EDUCATION OF DEFECTIVES. The development of the spirit of humanitariaiiism, with its re- sulting influence upon the public .school system so as to provide for the education of the defective and delinquent classes of children, is among the interesting phenomena of present day sociul and educa- tional activity. The fol^»*ing enactments, relating to the educa- tion of the deaf and dumt^blind, crippled and deformed, and feeble- minded are evidence of the -continued intent of certain States to leave no child without the scope of the influences of the public* school, and are consequently of a broadly significant character. (a) General, * 1528. North Carolina; Amending chap, SO, sec. 4190, Revised Laws, 3905. relative to the relief of indigent deaf and blind children attending school. Providing for allowance for clothing. ('hap 69, Jan. 31, 3908 (sp. seas,), 1529, Vermont: Amending secs. 854 and 856, Statutes, 1894, the latter as s , a men Jed by sec. 1, net No. 30. Acts, 18118, and sec. 1, act No. 51, Acts, 1904, also sees. 858, 860, and 861, Statutes, 1804, relative to the Instruc- tion of the deaf, dumb, blind, Idiotic, feeble-minded, or epileptic children of Indigent parents. # * Including deaf, dumb, blind, and epileptic children of Indigent parents within provisions bf act Constituting governor as commissioner for their instruction. Epileptic children Included as beneficiaries,* Act No. 55, Nov, 9, 1906. ' EDUCATION OF DEFECTIVES; 287 1$80. Vermont: Providing for further Instruction of the deaf, dumb, blind. iiLotic, and feeble-minded. • « Auproprlatlug for exj>endJture ( under the dilution of the governor* an of $2,500 for the care, education, and training of 1 «rp b i nd ’ . lo fining qualifications of teachers. Prohibiting nepotism Providing for impartial hearing for discharged employee*. 1 roviding Act No, 316 (in^jart), May 14, 1907. Delaware:. Amending sec. 4, chap. 58. Law*. 1S75, as amended by chap. ' -4" Ijiwk, relative to iwrlod of extension of the term of Indigent deaf, dumb, and blind. fu Imrtltutlons for instruction of such indigent*. Extending period from five to seven years. * Chap. 143. Mar. 1C, 1907. Idaho: Repealing act p. 220, Ijiwh. 1S91, mid H. It. No. 69, p. 102, Ijiwb 1899 and H. B. No. 3M. p. 402, Uwa. 1880, relative to the education of the deaf. dumb, and blind, and enacting a substitute. Empowering and nut her! zing state board of education to make neees- ^ry arrange ,n e ,,f H for the education *f the deaf, dumb, ami blind of t^ " , 11,1 ^x^nse of the Stale. Providing for census of deaf, dumb, and blind jnirsons. Appropriating $32,000. H. B. No. 142, p. 240, Mar. 12. J907. Louisiana: Changing the name -of the - Louisiana Institute -for the Deaf and Dumb" to the “ Ixiulslanu State School for tiio Deaf.*’ * Act No. 239. July 8, 1908. Michigan: Amending w*c. 8, act No. 110, Acta, 1893 (sec. 1997, Compiled I-aws, 1897). relative to the afipfrlntemkmt of the AMchigan School for the Deaf. ( Hequlrlng superintendent to have had exj>erlence and knowledge in the teaching of deaf children. . Act No. 202, June 22, 1907. 1537. Minnesota: Sec enactment Wo. 1046. r 1538. Nevada: Amending act of March 2, 1860 (secs. 1388 and 1388, Compiled J Laws, 1900), relative to*tbe education o! the deaf ami dumb and blind. arrangements with Utah Institutions in addition to Call- a^^Unente! Ut 0ll8 - f0r ^ e f ucatlon of (,ucb arsons. Sundry minor Chap. 175, \lar„ 29, 1907. 1535. 15,3(1. 288 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 1539. North £|£rqllna: Limiting admission of deaf children to the school for * the deaf okd dumb. White oso. and management of school. Also'conditlons of admission of pupils. Chap. 70. S. It. 342, p. 017, May 14, 1908. 1542. Utah: Amending sen'. 2104, Revised Statutes, ISOS, relative to the Utah Stati? School for tin* IVnf and I>umb. Changing name to ’* Utah School for the I leaf." * Chap. 12, Feb. 28, 1907. 1543. Utah: Amending see. 2117, Revised Statutes, 1S9S. relative to the educa- tion of deaf and dumb or blind children. . Applying provision of law to any deaf. Imito. or blind child between ages of 8 and IS years ('formerly any tntnU y deaf. mute, or blind child between ages of 8 and IS years). Minor amendments adapting language of law so as to Incorporate* changed name of school for the deaf (set.' chap. 12, enactment No. 1542). Clmv. 6*2, Mar 14. 1907. 1544. Utah: Amending secs. 2101 and 2103. Revised 'Sjirtujes. isos, relative to the school for the blind. •Adapting language In accord with chap., 12. Feb. 28. 1908. (‘hanging , name of school for deaf and dumb (see enactment No. 1542). Chap. 101. Mar. 14. 1907. 1545. Vermont: Amending secs. 863 and 864, chap. 40, Statutes, 1894, relative to the instruction of the deaf. dumb, uud blind. Extending provisions relative to education of one or more blind chil- dren over 14 years of age in state Institutions to Include deaf and dumb children. • Act No. 56, Nov 13, 1906. 4Rj46* Wisconsin: Amending sec. 578, Statutes, 1898, as amended by chap. sq. Laws, 1903; also, sec. 579a, as created by chap. 422, *Laws v l901 ; creating secs. 579tn and 579n, relative io the education of deaf rthd dumb. • ^ Applying provisions of acts to deaf iiersons (formerly, deaf mutes). Requiring otHcers of school districts maintaining day schools for the deaf to report to state superintendent alone (formerly, state board of control also). Creating surplus fund of unexpended annual balances. ♦ Providing for eompnlsory education of deaf children 0 to 10 years of age. Penalties for violation. Chap. 128, May 22, 1907. i * ■ EDUCATION OF DEFECTIVES. 289 1547, 1.V4N l.vva 1551. Massachusetts: Amending: chap. "ASo^ctH, 'IPOO. roll ^niont ,of the Massachusetts eommlsslmi for the hlin (c) Blind. . Arkansas: Providing for tlie suj>j)ort and maintenance of, and necessary repairs for the Arkansas school for the blind. • Sundry provisions regarding employment a ml discharge of tenelierH, omeerR, and employes. Fixing qualifications of teachers (effective Oct. 1* 1!K>7). Prohibiting neiKUlsm. '* Act No. .324 ( In pfirt), May 14* 1W7. Delaware: Making provision for the education and training of the In- digent adult blind i»ersons of the State. Providing for the npj>olntinent and compensation of nu Instructor of adult indigent blind jwrsous, and for the manner of application for wild Instruction. (’hap. .14.1, Mar. 0, UK)7. 1^41). Louisiana: Changing the name of the “I/niislnnn Institute for tlie Plind " to the *• I^nlslnua State School for the mind.” Act No. 2.3S. July 8. IMS. Maine: Making appropriation for the Maine Institution for the Blind Appropriating $2 im*n» for 1«K»7 and a like sum for 10ON, to he u*ed for maintenance, and particularly for giving to blind iktsouh over Is years of age practical instruction in some occupation conducive to self-support. Resolves, chap. 14. Feb. fi, 1!M»7. •lativp to the ostahlish- ^ehusetts commission for the blind. Providing tin it n sum not to exceed $.\n<>0 mny bo advanced to the commission as a working capital for Its Industries. * , Chap.. 17:t, Mar (>. 1M7. 15ri:. Michigan: Amending secs. 7 ami [). net No. 123, Acts, 1SP.3 (see*, o 015 Mini bit 17, Compiled Unvs, 1KP7). relative to mlinlssion. dismissal, .,„.f uf'- tondiinoo nH 1 °" S for< '"forcement. for hull cent cases, and for vl^ "" * Act No. lid. May 2S, 1.-, 7d. .Missouri: Amemlln K s,v. 7752. art. s, ,dmp. IIS. Revised Statutes, 1800 relative to Missouri School £pr the HUml. * -.Vlo « of Vr (formerly P to ->> to (t to .*0. LxtemlliiR |>oriod of benefits ffoni 8 years to 12 years. II. It. No. 450. p. 305, Mar. IP. 1!)07. .New Jersey: Authorizing Uie appointment bf a eonmilsslon to fnvestlKute and reitort m 'rondltlon of the blind In the state nmy he nAieliorftted. Jt. Boa. No. S. Apr. 1), 1t)08. New Mexico: Amending »ec. 8, clmp. 2, Ijiwb, 11)03, relative to admit to the institute for the blind. ceS^ n yeJrs XlinUI11 *** ° f odml98lon from 21 to 25 for the four 03470-OP 10 * Chap - *' Keb - «• MW-’ 1554. J555. 1)08. ilw4f5n r T i* I 290 STATK SCHOOL SYSTEMS'. LEGISLATION, ETC., 1906-8. 1666. North Carolina: Compelling blind children to attend school. Hllnd children l>etween 7 and 17 year*? or ago to attend Btnto school Mr blind and deaf. Prescribing duties of parents and guardians and Axing penalties for vlolutlous. School census to Include blind children. Chap. 141, Feb. 1, 1008 (sp. sees.). (Sept. 1. TOOK.) 1657. Wisconsin: Creating sec. 579a, Statutes, 1808, relative to the education of the blind. 'Providing Mr the establishment and maintenance of schools for the blind In a similar manner to soIkhUh for the deaf as provided for by sees. 57S. 579n. 570m, and 579n, Statutes (Chap. Ills, Laws. 1907 i. Au- 1 tbotizing state superintendent to Instruct ins|*ct«>r of day schools for ■ the deaf to lns|>ect day schools for the blind without additional conn peusatlou. Clutp. 551. July 10. 1007. (d) Crippled and Deformed. 16^8. Massachusetts: ('‘hanging the name of the "Massachusetts School and Homo for Crippled and Ilefbrmed Children ” to the “ Massachusetts Hospital School/* Chap, 220, Mar, 20, .llHt", (e) Feeble-Minded. ^ J650. jtfalne: Providing for the care and education of the feeble-minded. Providing for the establishment and maintenance of a school, to he knoVn as*the " Maine School Tor Feeble-Minded.” for tin* ('dura (Ion and care of the Idtotic and feeble-minded, t» years of age and upward, who are at present supix>rted by towns In the State, and who art* capable of being benefited by school Instruction. Providing for trustees, fixing the. comtH'nsatlon, and deilnlng tlit* piw- ' ers and duties thereof. Provldinfrfttr the mode of committal and admittance of i^rsons to said school. * * * , , Providing for cost and for method of discharge; for the erect Iqn and equipment of buildings. Making biennial appropriation 4 Chap. 44, Mar. (i. l!H»7. 1560. Massachusetts: Establishing the nmne of the**' Wreuthmn 'State Scliool ” (school for feeble-minded). * (See chap. 508, Acts, 11)00.] . Chap. 421, May 10, 1907. 1561. Nortl Dakota:, Amending secs. 1105, 1107, 1108, 1910, 19U, and 1912, ' Revised Cqdes,- 1005, relative to Institution tor the feeble-minded, v Requiring semiannual payment of $50 by fwrsons legally responsible for j)er»onB admitted. County to pay in cases of Indigence. Chap. 237, Mar. L 1907. 1502*. Rhode Island: Providing for the establishment, maintenance, ^mn^e ment, and coutrol the Rhode Island School for the Feeble-Minded. * Placing. said stchool underthe control of the state tmftrd of education. Appropriating >26,000 for “site and huildinjf. Prescrihlng lowers and duties of board and condition of admission or commitment. . Requiring the establishment of ^ school department for the Instruction of persons within school age capable of being benefited and a custodial * department for others, > . - . ^ 1(MW * ■ , * Chap. 1470, Apft 23, 1907. .*v. - * ERIC t 'EDUCATION OF DEPENDENTS AND DELINQUENTS, . 291 U. EDUCATION OF DEPENDENTS AND DELINQUENTS. Properly peaking, the enactments . of this group do not belong wifhin n classification of strictly educational legislation. They are included here, however, ns evidences of the widespread legislative endeavors to meet the social and educational needs of those classes of children who, under ntheivirnimstancos. not only have the meagerest educational opportunity, hut who are most likely to I»eeoim\ without control and education* members of » nonsocial class. Particular at- tentiAn and emphasis should he placed upon the several enactments .creating or modifying the juvenile court, which is generally recog- nized as having become a most valuable educational instrumentality. ibu'i ir»04. (a) General. Alabama: I >cliiu|iirut children nml juvenile muri act. ^ Act No. :Wo, ],. H2, Mar. 12, 1007. Arizona; 1 Minim: the powers of tin* several district courts with reference to the care, treatment, and control « »f dependent, ueglm-itM, incorrigible, ami delinquent children under lit years of age. lVfhiiuix "dependent.” " ue^hrtt*d.” " incorrigible.” and dolimpyetd " chihlreii. Urovidiiu: for separate sessions *»f district courts, for powers and pnttvd tin* nr Court, for tjie appointment of prohaliop ofllccrs. for con- illt Ions ami methods of Commitment. ( ’imp. 7S. Mar. 21. 1007. t /Arkansas: rrovhllng for the better limhdenanee nml bringing up of children. ' .* Authorizing county Judges to take Charge of certain neglected and de- linquent children bclwivii U and lb years of age. Ai’t No. 2.X7, Apr. 20. 11X17. lbtib. 15UU. (’lilifOrnla; Adding see. .'U to clutp. 222. Statutes, lsttft. establishing a school for tlie discipline. education, employment.. reforinn t ion. and pro* tivtlmi of juvenile dellmpientH, to hi* known ns the ‘’Whittier State School."; * I*rovidH»p for the transfer thereto of certain hoys under IS years of age from Hie state prison. * (’imp. 4, Fob. 7, VA07. (California: Amending chop. Statutes. VB0.'t, as amended by sis*. 10. chap. (110. Statutes, 1005, relative to thecAulrol. protection, and treat- ment of ^epeiuleut and delinquent children. Smally' minor amendments. Provisions concerning eRtnldlshment, by nmulclpallt les or counties, of places for the detention of deiHmdent nml delinquent children. Providing also emlent :iml neglect «hI children. Tliis net shall nl * he subject c7. and 35. chap. 15, Laws. IS97, estnb- * Hailing the State Industrial School for Girls. Authorizing board of control, upon, proper notice, to hold the regular monthly meeting In Denver. - Requiring memltcrs fo iH»rsoiuill.v examine school nj least once during any month the meeting Is not. held nV the ^ school. Making minor ciwngi^ Hi met Inal of releasing a girl. Empowering board of control to retiflljrto authorities fromawlmm received any girl consldeml an Improper subject for the schottWoml providing nthur treat- ment for such girl. ¥ “ Chap. 225. Apr. .*%, 1!H)7. 1572. Delaware: Amending chap. 42. Laws, 19044», authorizing the liny court. - of Newcastle (Vanity to pay for tint •maintenance of persons committed to the Delaware Industrial School for Girls. Increasing amount paid for each person from 25 to 40 Tents |mt day. (Tinp. Kid. Mar. 14. 1907. 1573. Jdaho: Amending sees. S and 1^, II. B. No. 1J4. Laws. 1905, relative to the earn of delinquent children. “ N ' Deducing iKMialties for violation of net. Providing for the npimtntuienl of not more than two probation oflieers.ty coup lies having n school pgpii- lation of over 5.000; for one In others. Boards of school trustees to rejiort cases of truancy, delinquency, nml Incorrigibility to county superintendent, t who shall rej>ort such cascfl to the judge of the probate court. , II. B. No^9, p. 231, Mar. 12, 1007. - 1574. Indiana: ConceVnlng the names, management, and control of yie atftte benevolent, reformatory, and iienal institutions, deflnlug fehe powers of the boards of trustees, prohibiting campaign assessments, and providing penalties. in:n, EDUCATION OF DEPENDENTS AND DELINQUENTS^ • 293 ' Names of institutions changed: Sk ( t^on 2.. T4ie name of (he Indiana Industrial School for fdriR js^ hereby changed to the Imlluna Girls” School ; the name of the Indiana Institution for the Education of the Deaf ami Dmnh Is herein changed to the Indiana fynto School for the Deaf; the name of the Indiana insfi- ^ tut Ion for the ivdneat Ion of the Blind Is hereby changed ti» the Indiana School for the Blind; and Raid schools for the deaf and for tin* blind shall regarded nor classed as benevolent or eliaritalde institutions hut as educational instliulioiis yj t lu* staff* eonducn*d wholly as such.'* , Chap. UK. Mar. 2. .1!»U7. Kansas: Amending and supplementing chap. lpn. Laws, establish itf-g ‘ a Juvenile court and -providing for dependent and ncglectVd children. Providing penalty for parents or other |H*rsons responsible for delin- ■ ineiicy. dependency. or neglect. Provision for suspension of sentence and (lie recovery of forfelttnl bond*. Providing P»r the estahllsluueiil S. Kentucky: Repealing chap. 54. Laws. 100(1. providing for the punishment of persons n*s|Miusible forNg' directly promoting i»r contributing to (be conditions that render a cliljd tlotM*iidonU neglected, or dcitinpumt ; and enacting a substitute! rhap. no. Mar. 1.77S. Kentucky: Ue|>ea!iug eha^tVJ. Laws. relative to U> jHtwors r.f the * several county courts with reference tiN(Jic care. Iren I inept, and control of delinquent, neglected, mid de|>emloiit \hlldroit. and enacting a sub- stitute. ‘ l % Vdiap. (17. Mar. 10. IPOS. . ^ Ie7 ( J. Louisiana: Sri- nnictmmt .Vo. !). r ,3. KWo. Louisiana: Ueguliifing the can*, treatment, nhd Patrol of neglected and delinquent children. V7 years of age. mid under, and providing for the — trial tif adults charged with t^i* violation of laws for tile protection of , tl,( - I 1 hy Blear, nioriH,. uiid mental wellbeing of children. -or with desertion or failure to support wife ,dr children ; organizing the juvenile court h* the parish of Orleans, providing a judge and officers therefor. amVfixiug Iheir quallflent ions, mode of oh n't Ion and tn>polntriient, tcym of office, and compensation; providing for separate sessions, as juvenile courts, of the* district courts outside of said parish; defining the jurisdiction of said courts and prescribing the promlure therein; providing said courts with prohntiim oltim-a of eltb<4 sex, and Mxing their mode of a lysdntment. duties, nml iniwers: providing for Indeterminate sentences by Raid courts nml for appeals therefrom ; providing for the investigation of masons and Institutions utilized by said courts, and for the compilation of stn- tistlOs reapectlng their oiieratlons; and providing tiennltlcR for violations, Act No. XI, June ,‘«k 1008. (Jan. 1, 1000.) 294 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906 8. ms,. Louisiana: ITAi-alnp an atmmlmVnt to the -institution ratify!,.,.' and i-'irrvini: '..to .-IT.-, t ,m net of th. lemshtture ivsnilntmi? tlia mire <0 ... - hvWd mihI ili'liniin.'iit .'1,11,1m. t.,,,1 for the trial of <••>»>«>* >" ™rt a .■Htnl.llMl.im.' a jnwmtje &mrt in II. - l«.rl»*l. of "rleans. .""1 • '>* 1 v, f so,*™.,, sessions, ns javol.ih. Mitfl*. "f I ho .ll^lW.-t curts entsMe of S.M I»rwi, n the Slnle . n.tl.er Hum <'ity Hurt, of reshleinv. .„ M#| ._ n*. - . ■’ ..mi I i lmi, L ‘" \rfs U>tS$‘ ( ti ainl t. ' li t! 1 15.SJ:. Mitlno: Anirmllfm * mul i. < u»P- -- - u ■ , 1ft ite\ tee,! Statutes, Jlll.l repeal ills.' see. 5, "hap. Si'i'tiiles l'.m:: rein, He to the Stnte Set.ool /or Itnvs. It.-, ling 1""; • Vision relathe to nntiees'of linbllity to cities ntnl towns :„ul to the IWVlTV i if.eXlil’tlSCS I'V tllf Sllllt. nf linvH nmimittr.l In Sl:.(r Sri t»V Ii«ys In 1 m. \r.iu\ tin Slnie inslenil of the town of resi. Inner. Mnkimt nnnusl Ul-M'-Pi ,,f Sl.iHto for two ynirs to Ur fray rx prases* . > Cluil*. VJtt. rulilir Laws. Mar. — 1 ». V.M't, ir,K:in. Murylnnd: lieL’tilnlim: the iinl'oftntion into the Stole "t net no, I'; 1 "l" 1 ' '• vnmnnt. erintinnl. i,nnm*ihle. Insnne. rfr helplessly erlppl.-l , I, sense, 1 t-lliltll'fu. s ('Imp. ■!•_*. i>. '.t'J. Mor. S, P.mN lost Mnssixvltiisrtts : lTovi.linp- for' 'a n . invest inn ft on nml r-purt hy the slnte ' , M1 . M1 | Of ehnrity Motive to the establishment of nn In, lnstr.nl sel„,„.l /.„• VpproprhttlnK ifoon. Hoard P> fep.ft not lapT t Itn n .Itm. 1 . H" 1 ’*- _ . lirsolvrs. rlut 1 l-l , .Time L'l. I'.'tti. , Wll . Mnssixl.ilsetts : IWulltm for tin- establish, n.ftt of the hnln’strinl I for 1>0 ‘ VH * ^ • rhiip. d'->, .1 uur i:t. I'.HK 1 1585. Mlel.lKiin: Aineinllim sirs. .T .ntnl 7. net No.. II. I. Vets, I'.tO. • I 1 '"' ' llte p.overntnnilt, inainuteiiiriit. njnl eontrol „r tin- state |ml,lie (sehool n (’oldwiitrr. - , . , *, . HHndtm dependent eltihltvn la-tween 12 nml ’ W within provision- act * * Art No. iWI, June 27, . 1 VM>7. 15.SC,. MlehlKan: Providlm: for. the ptiulslunem of persons ies|sntsihle for or • eontrilnitlim to tile ilell.nnieney of eltihlreti. . ' Antliorl/.ln« flu, rtml to exee.sl $1<«>. imprisonment It, eonnty Jnjl fo, no ' more than ninety days, or hoth. . A( ^ x „. ;m, UHiT. 15S7. Minnesota:. Am endin'* ehap. 2S5. Intws; llN*. nw.lJ.B the trenttnen. mill eoiitfnl of ileiteinleiit, netjUs tetl, ttttd (lelliignent clilhlron. .e-0'n;;s-Js;^oo.u.H,,^ trot. hoyioH. (.’Imp. l7'2, A lj^ 12 ' ' !KIT - ( Education of dependents and delinquents. lfiss. Minnesota: Amending secs. 1^41)0. ,>ll>7, f>5tni. and 5501, Ke vised Laws, • P«)5. pchM lvo r to juvenile offenders. 9 Providing in counties having more ihan riO.l m m i inhabitants that a pro- bation officer slmll he npindnlcd by district Judges i formerly. state liourd <>f control). Sundry otluT anuMulnaiit s concerning ihiwitk. dnties, re- sorts, and compensation yf prohat h»i officers. I’.Jiap. 512, Apr. I'd. limT, IfrSP. Missouri: Regulating tlic treatment ami control of neglected and del he ipimt children, and providing necessary plant's rif detention for such, In counties having a population of luo.ouo and less than 150.tHHClnhal>ita ntH. j Imbuing *’ ncglecfed ” and "delinquent " child. Designating a juvenile court, prescribing, procedure ami aiuhority. Authorizing probation uttl- " * cers. etc, ' ' S "H. No. -hKi. p. 21 7, Mar. lb. 1 children or didimpteut juveitile i>ersonH; pro\ iding for their apprtdieiision, eustody, and disposition ; the jurisdls- titm of courts and pl-nctvdlugs tht*ndu: ami concerning t he parents, gunrd- iiins, ami other persons respomuble lor the custody, care, education,, mu intenanee, a ml contrb]^#f such ehihlren; providing for punishments niul inanities. ( s hap. 1 2d, Mar. d, UH>7. lot >2. \el>rj»ska: Repealing, and reenacting with ainendmeubs, si vs. 1, b. 7, b, and 11. cl . 5b. Laws. l‘.H )5. regulating tht* treatment and control # of depend cut. neglivteil, and delinquent vhlldren. > • Raising age limits of such children and making sundr\ minor jnnetiil- i melits relative to probation officers anti commitments. (’Imp. -15, Apr, b, l‘M>7. 1 5b5. \ew Hampshire: Repealing sirs. 2f ami 25. chap. 2s|, Pul die Statu tort, 1 ; ii H*. and *.*naet itig* new sec. 21. relative to industrial schools. / ( Making the State Instead of the town or county liable for board and Instruction *of jierson eommitted. Chap, l.’id, Apr. 5. 1b07. (Apr. 15, p.*07.) -15tH. \ew Jersey: Providing for the establishment of a selimd ami school 1 facility nmi noemmnodat Pans ip the state prison. * |{t*t|njring hoard of tnsptvtnrs of t lie state prison to establish sn Id 9 school; muting a state prison solum! hoard ami placing school under It* supervision and conlrnl. ■ Prescribing powers ami dnlies. All teachers * bur head teaeher maybe Inmates. * 0 Chap. do. Apr. 15, 11)07. 15115. New York: Establishing a^ sTatc prolmtioti commission anj defining its innvers ami duties. Couunisstouer of i*ducutinn an e.votllcio mpmher of such commission. ("hap. 450, June (’►, 11)07. 1 5bb, North Oairollna: Establishing a reformatory oc tnniuml training school for (lit* detention pml reformation of the criminal yqiith of the State. Chap^DOl), Mar. 2, 1D0T, / • - tV'T, *. . * 266 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-8. % 159T. Ohio: See enactment No. 9$t. 1598. Ohio: Repealing, nnd reenacting with amendments, sundry laws regu- lating tbe treatment and control of dependent, neglected, and delinquent children. . S. B., 413, p. 192, Apr. 24, 1908. 1599. Oklahoma. A^a^ci^ing and establishing state orphan homes for desti- tute or detention t wMte and colored -children, naming same, and provide ing for a Rii|H»rintendent nnd board of four director? for each. Chap. 70, H. B. 071, p. 6iS>. May 18, 1908. 1600. Oregon. Repealing chap. 80, Laws, 1905. and enacting a substitute de- fining and regulating tbe treatment and control of dependent, neglected, and delinquent children. Providing for the dlsiMisltlon. care, education, protection, suptwrt. maintenance, and punishment of such children; for their guardianship ^ and adoption; prescribing the powers and duties of courts*wltli refer ence thereby Establishing and providing for the maintenance of juve- nile courts; prescribing their Jurisdiction nnd i>owers. nnd tlie procedure * therein. ProvldlngVor the appointment and compensation of probation officers, and prescribing their duties and powers. Providing for the t supervision and control of nil eoriKirntiona. institutions, societies, and associations receiving children under the act. 1601. Sooth Dakota: See ('nactmcnt So. 107S. Chap. 34, Feb. jJ5, 1907. % 1602. South Dakota. Changing the nnme of the South Dakota Reform School. Name changed to ‘’South Dakota Training School.” Chap. 222, Mar. 7, 1907. 1603. Tennessee: Amending sec. 12, chap. 51ft. Liws. 1905. relative^* delin- quent children (Juvenile court law). Applying law to counties of 100.000 Inhnhlymts (formerly 70.000) nn£ over by the Federal census of 1900 or any future census. Chap. 110. Mar. IS. 1907, ^ 1604. Utah : Repealing sec. 4, chap. 124, Laws, 1003, relative to dependent and neglected children, and chap. 117, I>aws, 1905. relative to Juvenile courts, and reenacting substitute measures. Providing for Juvenile courts, the title, term of office, and compensa tlon of the Judge thereof, for a juvenile court commission and specifying its duties, for clerks of said court; defining the jurisdiction of Juvenile courts, and providing for the Jurisdiction of district courts in certain cases: defining and specifying the practice nnd procedure of juvenile courts; providing for appeals to the supreme court; providing for a . * reporter for tbe juvenile court : defining tbe duties of county attorney ; providing for. probation officers and their duties nnd compensation ; making disposition of fines in said courts, regulating tbe^tlme nnd place of holding court and service of process. Chap. 139, Mar. 25, 1907. 1006. Vermont: Instructing Joint standing committee on Industrial school at Vergennes to visit that institution and inqutfe into its reformatory methods, sanitary conditions, practical woiclngs, and the repairs needed. Jt. Res. No. 518, Nov, 19, 100(1. 1606. Washington: Amending sec, 1, Laws, 1890, providing for the establish- ment and location of n state reform school (p. 271). Changing name from “State Reform 8eboo1" to “State Training ScbooL” k Chap, 90, Mar. 9, 1907. I HDT7CATT0N OF DEPENDENT^ AND DELINQUENTS. 297 1607. Wisconsin; Amending sec. 573f. Statutes, 1808. relative to tbe commit- ment of neglected children to the state public school. . Chap. 82, May 4. 1907. 160s. Wlscpnsln: Amending sec. 4966, Statutes, 1S9R. providing for the com- mitment of children to%ie Industrial schools. Fethnle ns well as nmle children convicted of a criminal offense may be sent to an industrial school. Maximum age limit for so sending tlxed at 18 years. Vagrant orjnwrrlglble boys between ages of H and 10 yt^ars ( formerly 10 and 18) to be’ sent to Wisconsin Industrial School for Hoys. Chap. 630. Jijly 13. lftOT. 1009. Wyoming: Providing for the care and training of delinquent children. Authorizing court in certain instances to commit children to care of certain institutions and societies. Chap. 60, Feb. 16. 1907. I (b) Truant and Detention Schools. 1610. Colorado: Providing for :i detention house In ouch county, and In each municipality known and designated as a city and county, within the State. In which there are 100,000 or more InbaWlnnts. rind providing for the maintenance thereof. ♦ Detention house to l>e erected and maintained by the county commis- sioners and mmluatcd in connection with the juvenile court; sujierln- tendent to he np|HL»lnt, liK)7. 4 i; ■I RECENT DECISIONS OF FElTElfAL AND STATE SUPREME COURTS UPON TOPICS OF CURRENT INTEREST IN PUBLIC EDUCATION. 0 EXI'I^ANATX )R Y STATEMENT. j The following decisions of the highest courts of the States con- cerned, including one of the Supreme Court of* the United States, have been selected for presentation here primarily by reason of their ’evident far-reaching influence upon the schools of the States in which the decisions have been rendered, in addition to the fact that they deal with topics possessing more than ordinary interest to those en- gaged in the work of public education. No effort has been made to discuss either the educational or the judicial implications of the decisions. The first would necessitate a fairly accurate, knowledge 'of the local educational circumstances involved, while to attempt the second would not only carry the discussion U'yond the present pur- pose, but would perhaps evidence' presumption on the part -of a layman. It has been deemed sufficient to present *the facts and \ opinion rendered, either in full or by digest, in each Vise. ' * JURISDICTION OF STATE DEPARTMENTS OF EDUCATION. I. New York. (People ox pel. Walratb t\ O'Rrlon (W rome Court. New York, appellate division. March, lima*, ft 7 N. Y. Sup.. 1 1 1M Cochran k. J.— The puritose of this proceeding 1 h to review the notion of the respondents conijtoslng the board of education of the city of Troy In removing tb« relator from his posltlon^as principal of the high school tn wild city, which position he held from shout March 1. 1897, until the time tjf hl8 removal by the respondents as .aforesaid, which occurred In December, 190T. By chapter 600 of the laws of 1902, which applies only to some of the cities of the second class, including the city of Troy, it la provided among other things that “all principals shall hold their positions durlug good behavior and shall be removable only for cause., after a hearing, by the affirmative votes of ut least a majority of the board ’* of education. ,1 « Fo^ digests of and citations to other decision* relating to public education, m Index, qg4qr " Decisions.” # STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. The petition of the relator herein shows thnt charges were preferred ngnlust him to the hoard of education; that a hearing on such Charges was accorded to him by said board; and that after such hearing he was removed ns aforesaid. Such hearing constituted a trial, and the notion of the board In removing the ^ relator from his position was a decision that such charges were properly inside and that they constituted Just cause for his removal. The relator, filing himself aggrieved by such decision, seeks by this proceeding to have it reviewed by the court. Title 14 of the* con sol Id a toil school law (chapter 5T>d tjf the lnws of 181)4) j pro- vides that ** aby person conceiving himself aggrieved in consequence of any * ** 4 * official act or decision concerning any, other matter under this m*t or any other net pcrbdnhig t0 common schools ruuy upjieal to the siq>erinttmdent of public Instruction, who is hereby authorized anil nniulred to examine and decide the same; and Ills decision shall be final and ooncluAve and not subject to question or review in any place or court whatever." Ity the same title the superintendent of public Instruction Is given power In reference to such appeals to* make all orders which may In his Judgment be pro] ter or necessary t»> give effect to his decisions. Chapter 40 of the lnws of 1904 abolishes the office of superintendent of public instruction, but provides thnt the j>owors and duties of hlB offiee^shall he exercised and performed by the commissioner of (‘ducat ion therein provided for. so tjiat npjieals may now -be taken to the commissioner of education In the same cases where before the enactment of the Inst -mentioned statute such appeals might have been taken to the sui>erintPiKlent of public instruction. The relator herein concedes thnt the public schools of Trov. including the Troy High School, are common schools and that chapter I>tS0 of the lawn of 1902. above referred to. relating to cities of the second class, Including the city of Troy, Is an net pertaining to common schools. It thus appears that the relator, if aggrieved, ^uay have complete and ample redress by an nppoeWo the commissioner of education, and as no statute t" which we arc referred authorizes a writ of certiorari In a case like this, within 2122 of the Code of Civil Procedure applies, which, bo far as pertinent to this case, Is as follows: “Except as otherwise expressly prescribe! by a statute, a writ of certiorari can not be Issued * • * where the determination can be adequately reviewed by an appeal to a Court or to some other body or officer.** The determination of the board of education which the relator complains of can be adequately reviewed by the state commissioner of education, mid lienee the relator Is not at liberty to avail himself of a writ of certiorari, and the order- quashing such writ, which had previously boon allowed, was pro|>orly granted. The orde> must be affirmed, with $10 costs and disbursements. j Not*. — T he following decision of the commissioner of '*d neat ion of New York (April 0. 1006) In the forelfolnK case is also presentiMl In order to display the complete clrriim- * stances relating to the above case : [New York State Education IVpartment. In the matter of tlie appeal of Martin H. Walrath v. The Hoard of Education of the City of Troy.] • By tttk Commissioner, — This is an appeal from the action of the hoard of education of the clty’of Troy removing npjKdla^t from the position of princi- pal of the high school. The action of the board wagoned n|H)n charges made by the suj>erintendent of schools. The charges were served u|K>n the appellant November 23, 1905, when he was notified that his trlnl would be held before tlie board November 27, 1906. At that time the Investigation proceeded ; the cor- poration counsel attended and prosecuted the charges and the appellant was attended by counsel; adjournments were had from duy to dny and the testi- mony was taken at much length. On December 4, 1005, the hoard voted that the appellant had been .found guilty, without specifying the p&rticulnr offenses of which he was found guilty, and that he should be dismissed from his position forthwith. ^ Section 245 of the charter of cities of the second class, of which. Troy Is one, provides, among other things, as follows : 14 All principals shall hold their posi- tions daring good behavior and shgll be removable only for cause, after a hear- ing, by the affirmative votes of at least a majority of the board/ 4 The appellant la a graduate of 8vracuse University in the class of 1889, and had been principal of the Troy High School since March 1, 1897, RECENT SUPREME COURT DECISIONS. 801 The charges were made by Mr. Edwin S. Harris, the superintendent of the rroy school r since September, n 904. They were made at the instance of the board, although the proceedings clearly show 'thut the superintendent WroseJf wmr nn active agent In preparing, and proving them. Tjiey were drawn, by the cori>ornti«m counsel uihui information Rtipplfed by the sui»crlntendent. and they ‘were signed am! verlfhnl by the sii|>orlritende»t. They alleged incompeteiicy • uejrhH't of duty; disobedience of the rules. roquircmcntR, and directions of the board of eoard. L\ lUifuwil for sonic days to assign another [earlier to work In mathematics after her upiKjintnient thereto by the hoard. -‘i.M’rltlcIsui of the board for the* foregoing npindnt mentfi. 4. Hindering the employees of the depumm*nt of puhlie'wvirks from making certain changes at the high school, directed by the board oroducatlon. /'• J' lli ! un ‘ r< *b 01 *t « lls I of tiie students of the high school and the number of school crtHiils granted to endi. ns well as the number claimed bv each not- witliHlamling the directions of the hoard. t». 7. 8. Failure to maintain discipline of njuplls on severaJ named occasions and to n'jHirt themi|Ktn. although directed to do so. 7 h. Failure to keep accurate m-ords of work and credits ofUtndents. in. I titrm* and inaccurate reports of work and credits of students. * 11. failure to make true and accurate n*|H»rls of the mt tun lance of nonresi- dent students. hueuden/ ,ISl ’ ,nipr ° lHT ' :iml mn,IrioUH ‘'riticisnf of the board and the suite r- The answer of the appellant denied,, severally ami specifically, the clinTees of I le superinteudent, adding wlint the principal claimed were explanations of certain facts brought out by the allocutions made against him At the Hearing before the board the main witnesses were the superintendent and the principal. Of the 4L M .» pages of the record, tlielr testimony fills 2*>9 pag.*s. t he proof of the charges rests almost exclusively uj>on the* testimony cf Alr. Harris, the sui>eriiitemlent. hut one other witness was mlhMl tv> sus- tnm the allegations, uml he upon but one utilmimrtmit matter. The conten- tions of the principal are corroborated here and then* bv the testimony of several touchers hi the high school and brothers. The commissioner of education lias read, and heard able counsel uism and refhvhnl fiinm tills testimony. Though probably not bound to be limited by the record, lie has been. There 1ms been no desire to take over tin* functions of he h.mrd of edncaiioii orNo substiinte the discretion of the cmmnlsHlbtier for Hint of tin* hoard. If the weight of evidence seemed nearly balanced and the Judges n pi wired fn'r-frwn bins, and the judgment Inflicted a penalty fairly ^Justed to n real offend feiisounhly established, the commissioner would sus- tain the board, even though it might seein to him that they lmd fallen into some Incidental errors and/hia conclusions u IK ,n the facta were not fully lie accord with theirs. Hut he can come to no other conclusion thnn that the iKuml was of one m id In p/ejudglng the easeful Intent upon coming to but one end, was biased against the appellant; nmgnlflod the small Incidents of mhnliiistratlon beyond mison; denied him the fair opiMtrtuiilties of dofeiWH* ln- 1 . ! l ?' ll ? ,,y w ! 1 1 ol J- v out of Proportion to any apparent delinquency and so violated the law which they were bound to regard. No immoral not In olmiwl mralimt tlu; n|>|*ollant ; no hasty or uiicontrollnble terni^r In Int mnttHl; nothin* to show tUnt ho lirouRht dishonor upon Ills posi- tion Is pstnlillshod ; no doubt about bin nolmlarnhlp In brought forward.* It nowhere a pjKiars that be did not enjoy the common reRpeot of the community, of associate teachers, and of his pupils. He certainly carried himself with much steadiness under trying circumstances. The most that Is alleged and attempted to be proved la that he failed to do something that ha should have done, or talked too freely, and, under the light of all that was brought out before the board, even so much fades pretty nearly to the vanishing point 802 ' STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-8. w The superintendent hud a professional as well ns n legal nnd moral obliga- tion to the principal. uud whatever difficulties there were should have been settled between th$ HU|K»rlntemlent nml principal, and would have been If the members of the board nnd the superintendent hpd 1mh.*u moved by nothing but the pood of the schools and regard for a teacher in n resfionslble place. In* deed, the proceedings unmistakably de<‘lnre tin; fact that the difficulties which have set the schools and the |>eople of a city in most regrettable turmoil ba\e arisen out of tlie solicitude of tills principal for the character and the quality of the faculty over which tic was to preside and out of the integrity that emiid not always bend to even ottlclal authority which It ad some other aims than the exclusive pood of the schools. The teachers who were a pi Hdntwl to the h ipli school faculty without confer- ence with ttie principal were assigned to work hy him with little delay and im more than was Inevitably Incident In his surprint* and to t heir lack of adaptation to new and res|xmsible duties. 'Hie erltieisms against tlu* members of tiie hoard sound very differently when nq Hop'd bv one side from what they do when explained by the other, and. In any event, were not to the public and not beyond what any piddle officer must expect, without exercising ids official power to turn people out of* permanent positions. The allegation about Interfering with changes in the lidding grew out of an insignificant niM passing episode. Those concerning n*| torts ujxm tiie standings of pupils and the number of fail- urea ure (dearly the result of measuring things by different standards and of differing estimates of jH*rsonnl and official prerogatives. That in relation to the discipline of pupils Is not 'serious in \jchool administration, and is im graver than limy be frequently made against printdpals who have live boys to manage. The one about not retorting nonresident pupils, which looks bad upon its face, tanninse it would seem to indinito that tlu* prltudpnl ixTiiiiltt'd the city to in* defrauded, is shown to refer to a student whose father was a resident a mV a taxpayer at the time referral to, and who was therefore in the school of right. No wrongful intent or malicious purpose apix*ars anywhere. But this Is not all : The trial was not judicially fair. If any Inquiry is unfair It Is one in which the tribunal pretends to be governed by legal rules and yet has no real knowledge of them, and so exorcises the power tu use -them, either willfully or ignorantly, in favor of one side nnd against the qther. It can not be expect(*d that a hoard of education will be familiar with tUn. legal rules go vend ug the taking of evidence, but it is not too much to Insist that a board o education shall either show such disposition, even mix id y, to protect tlu* rights of the accused as will lead It to receive and exclude tlu* testimony offered by both sides according to true rules of evidence, or else make no such pretense and get at the facts through whatever both sides can offer. There need be no Jpesltatton In saying that the record pin Inly discloses that testimony material to the accused was exchuhsl reitentedly when it temp'd to show that members had prejudged tiie rase or when it would weigh against tin* preconcrlvixl plans of the hoard. An able young lawyer, favorable to the attitude of the superintend- ent and the hoard, was allowed, to determine what evidence should he taken, nnd to badger the principal to counsel's. content, while another was kept from analyzing the contents of the suiH'rlntetuleut’s mind beyond what wvimtl to the hoard to be safely consistent with Its point of view. It Is not said, as tlu* su|N*r- Intondent and hoard allege of the principal, tlmt the board was intentionally, willfully, and maliciously wrong about this. It was wrong, but it may have become Infatuated with theories which Impelled its course, and it may have been under petition! pressure 4 which really forced It to think that the exigencies of the situation demanded It. The matter is given place here for the enlighten- ment nnd guidance of other hoard* In similar or analogous situations, and in eager anticipation of the time when partisanship shall not dare to obtrude upon the management of the schools. ^ It must be understood that a teacher is entitled to a fair chance for Ids life, and that a teacher's place Is not to be the football of politics, or pnrtlzanshlp in other form. If a teacher to whom the taw gives n i»ermanent tenure through good behavior, nnd declares that he can only bo removed for onus**, 'Is to be ^ removed, the cause must he a reasonable one nnd the proceedings lending up to the determination must be so conducted as to establish the cause nnd yet protect the teacher's rights. The commissioner of ednogtlon takes no flabby or indifferent view of the need of organisation, of respect for official directions, of obedience to constituted authority. But the organisation must rest upon sound fundamental principles, RECENT SUPREME COURT DECISIONS. 308 the directions must square with rensoifnnd right, nnd the authority must be exclusively actuated by the high aims ttf the (ducat Iona l system and Ik* safely within tlie law which regulates the schools. When It is so, authority is entitled to hom»r for any aggressiveness It may show ; and when It is not, he who resists * it is also entitled to honor, It is hard for anyone to, lose employment. It Is still harder for one to low employment as a teacher at a time of the year which practically makes reem- ployment Impossible for nine nr ten months. It comes pretty close to annihila- tion when a teacher is peremptorily dismissed in the presence of all the ]x*ople * of a considerable city, and with the fall knowledge of all teachers in the State and country, from so conspicuous a position as the princl]>nisldp of the Troy High School, when J i Is proclaimed that it Is done for IneotninMenee, neglect of duty, ffttentlmml lmi'Indrnlnlstrnt ion. willful misconduct In office, malicious con- duct unlKM'uming a teacher, and all the ether things Hint come tactile mind of a young corporation counsel ..assigned the duty of drawing charges and making a raw?. The teacher in this case" was in a conspicuous and responsible ixmltlou. He was honnljo endeavor to work quietly and liarnionlously with all others who had tin* ttHH\ of (lit* schouls lu view, and imrticularly with those la official auTlmrlt/ over him. He was bffiind to he patient, to carry himself with steadi- ness' anti dignity, and even to suffer much in the interest* of the common good, lint he was a man of character and education. He had had considerable ex- perience in tin* phiee lit* held, lit* was not an old man, incapable of further progress and yet letter accomplishments. The school over which he presided was ilium his lieart. He was entitled to he treated like a man, to he regarded for Hit* public servlet* lit* had rendered. lie was not. a mere hired mini; he was • entitled to he conferred with about the Interests of Jds school. When t ho board was honest and sane anti deliberate he was hound to act upon their conclusions without cavil, or vacate his place for one who con hi. If he could not do that," then lu* was im*om|M-tent for such a trust, mid If under such circumstances he would not vacate Ills place, then the hoard could remove him nt a time nnd in a way which would.lnfllct ip> more ii|m>ii him than the circumstances made reasonable and tin* needs nf the school made Imperative, An offense against good judgment or disagreements with tin* hoapl which need not force an often nipt lire if nmungnl by men of sense, which might he sufficient to warrant a request for his resignation nr oven a removal from position in the vacation . ^ "time, might come short of sup|torthig spelt decisive action at a time when the schools were o|h,mi and the situation called for toleration and i\o unnecessary cnnmiot ton. A Wln*n tlie bmrd became possessed of a purimst to* (juRt him Jn * the middle of the school year without substantial cause, he was not bound to acquiesce; the law is against -t ha t ami it protected him. It wa,s prociseiv for tills purpose that the provisions concerning the tenure of teachers In the uniform charter of cities of the sivond class was inserhd. The appeal is sutfniatHl. and the aoUon nf the respondent removing the appellant from, t lie priueipalshlp of the Troy High Schools declared to he of no effect. It Is ordered that the hoard of education of the cl tv of Troy fort h with recog- nize said Margn H. Walrath as principal of the Troy High School, charged with nil the resiNmslbillt ies and authority, and entitled to nil of the prerogatives and emoluments of said position the s;inie as lie would have been It the action of said board of education taken December *1, removing him from said position laid not lava taken. This decision must be tiled with tin* clerk of the board of mlueatlon of the city of Troy, and notin* thereof 1 h* by him given tip the upiHdhnit and respondent, with opportunity to examine the same. April 0, llMXU / ) II. New York. IMarris r. Proper (Supreme Court. New York, h peel* I term. < Uentft*Uer Count? FVbru- ary, 10D N. V. Sup., P8H.j Application of Edwin 8. Harris for a writ of prohibition against Andrew 8. Draper, as commissioner of education of the 8tat5 of N eyr York, and Elias P, Mann, individually aud us mayor of the city of Troy, to restrain a further prosecution and- hearing of an appeal taken by the respondent Mann from a 804 STATE SCHOOL, 8Y8T^MS : LEGISLATION, ETC., 1906-8. Im decision ofphe board of education of the city of Troy dismissing charges pre- ferred agninBt relator us superintendent of schools of such city. Writ dls- ribs^d. irejTS. J. An alternative writ of prohibition hns heretofore been granted In this matter restraining the defendant, Andrew 8. Draijer, as commissioner of education of the State of New York, from hearing a certain appeal taken by Ellas P. Xln nn.’ Individually and as mayor of the city of Troy, from n decision ■of the board of education of the city of Troy on charges preferred against Edwin 8. Harris, the relator, su|»erlutendeiit of schools of wild city of Troy, by skid Mann# the defendant, which charges were dismissed by the said hoard of education after a trial thereof. An appeal was taken bv said Ellas 1\ Mann from the decision of said hoard of education to the defendant. Andrew S. Draj>er, commissioner of education. The question was urgiuxl Ik* fore wild com- missioner ns to whether he had Jurisdiction to hear said nppeai, and as a result of wild argument the said L»rui>or decided that he had Jurisdiction to hear and determine the apical from the decision of wild board of education and to review its decision. An application Im now ilmde to make this alternative writ of pro- hibition absolute on the ground that the eofimuNslonev of education has no Juris- diction to hear this appeal. Elias I\ Marpi. individually and as mayor, makes a return objecting to the legal sufficiency of the patters upon which the writ «>f prohibition herein was grauted. and alleging that the said Draper hns Jurlsdlc- tlou of the apical referral to in the petition herein. Practically all the questions submitted here wen* decided In People- of the Slate of New York ex rel. Martin H. Walrnth. appellant, r. Trank E. O'Brien and Others, Acting as Commissioners of Education of and for t tie City of Troy, reH|K>udents (112 App. I)iv., 07, 07 N. Y. Supp., 111.7), except in that case the re hi tor therein conceded (1) that the public schools of Troy were common schools, and (2) that chapter TOO, page VM}, of the Diws of 11>02. including the city of Troy. Is an act pertaining to common schools, which matters are not, conceded here by this relator, bqt are denied. We shall address ourselves then to those two questions. V\ e find by chapter Ob of the Ijiws of 1 SO 7 an act passed to raise a fund for the encouragement of common schools, Chapter .'i2 of the 1 >a\vs of 1S07 is an act further to I no ream* the common school fund. In chapter 21 r> of the Ijiws of 1 81 L. outl tlerlntendont of public Instruction," until the act (chap: 40. p. 1M. of the Laws of 1004) was passed which repealed the last not on that subject* as to the title of the office, and designated nu officer with substantia Uy the same and additional duties ns the ” commissioner of education," which 'position Is now held by the defendant Drni>er. Chapter 131, ppge 120. of the I>nws of 1810 is entitled "An act to incorporate the city of Troy.” Commencing with the preamble of section 40 of that net. and Including sections *40 to 47, inclusive, provision Is made for school and educational matters in said-city. Section 42 thereof provides .that the school trustees, whose election ft provided for In that statute, shall bef required to per- form the duties of inspectors and trustees under the "act for the better estab- lishment^ common schools," subject to such regulations as the common council ofwld city shall make, flection 43 provided that the moneys which shall arise from the distribution of the school fund shall be appropriated to the support Of the city a schools by the commies! oners of schools. By chapter 108, page 290, J HBCENT SUPREME COURT DECISIONS. 305 of the I^s 0fl8& the legislature amended the charter of the city of Trov and |)r° v ded foe the establishment of free schools In said dtv. Section 3 thereof provided among other things, that the said city i n Its corporate capacity should he able to hold and dlB|>ose of any real or pe racial estate transferred to It hv Itcqueat or devise for the use of\the common JTools of th#&ld dtv Section provided that the common council of the slid city might make appointment of commlHflloners of the common schools. Section 1) provided how nnv comm Is- sinner of common schools might he removed, and section 10 provided that the comniissloners of .common schools In said city shall constitute a board to be s yl«l the " hoard of education of the city of Troy.*’ By subdivision 1 of sec- tion 14 It was provided that said hoard shnll have pox^er. and It shall be their duty to establish and organize in the several wards of said city such nml ho many schools (Including t lie common school a now existing therein) as ihev shnll deem requisite and exj>edient ; and by subdivision 9, ■* to have In all r^- R|*e<*l s the sni>erlnteiidence. sii|)erviRion. and management of the common schools in wild city; nnd by section 22, nil moneys received by Raid eitv for or on account of the common scimols should d^toslted with' the ohanihorlain of the said city to the credit of the board of educat^n, to he used bv* wild board of education In accordance with the provisions of that act. Rv chapter ISrt page dob. of the Laws of 1851 (section 0). provision was made for election of further mmnnlHsloners of common schools In said city of Troy. Rv chapter 12D ,inRt ‘ “tL' * J,WS of 1872. wlilcli was nu act to amend t tin charter of the 0 ty of Troy, it was provided, among other things, that the officers of wild dtv should consist of two comniissloners of common schools for each ward and van our other officers thereliUHifllHT Chapter 80. page 120, of the Laws of 1.802. was "An act to organize n’ hoard of school commissioners in and for the dtv * * ; v l )rovi(le for the government nnd snp]»ort of the public schools n sn . , ** provided for n hoard of sc* veil school comniissloners, to be appointed by the mayor of wild city, to take the Jilnce of the existing board of hcIioo! commissioners. Said board wns given authority to appoint a superin- tendent of schools for the elty of Truy. ami was given, the control nnd manage- ment of the seven) 1 public schools of the city of Troy, and shall possead nnd exercise nil the powers now assessed by the present board of school connnis- si oners In said city, except ns In said act provided. Section 11. subdivision 1 provided that wild board shall have power, nnd it shnll lie their dutv, to es- nbllsh and* organize sm-h nnd sominny schools. Including the common schools mm exls.lng, therein, ns they shall deem requisite or expedient, and to alter and dlwoHtlmie the same. by section 7 thereof to pay the wages of school teach- ers out of moneys appropriate nnd provided by law for the sup|iort of schools In wild city as far ns the same shall be sufficient, and by section 12 to make nnd nnmml'lv *° ***** Ht( U e suf»erlntcndent of public Instruction a rejvftrt In writing . ?T tion ^ of the constitution of the State of New York, adopted in 18erintendeut shall be dismissed from his office." I think, from this brief examination* of the legislation relating to the school* of this State if nd the city of Troy, it must be fairly apparent that the schools of said city are common schools, part of the common school system of this State. It must also follow, from an examination of said legislation, that chapter 560. i>age 1341, of the Laws oL 11)02. is an act iwtnlnlng to common schools. The title imllcntcH It, and nllwhe sections refer to matters pertaining to the common schools of the cities of the second class in this State. This supplies what was not determined by the nppollnte dlvtson In People ex rel. Walrath v. O'Brien, hereinbefore referral to. It s< k cms to me clear that the legislature Intended the Jurisdiction of the commissioner of education to apply to tin* .Common schools of the cities of the second elafcfvdnriudhig Troy. Hence the api>enl herein Is governed by subdivision 7. section 1. title 14. chapter .V>»>. page 1181, of tlie Laws o.f LSIH, as amended by chapter 40. page 04. of the Laws of lfX>4. which confers ui»oii the commissioner of education the powers and duties of superintendent of public instruction heretofore exercised by the said au)>erlntemlcnt, including the power to determine ap[»eals of this kliul. The iHdnt is made by the relator that the defendant. Mnnp. is nof a ]>ersnii aggrieved within the statute. The statute is: “Any i>erson conceiving himself aggrieved in consequence of any derision made , * * * may ap'poal.” The commissioner being given Jurisdiction of the subject-matter of the np- I»eal. the burden is on the defendant, Mann, to show before the commissioner that he Is aggrieved by the decision of the board of (ducat ion. The same reasoning applies to the further ]*oint made, that under a strict reading of the statute applied to the circumstances of this rase the conunis sinner of education m[ght attempt to decide this np|>enl without notifying the relator, Harris, that It vVns ponding. It. will he time enouglT to provide for a contingency of that kind If it should ever arise. It follows, therefore. Mint the writ of prohibition herein should be dismissed; and an order may be entered vacating or quashing it. STATUS OF EVENING JIIGH SCHOOLS. III. Cal ifmfiia [ Board of Education of Mu* (*ltv and Potmty of Shu I'rnnrlpcu r of Californio, l>rcrnihrr C*. 1 !> 07 », Pit I'.. 117 . Ilyntt (Supreme Court 1 . In bank. Application by the board of education of tin* city and county uf Thin Francisco for n writ of junndfttnun against Edward Ilyatt^/ns superin- tendent of public instruction. Petition dlsmlRsed. Sloss, J. Upou an application to this court I>y the board of education of the city and county of San Francisco for a writ of mandate to comind the state superintendent of public Instruction to Include the IliVnboIdt evening high school In said city. and county among the schools participating In the apitortlon- meat ondent ap|>carcd, and, after tiling a demurrer mid nn answer, entered into a stipulation with the petitioner, agreeing ui>on the essential fnctfl. By section l of the act entitled "An act creating n fund for the benefit and eupixirt of htgh schools and providing for Its distribution,” etc., approved March (*, 1005 (8tat. 1P05, p. 58, chap. 85), provision Is made for the annual levy of a tax for the support of regularly established high schools of the State. The money so collected Is to be turned Into a "statue hlgli-school fund,” created by the net and Is appropriated for the use and support of regularly established state high schools. Sections 3, 4. Section 5 of the act directs the superintendent of public Instruction to apportion the fund to high schools of the State u|*m this ha sis : One-third of the annual amount equally among the county, district; city, union, or Joint union high schools of the State, Irrespective of the number of pupils enrolled \ * A d RECENT SUPREME COURT DECISIONS. 307 or In n\prage dally attendance therein, and the remaining two-thirds pro rata according to the average dally attendee for the last preceding s^ool' year pnnldetl that such high schools have beon organized under the law of the State, nr have been recognized ns existing under the hlgh-wlmo! bnvfi of the state and have maintained thegnuh* of instruftlon n^ptlnM'liv law for I he liigh srhools; ami pmvl<1«l tla.t no srhooi shall he eligible to a share la snidHtato hlgh-wlimd fund that has not during the last prmsling school your eiunloved at least two regularly eertineatod high-sehool teachers fora period of not less than one hundred and eighty days with no! less rbau twenty pupils in average daily at emlnnee tor such length of time * * *; ami provided that before re- aching state aid. each srliool shall furnish satisfactory evidence to the super* imeialent of Public instmetton of the possession of a reasomOdy good wpilpment of hml.ltng. laboratory, and library ami of having maintained, the pns-eding sehoid year .proper high-school Instrnetiou for a term of at least one hundred and eigldy days * * *f’ n appears from the stipulation above referred to hat the Humboldt evening high school was established and organized by the boaid of education of the city and county of San Francisco in October. 1M>7, ut a time when said city ami county was governed by the provision* of* the am* sollda t Ion net and the amendments thereto. l n the establishment and orgnniza- lion of said si-hiMil no election, ns provided by sections 1(170 and Kill of the l Oil heal ( Ode; was held. The sessions of said school are held in the evening oid\. and emit I tine during two hours of each of five evenings iier week ) | respondent n m t ends, Jti the first place. that nmler the constitution of thU Mate no high K’hool holding evening sessions only can he established. This nm ention Is bawd upon smdion (i of article 0 of the eonsfltnthm. providing ! U > U ]U '\ ’t 00 s - vst(,ni slml1 hielude primary and grammar schools, and sm h high w-lioo s evening schools, normal schools, and technical selmuM * m ‘ »' n ‘ *wt»bll.shed by the legislature, or by municipal or district authority.’* , ; >iTMnnent is that the constitution, by enumerating the Virions classes of schools and making evening schools a distinct class In this enumemt ion dls. ting. jtslntl such evening schools frm,, ;ill Mina* classes enumerated, mid that an evening school could nm therefore at the same time be a high school, since high Mlmols form a . lass separately provhlml for hi the section, ltut this argu- ment prmes too mych. It would lead equally well to the conclusion tlmt an v\ cuing school could not he either a primary, a grammar, a normal nr a hvliiiical wdioo . a conclusion which seems on its face to he untenable. We are ' , ,lmt ,lu ‘ f 1 rm ! l, ‘!! s ,lf Uu% rons * It ut Ion. in lucluding in this section the \uads e\ eu ing schools, hi ten. led n> obviate any doubt that might exist iis to he power to provide for schools which should hold their sessions in Hu* even- ing, and that It was not intended thereby to make a separate class of sueli schools hi the sense that evening schools could not.'ns to the nature of \\w " l,nnu ' ,, “ r ° f " H,,mrv - — l'nrtli.T, it Is- objected (lint the Humboldt evening high school was not orgnn- 11,1 election hold undor t In* provisions of sceiinu 111711 ,,f the •so to" hi , rK I‘» 1 % " l,t of M, " rh m *- '»<' of the Mn o hi K osi hisd fond Hu.IUmI to high sohools tlmt - Imvo li.-ca orwnlad/ iindoi the laws of the State. or have been recognized as existing under the hlgle sohool law of tho Stnto. Hy this provision tho net furnishes Its own definition of tho phrase regularly established high schools of the Stale” used |„ tho oiirltor sections, mid impresses tiio .•hnrnctor of regularly established high' J liools upon schools which comply wllh eillier of the Inst quoted rcqulrenieicts of seetam 5. As ti | >| >t'ii rs from tho stipulation, tho Hmnholdt evening ldgl, H'liool was established l.y thy hmfrd of oiinoalhm of the oily ami countv of San I ranoisco In Octolior. l.sti.. Section 1C.10 of tile Political Code roads: “Hoards sn.p oil 011 "r 1 ' 1,1 ci,1( ' s ,mear clear, therefore, that the Humboldt evening high school is a school that has *' been organized uml^the law of the State.” llut. If there were any doubt ns to thejegnllty of the original organiza- tion of the school, two curative acts passed after Its csahlishment, had the effect of obviating any defects existing at the ontse-t. or, at least, of -tanking* It a -school ** recognized as existing under the hlgb-sohbol laws of the State.” An act of March ir>, 1901 < Stat. 1901. p. 290. cjiup. 1-10). provides that “nil pro- ceediugs for the establishment of high schools heretofore osta b life 1km 1 in incur Iterated cities are hereby declared legal.” and In 1905 Jhe legislature amended section 1671 of t lie Political Code, Including In said section e subdivision 11. providing that "all proceedings for the formation and organization -of high school districts and the oRtnblishniont of county, city and county, union, joint union, and district high schools liadiprior to the piu^age and approval of this tut are hereby validated aud declared legal, aniri said high-sclio©! districts and high schools are hereby declared t*» be legally formed, organized, and «*dul> llshcd.*' It Is well settled that the legislature has jrtnver to jhihh imtAouring the failure to comply with statutory req ill remen ts that might originally have l>een diseased with in the proceedings of municipal corporations. (6 Anununl Kng. Kncy. of Luw <2d Ed.), 941.) In tlie receut case of Chase v. Trout. 146 Cfti, 350, 80 I'm*., -SI, this court fully expressed Its views regarding the validity of curative* acts. The statute there in question undertook to * validate de- fective proceedings for the collection of taxes, but the principle declared is no less applicable to proceedings of the kind here involved. (See, also. Hnlrd r. Monroe (Cal. Sup.)* 81) Poe.. 352.) If this school wqs in all other respects entitled to participate as a high school In the apportionment, these curative acts were V I early sudlclent to bring It within tlie statutory delinltlon of a . 'regularly established high school.” The further objection is modi: on behalf of respondent that Hie shortness of the daily session held In the school In. question. I. o„ two hours i>er day. takes the school out of the class of high schools contemplated by the law. While It apienrs that this session Is considerably shorter than that regularly held In tiny high schools, we find no provision of law regulating tlie length of the di\Ily sessions, with (lie exception of flection 1073 of tlie Political Code, which pro* vldes that “no school must be continued u\ session more than six hours j>er day.” No statute provides a minimum duration, mid' If the school compiles with all the requirement*} of law. tlie. fact that Its sessions are of shorter dura tlon than those 7»f ofher high scIkhjIs does not deprive It of the character of a regularly established high school or prevent it from participating in the lieneflts conferred upou regularly established lilgh schools hy tlie tort of March 6, 1905. Hut while the facts already set forth do not. in our opinion, tend to show that the school In question Is not a M regularly established high school of State,” and do not, therefore, furnish any reason for excluding It from the apportion- ment, we think that the stipulation of facts falls to allow that the Humboldt evening high school, considered ns a high flchool. complied with the provisions of section 5 of the act of March 6, 19oT», as to employment of teachers and average dally attendance. It might he Bald that the answer, tested by strict rules of pleading, does not raise a clear issue on this iioint. It may, however.' without, straining the meaning of word s, be construed as ratsing such tsmip, nml Inas- much as tills is n oorftroversy between public btlleers, each of whom is doubtless desirous of ascertaining and informing exnc\ duty under tktf law, we are not dlsisised to allow any technical construction of the pickings to prevent th^ consideration of a question whose determination isaiecessany fo a pr<»|ier under- sending of the rights and obligations arising under the 1 statute In question. The lietitlon alleges, and it is not deuied, that during the school year 1905-6 the Humboldt school employed 26 teachers for not less than one hundred nml eighty. day*, and that the average daily attendance was 546 pupils. It appears that graduates- of grammar schools have been admitted to said school with- out examination. '•(Political Code, sec. 1070, subdivision 13.) A course of In- struction, extending over three years,' and leading ttf a high school diploma, is given, but there Is no suggestion that this course is such as to prepare graduates for admission to the State University, poring the year 1905-6 the school had RECENT SUPREME COURT DECISIONS. ao9 a course of study known as “ Course B,” which extended for a period of five years, and which was adopted by the petitioner to comply with the admission requirements of the University of California. As we have seen, the act of March 0, 1JK)5, limits the distribution of Its benefits to schools which have maintained the (trade of instruction required by law' for the high schools. That grime of instruction, as declared by subdivision 12 of section lfiTO of the Polit- ical Code, is such as will prepare graduates therein for admission into the State l ntversity.” If a school offers two courses, one of will eh falls short of this standard, It does not, to such course, maintain the grade of lnstructijn required by law of high schools. Accordingly, In the case at bar, the Humboldt evening high school In toH>e considers! a h'fcgh school only so far ns concerns the Instruction given and received In “Course B.” But the stipulation /iocs not disclose that it has the requisite number of teachers and pupils in this course it is true that the parties agree that the school, as u whole, has 20 teachers and ,M0 puphs, but It nowhere appears how many of these tcnchess or pupils Tire t-ngag<*d in hlgh-school work and how many ure occupied in the three- Year conrso. which Is not up to the high school standard. Unites ftat part of* the school which can properly be regarded as a high school has two or more regti- iarly certificate] high school teachers and 20 or more pupils hi average daily attendance, no right to apportionment under the statute u rises. Here these r conditions are not shown to exist. That In determining the right of a school to share in the benefits of this act, only those tefffoiers and pupils engaged In high school work can be'consldered. is made manifest by the manner of the anttor- t ton meat. r\Vod birds of the fund is to go to schools In profiortlnn to the nuni- l>er of pupils, In attendance. This must mean the number of pupils who are re- ceiving the grade of instruction required by law. It can not have been intended to distribute a high school fund to schools maintaining a certain gra.de of in- struct ion* and to hase tills distribution on the number of pupils to whom a lower gfade of Instruction is being given. For these reasons wo conclude that the petitioner has on the reconi before us failed to Rhow any right in the Humboldt evening high school to participate m the allotment of tin? high school fund. If. however, It shall furnish to the re- spondent satisfactory evidence of compliance with the requirements of section 5 of the act of March rt, VMM, having regard solely to the teachers and pupils en- gaged and t lie equipment employed In Tourso R“ or nnv other course preimr* irg pupils for admission to the Slate University, It will then he entitled to an allotment of the state fund, based, as to two-tlilrds of the fund, on Hie average dally attendance in*sooh course or courses. We may add that we attach no Importance to the fact thnt “Uourse B ’’ ex- tend® over five years. The only provision of law regulating the length of the U •“ ? U 2i l Mjwbra Period of not less tlmn three years/’ (Political (ode, sec. 10(0, subdivision 12.) That It mav extend over a 'longer period than three years Js clearly shown by subdivision 12 of section 1070 which contains a pro vLaioiVr elating to schools “ where the course of studv em- braces a period of four yenV*/ H , ’ The proceeding is dismissed. We concur : Anqkllotti, J, Henbiiaw, J. I/OBIGA N. J. McFarlAnd, J, *u 8,I £ v i , , JL 1 < 7 >nour * 1 a * It t that the mcre fflct thflt daily. salons Of the Humboldt evening high school are of but two hours’ duration dooR not deprive t of itH character as a high school ftrganlzed under the law'of the State or ns a high school recognized as existing under the high school laws of the State. But I suggest that, in view of the practically universal custom of bolding see- 8lon« of the public schools at least live hours each school day, and the manifest Inequality and lack M uniformity In the law If It Is held to give the same amount for Its support fo a school In session only two infers dally as Is given to one In session three times as long and during each year Imparting pre- sumably three times as much training and Instruction at three times the expense It may be a serious question. If It ever arises, whether the “ average dally at- tendance for the “term of at least one hundred and eighty da vs" required of high schools to entitle them to receive state aid., under the statute, does not a ./ a Iy at,en<1 f nce I or one hundred af d eighty days of, at least substan- o»uy, the n» number of houra as la usual and customary. If the aid can be 810 STATE SCHOOL SYSTEMS: LEGISLATION, ETC*, 1908-8. f’ t j s J) - U :i F y i li secured by two hours’ dally instruction for one hundred and eighty days — that Is, by three hundretl and sixty hours each year — Instead of the customary nine hundred hours each year, why not by means of dally sessions for that period of one hour or lees? STATUS OF KINDERGARTENS. IV. California. (Lob Angeles County r. Kirk, superintendent of public instruction (Supreme Court California. December 27, 1905), 83 I\ r 250.1 Iu bank. Application by the county of Los Angeles for a writ of mandate. , prayed to be directed against Thomas J. Kirk, superintendent of public instrue- Denied. \ Anoelloto, J. This is an application for a writ of mandate compelling the superintendent of public Instruction of the State, in making his apportionment of the state school fund to the various counties, to include and consider, us u part of the average daily attendance of the schools of plaintiff, the attendance of children between the ages of 4 and 5 years who have boeu regularly admitted to the kindergarten classes established hy the educational authorities of certain cities of plaintiff county. It appears from the petition that defendant proposes to Include the attendance of such classes of children between 5 and 0 years of age, but, In view of bis conclusion as to the effect of certain pro- visions of our codes, has determined that children between the ages of 4 and 5 years should not be Included. We do not deem It necessary to consider the argument relative to this position of the defendant, for we have concluded that the point made by the uttorney-genenif"u(>on the argument, to the effect that under our law the attendance upon kindergarten classes can not be considered as a part of the attendance for purposes of apportionment of the state scluxd funu, is well made. The rule laid down by the legislature for the guidance of the superintendent of public Instruction in the apportionment of tlie state school fund is to be found in section 1532 of the Political Code, as amended March IS, 1905. It Is there declared as follows, viz: " It Is the duty of the sui^rlnteudent of public instruction * * * Fourth. To apportion, the state school fund * * * ; In apportioning said fund he shall* apportion to every county and to every city and county two hundred fifty dollars ($250) for every teacher deter, mined and assigned to It on school census by the county or city and county . school superintendent for tbe next preceding school year, as required; * * * and after thus apjwrtlonlng two hundred fifty dollars on teacher o> census , basis, be shall apportion the balance of the state school fund ta the several counties or cities and counties according to their average dally attendance as shown by the reports of the county or city and Aunty school superintendents for the next preceding school year.” The question presented. It will thus be seen, ta as to the meaning of the words "average dally attendance," as used in this section. It Is admitted that in view of the provision of section 0 of article 9 of our constitution, declar- ing that " the entire revenue derived from the state school fund and from the general state school tax shall be applied exclusively to the support of primary and grammar schools," the corresponding provisions of sections 1622 and 1861, Political Code, and the decision of this court in Stocktoo School District r. Wright. 134 Cal., 64; 60 pnc., 84, only the' attendance upon the primary and grammar schools la included within the words "average dally attendance,*' as used in this section. It was clearly shown la tbe case cited, where a similar provision regarding apportionment of state schqol moneys was construed, that it could never have been intended to include attendance upon other schools, such as high schools or dveulng schools, for the maintenance of which no part of the state school money could; under the law, be used. Plaintiff’s case must therefore rest upon its claim that the kindergarten classes are, under the law, part.and parcel of the primary schools of the State, that state school money may be appropriated to their maintenance, and that attendance thereon ta attendance upon "primary schools J* within the meaning of that term as used in the constitutional provision quoted above. This is, in fact, the claim Upon which plaintiff rests its case. The nature and object of kindergarten REGENT SUPREME COURT DECISIONS. ^811 vJ8j classes were quite fully discussed in the case of Sinnott v, Oolombet, 107 CaL, - « 1^" ’ ^29 ; 28X. R, A., 594. It was there shown that the term 44 kinder- garten ** was devised to apply to a system elaborated for the instruction of children of very tender years, which, by guiding, their inclination to play into organized movement and investing their games with an ethical and educa- f tional value, teaches, besides physical exercises, habits of discipline, self- control, harmonious action and purpose, together* with some definite lesson of fact. It is apparent that the work contemplated by such a system is purely preliminary to, and entirely different in character from, the ordinary work of the common school, nnd is. in fact, designed .to fit very young children, whose minds and bodies are, solely because of their tender age, not yet capable of the instruction contemplated in an ordinary school for such school work. It may be conceded that the work contemplated Is of such a character that it might, to some eiteut, be included by the legislature In the general primary school system of the State, Just as it may be conceded that the legislature may extend the general grammar school course so as to Include some subjects that have hitherto been pursued only in the more advanced schools, such as high schools. Rut the statutory provisions upon the subject of the kinder- garten make It clear that the legislature has not made the same a part of the "system of common schools, by which a free school shall be kept up and w supjKtrted in each district at least six months in every year/* which, by section | 5 of article 0 of the constitution, the legislature Is required to provide, but. at j most, has made it only a part, of the ’‘public school system” described in stH tion 0 of the same article, in the same way that high schools, evening ; schools, normal schools, and technical schools established directly by the legislature or by munlclptil or district authority are parts of such public school . I system. The two constitutional provisions cl Jed, taken together, contemplate ! ( (1) the establishment of a* uniform system of "common schools;” including solely the primary and grammar schools, which shall be applicable and man- datory in every school district of the State, as to which all local or si>eclal I laws are expressly forbidden (constitution, sul>d. 27, sec, 25, art. 41, and to I The supiMtrt of which the eutire revenue derived from the state school fund' j and the general state school tax shall be exclusively applied; and (2) the ! establishment, either by the legislature or by municipal or district authority, \ under statutes authorizing the same, of other schools, such as high and tech- nical schools, which, however, can in no degree be supported from the state school fund, hut must obtain their whole support from other sources. The Intention of the framers of the constitution to devote the whole of the revenue <»f the state school fund apd the general state schoolSqx exclusively to the fiiip|>ort of the schools included in the first class mentioned above, viz, those . which are known as " common schools ” and which by the constitution are required to be maintained in every district of the State, Is too clear to admit of question. * Coming to a consideration of the only existing statutory previsions relative to kindergarten schools, we find the following, viz, section *10(13, Political Code, provides that 44 the public schools of California, other than those supported exclusively by the State, shall be classed as high schools, technical schools, ami grammar and primary schools [including kindergarten classes], and ffo teacher shall be employed to teach In any school if the certificate held by the teacher is of a grade below that of the school or class to be taught: • • • /‘rorided, That nothing herein contained shall be, construed as prohibiting the employment of any person holding a valid «i>ecial certificate for kindergarten work heretofore granted * • • as a teacher in any kindergarten class of a primary school * • V* Section 1602. Political Code, provides that “every / school, unless stherwlse provided by law, must be open for the admission of M all children between 6 and 21 years of age residing In the district: * * • Provided, That in cities and towns in which the kindergarten has been adopted or may hereafter be adopted aB part of the public primary schools, children may he admitted to such kindergarten classes at the age of 4 years^l • • • Section 1617, Political Code, provides that 14 the powers and duties Of trustees i of school districts and of boards of education In cities are as iollows: ,• • • * g Ninth, To exclnde from schools children under ft years ofsrfel^rocWed, That ^ In cities and towns In which the kindergarten has bcetfTmopted or may here- after he adopted, as a part of the public primary schools, Children may he admitted to such kindergarten classes at the age of 4 year**’ These are the only provisions relative to the kindergarten that are to be fbund in our statu tea. They show at moat an Intention on the part of tbs ‘j. • ' j V '^ 1 ■ ^ 812 STATS SCHOdt, 8TSTSMB: LMIBLATOE, ETC., 1906-8. lagla] jar© to authorise the maintenance by any district, at Its option, of kin- dergarten classes for tbe doing of a special work preliminary to the beginning of what Is generally designated as primary school work. The fact that It la entirely optional with any district to do or not to do this preliminary special work is alone sufficient to exclude kindergarten classes from the nnlform and mandatory system of common schools called for by section 6 of article 9 of the constitution ^ and, consequently, from the term “ prWfflfty and grammar schools,** as those words are used, in section 6 of the same article, In relation to the use which may he made of the general state school funds, and relegate them to that portion of the “ public school system” which Includes schools constituted by municipal or district authority and maintained from other sources. In view of this fact, the fact that the legislature taay have declared that when tbe kindergarten Is adopted by any district It shall be a pact of the public primary schools, is unavailing, so., far as the question' under con- sideration is concerned. 8uch a declaration might make It a phrt of the public school system, maintainable from other sources than tbe state fund, but could not operate to bring it within the uniform and mandatory system of common schools applicable In every district, and to the support of which the general state funds muBt be exclusively applied, any more than could a declara- tion In regard to a technical or high school established by a district, to the effect that tbe same, If established, shall be a part of the public grammar schools, make such school a part of such syBtem. It must, be borne in mind that we are not In any wny questioning the power of the legislature to add to or take from the course of study to be pursued In the “common schools” of the State, but are simply discussing the status ot a system useful only for the training of children who have not attained the' ordinary scho^age, which It Is left optional with a district, to adopt or not to adopt, in Its rffihion to the “common schools** of the State, to which slone any jwrtlon of the general state fund may be devoted, and our conclusion Is that It Is no more n part of such common schools than Is the high or technical school. Under these cir- cumstances the case of Stockton School District i\ Wright, supra, is conclusive against plaintiff's claim. . , We have no disposition to question the correctness of the decision In Slnnott i>. Colombet, sunrn. That case involved the question ns to the right of n teacher holding a special certificate for kindergarten work to be paid for her .services In teaching kindergarten classes from the “ grammar and primary school fund ” of the city of -8an Jose, which fund consisted of money levied and collected by said city for school purposes within Its limits other than for the maintenance of high schoolsL The kindergarten system had been adopted by the city board of education as a special study to be taught In the ptibllc schools of said city. There wah no question In that case as to whether tbe kindergarten so adopted hnd become a part of the “common school sys- tem ’* of the State, for the, support of which general state school money could be used, and that question was Injno way dlsdussed. The decision, In effect, goes simply this far— that when a city has adopted this special system, the kindergarten becomes a part of the primary schools of such city,' to the extent that It may legally he maintained at the expense of the city, Just as a high or technical school may be so maintained, and does not compel a conclusion that tbe adoption by a district of this special system makes It a part of the “ common schools ** gf the State, or a part of the * 4 primary schools ** of the State, within the meaning of those words as used In the constitution. To construe the decision as warranting any such conclusion would, In our Judgment, make It clearly opposed to the plain Intent of, the constitution. We are Inclined to the opinion that the language of section 6 of article 0 of the constitution Is broad enough to authorise provision by the legislature for the establishment by districts, at their option, of kindergarten schools as a part of the public school system of the State, supported from other soheces than general state school money. At any rate, there Is therein no express prohibition of any sueh provision, and the case of Slnnott v, Colombet, supra, is authority for the proposition that this may be done. v The conclusion we have reached probably avoids 1 all constitutional objec- tions that may be successfully made to the legislation relative to the kinder- garten* Construed "“In this Way, such legislation "dogs not conflict with the requirements of the constitution for a uniform system of common schools In every district of the State, for which alone the general state school money •hall be used; This construction, we think, also overcomes the objection that 1 H the law la applicable only to “dries and towns,” it la violative # RECENT SUPREME COURT DECISIONS, of other provisions of the constitution relative to local or special laws. Regard- ing. the kindergartens as n special mode of education, to he adopted and main- tained at their own expense by such communities as desire them, there appear to be natural and Intrinsic reasons which would warrant legislation making pmvlslou for their establishment In cities and towns, for we can not conceive that there could be any demand for or any possibility of the successful 'prac- tical working of such a system outside of the centers of population, such as cities and towns, where there are a sufficient number of children of ‘kinder- garten age near enough to the school to avail themselves of the privilege thereof. The alternative writ of mandate heretofore Issued Is discharged and ' the application for a peremptory writ Is denied. We concur: ' McFarland, J. Van Dyke, J. Henshaw, J. IXJBIGAlt, J. IlEATTY, J. ShaW. J., deeming himself disqualified, does not participate In the foregoing. SECTARIAN INSTRUCTION — BIBLE READING. V. New York. [O’Connor r. Hendrick, school trustor, et al. 1 Court of Appeals of New York, April 17, , 1906), 77 N*. K.. 612.] Appeal from supreme court, api>ellnte division, fourth department. Action by Norn O’Connor against Patrick Hendrick, trustee of school district No. 9, town of Limn, and others. From n Judgment of the np()ellnte division (96 X. Y. Supp., 101, 109 App. Dlv., 301), affirming the Judgment In favor of defendants, plaintiff appeals. Affirmed. The [>ln Intiff and Elizabeth E. Dowd, being teachers duly licensed to teach in the common schools of this State, entered Into contracts with the board of trustees of school district No. 9, In the town of Lima, county of Livingston, In the autumn of 1902, to teach In the public school of said district for a term of thirty-six 'consecutive weeks at a specified, rate of comiwnsotlon. While so engaged In teaching they wore the distinctive dress or costpme of a religious society connected with the Ilomnn Catholic Church, of which they were mem- bers. which society Is known as the “ Order.of the Sisterhood of St. Joseph.** On May 28, 1903, the state superintendent, of public Instruction promulgated a decision made by- him upon an appeal under the consolidated school law (Laws 1894, p. 1278, chap. 550, title 14), In which he declared thnt the wearing of oti unusual dress or garb, worn- exclusively by members of one religious denomina- tion for the purpose of indicating membership In that denomination, by toe teachers in the public schools during school hours while teaching therein, son- stitutes a sectarian Influence and the teaching of a denominational tenet or doctrine, which ought'not to be persisted in. The decision further declared It to be the duty of the school authorities to require such teachers to discontinue the wearing of such dress or garb while In the public school room and in the I>erformanceof their duties as teachers therein, and It directed Patrick Hendrick, one of tile defendants herein, ffs sole trustee of school district No. 9, In the town of Lima, Livingston County, to notify the plaintiff and Elisabeth E, Dowd forthwith to discontinue, during the school hours of each school day, the wearing of the distinctive dress of the sisterhood to which they belonged, and com- manded him tt> dismiss them If they refused to comply with this requirement On May 29, 1908, the said Patrick Hendrick notified the plaintiff and Elisabeth R. Dowd of the contents of the decision. Notwithstanding this notification they continued to teach school wearing the prohibited garb up to, June 19, 1903, which was the end of the school-year. Mr, Hendrick, the school trustee, does not appear to have made any effort to remove or dismiss them. The present action was brought against him by the plaintiff. In her own' 1 behalf and as assignee of \ ' 814 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1906-8, the claim of Elizabeth E. Dowd, to recover a bn lance of $79.20 alleged to be due under their contracts with the school district. Mr. Hendrick defended on the ground that the plaintiff and her assignor had lost all right to recover any- thing under their contracts by reason of the fact that they had contiuued to wear the distinctive costume of the religious sisterhood to which they belonged, while engaged in teaching,, after they had received notice of the aforesaid decision of the state sui>erintendent of public Instruction. The other defendants, who were taxpayers allowed to Intervene at their own instance, also interposed au answer setting up a similar defense. The case was tried by consent without a Jury before a Justice of the supreme court, who held that t lie plaintiff was * entitled to recover $25.20, being the amount of the compensation of the two teachers which had been earned, but not paid, prior to the time when they were notified of the superintendent's decision. He held, however, that the plaintiff and her assignor were not ei. titled to recover for any services rendered during the three weeks in which they continued to teach after the decision of the superintendent had been brought to their attention. From the Judgment ren- dered at the trial tdrm the plaintiff appealed to the appellate division, where that judgment has been affirmed by*a divided court. \V ii. lard Rartlktt, (after stating the facts). The real question iu this case Is whether the plaintiff and the plaintiff's assignor lost their right to any further condensation under their contract dt service as teachers by reason of their refusal to comply with a regulation established by the state superintendent of public instruction, which in effect prohibited teachers from wearing a dis- tinctive religions garb while engaged in the work of teaching. The’ order made * by the sui»erintemk»nt on the subject was In 'form the decision of an appeal. The consolidated school law ns then in force provided for certain appeals to the state superintendent of public Instruction by any person conceiving himself Aggrieved in consequence of any decision made by various officers, Including a decision by the trustees of any district in paying any teacher. (Laws, 1894, p. 1278, chap. 55(5, title 14, sec. 1.) One Alfred K. Hates prosecuted au appeal under the statute to review the action of Ka trick Hendrick ns school trustee of school district No. 9, in the town of Lima, In employing the plaintiff and Elizabeth E. Dowd as teachers, and allowing them to teach while wearing the distinctive dress of the Roman Catholic religious order known ns the “Sisterhood of St. Joseph/’ and It was Upon this apical that the su]>eriu- tendent promulgated the order prohibiting teachers from wearing thecostume In question w hile engaged in the actual work of teaching. Neither tbe^Vnlntlff nor Elizabeth E. Dowd was a party to the proceedings thus, brought before the superintendent, nor does it appear that they had any knowledge of it while it - was pending. It is plain, therefore, that It could have bad no effect upon their , rights considered, ns a judicial decision or prior adjudication. It seems to me, however, that It may be and should be viewed In anotherHlght, and, if thus re- garded, that It constituted a rule of conduct which the plaintiff aud her fellow- teacher were bound to obey. Although a decision In form, it was in fact a * regulation in regard to the management of the common schools which the title 1, sec. 8.) The statute further prescribed that he should submit to the legislature an annual report containing, among other things, “a statement *of the condition of the common schools ,of the State, and of ail other schools and Institutions under hlR supervision, and subject to his visitation as superin- tendent," (Laws, 1894, p. 1188, chap. 556, title 1, sec. 9, subd. 1.) It also gave him the power to remove any school commissioner or other school officer whenever it should be proved to hts satisfaction that any such school com- missioner had been guilty of any willful violation or neglect of duty under the statute or of ** willfully disobeying any decision, order, or regulation M of the superintendent (Title 1, sec. 18.) superintendent had the right to establish, provided, only, that it was reasonable In its chpwtffer and not In conflict with the laws of the state or public ]>olicy. 'WJM’rtT It is true that there Is no express grant of authority -to the state sjifterintendent of public instruction (now the commissioner of education under Tin Ideation act. Laws 19(M, p. IM, chap. 40) in the consolidated school law to establish regulations, ns to the management of the common schools, the existence of a general power of supervision on his part ovep such schools Is eJcarly Implied In many ptfrts of the statute. Among other things he was re- quired, so far ns he could consistently with his other duties, to visit such of the common schools as he saw fit, and Inquire into their course of Instruction, management, and discipline, and advise and encourage the pupils, teachers, and officers thereof. (Consolidated school law, Laws 18»4, p. 1185, chap. 556. £ RECENT •SUPREME COT7BT DECISIONS. 315 The authority to remove an officer for the willful disobedience of a regulation of the superintendent necessarily implies a power on the part of the superin- tendent to make regulations; and, as has already been suggested, if the superin- tendent possessed the power to establish regulations in regard to the manage- ment of the common schools, the courts will not prouounce *such regulations Invalid 11 u less they are unlawful or un rentable. In arriving at a determina- tion as to its validity a regulation In reference to the management of the com- mon schools established by an officer under statutory authority Is to be tested by rules similar to those which would upply in the case of a municipal ordinance, as to which the rule Is that '‘ordinances passed In virtue of th(^ Implied power must be reft sou able, consonant with the geueral powers and purposes of the corporation, and not inconsistent wMth the luws or policy of the State.” (I Dil- lon’s Municipal Corporations (4th Ed.), section. 319.) The rule which seems to be applicable here wus ^enunciated aud applied by the supreme court of Illinois In the case of Rulison v. Post (79 111., 507), where the statutory (kjtles of school directors were under consideration, and It was said; ’‘In the per- formance of their duty in' carrying the law Into effect, the directors may pre- scribe proi>er rules and regulations for the government of the schools of their district, and enforce them. They may, no doubt, classify the scholars, regulate their studies and their (h^prtment, the hours to be taught, besides the per- formance of other dutles^flBlfssary to promote the success and secure the well- being of such schools. Rut all such rules and regulations n»ust be reasonable, and calculated to promote tbe objects of*the law— the couferrlng of such an education uinm all, free of charge.” Another ease Involving a similar question Is Trustees of Schools r. People (87 111., 303, 29 Am. Rep., 55), where It was held that a regulation by school trustees excluding n pupil from a high school because his father did no* wish him to study grammar therein was arbitrary ajul unreasonable and could not be enforced. We are thus brought to the question whether In thl^ State n regulation is to be deemed unreasonable which prohibits teachers In the common pchools from wearing a distinctively religions garb while engaged In the work of teaching. In my opinion It can not Justly be so regurdod. •• Neither the State,” says the constitution, “ nor any subdivision thereof, shall use Its property or credit or any public money, or authorize or permit either to be used, directly or Indirectly, in aid or maintenance, other than for examination or Inspection* of any school or Institution of learning wholly or In part under the control or direction at any religious .denomination, or In which any deuomluatlonal tenet or doctrine .is taught.” (Constitution, art. 1), sec. 4.) Here we have the plainest pos- sible declaration of the public policy of the State as opposed to the prevalence of sectarian Influences Iu the public schools. The regulation established by the state superintendent of public Instruction through the agency of his order In the Bates 'appeal Is In accord with the public policy thus evidenced by the fundamental law. There can be little doubt that the effect of the costume worn by these Sisters Vf St. Joseph at all times in the presence of their pupils would be to Inspire resi>ect. If not syinpftihy, for the religious denomination to which they so manifestly belong. To this extent the Influence was sectarian, even If It did not amount to the teaching Of denomlnatlonnl doctrine. A different' view was taken by the supreme court of Uennarlvanla In the case of Hysong t\ School blyfrlct (164 Pn., 629, 654 ; 30 Atl. 4S2; 26 L. R. A., 203; 44 Am. St. Kep., 632), wlere it was held that school districts might employ as teachers sisters of a religious order of the Roman Catholic Church, and permit them while teaching to wear the garb of their order, provided lio religious sectarian instruction should be given, nor any religious sectarian exercises engaged in. There was a dissenting opinion In that case, however, strongly reasoned in support of the conclusion that a school conducted similarly to that In the case at bar was iu effect domlnnted by sectarian Influence. The teachers, said Mr. Justice Wil- liams lu this dissenting opinion, M come into the schools, hot, as common-school teachers or as civilians, but as the representatives of a particular order In a jmrtlcular church, whose lives have been dedicated to religious work unddr the direction of that church. Now, the point of the objection is not that their religion disqualified them. It does not. Nor is It thought that church mem- bership disqualifies them. It does not It Is not that holding an ecclesiastical office or position disqualifies, for It does not It Is the Introduction Into the schools as teachers of persons who are by their striking and distinctive eccle- siastical robes necessarily and constantly asserting their membership in a par- ticular church, add In a religions order within that church, and tbe subjection of their lives to the direction and control of Its officers.” ERjt 816 STATE SCHOOL SYSTEMS : LEGISLATION , ETC., 1900-8. \ As to the reasonableness of the regulation prohibiting the nse of a distinctive religious garb^y teachers in tbe common schools, some other considerations may be mentioned. It must be conceded tbat some control over the habiliments of teachers Is essential to the proper conduct of such schools. Thus grotesque vagaries in costume could not be permitted without being destructive of good order And discipline. So, also, it would be manifestly proper to prohibit the wearing of badges calculated on particular occasions to constitute cnuBe of offense to a considerable number of pupils, ns, for example, the display of orange ribbons In a public school In a Roman Catholic community on July 12. It Is suggested In the brief of the learned counsel for the appellant that if the atate superintendent co'^d order these teachers to refrain from wearing their distinctive religious costumes he could just as lawfully direct them to don a dress of any other pattern, or compel a teacher to remove a gown because it was too plain or too gay, or that be might order the principal to cut off his beard or color his mustache. The obvious answer to these suggestions and others of a similar character is that no^egulatlon would he valid which was manifestly unreasonable, because it would then be unauthorized by fnw. The views which have aJrendy been expressed substantially disuse of all the points argued in behalf of the appellant, aaAvell as those suggested in the dis- senting opinion below, except the proposition that the'stnte superintendent had no right to annul n valid contract between a teacher and the school district by which she was employed. The projiosltion fs correct, but It hns no application in the present case, because a contract between the trustees and the teacher of a common school Is, by implication, subjWt to the power of the superintend- ent to make reasonable regulations as to the management of the school. This being the case, the superintendent does not annul a valid contract by insisting that such reasonable regulations shall be observed, for by entering into the contract the teacher assumes tlfe implied obligation to obey such regulations. It follow 8 that the judgment appealed t-om should be affirmed with costs. In reaching this result, however, I do not wish to be understood as acquiescing In that part of the opinion below in which it is asserted that "these sisters should never be permitted to teach in our public schools." There is no reason either In morals or in law why they or any other qualified jtersons should not be allowed thus to reach, whatever may be their religious convictions, pro- vided that they do not by their acts as teacher promote any denominational doctrine or tenet \ VI. Texas. I Church r. Bulloci et «l. (Supreme Court of Texes. April 8. 1008), 100 fl. W., UK.) Error to court of civil appeal 8 of fifth supreme Judicial district. * Mandamus by E. H. Church and others against W. L. Bullock and others, board of trustees of an independent school district, to command the trustees to desist from conducting certain exercises in the schools. There was a judgment of the court of civil appeals (lOOfl. W., 1025) affirming a judgment for defend- ants, and plaintiffs bring error. Affirmed. Baowif, J^Twe adopt the following statement of the case and the conclusions of fact made by* the honorable court of civil appeals: "This is an action for mandamus brought In the district court by appellees against the board of trustee* of the public school of the city of Corsicana, appellees commanding said trustees to desist from conducting certain exercises In said school which are alleged to he religious and sectarian.* Defendants answered by general denial and specially. In substance, that said exercises were neither religions nor sectarian In the sense prohibited by the constitution or laws of this State. A trial before the court without a Jury resulted in favor of defendants, and the plaintiffs appeal. The evidence shows that H. Church does not believe In the inspiration of the Bible, that J. B. Jackson and Mrs. Lita Oarrlty are Roman Catholics, and that M. Cohen and Abe Levine are Jews. All of said parties have children and are patrons of said school. Mrs, Oarrlty and R H. Ohnrch had protested to said trustees and tefcchera against the conducting of said exercises. Jackson, Cohen, and Levine had made no protest. The r test made bad been disregarded by said t r uste es, and their action sustained tike Mate superintendent of public Instruction. Said exercises were con- ducted in pursuance at ike following retoJntiou adopted by tte board of school m m RECENT SUPREME COURT DECISIONS. 817 * ^ trustees of the city of Corsicans, viz, * Whereas, in the opinion of the boayd of school trustees of tb£ Independent school district of the city of Corsicana, it would tend to draw the attention of the pupils away from other affairs and concentrate it upon the school work* and would also tend toward an uplift of the mortfi tone of the student body, to have the daily sessions of our schools begin with n pproprln to opening exercises,” therefore * it resolved by said board that the board will view with favor the Inaugura -r *n by the superin- tendent of a morning "opening exercise" In the high sch >1 and in all the rooms of the several ward schools, in which a Rhort passage the Bible may he read, without comment, by the teachers In charge, the I/)rd * Prayer recited In concert, and appropriate songs sung by the pupils. It is not dended by the hoard, however, to herein prescribe tbe character of such oj>ening exercises, but Is simply desired to indicate to fhe superintendent and teachers that any j rea&onnhte regulations In regard to such morning exercises along the lines above Indicated, established by tbe superintendent will have the sanction and approbation of tbe board.’ The exercises complained of are: ‘The most of the teachers (but not nil of them) rend every morning from the Bible to their classes, and the pupils in almost every room are invited to join in the recital of the Lord's Prayer, and In all the rooms songs are sung by the pupils, usually patriotic songs such ns "America,” and the songs usually found In the music bonks used in the public schools of Texas. These exercises are prescribed by the superintendent of the city sehools under and by virtue of the resolution § [ shown atxwe. and constitute a part of theVegular order of every day, and all children attending the public schools of Corsicana are expected to lie present l during such exercises, and are not excused therefrom, and are marked tardy if not present when such exercises begin. No pupil, however, is required by the teacher In charge to take any active personal part In such exercises, though ail nre Invited by the teachers to do so. the pupils are not required by tbe teacher | to rCi*eat the Lord's Prayer or to join In the songs sung, but are Invited to do so, nml as a matter of fact ns a general thing nearly all pupils Join In the recital of tbe lords’ Prayer and in tbe singing. The only requirement made i and enforced In the opening exorcises of the sebooi is that the pupil shall he present, nml during the exercises belmve in an orderly manner. The only atti- tude or posture which pupils are requested to assume during-the exercises in question is that of bowing tbe hood during the lord’s Prayer, and this is not j rpqnlnMt by tbe teachers of the pupils.' Since the said opening exercises have-* been hold, beginning with the opening of the s< ,*»oIb in September last, the selections from the Bible, which have been read in the several rooms of the schools, have been principally passages from the Old Testament. Including selections from Psalms, Proverbs, and some of the old fnmiltar stories from Hu* uld Testament. Tbe selections rend from the New Testament art 1 usually fhe sermon on the mount and passages of like tenor. In all reading the Bible used Is King James’s version. Since the practice of reading of the Bible was begun as aforesaid in said schools the rending by the several teachers has been without comment, explanation, or attempt at interpretation whatever, •*,T, \V. ('nntwelL superintendent, testified in reference to the character of the exercises, as follows: Rome of the teachers, but not all of them, read from King James’s version of tbe Bible, without comment, select passages from the Old Testament, Psalms, and Proverbs, and also rend appropriate Bible stories, also rend from the sermon on the mount, in the New Testament, and the teach- * ors rej>eat, in concert with the children, the I word’s Prayer, and sing appropriate wings. Witness warned the teachers not to read nnything that would be objec- tionable from the New Testament. The songs that have been sung are mostly patriotic and selecfed from the song books used In the schools. The Bible stories rend were such ns the life of Moses, Joseph, and the other historical characters of the Bible. It was discretionary with the superintendent ( wit- ness) ns to wjrnt portion of the Bible should be read, and be Instructed tbe teachers what should and should not be read. The children nre not conqielled to Join In relating the Ijord's Prayer, nor to Join In the singing, but nre In* j vlted to do so. The children ore Invited to Join in the exercises, but are not t required to do so. They are not required to repeat the Lord’s Prayer or Join in \ singing. They are required to be present, and are marked tardy if absent. The purpose of the exercisea la for the moral iu struct ion of the children. They are not sectarian. In preparing for a Christmas celebration in the primary deportment, In the room of Miss Sallie Evans, some songs were sung which were objected to by Rabbi Stolnltz ns being sectarian, and I had it stopped^ Witness Instructed the teachers that they miurt not read any sectarian passages * Mas i i hi i ■ f , : t 318 STATE SCHOOL SYSTEMS l LEGISLATION, ETC., 1906-S. \ from the B,ble * nor sin* any objectionable songs. Tbe children are Invited to stand up or bow their bends during the repenting of the lord’s Prayer* but are not forced to do so. They are expected to be orderly and respectful during the exercises, If they Ud not Join. In them. All of the touch. :s do not lmv. the snme exercises. Those teachers who use the Bible do not always do so but > vary by substituting standard works of literature. The rending* of the Bible and relating of the lord's Prayer Is not compulsory. “The ten assignments of error presented by the appellants will bo embraced In three pro|M>sltkms. to wit: (J) The said exercises converted the school room Into n place of worship, within tbe intent and meaning of section e compelled to attend, erect, or support any place of worship or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience lb matters of religion, and no preference shall evfcr be given bv law to anv religious society or mode of worship. But It shall be the duty of the legislature to pass such laws as may he necessary to protect equally every religious denomination in the peaceable enjoyment of Its own mode of public 4far»hlp. “•Stc. 7. No money Rim 11 be appropriated or drawn from the treasury for tin* benefit of any sect or religious society, theological or religious seminary. * nor shall probity belonging to the State t>e appropriated for any such pur “ T1, ° provisions ofgirtlcle 7, section 5, relate to the kcIum. 1 fund, and provide * tliat «»hl money shall 'ever he appropriated to or ns.nl for the support of any sectarian school.*’ \Yt» will consider the three propositions upon which the plaintiffs in error rest their caw In the Inverse order of their statement* above. First. Did the exorcist* complained of convert the public schools Into a sect, religious stK'letv, theological or religious seminary V (1) It is scarcely neoes- Rnrv to tiiscuss the proposition that the school v^is converted Into a sivt. The word “sect*’ is defined In the Standard Dictionary as "a body of jHTsnns dis- tinguished by particularities of faith and practice frrtm other bodies ynd adher- ing to the same general system.” The exercises detailed In the testimony M this cast* did not show that them' | arsons were associated together in anv wav whatever except in the character of a common public free school. (2) reli- gions society Is a voluntary association of Individuals or families united for tbe purpose of having a common place of worship and h* provide a prowr teacher to Instruct them In religious doctrines and duties, and to administer the various ordinances of religion.”— (24 Am, and Kng. Enry. \a w, 2d ed * 327.) The school, under the evidence, did not come within the definition of a religions society. <.*t) “A seminary is a place of (‘ducat Ion * • * speclfir- nlly a school for the eminent ion of men for the priesthood or ministry.” -(25 Am. and Kng. Kney. Uw. 2Sfi.) A stun Inary being ” a place of education,” the adjectives “theological or religious “necessarily give ta It the meaning!, of a ' l»lnoc specifically for the preparation of men fof the ministry, or at least for the teaching of religious doctrines. The words are commonly so used the evident intention of the convention which framed tbe constitution wan -to pre- vent the legislature fron^ endowing any such religious or theological schools The 'school at Corsicana was organised under tbe laws of tbe State of Texas, nnd while It might be perverted In actual Instruction to purposes foreign to Its organization. It would not be a theological or religious seminary because some acts of worship were performed therd. ? v Second. The word “ sectarian “ is defined by the- Standard Dictionary as ” pertaining to, peculiar to, or devoted to the Interest of a soot or sects; espe- cially, marked by attachment to a rat or denomination.” However Improper the exercises may have been, there is 7 nothing In the evidence to shdw that they were in tbe interest of or forwarding the views of any one denomination of * People, , It was the purpose of the constitution to forbid the use of public fpnds for the support of any particular denomination of religious iieople, Whether they be Christians or of other religions. The school was not rendered RECENT SUPREME COURT DECISIONS. 819 . sectarian within the meaning of the constitution *by the exercises shown to have been indulged in by the teachers. Third. Did the exercises which tlfe Evidence shows the teachers engaged Id convert the schoolroom into “a place of worship” within the intent and mean- ing of section 0, articled, of the constitution? A brief statement of the condi- tions that existed in Texas under the Mexican Republic will aid us to under- stand the provisions of our constitution. Prior to the revolution of 1 K3G the Catholic was the established religion of the Republic of Mexico, and all citizens of Texas were required to conform to the teaclii ngs oh hat church/ It was Hti|h IK»rted Ity the Government, and by taxation the citizens were comj>ell^i to con- tribute thereto. One of the charges made against the Republic of-Mexico In the declaration of independence was, "It denies us the right of worshiping the Almighty according to the dictates of our own conscience by the sup[K>rt of a national religion calculated to promote the temporal Interest, of Its human functionaries rather than the £lory of the true and living God.” The third division *>f the declaration of riglits In the constitution of the Republic of Texas reads as follows: “No preference*8hall be given by law to any religious dcnnndunt i. n or mode of worship over another, Inn every i>orson shall Ik? j»er- •*ii>tt(Ml to worship God according to the dictates of his own couseienee." The const itution of the State of Texas, framed in lS4o, contains p action lly the same provision as is now embraced in the constitution #oif this State In these words: " Siv. 4. All men have a natural and Indefeustbu/ right to worship (Sod accord- ing to the dittos of- their own conscience; no man shall bo compel 1 se of that provision of the constitution whs to prevent the legislature from .in any way compelling the attendance of any person upon the worship of a par- ticular church or In any manner, by taxation or otherwise, cause any citizen to contribute to the sup|>ort of " any place of worship." As used in the constitu- tion the phrftse “ place of worship " Ninviflcally menus "u place where a number of iKirsous meet together for the puritose of frorshlpiug God” (State r. Swiuk, no N. C.. 402.) The Century Dictionary gives tills definition: "A building or part of a building set apart for any purpose — iis a place of worship.’* The worship of God is not prohibits in any place, hut we are of the opinion that the spirit of the constitution would Include nny plan* at which the worship might be Indulged In ho continuously ami In such a manner ns to give It the character of*" a place of worship.” Buildings nnd institutions erected and • pin inta hied by the State can n«»t he used for such pur)>oses. We do not under- take to state any rule as to wlmt will constitute “a place of worship." That must necessarily del tend upon the facts of each ease. We eon tine ourselves to tin* division of the question. Does the 6vl(lence show that the exercises engaged In by t Inf teachers of tlie school at Corsicana constitute the school building "a place of worship" within tlie meaning of the constitution V To hold that the offering of prayers, either by the repetition of the lord's prayer or otherwise, the Rlugiftg of songs, whether devotional or not, and tlie ^reading of tlie Bible, make tlie place where ^ toll is done a place of worship would produce intolerable results. The house of representatives and the .senate of the state legislature each elect a clmplntn, who, during the Hesslon, dally ofTeis players to Almighty God in behalf of the State, and in the most express manner invokes the Biqiervlslon and oversight of God for tlie lawmakers. In the chattel of the state university building a religious service, consisting of singing song . reding jMrtlons of the Bible, with prayers mid Addressee by ministers nnd uHIers, is held each day. The Young Men's Christian Association hold their services In that building each Ixird’B day, and tlie Young Women’s Christian Association has a like service in another public building. At the blind institute on each lord's day prayers are offered, songs are sung, Sunday school Is taught, and addresses mode to the children with regard to religious matters. Devdnt persons visit our prisons and offer prayers for ihosc who are confined. An annual appropriation is made for a chaplain for the |>enlteiAlnry. In fact, Chrisnanfty Is so interwoven with the web and woof of the state govern- * ment that to sustain the contention that the constitution prohibits reading the Bible, offering prayers, or singing songs of n religious churn eter hi nny public build lug of the Government would produce a condition bordering upon moral anarchy. The absyrd and hurtful consequences furnish a strong argument ♦ 820 STATE SCHOOL systems: legislation, etc., against the soundness of the proposition. The right to Instruct the young In the morality of the Rlble might he carried to such extent in the public schools as would make It obnoxious to the constitutional Inhibition, not because (!nd Is worshiped, but because by the character of the services the place would he * made ”a place of. worship.” There Is no difference In the protection given by our constitution between citizens of this State on account of religious tsdlefs; all arc embraced In Its 4 broad language and are entitled to the protection guaranteed thereby; but It does not follow that one or more Individuals have the right to have the courts deny the itoople the privilege of having their children Instructed in the moral truths of the Rlble because such objectors do not desire that their oyvu children sljall l>e imrtlcipnnts therein. This would be to starve the moral and spiritual natures of the many out of deference to the few. The cases are in conflict upon the questions discussed In this opinion, but we believe the following sustain our conclusion by sound reasoning: Moon- r. Monroe, <>4 Iowa, :it»7 : 20 N. \V.. 475; 52 Am. Rep., 444. Pfeiffer r. Hoard of Education, 118 Mich., 500; 77 X. \\\. ’ 250 ; 4IA L. R. A., 5,‘tO. Hnckett r. RrooUsville School, 12U Ky., 00* ; N7 S. \\\, 792; 09 L. It. A., 592; 117 Aim St. Rep., 599. The Judgments of the district court and court of civil appeals arc nlUrmed. HEALTH REGULATIONS— VACCINATION. e* VII. Illinois. J People t\ Hoard of Kduentlnn «*f I hr CHy nf I'klrnim iSnpr'-mr t'mirf nf Illinois, April * * litOH, rt’hi’orlng denied .lune lUOSi, >- 1 N '!■; , 104U.1 Appeal from circuit court. Cook County: .1. \\ . Mini. Judge. Petition for mandamus by the jieuple, on relation of Louise Jenkins, against the hoard of education of the City of Chicago. Prom a Judgment dismissing the petition relator appeals. Reversed and remanded. Cartwkiciit, .1. Louise Jenkins, by her next friend, tiled her petition hi the -name of the iwople. In the circuit court of Cook County, against the hoard of education of the oitj* of Chicago, and therein alleged that she was a resident of the city, 0 years of age, a daughter of I). F. D. Jenkins, a resident and tax- payer of said city, and that on October 29, 1907, she applied for admission ns a pupil to the John Flske School, which she was entitl'd to attend, and was denied i „ admission to the said school by the hoard of education because she rcftised to ho vaccinated, and she prayed for a writ of mandamus commanding tin* hoard to admit her to the public schools. The^board of education answered, making no denial of the averments of fact contained In tlie [Hdltlou, which were therefore admitted to be true, but Retting up In Just mention of the » vclusiou of the relator an ordinance of the city of Chicago and Instructions by the health department to enforce such ordinance. The relator demurred to the answer, and the court overruled the demurrer. The relator elated to stand by the demurrer, and Judgment was entered agnlnst her, dismissing the iietltlon and for costs. An appeal to this court was prayed for, and the trial Judge certilied that the valid- ity of the city ordinance was Involved, and In his opinion public Interest re- quired that an appeal should tie taken direct to this court, In pursuance of sec tton 118 of the practice act. (Laws 1907, p. 467.) The appeal was allowed and perfected, and the record has been tiled In this court. The constitution requires the general assembly to provide a thorough and efficient system of free schools, whereby all children In this State may receive a good common-school- education, and the statute provides for establishing and keeping In oi^atlon such bc1hx>Is for the nccoinniodatlotf"N^*#l children over the . age of 0 aud under the age of 21 years* The right to attend the public school In the district where the relator resides Is therefore given to her by the law, and the duty to admit her and to maintain the school rests upon the board of education. The legislature have never made It a condition precedent to the exercise of the legal right to attend the public schools that children shall be vaccinated, and the question whether power to do that exists Is not Involved In this case. The petition alleges, and the answer does not deny, that the de- fendants denied to the relator admission' to the John Flske School, but the BECENT SUPREME COURT DECISIONS. 321 1 V answer sets up ns Justification for the exclusion nn ordinance of the city of < ldcjigo. Not (*^ty hnvo. the legislature ne\(*r prescribed vaccination ns a con- dition to t lie- enjoy meat of the legal right to attend public schools, but they have never eonferml ti|H>n cities the power to do so. If the city of Chicago lin s*i tower to pass any ordinance on the subject, the ]xiwer Is derived from the authority conferred u(ij passed on March 1'U. and the only section relating to exclusion from sclinuls is section whieli is as follow : ** principal or itcrsmi in charge or oontrol of any school slnil! admit to such school any child who shall not have been \iiccinated within seven years next preceding the admission or application (or tjdmission to any such school of such child, nor shall any such principal or person retain In or permit to atteAd any such school any child who shall not ha\c been vaccinated as provided In this article.” The general police powers above enumerated to pass ordinances and make ropilnl ions for the promotion of health or the suppression of disease do not fn- • niie the passage of sucli an ordinance as this, which makes vaccination a eon* ditloa pnM'Hlent to the right to an (duration. An ordinance passed by reason of sm*li authority must he reasonable in Its character am] rest upon the ground that it is a necessary means of preserving the public health. In the case of Potts r. Itreen ( PIT III., <»7 ; 47 N. Ik, *P: ll\\ L. 1{. A.. r»!> Am. St. Uep., it was held tliat t he exclusion of a child from a public school because of n refusal to he \ a reunited can only he justified where siu.i course is necessary, or reason- ably npiH'urs to J>e necessary, In case of fin exlMing or threatened* epidemic of smallpox, and to prrwnt the spread of the disease. In the ease of Ijiwbaugli r. Hoard of Kduoatiim (177 III.. . r ,7‘J; W2 N. K.. SoO) the court adhered to those principles, ami (hxdined to flirt iier discuss them, although earnestly urged to reconsider the former division. Section lUr.r, is null and void and 'affords no Just Miration for denying: relator admission to tfie John Flsko School, whether the denial of her legal right was at (In* instance of the health commissioner, the health department, or any other antliorny. f i In* only other section of t ho ordinance which 1ms any relation to schools, or which purports to give any authority resi>ectiiig them to the health com- missioner or health department, is section l‘J. r kt, and It does uot purport Jo give any authority to exclude' children from schools. It provides -that the commis- sioner of health, or any officer of* the health department designated and author- a I ze* to act by such oomniiKsiutier, shall have (tower to oilier any of certain enu- merated buildings and places, among which are nchnollntuscs, under certain « cir- cumstances, and that sucli commissioner or ottlcer shall have power to vaccinate any person found in such building or place whom lie shall deem it necessary or advisable to vaccinate. It further purjxirtH to authorize the commissioner, at any time when smallpox is prevalont or an epidemic of smnM)tox is or ap- pears to be Imminent, to vaccinate any itorson in the city whom he shall deem it accessary or advisable to vaccinate, provided that such ik'i*soh may be vac- einnted by his own physician in a manner satisfactory to the commissioner. Although this section is set out at length in the answer. It ia noralieged that the commissioner was attempting to vncciimte the relator, and no justitlentiou under Its provisions is attempted. Section 10:tr> of the ordinance purports to give to the commissioner of henJth (tower to make such rules and regulations In relation to the sanitary condition of the city ami for the prevention and suppression of disease, not Inconsistent with the municipal code, ns lie may deem necessary or advisable, but it provides that such rules and regulations shall not take efTwt a ad bo iu force until np- T roved by the city council, except In caws of emergency. The a louver does not- allege that tlie commissioner of henltli made any rules or regulations or flmt any were approved by the city council. The sot . ’ >u further provides that the commissioner may make rules and regulations for the preservation of the public, health In caw of an emergency from contagious or epidemic disease or danger from anticipated or fmjtciHlhtg contagious or epidemic disease, bur such emer- gency rules and regulations sjuill. as soon as nmy he after the promulgating of the same, be retried to t lie city council for approval. Here, again, It does not appear that the commissioner acted under any provision of that section/ or* 63470 — 00— —21 822 ' 8TATE SCHOOL 8YSTEMS : LEGISLATION, ETC., 190&-8., made any rule or regulation, or re|»orte(l any to the city council after promul- gation. , , , ThoAe provisions of the ordinance are the only ones that could In any event have any relation to attendance upon the pulfflc schools, and the only one that wna enforced against the relator wuh Kectlcm 1255. which is null and void. The answer alleg'd as ;i matter of fm-t. that on Ortoher 2!». 1!»07, the dlsr:i*c of HmalliMtx was prevalent in the district in which the John Flake School was hinted, within such a radlns as to make It dangerous fur all IK-rsons therein residing who had not been vaccinated that the commissin.ier of ben It If de- clared sum II pox to he epidemic In said district, and lust met Inns were gjven tty the health department to exclude all children who had nut I teen, vncclnated inV aceordnneo with the terniH of the V.rdlnmice. The terms of the ordinance are) that no child ahull lUtend the piddle schools who lias not been vneoinnted within aevei*- years, and do md constitute a lawful exercise of uy power conferred # upon tile city, 'I'lie health cotmnisslouer Is a purely mtnisTFrlal otlh-er and has no legislative- powers whatever. The ordinance dues not purport to give 1dm authority to exorcist* such powers or to make any rules or regulations. cx< cj t in o i sos of emergency, until they can tic reported to tin* city council for ap- proval or rejection. He cun ordy.be authorized to perform administrative duties hi pursuance of some ordinance of tin* city, and there was tin valid ordi- nance milnorlzbig tin* exclusion of relator from the public school which she iiud ;t legal right In attend. Then* is nothing in the nature of an emergency in the occasional recurrciiet; of tin* well-known disease of smallpox in a wity like Chicago which may not be provided for by general rules and regulations pre- scribed by the legislative authority of the city. 'Hie hoard of education, which has charge of tin* public schools, has made no rub* or regulation on the subject of such epidemics, and neither has the city council. The answer doe« ( imt make known any ordinance, rule, or regulation for the exclusion fsoin the schools of children not vaccinated In the Cvenl that an epidemic of smallpox exists In the vicinity of a school or Is reasonably 'apprehended, and hi our opinion the court erred hi overruling the demurrer.' The judgment Is reversed, and. the cause Is remanded to the circuit court, with directions to sustain the demurrer. Reversed and fcnmndcd with directions. I , „ VIII. North Carolina. 4 Illntehlns v School Committer of Town of Durham (Supreme Court of North Carolina. November HO, U1041, 4t)8^K., 401 Appeal from minprtor court. Purlin ni County; Bryan, Judge. Mandamus by J. W. Hutchins to coupiel tin* school commit tee of t (uptown of Durham to admit plaintiff’ll daughter to tlie school. From a judgment for defendant plaintiff appeals. Affirmed. Clark. (3. J. This Is nn^npphcfttlon for a mandamus to the defendant public school committee to mlmiMlie daughter of the plaintiff to the public schools. The sole question presented Is whether the following resolution Is n reasonable exorcise of -the powers of the school committee of the city of Durham; . ■* Whereas from the rojMn-t and recommendation of Dr. N. M. Johnson, super- Intendent of health of Durham County, in the judgment of this committee, gen- eral vaccination of teachers and children uttemllug the schools Is desired and repulsed for the public safely: Now. therefore. licit mmlrcrf, That no teacher or pl()U he allowed to attend any school of the city of Durham after April 1, 11104, who does not present to the principal of such. school n certificate of n physician of the city showing that such teacher or pupil has been successfully vaccinated within three years from that time, unless such person hair been vaccinated within ten days preceding the date he or she presents himself or herself for such attendance ; and lids resolution shall be a permanent regulation of the schools." An cphlemtr-'bf Rinall|K>x prevailed In the city of Durham ami Its suhurlw last spring, not less than l.OtX) persons being attacked, and the above resolution was passed as a protection to the 2,500 children in the schools of that city, the attendance In which had faNen off 40 per cent by reason of the * fear of contagion. These facts are averred in the answef and found to be true J>y the Judge, In our Judgment, the resolution was a proper and reasonable exercise of the powers of the defendant. RSCENT SUPREME COURT DECISIONS, 828 - j r 1 , n il il r o 8 e 8 e e l» This 1 r not a question of compulsory vaccination under legislative authority— that mutter was before us and settled In State r. Hay. )2)’. N. C. 35 S. E. •Ihl) L. It. A. 5K8, 78 Am. St. Itep, GDI — but Rimply whether, If a child 1 h not vaccina ted, the school hoard can. ns a precautionary measure, exclude all such from tin? school, u resolution, under, the inovor given. in tin* charter to " have entire and exclusive control of the public school Interest and property In the town of Durham, prescribe rules and regulations. ♦ * * and do all other act* that may he Just^ and lawful to conduct ami manage the public school iutcicsts in slid town.** A simiiar ivKolullon passed hy tin* St. Louis hoard of public schools was ludd reasonable and valid Ii: re Itcbencck. (52 Mo. Ann., 8* the court saying: "la the imturcof thin its, it must rest with the hoards to determine what l ovulations arc needful for a safe am] proper management of the schools, and for the physical and moral health of the pupiN hitnmt<*l to thcii (ate. If said regulations an* nt > t oppressive or arbitrary. % the court can ,u, t l,r Hllonl<1 not interfere." The seme ruling was made as to a similar reso- hition III DnllieJd r. School List.. 102 I'a. -I7G. 2l» Atl. 742, 2.'. L. U. ,\. 152* tbo court landing : "A school hoard has power to adopt reasonable- hea 1th Ycguln- tioas for the henctit of pupils and the geiiej-al puhlic, ami has a right to exclude from the ..clmols those who do tint comply with the regulations of tin* elty authorities ami the school hoard requiring a certilicate of vaccination as a eon- ditioa of attendance." To the same purimrt it Is said in State r. Zimmerman s,; Minn. n. w. tv'!, r.s i.. it. a. 7s. <.i Am. st. it,.,, :;:,i ; welfare. " f is supm-ior to that of the frw, and. as nrnlations rom,».|||io- vut- mat Ion me Intemlnl ami unforced solely for the pul.lic (.•(«> N. K. s*p. r>0 L. It A. 0-4, 80 Am. St, Uep. Ilia, it is pointed out that the constitutional guaranty tlmt tuition shall he fretnind the schools equally open to all is mvessnrllv subject th roason- nble regulations to enforce discipline hy expulsion of the disorderly, ami protec- tion nf Uie mmalH mid health Of the pupils. The above cases arc cited with approval In State Ilay. 12U X. r. \m. ;jr, s. X. 45U, -IP I. K \ jyss 7s \n SL K<‘P. (I'H. • To same pnriK»rt is Sliertnaa r. Charleston, S ( ; nsh."m», whore Shaw <’. J., «ays: "'Hu? right to attend Is not absolute, but one to bo eujuved bv all on reasonable conditions." The plaintiff relies upon I’ults r. Itns-n, 1(17 III. (IT 47 X. si •{*» i u * ir>2. S!) Am. SI. llep. LV>L\ tlmt. In the uhsence <,f express legislative |K>wor a resolution requiring vaeeiimtlon as a prerequisite to nttemlliig schools Is mirea-' sonahle when smallpex does not exist in the nnnnuinltv and there is m> reasots a.de ground to apprehend Its a We are not inclined to fallow that authority. Uith the present rapid means of intereommunioat ion, smallpox nmy make Its npi>enmnce la any commiiuity at any moment without any notice given beforehand, nml Incalculable havoc 1 h> made, es|>eefnlly among the school ililldreu, which can not be*rcmedlwl hy a subsequent order excluding the noth vaccinated. "An ounce of prevention in worth a pound of cure." Resides that - J*" 80 J ,ot Iloro ’ whon the mibsldemfMf the danger the school hoard of that ( t ?rv R t ia Tn * Pr ° 1H ‘ r , to If 11,0 m ’ tion (,f th « I» not sntlsfae- Tlie’f o Vli: ft' 1 wJ11 lK? «*»I rrseliul the resolution. Ihe fact tlmt It won hi he dungermirt to vnecltmte the plaintiffs daughter owing to her physical comUtlop, w«n|*l be n defense for her to an ortWr for general compulsory vaccination (State r. Hay, supra), hut is no reason why Mie should he excepted from a resolution excluding from the kcJiooI all children who have not been vacchmted. That Rhe can not safely 1 m* vacchiahsl nnJy make it preferable that she herself should rim the risk of taking the smallpox 7 but (8 no reason that the children of the public school should be exposed to lTke risk of Infect on through her or others In like Vase. Though the school ehll- dren are vaccinated, there are always some whose vaeclnutlon la Imperfect and d inger to them should not be IncreasiHl by mind tt Rig those not vaedimted at f "rJbie at%U. r ^ e “ f0rCcd *° tt “ Bllke w111 aiwu ^ beuruloon No error. V STATE SCHOOL SYSTEMS! ..P 1 ^ ATTOH, STO, 1906-8. IX. New York. rVtomelaUr v. White, preeldent of board of education, et al. (Court of Appeal* of New York, October 18, 19(H), 72 N. E., 97 ] Appeal from eikpreme coart, appellate division, second department Application of-~Edmund C. Vlemeister for writ of mandamus to Patrick J. White, president bf the board of education of the borough of Queens, and others; From a Judgment of the appellate division (84 N. Y. 8upp„ 712), affirming an el the offleore haring control of n public school In the county of Queens to readmit bis child, a lad 10 years of nge, to said school without requiring him to be vaccinated. It appeared from the moving pai^rs that the boy had been in regnlnr attend- ance at the school, and that the principal thereof, pursuant to the instructions of the board of education, had excluded him therefrom, because he refused to be vaccinated. It a p] reared from the papers read in opposition to the motion that when the relator's son woe excluded from the school there was a regula- tion of the board df education In full force which provided that “ no pupil shall he allowed to attend any school, nor shall any teacher be empoycd In the same, unless such pupil or teaeber hns been vaccinated.” It further ap]*?nred that the lad had never been vaccinated, and that he refused to submit to vaccination: but it was not alleged that at the time of such exclusion smallpox was preva* • lent in the neighborhood, or that there was any B]>eclnl danger, from recent exposure or othe»r causes, of an immediate spread of the disease. Th£ constitution requires the legislature to ** provide for the maintenance and support of a system of free common schools, whereiu nil the children of this State may be educated.” Constitution, article 9, section 1. The public-health law pro- vides that ‘‘no child or person not vaccinated shall be admitted or received into any of the public schools of the State, and the trustees or other officers hnvlng the charge, management, or control of such schools shall cause this provision of law to be enforced. They may adopt a resolution exelndlng'Fmch children and persons not vaccinated from such school until vaccinated. * • *” Public- health law, Laws, 1893, page 1495, chapter 661, section 200, renumbered section 210 by Laws of 1900, page 1484, chapter 067, section 2. The same law pro- vides for the free vaccination of children of suitable nge who wish to attend the public schools, provided their parents or guardians are unnhle to procure vaccination tpr them. This is a reenactment of a statute containing the same provisions In substance, passed In 1800, which remained in force until the pas- sage of the public health law in 1893. Lows, 1860, pope 701, chapter 438. The question presented Is whether the legislature is prohibited by the con- stitution from enacting that -such children as have not been vaccinated shall be excluded from the public schools. The appellant claims that the public-health law plnces an unreasonable restriction ui>on the right of his child to attend school, and that it violates the section of the constitution already quoted, as well as the general guaranties for the protection of the rights, privileges, and liberties of the cltlsen. Constitution, article 1, sections 1, 6. The respondents claim tbat the object and effect of such legislation Is the protection of the public health, and hence that it is a valid exercise of the police power. The police power, which belongs to every sovereign State, may be exerted by the legislature, subject to the limitations of the constitution, whenever the exercise thereof will promote the public health, safety, or welfare. The power of the Tegtfclature to decide what laws are necessary to secure these objects Is subject to tbe power of the courts to decide whether ap act purporting to promote the jiubhc health or safety has strch n reasonable connection therewith as to appear upon Inspection to be adapted to that end. A statute entitled a health Taw must be a health law hi fact as wed ns In name, and most not attempt tn the name of the police power to effect a purpose .having no adequate connection with the common good. As we hare recently said. It “must tend in rf degree that Is psreeptibre and dear toward the prc^rvatlon of the • # • health • • • ’ or welfare of the coramtmHy, as those words have been tmed and construed in the many cases heretofore decided.” Health Deportment of New York o. Rec- tor, etc*, 145 N. Y„ 82, 30 ; 80 N R, 833 ; 45 Am. Stht, Rep,, 579. When the wsole object and general tendency of legislation is to promote the public health, * tnere Is no Invasion of the constitution, even if* the enforcement of the law t with liberty or property, The*e principles are so established as td^equlre no discussion, a ad we cite but a few out of many * ^ KICK NT SUPREME COXJVt DECISION'S. F^F S authorities relating to the snbject. (Matter of Jacob*. 98 N. Y„ 98. 108 - na , Am. Rep, 688. People r. Marx. 09 N. Y„ 377 ; 2 N. E, 29 ; 52 Am W 84. People r. Arenaberg, 106 N. 1’., 123 ; 11 N. E, 277 : 59 Am. ttep.. 4«T lWle «r 4 A *' 8tai - « 141 *V ?.'• I 20 ' 86 4; 25 L. R. A., 794; 38 Am. Slat. Rep., 788. People ex rel. Nechamcus t?. Warden, etc„ 144 N. Y., 629 ; 39 N. R_ 686* 27 L*. R. A_ ll?; S® 001 ™ H “ VDO f' 149 N 106 = 43 N. R, 541 ; 31 L. R. A, 389; 62 W Stat. Rep., <07. People r. Adirondack Ry. Co., 160 N. Y„ 236* *4 N ifl_ 0S9. , People o. Ivochner, 177 N. Y., 145; 69 N. EL, 373.) The right to attend the public schools of the Ststte Is necessarily subject to some restrictions and limitations in the interest) of the public health. A chlUI uffllcted with leprosy, smallpox, scurlet fever, or any other disease which la both dangerous and contagious may be lawfully excluded from attendance so long as the danger of contagion continue*. Public health, as well as the interest of the school, requires this, as otherwise the school yulght be broken up and a pestilence spread abroad In the community. So a child recently exposed to such a disease may be denied the privilege of our schools until all danger shall five passed. Smallpox is known of all to be a daugeroap and contagious disease, if vaccination strongly tends to prevent the transmission /or spread of this disease, it logically follows that children may be refused admission to the public schools until they have been vaccinated. The apittil/nt claims that vac- cination does not tend to prevent smallpox, but tends td bring about other diseases, and that it does -much harm, with no good. 1 It must be conceded that some laymen, both learned and unlearned, and bom physicians of great skill and repute, do not believe that vaccination Is a pre- ventive of smallpox. The common belief, however. Is that It hat a decided tendency to prevent the spread of this fearful disease and to render It lea* daugerous to those who contract it While not accepted by all, it Is accented by the mass of the people, as well as by most members of the medical profes- sion. It has been general \p our Btate and in moet civilised nations for genera- tions. It Is generally accepted in theory and generally applied In practice, both by the voluntary action of the |»eople and In obedience to the command of law. Isearly every State of the Union has statutes to encourage or directly or Indi- rectly to require vaccination, and this is true of most nations of Europe It la required in nearly all the armies and navies of the world. Vaccination baa been compulsory in England since 1854. and the last act upon the subject, passed in 1898, requires every child bom In England to be vaccinated within six months of Its birth. It became compulsory in Bavaria in 1807 ; Denmark 1810- Sweden, 1814 ; Ayurttemberg, Hesse, and other German States, 1818: Prussia! 183o; Roumanla, 1874; Hungary, 1876; and Servla, 1881. It Is aided, encour- aged, and to some extent compelled. In the other European nations. (24 Bine. Brit., 80.) It Is compulsory In but few States and cities in this country but It is countenanced or promoted in substantially all, and statutes requiring chil- dren to be vaccinated in order to attend the public schools have generally been sustained by the courts. ( Abeel r. Clark, 84 Cal., 226; 24 Poc., 383 Rlsaell e I^vlson, 65 Conn. 183; 32 AtU 348 ; 21) U It. A, 261. Blue t>. Beach, 155 Indl 121; 56 Is. E. 89; 80 Am. Stat. Rep., 195 : 50 I* R. A., 64. Morris v. City of Columbus, 102 Oa. 792 ; 30 8. E., 850; 42 U R. A., 175; 66 Am. 8tat Rea. 243. State t> Hay, 126 N. C.. 009; 35 8. E., 466; 49 L. R. A., 5S8; 78 Am. Stat Rep^ •J*n» Hftzen v * strou &- 2 Vt. 427. In re Kebenack, 02 Mo.. App. a Duffleld tv Williamsport School District, 102 Pa., 476; 29 Atl. 742; 26 K R. A 152. Cooley’* Cons. LJw. (7th ed.), 880. Prerrtice on Police Powers, 39 132. 1 Dillon’s Mun. Corp., sec. 865. Porker ft Worthington's Public Health and Safety, sec. 123.) . A common belief, like common knowledge, does not require evidence to astafe* Ilsn its existence, but may be acted ujxra without proof by the legislature and the courts. While the power .to take Judicial notice la to be exercised with caution, and due care taken fo see thatr the subject comes within the limits of common knowledge, still, when according to the memory and conscience of the Judge, Instructed by recourse to such sources of Information na he decM trustworthy, the matter is clearly within those limits, the power may be exer- cjsed by treating the feet as proved without allegation or » proof, ( Jones w H; % -if 7 D * *** 8ujx Ct. 80, 34 L. Btf. 681 ; Hunter v. N. Y„ and W. & R, On, lie N. Y. 611 628, 23 N. BL 9, 6 L. R. A. 246: Porter e wWridlv 69 N. Y„ 250, 268 ; Gelst tv Detroit City R. R, Ov, 91 Mich. 446, 51 llSk iUt i St? S 5; 1 ■». W Kl) sec 282; 1 Stark!* 1 */ IT Aavand She. fiacyc. (2d K^>891) Common belief, f «• $ | * ? 1 * < . 1 ^826 STATE SCHOOL. 8Y8TKM8) LEGISLATION, BTC,, 190S-8. become such common knowledge no to be judicially tyjglced by us N must l>e com- mon In this State, although In a matter iiertnlning lo science it may be strength- ened somewhat by the general acceptance of mankind. Ah wuh said by Mr. Jus- tice Swnyne l» Hrown r. lMj>er. HI T. S. 37. *2. 23 L. Kd. 200 : “ Omrts will take notice of whatever Is generally known within the limits of their Jurlsdliv tion, and. If the Judges memory is «t fault, lie may refresh U by resorting to any means for that purpose which be deems safe autl projter. This extends to such matters of science as are involved In the cases brought before him.” See, also, People v. Lochner, ITT N. Y. 109. GO N. E. 3T3. The fact that the belief is not universal is not controlling, for there Is scarcely any belief that Is ac88lbility that the belief nmy be wrong, and that science may yet show it to be wrong. Is nit^cjinelnslve ; for the legislature has the right to pnss laws which, according tolhetWH^mon belief of the (»eop!e, are adapted to prevent the spread of contagious diseases. In :i fre^country, where the government Is by the people through their chosen rep- resentatives, practical legislation admits of no other standard of action; for what the people believe Is for the common welfare must be accepted us ten dim: to promote the common welfare, whether It does In fact or not. Any other basis would conflict with the spirit of the constitution, and would sanction measures opposed to a republican form of government. While we do not decide and can not decide that vaccination Isa preventive of smallpox, we take Judicial notice t>f the fact that this Is the commou belief of the l>eople of the Stute, and with this fact las a foundation we hold that the statute In question’ Is a health law, enacted In n reasonable and proper exercise* of the police power, It operate* . Impartially upon nil children in the public schools, and is designed not only for their protection but for the protection of all the jieople of the State. The relalor’s son 1 b excluded frpin school only until he compiles with the law passed to protect the health of all, himself and hie family Included. No right conferred or secured by the constitution was violated by that iuw, or by the action of the school authorities based thereon. In view of the.oplnlons below*, we regard furtlier diseusslou as unnecessary, and we affirm the order api>ealed from, with costs. .jf We concur: CULT.EN, C- J. O’Brien. * Haight, m Martin, " ' * Webnfb, J. J. (Absent) Gray, J. •• I a I Order affirmed. X, Pennsylvania. (Stull t?.. Reber et *1. (Supreme Court of Pennsylvania, May- T, lffig) , - 04 At* S t 1 M Apjeal from court of common pleas, Franklin County. j Bill by Edward C, Stull against 2.J1. ltel>cr and other* for an Injunction. From a decree dlamisslng the bill pkrtntlflf appenla. AfflH-jed. The bill, after reciting that the complainant was a resident and taxpayer of the borough of Waynesboro and that Grace Stull was his daughter, of the age of 14 years, coutlnued as follows: “The said Grace Stull Is now and has l>een sine? the beginning of the present school year or terra, to wit, September 4, 1906, pro|»erly and Justly enrolled as, a pupil in and attending the common or public school known as * A grammar school,’ conducted in the Snider avenue school building, situate tn the third ward of the said borough; that she Is in good health and Is not suffering from any contagious or infect loua^dlsense, and Is legally and Justly entitled to continue to attend the said public school for the remainder of the school term or year and is entitled to^epiain 'enrolled aa a ^thereof. J. H. Reber Is the superintendent of all the common or public ols of the said borough of Waynesboro; Charles H. Coover Is the principal of the said Snider avenue school building ambhas charge of the schools therein conducted; "Chester A. Gessamau is the teacher of said A grammar. school In which your orator’s said child, Grace Stull, Is enrolled and tn attendance as a pupil. There la not, at the time of the filing of this bill, nor has there been for many {ears, any person In the said borough of Waynesboro or within many miles w RECENT SUPREME COURT DECISIONS. 8£7 3m thereof Buffering from smallpox (variola or vario loid ) ^£ dismissed iiiul excluded from the wild A grammar school, conducted In the said Snider avenue JWiiool building, In which she Is eurolled mid in attendance as a pupil, on the 11th day of December. 11HJ6. And the wild J. II. I teller, antierlntemlent. ('buries -H. Ooover, principal, and Chester A. (iesseHiaq/leacher, as aforewiid, defendants, in violation of their statutory duty and to the prejudice* of the iietitloncr’s right in the premises, threaten ;n)(l Intend to dlsniisa nml exclude the on Id (Jmee Stull from the said school on the l»th day of December, 1905. Vour orator avers that unless restrained by your honorable court the said defendants will carry out 'their said threat and dl Hildas and exclude the wild Grace Stull from the wild school, whereby belli the sniff Grace Stull and your orator^vtTl suffer great and Irreparable Injury, for which there Is no adequate remedy at law.” The hill prayed for an Injunction. The answer admitted the material averments of the bill. r The court found, inter alia, the following facia: There Is not. at the time of the fillug of this bill, nor has there beeu for u |>erlod of about forty yearn, any person' In the said borough of Waynesboro, or within many miles thereof, suffering from smalliH)! (variola or varioloid). Occasionally It Is beyond the (wm-er of children of school age as well as adults to be successfully vaccinated, altliougji they may not previously have had- smallpox nor previously been vac* ciimted ; that even repeated attempts to iwrform the operation of vaccination* til«»n such children or adults Is without effect and vacclna®fiwill not take. In ’ such on hob vaccination Is not successful and the pbyslcttjyjft not certify that such child or adult has been successfully vaccinated. Sometimes a child may Im* suffering from a constitutional weakness or Its system may be in such an unhealthy condition as to render the oiwratlon of vaccination exceedingly dangerous to suhl child. The court entered a decree dismissing the bill. Mitchki.u C. J. The substantial question In this case Is whether the act of June 18, 1X95 (P. I.*., 208), requiring the exclusion from the public schools of children who have not been vaccinated. Is a valid exercise of the police power of the State It has been twice so decided by this court. In Duffleld v. School District of Williamsport, 1(12 Pa. 470. 2l> Atl. 742, 25 R. A. 152. a similar regulation, uot even enacted by the legislature, but enforced by the school directors under an ordinance of the city of Williamsport, was held valid. And In Field r. Robinson. 198 Pa. 633, 48 Atl. 873. this very statute of 1875 was belt constitutional. It api>eflrs to be thought that because the decision >was givm In n brief opinion i>er curiam the subject was not fully considered. But the < proper inference Is precisely the reverse, that the conclusion wa* so perfectly clear to the whole court that It did not require any extended argumentative support. After the«e two decisions the quest lou ought to have been considered us closed. B_ut we have It raised again, with smull variations of facts and -cmislderuflons none of which are at all material. ' , On the constitutional question it tasnld that section 12 of the aetXmtravenes sections 7 and 8 of article 3 of the constitution of 1874, in that iris local aqd s|>echt! legislation, regulating the affairs of school districts. The terms of the act apply expressly to the “several municipalities” of the State, and It la argued that they do not Include school districts iu townships; and therefore muke an unwarranted distinction In regard to such districts. Whether town- ships are municipalities within the Intent of the act It Is uot now necessary to consider. Even if not, the separate classification of school districts In dtlea and boroughs with reference toj public health where population Is dense and the danger of contagion great would not be uneoustlfcutlonaU Sugar Notch Borough. 192 Pa. 340, 48 Atl. 085. But the act Is In no proper sense a regula- tion of school districts. It la an act entitled M For the more effectual protec- tion of the public health In the several municipalities of the Commonwealth," and Is a general statute on that subject What bearing it has on schools and school districts is altogether Incidental to them as constituents of the com- ’ m unity. The constitutional restrictions on special legislation* apply to direct legislation, not to the Incidental operation of the statutes consltutlcmal in them- selves upon other subjects than thosc -wlth which they directly deal. Sugar Notch Borough, 1B2rPn, 84Sv 48 Atl. 9X5. / It Is further asja that section <#2 contravenes Section 1 of article 10 of the * constitution of 1 m 4, requiring the maintenance of an efficient sys tem of pobUe — i i i i. S' * % u £ 8f8 STATE SCHOOL* SYSTEMS: LEGISLATION, ETO., 1906-8, schools wherein all children above the age of 6 years may oe educated. It Is sufficient to say that this article, like all others must be construed and ap- plied in connection with other fundamental governmental powers. The schools and school children. Important as they are, are only fractions of the com- munity, and the police power of the Commonwealth *ln thfe preservation of the public t^||hh must. If necessity arises, sacrifice the less to the greater Interest. Salue Pa. 470, 211 Atl. 742, 25 L R. A. 152, already cited: “It is conceded that the hoard might rightfully exclude the plaintiff’s son if he wb actually sick with or just recovering from the smallpox, Though he might not be affected by it, yet If another member of the same family was, the right to exclude hitu, notwithstanding he might oe in perfect health, would be conceded. How fur shall this right to exclude one for the good of many be carried? That is a question addressed to the official discretion of the proper officer*; and when that discretion is honestly and impartially exercised the courts will not Interfere,” These words, it should be remembered, were written with reference to authority exercised under a city ordinance, and a fortiori when the police power of the Stute intervenes under the authority of - a statute its directions are commands that-may not be disputed. , It Is further argued that sections 11 and 12 of the act should be reed together, and the right under section 12 to exclude unvacciuated children, should be confined to the schools in the districts mentioned In section 11, namely, those In which smallpox is actually -prevalent. Biffcthis is manifestly not the legisla- tive ’Intent.’ Section 11 deals with a present and immediate danger; with per- sona, dwellings, and places where the disease actually prevaWs, and its prohi- bition includes adults as well as children, vaccinated or not 8ection 12, on the contrary, is a cautionary and prospective regulation, having In view not .the actual presence of the disease, but its appearance in the future. The objects of the two sections are distinctly different In this connection the learned Judge below found as a fact H that there is not at the time of the filing of this bill, nor has there been for a period of about forty years, any perbon in the said borough of « Waynesboro, or wi^n mnnj* miles thereof, suffering from smallpox (variola or varioloid).” It IsWirgued that this feature distinguishes the case from those heretofore decided by this court But the language of the Act Is general and Its intent plain. The legislature may well have had In mind that the good fortune of such a community may uot continue indefinitely. Immunity for forty years in the past affords no guaranty of immunity for even forty days in the future. If a chance visitor from an infected locality or a bor- ough resident returning from a visit to such locality should bring with him the geyms of infection. Section 12 Is precautionary and preventive, and It is an old/ and sound maxim thut an ounce of prevention is worth a pound of cure. There/ is one hardship in the twelfth section that may deserve consideration with a view to a possible remedy. The court below found os a fact “ that occasionally it is beyond thf power of children of school age, as well as adults, to be vaccinated, although they may not previously have had smallpox nor previously been vabclnated; that even repeated attempts to perform the opera- tion of vaccination upon such children or adults 4» without effect, and vaccina- tion will not take. In-such cases vaccination is not successful* and a physician cannot certify that such child or adult has been successfully vaccinated.” The health authorities, state or local, might well consider whether they have power to make a regulation as to what should be deemed a successful vaccination or ita equivalent', whether the ratio of such immuue children l s, of c sufficient im- portant to Justify the 1 'exercise of such power if ppsp^nd ; alid whether such regulation would be undesirable\^« affording opportunity for the evasion of the statute. The latter, bowever>\re medical and ^minlstrative, rather than Judicial, questions. \ * Lastly, it Is argued that, construing section as we taave_dona, it authorise* a trespass upon the reserved rights of the individual which are beyond the reach of even the police power. Vaccination, it is said, is the Infliction of a disease — eowpox — on the subject^ and if that can be done Irrespective of his consent, then the next stej* may be to require submission to Inoculation with antitoxin or serum for diphtheria, tuberculosis, cancer, etc* and we have rather a dlgmal picture of possible consequences, it ^rtl} beto$ enough m consider HE CENT 8UPBHMB COUBT DEOISIQ ■uch matters when they arise. At present the vast preponderance of opinion amonfe-lJCtnligent and educated people, under the guidance of the best medical authority, is that vaccination is a highly useful ameliorative,' if not always a preventive, of one of the greatest scourges that have In' past time's afflicted humanity, and that the regulation of it by statute ls.not only a justifiable, but a wise and beneficent exertion of the police power over the pub lit* health. ^ When the legislature goes beyond that into new or more debatable fields. It will be time enough to consider the limits of Its i>ower. One expression In the oplnl&i of the court below and in some of the cases cited In the argument requires n % passing note. . The ^ct is not a penal statute It is a broad, genera) act relating to the health of the whole imputation- of the Commonwealth. It Is not, therefore,. to bo construed or administered by the rigid technicaUruIes applicable to penal laws, hut fairly according to. Its Intent neither narrowing It to the letter, to thc^excltislon of cases, clearly within such Inteut, nor stretching it l>eyond ItR legl'rfunite scope to <*ovcr niatters not clearly meant to he included. It Is an act touching very closely coinn^n rights add privileges am] therefore specially requiring a common-sense administration Decree affirmed. Krror to appellate court first district on appeal from superior court Cook County. W. M. McEwen, judge. Bill by Eberle L. Wilson against the board of education of Chicago. From a decree dismissing the bill for want of equity, uffinned by the appellate court complainant . brings error. Affirmed. * This Is a writ of error sued out of this court to Review a Judgment of the appellate court affirming the decree of the superior court of Cook County sus- taining a demurrer to the bill and. dismissing it for want of equity. The bill wgs filed by four minors, by their next friends, to enjoin defendant In error the board of education of the city o'f Chicago, from enforcing a certain rule adopted by said board and to have said rule declared null and void. The rule rends as follows^ " The committee on school management reports that it Is In receipt of the following report from the superintendent of schools and recom- mends concurrence therein: ‘The sui>eriiitendeiit of schools ree]>ectfully reports that, In accordance with the action of the board of education, taken at its last meeting, h* hns considered the matter of secret societies In the high schools, and respectfully recommends that the principals and teachers of the high schools he instructed to deny any secret societies which uiay now exist In their schools all public recognition, Including the privilege of meeting in the school buildings* thut such organisations be forbidden to use the school name; that no student who is known to be a member of a fraternity or sorority, or other so-called secret society, t>e permitted to represent the school in anv literary or RthlAtle DISCIPLINE— RULES AND REGULATIONS. XI. Illinois. HIGH SCHOOL FRATERNITIES. .**■*+•*,« e rigidly enforced, mid thpt the complain- ants have, by reason thereof, been prevented, under threat of expulsion, from taking part in any literary or athletic contest held under the auspices of said achooU nnd have been deprived of [k>r1Uoilh in wild associations to which they had been elected by other “pupils, and are denied the right to resume the said positions because of their membership in ^fcuch fraternities ; that participation tn the exercises of the societies and associations of the said school Js henctlclal to pupils, and Is freely granted to nil except complalnauts and others who arc members of stxret societies. The hill charges that the adoption of said rule was the exercise of an arbitrary power by tbe board of education, violative of the natural rights of complainants and uu unlawful discrimination agaluHt them, and Is therefore null nnd void. The prayer is that the rule be declared void, nnd that the board of education be enjoined from enforcing or attempting to enforce It. The sui>erior court sustained a demurrer to the hill ami dismissed it for wnnt of equity. Plaintiff In error, one of the complainants, prosecuted an appeal from that decree to the appellate court for the first district. That court firmed the decree of the sui>erior court, aud the case Is lirouglU to this court for review upon a“wrlt of error to the api>ellnte court. Farms*, J. (after stating the facts as above). The constitution of this State provides that “ the general assembly shall provide a thorough and efficient sys- tem of free schools, whereby nil chlldreu of this State may receive n good com- mon school education.** Section 1, article S. By act of the general assembly, the public schools of the city of Chicago are under the control of the board of education, and it Is given all power and authority required for the proper man- agement of the Bchools, with i>ower to enact such ordinances as may be doomed necessary and expedient for such purpose; also power to expel ptlplls who are guilty of gross disobedience or misconduct. It Is made the duty of the board of •education “to establish all such by-lnws, rules, and regulations for the govern- ment and for the establishment and mainteRiuicg of a proper and uniform sys- tem of discipline In the several schools as may, In their opinion, be necessary/* Counsel for plnlntlff In error does not question the power of the board of 'education to prescribe nil reasonable rules necessary for the conduct and man- agement of the public schools, but Insists that theymje here involved wnB not a reasonable rule; that It was In violation of the-mmiral rights of plaintiff In arror, and an unlawful dlscrlmiuatlon against him; and that this Isa question of law to be determined by the courts. It la not claimed nor averred In the bill that plnlntlff in error wns deprived, by the rule la question, from attendance at the school, nor from taking his place In the classes to which he belonged and pursuing his studies and recelvlug instruction tbe same as all other pupils in the school In the course of studies taught therein. It appears from the aver- ments of the hill that there were associations permitted to be organized among the pupils of said Hyde Park High School, principally for literary, musical, and athletic exercises and contests ; but these were not a part of the course of study required to be pursued by pupils attending said school, and were uot within the contemplation of the constitution nor of the act of the legislature In providing a system whereby all the children of the State may receive a good Common school education. The power of the board of education to control and manage the schools and to adopt rules and regulations necessary for that* pur- pose Is ample and full. The rules and by-laws necessary to a proper conduct And management of the schools are, and must necessarily be, left to the discre- tion of the board, and its acts will not be Interfered with nor set aside by the courts, unless there Is & clear abuse of the power and discretion conferred. Acting reasonably within the powers conferred, it- is the psovlnce of the board of education to determine what things are detrimental to the successful man > a gem on t, good order* and discipline of the schools and the rules required to pro- RECENT 8TTPREME > COUBT DECISIONS. 331 duce these conditions. If was the Judgment of the superintendent of schools of tlie city of Chicago, ns well ns of the Itonrd of fluent Ion, that membership In secret societies. known as Cn^ek-letter fraternities or sororities. was detri- mental to the best interests of the wheels. Whether this Judgment was sound nnd well founded is m*. subject to Vevlew by the courts. The only question for determination Is whether the rule adopted to prevent or remedy the supitosetl evil was a reasonable exercise of the jmwer ami discretion of tiie boiwd. The rule required teachers jo refuse to give jmhlic recognition to such secret soci- eties, to refuse to nllpw their meetings to he held In the school buildings, or to allow the name of any school to be iishI by the organizations. The rule also mpil red teachers to refuse to allow a n. ember of a fraternity or sorority to represent his school in any Iltorpry or athletic contest or In any'otlier public capacity; that parents of the pupils he Informed that the hoard of (dncatlon the superintendent, and teachers in the high Mmols unnnlmquslv condemned all such secret societies. The rule denied to pupils who were members of secret societies no privilege allowed to pupils not members, except the prlyile« r e of representing the schools in literary or athletic contests or In any other inihlle eapacity. They were not denied membership In associations of* pupils of the schools for literary, social, musical, or athletic exercises, and were not pro- hibited from receiving the Rome benefits from those organizations that pupils not members of wvret so-ietios received, They were only prohibited from representing the schools ns members of those associations ‘in public contests nml capacities. This was not a denial of any mitnral right, and neither was it an tin lawful discrimination. People t\ Client on College, *10 ill., ISO, was a nunulnmus proceeding against tlie college to compel the reinstatement of a student who had Joined the Good TemplnrH In violation of the college rules, nnd had for that reason been sus- pended from the privileges of the college until he expressed a purpose to con- farm to Its rules. The court said : “ Wheaton College is mi Incorporated Instl- tuUon resting mam private endowments, and deriving no aid whatever from the State or from taxation. Its charter gives to the trustees and fncultxJbe I Haver to adopt and enforce such rules as may lie dedient to adopt Is one forbidding the students to become niemlvers of secret societies. Wo i>creelve nothing unrensonable In the rule Itself, since all lmrsous famlllnr with college life know that the tend- ency of secret societies Is to withdraw students from the control of the faculty and impair to some extent the discipline of the institution. Such nmv nt* always be their effect, but such Is their general tendency. Hut, whether the rule be Judicious or not, it violates -neither gtwwl morals nor the law of the land, and is therefore clearly within the power of the college authorities to make and enforce.’ Klnzer r. Directors (120 Iowa, 441; 105 N. W.. 080 ; 3 H R. A. (N. S.), 400) was a mandamus proceeding to compel the board’of directors of Marion school district, Iowa, to reinstate in the high school a pupil who had boon misitemled therefrom by the board of directors until he should ai>ologlze to the. superintendent, before the school, for his willful vloltf- t on of a rule adopted by theboard. The rule prohibited playing foot bn II under the auspices of the high school or on the school grounds. The pupil who was suspended, acting with others, caused a poster to. he printed advertising a game of football to be played by the west branch of the high school and the high h.uuul on a Saturday, for which an admission fee of 25 cents wrs charged The authority of the board to adopt the rule was challenged by the petitioner and it was ulso contended by him that his conduct was not a violation of the rule. Both them* contentions were decided in favor of the board of directors. The court wild : It was plainly Intended, therefore, that the management of school affairs should lie lef* to the discretion of the board of directors and not to the courts, and we ought not to interfere with the exercise of discretion on the part of a school board ns to wlint Is n reasonable nnd necessrtrv rule, except In a plain case of exceeding the power conferred.” In Wnvlnnd r Hughes (48 WiirIi.. 441: 80 I*n<\. 042 ; 7 k. It. A. (N. S.). 852) the viilldfty of n rule substantially the same as the one here In question was passed upon bv the supreme court of the State of Washington. The board of education of Seattle, after an Investigation of the probable effect of Greek letter societies or fraternities upon pupP i In the schools, In 1001 adopted a rule prohibiting I 8S2 STATE SCHOOL SYSTEMS! LEGISLATION, ETC., 1906-6. pupils from becoming ^members of such societies. (Jeorge Waylnml, while n pupil in the public school, in violation of the rule, became n member of a fraternity, hr did aim) other pupils. In May, 1905, the hoard of education amended its former rule so as to provide that all pupils who were then mem- bers of any high school secret society, or pledged to become such, who would promise liutt so long as they remained pupils of said high school they would not become members of any other secret society or give any promise oV pledge to become such, or solicit any other pupil to give any promise or pledge to In- come a member of any high sclmol fraternity or secret society, and In good faith J^ept such promise, would be restored to the privileges of such school, but that flllgtndents who thereafter should become menders or In any way pledge or bfiul themselves to Join any high school fraternity or secret society, or should initiate or pledge any other student, or in any way encourage- or foster the fraternity spirit in th\> high school should be denied ail the privileges of the high school, except those of the schoolroom. Waylnml brought suit agatust the bnurd of (education to enjoin It from enforcing this rule. The material allegations In his [ndltlon were hi suhstimee similar to the allegations of the bill In this caw. An answer was tiled by the board of education and a bearing had. The trial court refused the relief pruned, and un ap|K»al was prosecuted to the supreme court. That* eon i nfilnueil the Judgment of the trial cou rt^ and In an able and exhaustive opinion passtMl uikhi every material question here Involved, and we agree with the reasoning of the opinion and the conclusion reaching by tlmt court. We tpiote from tj»‘ opinion the following: “The board has not excluded the np{>ellunt from the Seattle high school, neither 1ms it threatened to exi>el or sus]>end him. Ho can and does attend school, and under our construction of the rules adophnl lie Is at the same time l>erwltted to continue his membership in the (iamtim Eta Kappa fraternity, although in doing so he opposes t ho authority of the Ixuird and thereby forfeits certain privileges which are no necessary part of the curriculum or class work, from which he is not excluded. Uesiamdents ure only Reeking to prevent appellant and his associates from dictating the terms on which they shall enjoy certain privileges which are merely Incidental to the regular sohooLwork, mid this they have authority to do. Apj>ellnnt further contends tlmt ns nie fratern- ities meet oat of school hours at the homes of members, nml at no time In the school building,>nnd, ns their parents consent to this action, the board is exceed- lng its lawful authority in euterlng their homes, In^vlthdmwlng from parents the control of their children, and In dictating what Vo children shall or Khali not do out of school hours. We think this contention unreasonable. The hoard has not invaded the homes of any pupils, nor have they sought to Interfere with parental custody and control. They have not suhl those fraternities shall not meet at the various homes, nor have they uttempted to control students out of school hours.” What was there said is applicable to this case. The rule mjopfod by the board of education, and which Is set out in fqll in the bill, shows uj>oii Its face that It was not the result pf hasty and Ill-con side ml action. At a previous meeting the board had instructed the superintendent of schools to investigate the effect of secret societies uiK>n the schools, sod upon his report tlmt he had made the investigation, and ui>on his recommendation, the rule was adopted. Assuming, as wo must, that the adoption of the rule wns not an abuse of power or discretion conferred by law uihhi the board, courts can not, and should not, interfere with its enforcement. Pupils utteUdiug the schools may divide for themselves whether they prefer membership in the secret societies, with the disqualification from representing tbe|r schools la literary or athletic contests or other public capacities, or whether they prefer these latter privileges to membership la said societies. It Is for the board of education, within the reasonable exercise of Its power and discretion, to say whut is besl for the successful management and conduct of the* school a, aud not for the courts. In our opinion the bill was proi^rly dismissed, and the Judgment of the appellate court is affirmed, , Judgment affirmed. RECENT ^ SUPREME COURT DECISIONS. XII. Wisconsin. 338 I Slate r. Districl Board of Kelmol I M Kt rict No 1 i Supreme IPOS), m; N w . i'Tj. J ’ouri of \V lacuna In. May 8* ui*; jfo ^WTTi A 1 1 | ion I from circuit court, Toll; Oiunty ; A. J. Vlujo. judge. Mandamus by the State. cm the relation of L. H. Dress. -r, against the district hoard of school district No. 1. St. Croix Calls, Polk Coy my, tu enuiind reinstate- incut of relator's children after suspension from the high school. Writ de- uled, and relator appeals. AlUmied. Jhls is an action cl mandamus commenced hy the relator against the district hoanl and (*. J. Raker. principal of tlu* high school of St. Croix halls, to compel the lehistntement of two of relators cliildrcn why had been sus[ tended by the principal. The petition, after the formal averments, states, In substance, that relator's two minor children had been continuous In their attendance upon the liiKh school i)p : to and including Octolier lli. llMJti, on which date they were kuh- xaMided hy the priuclpul : that said suspension was illegal but had been rat HUM m the district hoard and still cog tinned in force; that said children can not lie (•admitted to said school “ unless they should apologize with a falsehood ; *’ that the .\llcgt during school hours, or In (lie building where the school \*is maim. lined, or while said children were under the control of said principal; th^ ut the request of a member of the senior class, who had written a harmless pneni. being a take-off on the rules of the school, the offend- ing pupils, who were younger and less experienced, took the writing" to the ottice of a w eokly newspaper published In the saine v i 1 luge, and requested the publisher to print the same In his paper If there was nondng wrong in It' thut the publisher, deeming the same harmless, published it in part of the next Issue of tie* I m» per. T1 * ooem was printed as part of the i>etltkm, but it is here omit ed. It Is alleged Hint the deportment of the children in school had been good, and they had never violated any of the rules prescribed for Its manage- ment. An alternative writ was Issued on November 7, 1000, busvd U]H>n the petlfon, with supixn tlng affidavits. The defendants In the retunt to the writ state, In substance, their belief that the publication of the poem in question In a public newspaper was detrimental to the interests of the school ; that It not only tended to hold up said school, Its discipline, and Its teachers to public contempt and ridicules but It tended toward awakening In the minds of the pupils thern- sel\es a feel lug of hostility toward the touchers and a dctlaucc toward the proper ooatrol n nd management of the school ; that after the offense had been com- mitted the children were advised of the barmfulness of their conduct and re- quired jo apologize, nud upon their refusal they were Biispeuded ; that their reinstatement without aai^itble »i>oiogy would be detrimental to the interests of the school and subversive of proper discipline therein; wherefore they ask that •Jho petition be denied. The relator demurred to this return on November 14, 1900. Thereupon thV court, as appears by recitals In the subsequent flmllugs, appointed a referee with the consent of the attorneys for the respective parties to take and report the evidence relating to the precise grounds of sus|>enshm of relator^ daughters, and the substance of what whs suld between the teachers and said pupllB pre- a . nd n L tlie tlnie of theIr The referee made his rejmrt on the 30th day of November, which contains the testimony of the principal and two oi Ids asRociateR and of three of the pupils, including the relator's children. The principal testified that after lie learned that the relator’s children had taken the i>oeni to the printing office, “ I then told them that their penalty is that you are suspended until you apologize and pay 4t) cents each.” Im the apology they were simply to admit that they did a wrong thing, that they were sonry vW'm 4 ™ the ? came bnck to 8011001 th °y should promise to* be obedient students. The other witnesses gave substantially the same testimony. There- # fk- and u 0I \ 24, 1000, the court filed an opinion sustaining the action of the school authorities and in conclusion overruled the relator’s demurrer to the return, and dismissed his motion for a peremptory writ of mandamus, with costa There was no requesl made on behalf of the relator to withdraw the do- XH r !Sm nd t0 *S Ie #? 1 a " 8W0r ’ au sed at t ile of tile HU8iK*nsion, cairn? on to he heard, and was denied by the court. “““There was an exception to the only*, but no appeal has beeu taken therefrom. Barhkoho, ,1. (after stating tin* facts as above). The procedure adopted in determining the Issues presented by the pleadings In this action was Informal and irregular and enn not he approved. The demurrer to the return r:ilsended pupils as well as to the school, and to t Do litlgunts here represented. Hut the cause Is before us for decision, and must be treated like any other lawsuit. The remaining assignments of error relate to the power of the school authori- ties to suspend the offending pupils for the misconduct, which was established by the undisputed evidence. The authority to suspend the pupils from the privileges of the school Is denied by the appellant, unless the offense was a violation of some rule prescribed by the board, or Involved moral turpitude, or was committed during school hours la the Schoolroom, or da the presence of the master and other pupils. Tn supjwrt of this proposition counsel refer to Board of Education v. Purse, 101 (la. 422, 28 S. K. 896, 41 L. U. A. 593, 65 Am. Stat. Rep. 312; Murphy v. Board of Directors, .30 Iowa, 429; and Dritt v. Snod- grass, 66 Mo. 2.S6, 27 Am. Ref). 343. The decision of the Georgia court has no direct application. It was there held that the school board might susi>eml chil- dren who had not been guilty of any violation of the rujes of the school, hut whose mother, undertaking to call in question the discipline of the teacher over one of the children, entered the schoolroom during school hours, and in the presence of the pupils there assembled used offensive and insulting language to such teacher. Dritt v. Snodgrass, supra. Is readily distinguishable. There the a RECENT SUPREME COURT DECISIONS. 88$ Rt’liool board had made a rule that no pupil fdiould during the school term attend a social party, and a pm ill by the ]*nniHsUm of his purents violated the rule uml was exj>elled. The court held that In prescribing the foregoing rule the board had gone beyond Its power and invaded the rights of the parents. Murphy r. Hoard of Directors, 30 Iowa, 42!), is directly in pdnt. and supporS tin* pro]M)8ltlnn stated by the appellant, hut the dupii for nonoomplianee with tlie rules made by themselves or by the teacher with their consent. Hut -it 1 r urged that In the Instant case no rule had been proscribed by the hoard or by the teacher relating to the misconduct Complained of# Hut that contention is fairly met by the decision of this court In State ex rel, Iturpee v. Hu r ton. 45 Wls. lot) 30 Am Itep. TOO. K '* Tiie case lust cited was an action of mandamus to comi>ol the reinstatement j of a pupil in the school who had been guilty of miscondjlct, which was of Itself not a violation of any rule prescribed by the board or by the principal. It Is' said In t lie opinion: "While the principal or teacher in charge of a rmbllc school 1 h suhordiiiate to the scliool board or Guard of education of his district or city, and must enforce rules and regulations adopted by the iHmrd for the gov- ernments the school, and execute all its lawful orders in that behalf, he does hot derive all bis | tower and authority In the school and over his pupils from i ^ the affirmative action of the hoard. He stands for the time being In loco parentis to his pupils, mid Ttecm ise of that relation he must necessarily exercise authority over them in many things concerning which the board may have remained Rilent. In the school, as In, the family, there exist on the part of the pupils the obligations of obedience to lawful commands, subordination, civil de- ixirtnient. respect for the rights of other pupils, and fidelity to duty. These ob- ligations are inherent In any proiwr seli<>ol Bystem, ami constitute,' so to speak, the common law of*the school. Every pupil Is presumed to know this law, and Is subject to It, whether It has or lms not been reenacted by the district board In the form of written rules and regulations. Indeed, It would soein Impossible to frame rules which would cover nib cases of Insubordination and all nets of vicious tendency which the teacher is liable to encounter daily and hourly.’* While the offense for which the pupil was sus(>ended Is not stabwl in the Burpee case. It was npjtarently committed In the schoolroom and in the presence of the teacher, and hence It may be urged that the two cases are distinguishable. We have been referred to no deeiaiomdlrectly holding that the school authorities can susiHMid a pupil Ayr misconduct after school hours, unless the offense is a viola- tion of established rules, or Is conunlttwl In the schoollumse or upon the school grounds, or In the presence of the master and other pupils. There Is abundant authority, however, that the school board or the teacher may make rules to govern the conduct of the pupils after school hours, and punish a viola- tion thereof by suspension from attendance u(>on school. (Desk Ins t». (Jose, 85 Mo. 4S5, 55 Am. Hep. 387 ; Hutton i\ State, 23 Tex. Ajfp. 383, G 8. W. 122, 59 Am. Hep. 770; Wayland t*. Hughes. 43 Wash. 441, 80 Hac. 042. 7 L. R. A. (N. S.) 352; K Inzer v. Dlr^tors, 129 Iowa, 441, 105 N. W. m\, 3 U It. A. (N. S.) 490; Jones v. (Vx ly, 132 Mich. 13. 02 N. W. 495, 02 b. It. A. 100.) s It is clear, therefore, that n rule might have been ndopted by the school authorities to meet the situation here presented. This court In the quotation already made from the opinion In the Buri>ee case recognizes certain obllga- • tionB on the port of the pupil, which are inherent in nny proper school system, and which constitute the common law of the school, and which may be enforced without the adoption In advance of any rules jipon the subject. This court therefore holds that the school authorities have the power to suspend a pupil y for an offense committed outside of school hours and not In the presence of tbs 886 8TATE SCHOOL 8YSTEM8: LEGISLATION, ETC., 1906-8, / teacher which hns n direct and linmedinto tendency to Influence the conduct of other pupils while In tin* schoolroom to net at naught the proper discipline vf the school, to Impair the authority of the teachers, and to bring them into ridi- cule ami contempt. Such (tower Is esse>W in 1 to the prow* rvjut ion of order, decency, decorum, and good government in the public schools. \ The school authorities considered the ndscomluct for which the jnipils were BUHpotiried such ns to have a direct ami injurious effect upon the good order and discipline of tin* school. The relnlnr’s children were Instrumental in cm us- ing tin* puhllcatlou of the poem In n newspaper, which, supposedly. found its way Into the homes of many of tin* children intending the high si-hnni, and who would he ns much influenced thereby as tf the writing had been printed ami posted Iti tin* schoolroom, or there circulated and rend. The teachers are est*v billy familiar with the disposition and temper of the children under their charge and the effect which si Hi a publication would probably have upon the good order and discipline of the school. The school authorities must m*e<*esa.ri!y be invested with a broad discretion hi the government ami discipline of the pupils, and the courts should not Interfere with the exercise of such authority unless it has Immmi Illegally or nntynsonnbly exercised. .The trial court 1ms found that the net complained of does not evince an abuse of discretion on (lie part of the teachers, hut rather an earnest desire to counsel, admonish, and dlsripllpe tin* pupils for their own good its well ns for tin* good of the school. That conclu- sion Is supported by the testimony -and is here approved. This court Is not valu'd ufsm to decide as to the wisdom of the action of the school authorities, bur only as to their Jurisdiction within proper limits. The Judgment of the court below is atlinned. % TEACHERS’ SALARIES. ' XIII. Pennsylvania. I [Hounton v. eeentyei\ 11)04, the defendant, the Central Hoard of Edu- cation of tiie City of Pittsburg, by resolution, divided the teachers of the suh- dhitrlet schools below the eighth grade Into two classes, to be known as ‘Class A’ and ‘ CIhhs IV and fixed the salary of Class A nt various n mounts? de|>emlent upon the number of years* experience bad by the teacher, making the salary for above seven years’ experience $koo |**r annum, and ilxed the salary of the teachers in Claw B at $900 per uunuui. The requisites' of enrollment In Class H RECENT SUPREME O DEC DECI8TONS. 337 \v«»rt, first, the teacher Him 11 have taught seven animal terms of ten months onrh; 81 * 0011 ( 1 , they Hhtill liohl a permanent certltieule issnixl by the State of Pennsylvania ; third, they Khali In* nvyuunonded to the commission by the hoard of directors of the suhdisi rict in which they are oninlnvcd at the time of the application, mhl said reroniaiendath.il shall have t nlLpprovul of the principal and shall be Indorsed by a commission known as t lu7^e,acliers’ salary commis- sion ‘ njHiu ah luvostitfatmn and examination made by It/ The above is, hi snb- sl aiiCc, -the arts of the defendant which the plaint ilT alleges are illegal. "’ilie defendant is a creature of the legislature, and, unless the powers as- Muncd by it in the premises are aid Imrixnd by tin* Ic-lsla I lire, then It lias no n.-ht to expend the public money in tin* Curt bera iin* of the object to be obtained by the exercise of ibrse powers. The act of 1V1 n*na i*y \2, ]m;p ( p p I.'tO), cn-atin^ the Central Hoard of education of Cittsbui^ and doloruiininv' its powers, iv very specific, and ^o.*s inti; detail in fixim: Hie powers of ilie central borml. both as respects the hmh school ami the sitbdisi rh t schools mid the only power or control which the Central hoard of education mav exercise with ic'lercncc to the teachers of (be subdM riel schools is found in tin* twenty-sev- enth section of 1 be act, which provides 'That the central hoard shall' kve I-mwci* and authority to determine h|kui the number of traclc-rs in the subitfs- ! ri *;i S4 ; h,H,ls ‘ s< **"'• **l i i Id riM i of color and prulVs*, r s and teachers in the lu::h school, ami to lix and pay the salaries of nil do ail that Is required of them. If so. the (waver that made the Iiw alone etui remedy its defects.’ We think the decision of th/ft ease governs this one. Th® IKiwer to fix the salaries Is in the Central board of education. It has a discretion . 03470 — 00 TJ ' 8TATB SCHOOL 8Y8TBM8: LEQXHLATtON, BTC., 1908-8. 1 which must be exercised by It and can not be delegated to a commission, and the payment of salaries to this commission and the expenses of Its maintenance and operation and the payment of salaries baaedoipon the report made by It are without the power of -the central board and contrary to law. To the board of directors of the subdistrict schools Is given the power to elect the teachers, to supervise their cohduet during their incumbency, and to discharge them for reasons specified in the act of assembly. Necessarily connected with these powers Is the duty to pass upon their qualifications as teachers before their election, the efficiency of their work during their Incumbency, and their teem of service in the subdlstrlct schools. All these are given -necessarily to the directors of the snbdlstttrt schools. None of them are given to the central board of education. If we then give to the central board of education ]>ower to fix the salary dependent upon Its judgment of the qualifications of the Individual teach- ers* we take away from the directors of the subdlstrlct schools the jfist of their supervision over the Individual teachers aftd their determination of their quali- fications and efficiency. Of what good would be the power to elect n teacher by the directors of the Subdlstrlct schools If the central board of education might determine that that teacher w:is unfit for the position and fix her salary at such an Inadequate amount that she could not afford to accept the position? “ It was not intended by the legislature that the power to fix the salaries of the teachers of the subdlstrlct schools should, thus interfere wdth the pbwers ai d duties of the subdlstrlct board; but the evident intention Is to fix such a scherlence, her prob- able efficiency in the school, the position to which they would elect her. the exact salary which she shall get u|>on the assumption of her duties. And this Is , the Interpretation which the central hoard of education has placed upon the authority given it to fix salaries from Its creation up nnffl December, 1904, and it was in pursuance of this Interpretation of the act or assembly that It fixed the salaries of the teachers of the subdistrict schools, M (l) The plaintiff has standing to maintain this bill. • 4 “(2) The creation and maintenance of the commission known as the 4 teach- ' ers’ salary commission* by the defendant is without authortoof law. “(8) The payment of salaries and expenses &f said coinniflffiou by the defend- ant was unlawful. “(4) The fixing of the salaries by the defendant of the teachers of the sub- district schools below the eighth grade and above seven years’ experience, in accordance with the resolution of December. 1904, was not nn exercise of the power given to it to fix the salaries of the teachers of the subdlstrtet schools, and was, therefore, unlawful and void. “ Decree. M And now, September 22, 1906, this cause came on to be further heard at this term and was argued l>y counsel, and upon consideration thereof It Is ordered, adjudged, and decreed as follows, viz : “(1) The teachers’ salary commission referred to In the bill In this case is Illegal and has no legal right to exercise the powers purporting to be conferred upon it under the resolution adopted by the defendant and referred to In said bill. “(2) The defendant, the central board of education of the city of Pittsburg, its officers, members, and agents, are hereby enjoined and restrained from pay- ing out any fundB, by way of salary, exi>ense,‘or otherwise, to the memb^^f or on account of said teachers’ salary commission. “(8) The defendant and the members thereof are hereby ordered to resume and exercise the power and duty of itaing the salaries of teachers of the sub- district schools of the city of Pittsburg In accordance with the statute Id such case made and provided.” Argued before Fell, Drown, Mcstreznt, Potter, Elkin, and fltewnrt, J. J, . Pkr Curiam. The decree entered in this case Is affirmed on the findings of tact and conclusions of law by the learned judge of the common pleas. mmm 1 v ^ ~ - r - a— •; BkCENT SUPREME COURT DECI8IONB. TEACHERS* LICENSES — REVOCATION, 339 XIV. Indiana. Is/onb, county superintendent, v. Fsittb (Supreme Court of Indiana. November 26 19071 f 82 N. K., 792.] ♦ Appeal from circuit court, Owen County; Joseph W. Williams, judge. Action by Harry Krtttd r. William H. Stone, county superintendent. From a Judgment for plaintiff defendant apjieals. Reversed, with directions. Montgoueby, J., appellee, brought this action to enjoin appellant, as county superintendent, from revoking his license to teach school. It appears from the complaint : That appellee is a school-teacher of twenty years’ experience, and that on October 16, 1905, while engaged in teaching In Owen County^ ap|»ellant I ) retired and filed against him as such teacher the following charge and speci- fications, to wit: “ (1) You have refused without good reason to board lu your school community. Oti this account you are uuable to reach your school so as to begin dally school sessions fet a reasonable time. (2) You have refused without rensou to attend the preliminary township institute aud the monthly township Institute. (3) Y’ou have refused without reason to give regular at- tendance at the teachers’ county institute. (4) You do not make dally prepara- tion necessary for successful teaching/' That appellee appeared In response to notice, and such proceedings were had as resulted In the dismissal of such charge, and, on completion of his school term, appellant Issued to him a success graae of 92 per cent as a teacher. That afterwards appellee secured from the state superintendent a license to teach for twenty-four mouths from the 28th day of April, 1906, and on July 5 following appellant notified appellee to appear at his office and make answer to the above charge, and’ show cause. If aiiy, why bis license to teach should not be revoked, aud in respousifthereto appellee appeared In persontmd by counsel, aud caused the hearing to be' postponed until July JOth. Ap|>el!ee further avers that neither of said charges constitutes a cause for the revocation of such license; that appellant has no right or author- ity to hear and determine the earner that conceding the sufficiency of such charge appellant has no power to hear aud determine the same over the objec- tion of appellee; that section 9 of the act of March 3, 1899 (Acta, 1899, p. 245, i chap. 143), is unconstitutional; that the charges are untrue ami false, and aj>- pellnnt is not ah Impartial magistrate, and will upon such charge revoke appellee's license to his Irreparable damage. The court below overruled apj»el- laut’s demurrer to the complaiut, and the assignment that this ruling was erroneous presents the disputed questions for our decision. The statute upon which this proceeding was founded reads ’as follqws: “That the county superintendent shall (have) the |>ower to revoke lenses heretofore granted by himself or predecessors or hereafter granted hy the state superin- tendent of publlo Instruction, for Inconsistency, Immorality, cruelty, or general neglect, by the holder, of the business of bis school. Due notice of* such revoca- tions shall be given in .writing by the county superintendent, and an appeal therefrom shall lie to the state superintendent of public^ Instruction, aM If tlie t’snme be taken within five days after notice Is given 4 shall operate as a stay of proceedings until the state superintendent of public Instruction shall have passed upon such appeal. The revocation of the license of ahy tencher shall terminate his employment In the school in which he may have boon employed to tench/’ (Burns’ Ann, Stnt., 1901, sec. 590fif), It Is contended on bebulf of appellee thgt this section of the law wmtravenes section 12 of article 1 of the state constitution, which provides “that the courts shall be open; and every nuln fur Injury done to him In person, property, yr reputation, shall have remedy by due course of law ; *' and also violates section 21 Of article 1, which provides that “no* man's particular services nor hts property shall be tAken by law without Just compensation;" and violates the provisions of article 8 of the constitution by conferring Judicial power ui>on a ministerial officer. This complaint* can be held sufficient only upon the ground that the law In question Is unconstitutional, 6r that the proceeding assailed was wholly Void for want of Jurisdiction over the stfbject-matter or the person of appellee. The constitutional questions suggested are not of a serious character. It mtxat be remembered that the astablUfiment and regulation of pubUe schools J *! «*■ P'SRSSRrV BTATR SCHOOL BEKnWS : LEGISLATION, ETC., 1006-8. r rest primarily with the legislative department, and the* constitutional pro- visions invoked by appellee were not designed to trammel tLe^BWTTif tUT exercise of Its general political powers, or to im|M>se upon the courts the duty of Interposing between the legislature and the citizen In matters of pure govern* mental concern. The legislature, in the proper exercise of Its power, has provided a^enerdl system of llceuses for those- who desire to engage in teach- ing, and has authorised the revocation of any such llcduse by county superin* tendents for certain prescribed causes. A license hns none- of the elements of a contract, and does not confer an .absolute right, but only a personahprlvilegi* to be exercised under existing restrictions, and snph as may thereafter be rea- sonably Imposed. Statutes authorizing the Issuance of such licenses are-enacted to promote the good order and welfare of the State, nnd may ordinarily he reeled at the pleasure of the legislature, (Odder r. Knrby. 5 Gray (Mnwu, 687 ; Freleijth v. Stats, 8 Mo„ 000 ; People v. New York Tax, etc.. C^mmisslon/Ts, 47 N. Y., 501; Stiite r. Burgoyne, 75 Tenn., 173, 40 Am. Rep., 60.) " In the case of Doyle v. Continental Insurance Company (1M U. S., 535, IWU, 24 L. Ed M 148) the Supreme Court of the United States, In speaking of licenses, aald: ** The correlative power to revoke or recall a permission Is n ntx:es»p& consequence oT the main power. A mere license hy the State is always revoc- able.” The statute authorizing the granting of a’llceaRe may provide for it» revocation in certain contingencies, nnd, by accepting and acting under a license, the licensee couw?nts to ull conditions ImjKJsed thereby, Including provisions for Its revocation. (21 Am. and Eng. Ktiey. of Ijiw, S20.) in the case of I'onmion* wealth v. Kinsley (133 Mass., 578) the supreme court of Massachusetts said: “A licensee hikes* his license subject to such conditions as the legislature sees fli tp Impose, and one of the statutory conditions of this license was that tvji right be revoked by the selectmen at their pleasure. Such a license is not n Con- tract, and a revocation* of It does not deprive the defendant of any proi>erty, immunity, or privilege within the meaning of these words in the declaration of rights.” The supreme court of Mliuols, in discussing the proprietary interest of an individual In a license to retail intoxicating liquors, said: " He received the license on the condition that it might be revoked If hd should sell liquor on 8undhy, nnd he thereby assented to the terms and conditions.” (Sebwuebow ti. City of Chicago, 68 11!., 444, 40O.T • It Is our conclusion that the net in question does not assume to, nnd does not, deny appellee access to the courts for auy injury done to him In hl» person, property, or reputation,* within the meaning of section 12, article 1, of the state constitution. The enforcement of regulations enacted- in the prc|>er exercise of the police power of the State can not be resisted - as n taking of private property without compensation in violation of section 21, artie'e 1, of the stnte constitu- tion. (States, Rlchcreek, 167 IneclQ)ly created by the legislature for the purpose*” (Draper t\ Commissi oners of Public Instruction. 68 N. J. law t> 54, 66; 48 Ath, 066.) The rule of estoppel In this State caii not be said, to be so strict as the New Jersey doctrine hi view of the following provisions: ** Nothing In this act, however, sbali be construed so ns to change pr abridge Jurisdiction of any court In eases arising under the school laws of thls^Btaie; and the right of any person to bring suit In any court in any case under the school laws shall not be abridged' by the provision of this (Act*, 1890, p. 2 *2, chap. 143, sec. 4; sec. 6966, Burns! Aim. Stat. ft t* generally accepted doctrine that where a statute or ordloanca the vefsttbm of a Ucenss\fbr cansn enumerated such license eau y evofcedl- «poa a^ jpeafid othsrthan one of the coasts specified. (ft Am. and Btag. Ency. of Low, £20.) Hie eourt of i the aut of a HUpgr nn ffl l g^nt " I n' rev^Iri g Tl T eenae Is of Kentucky fmeardi er the lows of that Stmts as a Judicial proceeding, and erpresbly holds tturt, if in any case tbs superin- tendent is proAeding without jurisdiction, the circuit court has power «* re- strain the prtxGading. (Supt, etc., v . Thylor, 305 Ky., 387, 390, 49 S W 88.) We are not in accord with the Kentucky court in classing the action of a ischoel superintendent In revoking a license as judicial ki the technical meaning of tbnt word, but we do bold that be may revoke only for some statutory cause, uml, if attempting to proceed upon grounds wholly outside of the statute, his action would be without Jurisdiction, and upon a sufficient showing, a court of equity might Intervene to prevent the threatened revocation. If the superin- tendent is proceeding to hear a cbnrge fairly within the statute, and upon reasonable notice the accused must follow the procedure provided in the school laws, and. If aggrieved by t lie decision of tbe county suj>erlntendent, prosecute Giving appellee’s rights under his license the widest effect -allowable, the utmost Ik> could usk or exact of tbe State is thnl pn>ceedlug8 to revoke «uch license be made to conform to the law authorizing such revocation. Township nnd county Institutes for teachers are required to be held, their attendance la commanded, and jmy provide (Sections (1009, 6010, Iiurns’s Ann. Stat.) The statute Quoted authorizes a teacher’s license to lw revoked for general neglect •(*f the business of Ills school. It is manifestly t)i>on this ground that the charge under consideration was predicated. The first fq>eolflontion was not skillfully or aptly phrased, and In Itself might not Justify the revocation; but the com- plaint intended, doutrtless, wur not, as seemingly charged, that appellee. without gd reason, refused to board' In the school community, but failed to oi>en iris school nt a reasonable hour tmeauso he needlessly boarded at a plucc remote from the school. This feature of the general charge, so far ns we are advised, might have been amended or stricken out upon motion before the county superintendent. A party to a pending proceeding Is not entitled to relief by injection for matter from which he might obtain relief by motion in that proceeding itself. (22 Cyc.,-772.) The second nnd third specifications, as well as the fourth. If true, show si lack of interest In his work and a general neglect of his duty ns n teacher nnd of the business to which his efforts short Id be directed, and bring the charge within the terms of the Rtntnte, and consequently give the -nppellunt jurisdiction over the subject-matter. Jurisdiction over the IWRon of appellee is admitted by the averments of the complaint. In then circumstances, the conditions under which he ncoepted his license compelled him to sutmilt to the authority of the school officers, nnd, If aggrieved by the decision of the county superintendent, wk* redress hy an appeal to the state sn|K*rlntondent of public instruction. These officers are clothed with special powers nnd charged with the dnty of holding these institute* and -of laboring In every practical way to elevate the standard of teaching and to improve the condition <»the schools. Judicial officers, howsoever wise, should not hastily usurp thelt^prerogntlvcs nnd functions and seek to substitute their opinions for the opinions nnd judgments of men held acoountnbla for results In educa- tional affairs. Tribunals established by law may not infringe upon the juris- diction. of each other; nnd, as this conrt said In the case of Board t\ MarMa, 46 Ind., IKJ : “ In the present hn|*rfcet state of human knowledge, ft pow^r to lienr and determine necessarily carries with it a .power which makes thS determination obligatory, without reference to the question wlietherlt was right or wrong. If this were not so, the Judgment or determination of any court would be of no particular value. It might be attacked or avoided at pleasure, upon the ground that the coqrt or Judge Hhd committed «n error.” If questions affecting the competency and general conduct of teachers may be Indiscrimi- nately taken from the determination of school tribunals and submitted Is courts and juries, learned or union mod, ss they may b#, no discipline or harmonious system can be preserved, but the fate of a teacher may be made 4» depend upon bis pronunciation of such words as "Cuba” and "America,” a a exemplified in the caee of Carvet t>. School Dlst., aupca. ■ : 842 BTATB BOHOOL SYBTEM8: ^EGIBLATiON, ETC., 1908-8. Jurisdiction of the county superintendent being shown, the allegations with respect to his bias and want of judicial capacity are without force. He must answer to the body resiKmsible for his election for the manner in which he discharges his duties so long as he keeps within his legitimate sphere. The complaint is Insufficient to Invoke equitable relief, and. appellant's demurrer thereto for want of facts should have been sustained. The Judgment is reversed, with direct ious to sustain npj>ellauL‘8 demurrer to the complaint. TRANSPORTATION, OF PUPILS. .XV. Massachusetts. ?■ i f | Interstate Consolidated Street Railway Company r. Commonwealth of Miasachuurtta (Pnlted Btntea Sunrome Court ;* argued October 15-10. 1007? derided November 4. 1907), 207 U. S. 79.] In error to the su|K»rlor court of the State of Massachusetts to review a con- viction of a street-railway company, on ap}>enl from the first district court of Bristol County, In that JSiate, for refusing to transi>ort school children at n reduced rate, exceptions having been heard by the supreme judielul court ami overruled. Affirmed. i Mr. Justice Holmes delivered the opinion of the court. This was a complaint against the plaintiff In error for refusing to sell tickets for the transiK>rtntlon of pupils to and from the the public schools at one-half the regular fnre charged by it, as required by Massachusetts Revised Lifws, chapter 112, section 72. At the trial the railway company admitted the fact, but set up that the statute was unconstitutional, In tint It ilepled to the company the equal protection of the laws and deprived it of its property without just conqjensayon and without due process of law. In supi>ort of this defense u made no offer of proof which may be abridged into the profit ions that the regular fare was 5 cents; that during the last fiscal year the actual and reason- able cost of transportation per passenger was 3,Sfi cents, or, including taxes, 4.10 cents; that pupils of the public Bchools formed a considerable part of the passengers carried by It, and that the one street railway expressly exempt id by the law transported nearly one-lmlf the passengers tninsi>orted on street rail- ways and received nearly on#-half the revenue received for such transportation In the Commonwealth. The offer wns slated to he made for the purjxise of show- ing that the ’plaintiff In error could not comply with the statute without carry- ing passengers for less than n reasonable compensation and for less than cost. The offer of proof was rejected, and a ruling that the statute was repugnant to the fourteenth amendment wns refused. The plaintiff in error* excepted and, after a verdict of guilty and sentence, took the case to the supreme Judicial court. <137 Mass,, 436.) The court overrules the exceptions, whereupon the plaintiff In error brought the case here. This court Is of opinion that the decision below wns right. A majority of the court considers that the case is disposed of by the fact that the statute in Question was In force when the plaintiff In error took Its charter, and confines Itself to that ground. The section of the Revised l4tws (chap. 112, sec. 72) was a continuation of Statutes, 1900, chapter 197. (Ilev. l>nws, chnp. a 22d, wm\ 2, Commonwealth t». Ansehich, 186 Maas., 376, 370, 3^0.) The act of lncori>ora- tlon went into effect March 15. 1901. (Stat., 1901, chap. 159.) By the latter act the plaintiff In error was “subject to all the duties, liabilities, nnd restric- tions «et forth In all general laws now or hereafter in force relating to street railway companies, except,” etc., section 1. See also section 2. There Is no doubt that, by the law as understood in Massachusetts, at least, the provisions of Revised T-aws, chapter 112, section 72;. Statutes, 1900, chnpter 197, If they had been Inserted In the charter in terms, would have bound the corporation, whether such requirements could be made constitutionally of an already exist- ing corporation or not. The railroad company would have come into being and Rave consented to come Into being subject to the liability and could not be heard to complain, (Rockport Water 06, t>. Rockport, 161 Massachusetts, 2T0; Ashley I - RECENT SUFREHS COURT D. Ryan, 153 U. 8., 436, 443; Wight v. Davidson, 181 U. S., 271, 377; Newbury- j port Wqter Co. v. Newbury port, 193 U. 8., 501, 079.) ! If the charter, instead of writing out the requirements of Revised Laws 112; 1 section 72, referred specifically to unother document expressing them, and pur- *i j)orteornted or adopted as well by generic as by specific ref- erence, if only the puri>ort of the adopting statute is clear. (Corry v. Balti- more, 1P6 U. S., 4f>0, 477. See Purdy t\ Erie R. R. Co., 162 N. Y., 42.) Si>eaking for myself ulone, I think tliat there are considerations on the other side from the foregoing argument thnt make It unsafe not to discuss the validity of the regulation apart from the supintsltlon that the plaintiff in error has ^accepted it. See w; \V. Cargill Co. v. Minnesota (ISO U. S., 452, 40S). There- fore I proceed to state my grounds for thlgjdng the statute constitutional Irre- spectlve of any cllsabllltlcs to object to Its terms. The discrimination nllegtri is the express exception from the act of 1900 of the Boston Elevated Railway Company and the railways then owned, leased, or operated by It. But, ia the first place, this was a legislative adjudication concerning a specific road, us In Wight i\ Da vlda&n (181 l*. S., 371) ; not a general prospective classification, as In Martin r. District of Columbia (205 U. S>, 135, 13$). A general law must be judged by public facts, but a s]>edfic adjudication may dej>end u poll many things not Judicially known. Therefore the law must be sustained on this point unless the facts offered iu evidence dearly show that the exception can not be ,* upheld. But the local facta are not before us, nnd it follows thnt we can not any that the legislature could not have been Justified in thus limiting its action* - (Covington & Lexington Turnpike Itoad'Oo. r. Snmlfonl, 104 U. S., 578, 579. 508.) j In the next place, If the only ground were that the charter of the elevated rail- wny contained n contract against the Imposltlou of such n requirement, it would be attributing to the fourteenth* amendment an excessively nice operation to s:iy the immunity of a single corpora tlou prevented 'the passage of am other- wise desirable nnd wholesome law. it Is nn/iecessnry to consider what would* he the effect on the statute by construction dn Massachusetts if the exception could not be upheld. For, If in order to avoid the Scylla of unjustiflnble class legislation the law were rend as universal (see Dunbar i\ Boston & Providence 11. It. Co.,* 181 Mass., 883, 3S0), It might be thought by this court to fall into the • Chnrybtlis of impairing the obligation of n contract with the elevated road, ] although thnt objection might perhaps be held not to be open to # the plaintiff In error here. (Hatch r, Reardon, 204 IJ. S M 152, 100.) The objection that seems to me, ns it seemed to the conrt below, most serloufcr ! Is that the statute unjustifiably appropriates the property of the plaintiff In error. It Is hard to say that street railway companies are not subjected tom loss. The conventional fnre of 5 cents presumably Is not more than a reason- able fare, aud It is at least quest tollable whether street railway companies would be permitted to Incrense it on the grouud of this burden. It is assumed j by the statute In question that the ordinary fare mny be charged for these children or some of them when not going to or from school. Whatever the fnre. the statute fnlrly construed means that children going to or from school must be carried for half the sum thnt would be reasonable compensation for their carriage, If we looked only to the business asi>ect of the question. More- over, while It may be true that In some cnees rates or fares may be reduced to an unprofitable point In view of the business as a whole or upon special con- siderations (Minneapolis & 8t. IxmU R. R. Co. v. Minnesota. 180 U. 8., 250, 267), it Is uot enough to Justify a general law- like this, that the companies concerned still may be able to make n profit from other sources, for ail that appears. [ (Atlantic Const Ldnfc R, II. Oo. v. North Carolina Corporation Commission, 206 U 8., 1, 24, 25.) , Notwithstanding the foregoing considerations, I hesitatingly agree fclth the state court that the requirement may l>e justified under what commonly la /« called the ** police power.” The obverse way of stating this power In thW&dte In which I am using the phrase would be thnt constitutional rights, like otbersS 1 ate matters of degree, and that the great constitutional provisions for the pro- tect!^ of property are not to.be pushed to a logical extreme, bnt must be taken d to peigilt the infliction of some fractional and relatively small losses without o ERIC •44 STATE SCHOOL STOTEttS: LBGtBLATICfN, ETC., 1906-8. cethpenfl&tfcm, for wmf, at least, xff the purposes of wholesome legttftoitkm. (Martin v. District of Columbia, 206 U. 8., 136, 18»; OmufiekJ v. TJnlted Btatea, iff! U. SIS, 524.0 If tlie fourteenth amendment is not to he a greater temper Tijvn the estab- lished practices of the States In common with other Governments than I thtnk was intended, they must be allowed a certain latitude tn the minor adjustments of life, even though by their action the burdens of a part of the community are somewhat increased. The traditions and habits of centuries were not In tended to be overthrown when the amendment wus passed. Education Is one of the purposes for which what Is ended the “ police ]M>wcr” may be exercised. (B&rblcr v. Connnlly, 113 V. 8., 27, 31.) Massachusetts always has recognized It ns one of the first objects of public care. It does not folhiw that It would he equally In accord with the conceptions at the base of orntions s]>ecially subject* to legislative control. Thus the question narrows Itself to the magnitude of the burden im- posed— to whether the tax Is so great as to cm-inhI the limits of the police power. Looking at the law without regard to Its special operation I should hesitate to assume that its total effect, direct, and indirect, upon the roads out- side of Poston amounted to a more serkms harden than a change In the law of ‘nuisance, for example, might be. See further Wlllimns t\ Parker (lss l T . S., 401). Taming to the specific effect, tlu* offer of proof was cautious. It was simply that a " considerable percentage’* of the passengers carried by the company’ consisted of pupils of the public schools. This might he true without the burden becoming serious. I am not prepared to overrule the division of the legislature and of the highest court of Massachusetts, that tile requirement is reasonable under the conditions existing there, upon evidence that goes no ^igher than -this. It is not enough flint a statute goes to the verge of constitu- tional power, We must be uble to $630; o f school funds, V a., 175; uniform, N\*l)al»., 30. ! Accrediting of high schools. See High schools, ac- : crediting of; with agricultural and mechanical col- ] lege, OlJa., 1291 (11). Acquisition of public lands, Oreg., 40.1 j Act, independent, not aTvvbiuu ol statutes, Fla, I 1) 10. j Acts, of Iowa assembly, Iowa, D IS; of boards of I education, ratified, Arlz, 199. Additional l>ond Issue. Ind , 556. Additional- territory for school districts, Cab, 614. Adjustment of sch(»l district, Nebr., 341. Administration of estates or funds. Ohio. 1) 243. Admlnbtrntl \v control bf education, 1-57. Administrative units, formation, division, and con- solidation, 31 fi;/>l. Admission, public schools, restricting periods of, Pii.,917; to the school for the blind, Mien., 1552; to > the school for the deaf, N\ t l&ftb Adult Indigent blind, Instructor for, Del., 1548. Ad valorem taxes, Tex.. 44S. Advantages, school, equalizing, Vb, 486. Advisory hoard, district. Tcnn , 162. All-airs, prudential, management of, Ind.. 1) 196. Ago limit for admission to school for tho blind changed, M ) , 1,553; .V Mcx , 1555. Agent of the Slate, Ky., 1)201. Agreements, restrictions as to, Oldo, 242. Agricultural and mtv.hnnlcal corteges, appropria- tion. Iowa. 1316; Miss., 1323; Ky., H70; ha , 817; dlnkiinas and degrees, La. Si 7 ; establishing dis- trict high schools as branches of, Ga., 1277; farmers’ Institutes, Cab, 120b; formers’ institutes, Colo., 12t<7 ; fin 1 insurants, Okla., 1339; funds, Idaho, 1311; head of svStem of agricultural and Industrial education, 6kla., 1291 (7); land-grant funds, Wyo., 1) 1.156; for negroes, increasing proportion of federal appropriation, N. J. 1285; retirement of professors. Carnegie Foundation, I**.. 877' retirement of profoswirs, Carnegie Foun- dation, Mas?., 878; surveys, Okla., 1291 (9). Agricultural college. Mich., 27(8): abolished, Fla. 1)67, D 1406; annhersary, Mich., 1410; ceramics. N. J .. 1422; short courses, N. J., 1423. Agricultural colleges. 14(12-1449. Agricultural experiment station, Mass . 1415; N. Dak., 1431. See also ICxix'riment siatton Agrimltural extension work, Iowa, 1410. Agricultural, Industrial and normal college, Oa., 1396. Agriculture, county schools of, Mich., 1281; Miss., 12K2; Wls., 007, 1295; eletncnterv, urging passage of tho Hurketl-PoUard bill, 17 Uh, 1179; elements of, taught, Okla., 42; establishing dis- trict high schools of, (la., 1277; Okla., 1291 (14); establishment of departments of, Va., 107; ex- periment ^pnns, CoprM305; Dob, 1306; Mo., 1325; Nebr., 1329; 8. Kak., 1342, 1343; Instruction, public schools, Ark., 1176; Mom.. 13*tft; Okla., 1291 (2); Tox., 1178; Instniction In, shite normal school. Mass., 910; Okie., 1291 (<•); Instruction, summer schools. N. J., 939; state l>onrd of, Mich., 37 (7); state dimeter of instruction In, Okla., 1291 (8). ; other* to enactment numbers.] Aid, state ( tee also Appropriations, state); agrioul- _ tural and mechanical collage, Miss., 1323; agricuF ^ tural high Kdjools, buildings and support, Okla., 1291 (18); agricultural acnoola, county, Min., 1282; correspondence leaching, state university, Wls., 1203, county high schools, Ala.. 1213, 1214 1215; establishment mining trade school, Wls., 1296; evening schools N. J., 1196 (2); tanners' Institutes, Ala., 1205; for George beaoody Cottage for Teachers, Tenn., 808b; for school census In certain districts, N. Y.,969(5); higher educational institutions, Fla., 1308; high schools, B. (., 1251; high sohools giving normal training, Nebr., 923: Va., U2(>; lilstory, local, lor promoting study of. Me., 1166; indigent pupils, higher Institutions, hi. Mex., 1332: ind us trial education, Conn., 1274 (4); industrial education, N. Y., 12S7 (4); Okla., 1291 (18); manual training, Wls., 1181; medical insj>ectton, Mass., 1122; normal and industrial schools Va.. 919: normal schools, Ala., 000/901, 902; Ark., 903; Me., 922(a); Mass., 910; Nebr., 923; normal schools, agricultural education, Okla, 1291 (6); normal schools, buildings, ("onn., 906; Wls., 921; normal schwas, for negroes, Md., 909(a); normal schools, for negroes, buildings, N. C.,9I3; normal schools, summer, Idaho, 933; Minn., 936; public schools, buildings, Ala., 706; Sokakawea, site for statu? of, N. I>ak.,fn>fi; salaries of teachers in unorganized districts, N. Dak., 8(V4; State School for Boys, Me., 1583; state universities, Ala., i360; Minn., 1375; Miss., 1370; Nebr., 1328; Okla.. 1382, Oreg., 1341; TcnD. . 1385. M Is., 1393; summer courses, N.J.. 939; Teachers’ Annuity Guild, Conn , K72; teachers' Institutes, Arlz., 928; teactwrs’ Institutes, traveling expenses, Fla., 932; testing sight and hearing. Va., 1125; text- books free, Md., 1141; text-books for state orphan Insti- tutions, ('ah, 154*H; transportation, rural schools, Wls., 1U20; to weak school districts, Ohio, 867. Air, pure, requirement In school. Ind., 229 (13). Alabama: I, 1) 2, 58. 116, M7, D 118, 290, 314, 458, 4W, 706, 759. 7tX). 830, D 83b 809, 900, 901, 902, 949, 1143, 1144, D 1145, 1205, 1213, 1214, 1216, 1273, 1303. 1357, 1X58. 1359. 1300, 1402, 1450, 1488, 1531, 1663. Alabama tiirls’ Industrial School, Ala., 1273, 1303, Albany, N. Y., teachers’ pensions, N, Y., 88tf,* Allowance, for printing, Aril., til; to county clerk. Aria., 182. Altera l ton qf Softool district boundaries, Kans., 333; Nebr.. 34?. Alumni representatives on board of trustees, Conn.. 14(15. Amelioration of condition sf the blind, N, J., 1554. Amendments, state constitutions, special levy tor educational institutions, Fla., l.Vt7; to school laws, Iowa, I) 15. Amusements, exhibitions and shows, licenses of, Mass., 25. Annexation of adjacent territory for school pur> poses. III.. 326; Kans., 330; Ohio, 349; Wash. . 800. Anniversary of founding of a«ri cultural collage, Mich., 1416- Annual limit of state aid, Wis., 507. Af»ology for offense, insufficient, Iowa.. ]) 129, Apparatus, school, adoption by state text-book commission. Okla., 1 151; uppmprUUon for, Wls., It4; deficiency in, VYla.. 492. Appeal, fronuleclslon of commissioner, N. Y., D88; to state board of education. N. J., U 84. 4 Application, for a special school tax, Tex., (163; for slate aid, to be approved, Wls., 492; to state superintendent, N. J., D31. Appointment, of a relative an offense. Okla.. 43: of (roe students, N. C. t 1489; of parish actual 846 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1806-8. 'll' J'- »« | Figure* In italic* refer to page* ; other* to enactment number*. directors, La., 73; of superintendents of public instruction, N. Mex., 32; of teachers. H\ of teachers, according to merit Ust, N. Y., 22V (V). Apportionment, of appropriation, Okie., 478; of forest reserve fund, Nebr., 307; of Inoome of school funds, Okla., 478; of school funds. 111., I) 127; Ga., / 404; Ky., 465; Utah, 48.5; Tex., 630; of state school funds, 463-492; detention schools, N. J., 1016; educational Institutions, N. Dak., 1336; forfeit for nonentorceinent compulsory education act, Del., 1026; model schools. Wash.. 920; teachers' Institutes, Aril., 928/929; transportation, N. J„ 1008. Appraisal of school property, Okla., 401; Conn., 610, 611. Appropriation, by countv hoard made from gen- eral not from district fund, N. C-, 1518; federal, Okla., 478; for agricultural college, Lass., 1399: for benefit of university, Ky., 1397; for college, N. If., 1504; for educational < ominission, III., 12; for experiment stations. Ala.. 1402; ill., 1409; N. Dak , 1431; for experiment stations, Increased, Ain., 1450; Ark., 1451; Colo,, 1452; Conn., 1453; Del., 1464; Fla., 1465; On , 1456; Idaho, 1457; 111., 145H; Ind., 1450: Kans ,144 0: Kv., 1461; Td e. , 1462; Minn., 1403; Mont., 14 r 4; Nebr'., 14' 6; Nev , 1466; N. Mcx, 1467; N.C., 14-8; Ohio, 1470; Okla. 1471; Pa., 1472; Tenn., 1473; Tex., 1474; Utah, 1475; Vt., 1476; Va., 1477; Wiwdi., 147S; Wyo„ 1479; for high schools, N. C., 148; for institute for the blind. ,Vp., 1550; for orphan home, Pa.. 1507; special, to university, Ga., 1407; restrictions of, Ohio, 242. Appropriations, state (see also Aid, state), for preparation of schooilumse plans, \\ is., 712. state, text-book ronuimriun, ,Yo , 11 47; state! text-lKX>k commission, ukia. . 1151 (27). Approval , of appueatlon for -state aid, Vis., 492; of buildings and sites. TTb-712: of pians of school buildings, N. Y., 22V (4;; of qualified voters of city, Mass., 210. Arbor Day, Mont., 1182; N\ J., 1184. Arizona: 50. U), M, 119, 182, 1K3, 315,316, 317 4M 456, 4/H, 638, fill, 612, 676, 732, 7ld, 7o2. 7-J, A’, 1 928, 92V, fti7, 90R, 984, 1021, 1126, 1185, 1304, 1451, 1564. Arkansas: D 3, D 62. 120. D 184 , 439. D 639. 1) 540, 613, 7X1, 808, 903, 930, 1022, L> 1101, 117.1, l3ol. 1362, 13o3, 1532, 1.547, 1565, Arkansas btate Normal School, establishment, Ark., 903. Artesian wells upon school lands, 8. Dak., 407, Assembly, Iowa, acts of Iowa, D 15. Assessed valuation ba is of bond issue, Wls., 610. Assessing and collecting school taxes, Oa. , 618. Assessments, for drainage purposes, Wash., 414; of school taxes, change In record book, Va., 668; under constitutional provisions, Okla., 3,u. Assignee of purchasers of school lands, N. Dak., 336. Assistance, clerical, for commissioner, It. 1., 98; to weak school districts, Ohio, 476. Assistant county superintendents, Minn., 138. Athletic association, Mich.. D 1299. Athletics, football, right of authorities to prohibit game, Iowa, D J093. Attainments, of pupils, N* J., 30. Attendance, at county school convention, Oreg„ 155; average dally. Arts., iVi; Cal., 1) 457. Attendance, compulsory, Arts., io„ 1 ; Cal., 1025; Del., 1026; 111- 1031; Iowa, 103j; Mont., I) loSNi'Mich., 1041, D 1042, 100; N. I., 1054; N. Y., 1055, lOfle! 1067; Ohio, D 1067; Okla, KM; Oreg., 1000; Wls., 1085; W VO. , 1087; a#f* certificate* certain schools, Mass., 1037; Caranlxdl County, Tann„ Ui74;oert4fl- cates, Pa. 1070. 1071: deal anil blind children, 8. Dak., 1073; deaf and feeble-minded, exemption of, N. Dak., 1064; deaf children. Mich., 1039; Minn., 1046; N.C., 1061; exemption, N. II., f) 1005; for full term in cities, Nebr., 1062; Golds. *oro Township, N, C.. 1050* Indian children, N. C., D 1062, 1063; 8. Dak., 1072; local option, N. C.. 1000; local option, Va, 1079; payment to widowed dependent mothers of children subject to, Okla, lu68; Hlchmond County (Augusta). Oa, 10 8: St. I ouls, Mo., 1049; . fioott County, 'ram., 1074, 1075; unorganised towns, Vt, 1077, Attendance, Indigent children, Oa, 1028; nonresi- dents, Arix., 984; nonresidents, Idaho, V8G; of non- residents, Me., 495: officers (see Truant officers); school, 75; teachers institutes, Am., 9J9. Attorneys, school, provided for, Vinn., 217. Audit, of books ana records, Midi., 135. Audit and payment of claims. Va., 533. -Auditor, to publish loans fro n school funds, Ind.. 420. Authority of school districts to levy taxes, Kans., 632; of school inspectors, Mich , 297: statutory, ab- sence of, Kans., T> 18; to appoint janitors, Mass., 209; to compile school law:- t ireg., 46; to employ teachers, 111., I> 6_6; to establish state Inxird of agriculture, Mich , 1418; to lew taxes delegated, N. (*.,!> 651. Authorization, of ImIMing necessary, 111., I> 628, 629; of state treasurer to pay school moneys, Okln., 432; of university to receive as a I 'ranch any oilier uni- versity, Wls., 1513; to Ikwtou* monov for sctiool purposes, N. j., 5S0. Authors of text-books, N. V., 229 HI). Average daily attendani e based upon five preced- ing voars, Me., 405; must be no less than six, Vt., 486 (4). B. Balance, of dog tax toAo school fund, Mich., 516; unexpended. Arir... alw. Ballot, forms of, Mich.. 297. Haiti more, playgrounds. Md., 1197, 1197 (a); teach- ers' i>*i#dotu. Md.. 877 (a). Basis, of apportionment of school funds, Wash., 110. of distribution ofWhool funds, Pa., 4 X 1 ; of state aid for high schools, \ t., 502; of taxation last assessment roll. Cal., 614. Beliefs, religious or political, shall nnt control, Vt., 1509. Beneficiary^ scholarships In agricultural college, Ihmefitsof grant accepted, Fla.. D 1406 . 1 ten ton High School, prohibiting sale of liquors •ear, ba., 738. Bequests, legacies, and gifts taxed. Okla., 446. Bettermont of rural schools, WR, 492. Bible reading, N. Y., 3/3-3/57 Tex., Std-XtO. Bihllography of education, legislation. 16. Blank forms, registers, courses of study, examina- tion questions, Ariz.,61. Blind and deaf children, XJtah, 1543-1544. .Blind children, education of, 1547-1557; compelled to attend school, N.O., 1550; 8. Dak., Ift73 ofth* State, condition of, N. J,, 1554; provided for, Mich., 27 (15). Board, mav contract with boards of other districts, N. It., 647; of agriculture, state, Mich., 27 (7); of arbitration, change of boundaries, Mo., 339; of commissioners for sale of lands, Ore*., D 404; ol division or apportionment. Vt., 486 (2). Board, state teachers' training, to arrange system of normal Instruction, Ind., 922. Board ofe lucatlon, clt .*, dlsmisShl of teachers, Col., 1) 832; N.Y., 845; created, lr., 2C8; Te.nn., 258; W. Va., 276; citv, employe- ent of teachers, i al,, Ml; county, teachers' contract^, la. ,830; D 831; head of depart ,ient of public Instruction, N. Y., 229 (t); in citlee, Ohio, 236; lew of ta ea, Ohio, I) 38; local, authority to contnll fraternities, Minn., 10)5; local, no iuatlon of teachers, / la., 830, D 831; local, relief of lndlrcnt pupils, Ohio, 917; local, tenure of teachers, Ohio, I> 862; local, transportation of pupils, I) 1009; state, Mich.. 27 (6); state, cert 1. cares, Kans., 8‘6; Klch., 820; state, contracts waiving qualifications of teachers 1 1 legal, 111.. I) 835; state, normal instruction In hi^n school), Va., 920; state, pension regulations, R. I., 813; state, retirement of teachers, Va.,896; slate, to constitute teachers’ training lx>ant, Ind., 922; to hold over, Okla., 245; to make rulw, 111., D 196; to make and enforce rules and regulations. Nev., D 224. Board of educational examiners, Nev., 29. Board of aril matea. n red sum to be raleed for school purposes, N. J., 525. INDEX. 847 IFlgurea In italic » refer to paBes ; othera in ennctmont numbers] Board of estimates and apportionment, N. Y„ 229 (13). IJor.nl of health, state, I) 7M: state, required to In- spect school houses. Mass., 7 IS. Board of Inspection for school houses. N. Dak., 707. Board of Inspectors, In place of cllv council, Minn., D 222; to employ clerks. Minn. ,217. Board of regents, of agricultural colleges, Okla., 1436; of university, Mich., 27 (3). Hoard of school tnistees, empowers! to issue Iwnds, Ind.. 5.55; slatutorv, lud., 1) 1%; Incorporated, Tex., 201. “ Board pf trustees, of college abolished, (in., 1408; of liLtiitute for the deaf, Ala., 1.531; nvonstdu- Mon of N 1420. Boar- 1 of supervisors. Mich., 135. BjBlilof visitors, provided for, N. C., M29. [rotinlsNwl ofltcers, od unit tonal Institutions, ap- proprlatinsi for salary aiyLi'xpcnsu.s. okla., 13*18; stole, acooitauibUlty for rx'jlenditunx;, l.a.. 1318; N. l>ak., l'ldfi; aiintml Inventories of projvrtv, N Dak., 1317; University of A r kauris, Ark., 1372. Boards of school Inspectors, 111., I) Kt4, 024; not to levy taxes, III., 1) liuitl. Body corporate, lx>ard of regents. Midi.. 27 (4). Bond, for ordnance rind ordnnnrv s ton's. S. 0., of district clerk, N. J., 22(1; of treasurer, Minn., 218; Mich.,518. Bonil Issue for repair of schools, Miss., (742. Bonds, county school, Va., 177; exempted from dchl ! limit, Minn., .571: exempted from taxation, S. (' .592; for the liquidation anti pnvment of claim, Ind., 1497; hehlnv school fund, Ivans ,421; / illegally Issued, inti., .5.54; Issued for school pur- poses, 8. Dak., 100; Tex., D 309: Cal., I) 542; Conn., 5471-547; Del., 64s ; Ind., 655*58, 559; Nehr.. 57ii; \<>v., 577; h*. J., 679: N. Y., SSI; N. Dak., 684; Okla., .5*5: It. I., 590; S. C., .591; S Dak., 593; Touii i , 694; Tex., 59(1; Utah, 599; Wash., (4)1, (.04; W. \ a., 005; Wls., 008. 009; not to exceed 10 per cent of projmrty, Kans., .562; toerrvt high school building, Ivans. , 60.1; Mont., 675; to pay Indebtod- nesi, Kans., 502; Ind., 357. Bonds and indehtodnesaXhulldlng bonds for state university, Idaho, 1312, VlU. I) 1315; constitute lien on district property, \'a. 709; county high schools, Nehr , 124* ; coitnm hlch schools, Cal., 1221; oouuty high schools,X>ulldlngs, awl sites, t’olo., 1225; experiment farm, I).*!., KWh; fire pro- tecUon, UUca, N. Y.,(>95; University of Virginia. Va., 1340. Bonds and notes. canopied, Ind., 557. Borrowing money authoriied, Ark., D 539. Boston, author! dng vacation schools, itlaygrounds, etc., Maas.. 1197 b; school tntrsus, Muss., 1123; teachers' pensions. Mass., sho. Boundaries of school districts. Orrg., U*i; Ala. 314; Arlz . 31 fi; Cal.. D 321); Oa, 322; Iowa. 328; Kans., 333; Minn. , 338; Mo., 339; Nehr.. 341; W. Va.,361. Branch station of state experiment station, La., 1412. Buffalo, N. Y. r teachers' examinations, N. Y., D 776. Building, for school for the feoblo-mlnded. Mo., 1559; bonds for payment for labor and materials, 8. 4>ak., 700; fund limited. W. Va , 489; must first be authority! tiofore tax Is levied. 111., D 6&i. Buildings and sites, (I7ti 705; approval of plans, 70f> 712; dcxsoratlon. sanitation, and Inspection, 713 731; engineering department.- stale univer- sity. Minn.. 1376, higher educational Institutions, Idaho. 1312, 1313. 1314. D 1315; In prohibition districts, 732- 741k normal schools, appropria- tions. Conn.. 906; state aid. district agricultural htydi schools. Okla, 1291 (18); stato university, Wash.. IHWt; Wls.. 1393. * Buildings and suppl: •«, local tax levy for, W. Va, 671* Burkett- Pollard bill, urging passage of, Utah, 1179. C. California; 4, D 6. 63. 64. 121, 186. D 186, D 186, 818. 319, DJ20. 382. 417 (a), I) 467, 608. Ml 1) 642,. 614, 749. DTO. D 833. D 834. 855. 904, 960. 909, 1023, 1094, 1026, 1088,- 1107, 1127, 1139 a, JIM, 1177, I D 1190, 1193, I> U94, 1206. 1220. 1221, 1222. D 1223 j D 1224. 1364. 1365. 1491. 1492, 1514, 1566. 1567, 1508, j S0>>-310. S!0-3t3. I Cancellation of warrants paid. Cal.. 509. j Care, of historical collections, Iowa, 1516; of school lands, N. Mcx.. 32; of school propertv, duty of I hoard, N. Y.,2*29(U: of the feeb I ©-minded, Me,, i 1559. Carnegie Foundation for the Advancement li j Teaching, Ka., 877; Mass, 87 k. • Cams, of extreme emergency. Ky., I> 22; of Indi- gence of feeble-minded, N\ Dak., 1561. Census, of blind and deaf persons, Idaho, 1634; of cUildren, bads of distribution of funds, Pa., 481; taken bv board of t rus tees, Aril 183. Census, school, 949-906; Del., 1026; N. Dak., 475, 961; Tenn., D 4K3; Mont.. 956, 957; Tex., 963; Wash.. 965; biennially, by local authorities, Ala., 949, changing year of quadrennial, Miss., 955; creatin'.; census boards Ineltles. N. Y.,959: defect- ives, La., 97*3; defining census child, Cal., 950; enumeration of defectives, Ohio. 902; quinquen- nial. N. J., 958; uponchangeln boundarlrsof dis- trict, Vu., 964. whakto include, Cortn., 05a Census board, in cfnes, N. Y., 959. Centralization of small schools, Vt., 486. Centralized schools, control of, Ohio, 348. Ceramics, tnstnicilon In, N. J.. 1*422. Certificate, general, to pav warrants, Wash., 5716; of election returns, Ala., 290: Pa.. 305; of expenses, sworn to, Vt., 486 (3), of necessity by board equal to an authorization, 11!., I) 629; of qualllcation, It. I., 249; of vaccination, Ark., D 184. Certificates, hlghmt state, N. Dak.. 90; of teachers, Nev.,29; N. Mvx., 32; 8. Dak., 100; Ind Aril., 454; of teachers, must t** sfcdwn, Idaho, 193; of teachers repealed, Iowa, D 130; without examination, Wash., 112. See alto Toothers’ certlfleates. Certificates and examinations of teachers, 759-796. Chair for forestry In state university, l.a., 1413. C hairman, of division boards, Ky., 133; of school board, Minn., 221. Change, of boundary of school district, N, Y., 346; Mtnn.,520;of namo, of agricultural college, S. Dak.. 1440; of name, of college, Kv., 1499; of name, or high school district, Cnl., 318, of name, of reform school. Pa., 1507; of name, of school, La., 1535, 1549; Ohio. 1540; Utah, 1542; Mass., 1558, 1560. Charges against teachers, Cal., D ifja. * Charleston, S. C. r teachers' retirement fund, 8. C.. 894. x ' Charter, city, N. Y., D 33. 230, 231: Tenn., 257 Tex.. 2«2; not to tv granted by sporlal law, 8. C., 1) 352: special, Tex.. D 6A1. Check list used in election, N. II.. 646. Chicago, 111., high-school fraternities. Bl., D 1090, D 1091; pension fund for teachers, 111., 874. D 875. Child labor. Ark., 1022; Arts., 1021;' Cal., 1024,46025; Fla., 1027; (1*. 1029; Idaho, 1030, 1033; Kv., 1634. 103.5; La., 1036; Mich., 1044; Minn., 1045; Miss., 1*47; Mo., 1048; Mont., 1060; Nehr. 1051; N. Y„ ldt8*. N. C., 1060; Ohio, 1006; Pa.. 1071; Vt., 1076; Va., 1078; Wash., 1080, 1081, 1082; Wls.. 1086; Camp- bell county, Tenn., 1074/ certificates. Pa., 1070; fit. Louis, Mo., 1049; fleott county, Tenn., 1075. Child labor and tniancy. 1021-1087. Children, not vaccinated, ox eluded from school, N. Y., B 34; on Island, cannot ho held under the eompulsorv attendance act, Mass., I) 335; totally deaf or Mind, Utah, 1643. Church IkkIIcs and alumni to etect trustees, Ind.? 1495. , Circulating library for the blind, Utah. 1524. Chius, of the first class, schools under control of Okla., D 45; Wls., D 2Kh; of tho second class, Va., 358; relncorporatrd, W*Ls., 284; under eud**nt ami de- linquent children, I tah, Iftlft; parental schools. Wls.. 1617, permanent census lK>urds. N. Y ftfW; touchers' Institutes. Wash., 940; ftnurn of teach- • ens, Cal. , 1)832; uniform texl-ttooks, Mo.. 1147 (3). City superintendent of schools, Nov.. 2ft. C*Uv treasurer. compensation, Va., 172; reports of, i N. Dak., 527. | Civil city, government of, Ind., 1> 1%. Civil government. Inst ruction, N 1 ltl* Civil-war claims, added t« school fund. Vt., -i;t5 (1 Ctassl find Ion. of piddle lands , Oreg., 4**3; of scliot>l districts. \rU.. (.M. Classification and arrmigrnmnt . method of, M. Clav working and ceramics, Instruction In, N. J , 1422 Clerical assistance to county sujierintotideiit-.s, N J , 1 44 Cleric, of school l**ir.l, Vu., 27ft; \Vis..2s2: performs duties of in. usurer. l»ldn. 52S; lo keep record's. , N. V., 22ft (td. i uft to take f«**s. N. Y . 22ft (tlj; lo : administer oaths. N Y 22ft eft). Clerk of school districts, allowance, Arl-.., 1W, , Closing a school, fur luck of pupils. Mass., P '2*‘». Clothing provided for indigent deuf and blind uhll- dren. N . 1528. Code, political. Cal.. 122. Codification of school laws, lowu, 14. Collection of local senool lax. lia.. 322. 018. College, agricultural, brunch of university. On., 13'.*' ; of juiriorJ. Mich.. 27 (Hi): proj writes trnnstarred lo county hoards ot cm lucutfon. IVnn.. LVK. Colleges (xrr nlxn l nlverdties and colleges). tuny bo sup)>orted hy tax, Ohio, i». (*.77. 1175. luHft. 12C7. 1225.. 1395, 13‘ifl, 1403. 1152, |4«t. I.V4I. 1A7H. 1571, DUO. (Colored children, no exclusion of. Ivans., 1) 17 Coion*d jieople, school districts for, Del.. 321. Colored school taxes. I >el., ft Hi. Columbus Day. declaring legal holiday, Colo , 975. Conimerclul courses In high schools. Me , 495. Commission, allowed to county treasurer, Vu., 17/. Commission, agricultural and industrial education, Okla.. 1291; educational, creidcd, 111 , 12; Ky., 20; for rorttrol of summer normal schools. Idaho, 933; for examination normal school* facilities, Vt., (MS; for the hi tint. stale, Mass ,157)1; hlgh-soliool build- ing, Haverhill, Mass., 12-3; Industrial nil mat ton, Md., 1278; Muss.. 24. 1270, 1280; N.J .12S4; Okla, 121*1 ; on stale Icxt-ltooks, Konst, 71; school lire, Ohio, 37; toxM*ook, salaries, per diem, Mo., IH7 (2); N. C. f 1150; Okla. 1151 (23); text-hook unt- lopnlty, Cal., 1127; Idaho, M4(j; Mo., 1) 1133, 1147; Mont., 1 148: Nov., IHft; N i\, ll. r O; Oklu 1151: Tex. . 1153; to amend, revise, and collate •the laws. Pa., 47; to dcvlmt method of expanding school system, Va. .52; lo examine and codify (he » laws, Iowa. 14; to mxxUIy tho code of school law. Wash.. 53. Commission plan, for cities. H. Dak., 2x53. Comrttlsslonor. oi deeds, N. Y , 229 (0); of educa- tion, city N. Y , 229 (2): of Sh; of land uftlw to make leases. Okla., 401: of imhllo miMirla, N. J , W; of public xwurks, N. Y , 220(13). Cammltton of at»prals«*nM*nt, Conu . 510. Coalmen council, to lnv*'8tigj»tc corporations, Ind , D397; to supervise and investigate. Ind., l> Common srhnols, Iron Mont . I) 2K; Imsune fund, More., 392: iiuwilng of U*rm, Okla., 1151 (25); -Kans., 1) 1236; Organization of, Ohio, I) 40; pro vldod for by constitution, Cal.. 1) 457. Compensation, ol board of edifnatlon, N. Mox., 32; Ohio 239; W. Va., 277; of clerks of boards, Ohio, 153; Nov., 224; of convention rrmnit>erB, Oreg . 155; ofe'otinly auditor, Iowa, 383; of county board, l ift., 124; rkh, 167; of county hlgh-echcwl trus hx«, Kans , 132; of county offtwre. .ft. <\, 158; of county stux'rlntendtuits, Mw., 141; Tex.. I6<>: of district clerks, N. J., 22ft; of mend hi rs of l>oard of examiners, Iowa, 70; for school (‘Qinmlxsioners. Tenn. ,25ft; of scbooldlnTtor, VS is.. 27K; of sohool- dlstriet tn«wun*r, VV’ls., 2T.v, of state ^uin rln tend- ent. Mich., 27 (2); La., 72; of tax a*»t>sor. La., 5li>; of townshlji otticors. Midi . 2ftji. Conipilation of.v hoot law. Dakota, N. Dak., 35. ( omplaints of rilixeiis. I’u., 48. ( om|Hisit Ion, of state Innird td education, ('id., 1^7. Conditi(ins, of eominnn si houls, i:ii|inry, Conn., s, under which stain aid is withheld. W is.. ;'4R*. Congress, iiiemoriuluetl I « v Wisi'onsin legislature, Wis., V»; la ilix i(k‘ us<' uf fund. S. C., 37(>. CoNSKith i t; 7. K. i.A.m., |s«, hft, 291, 45k, 450, 4i4i- MO, Ml. M3. .Vi 4. 515. -Mo, 547. 734, 772. 1KX*». ftii, , fth.*». 1 120. 1140. I22*i, 1274. Kft4. U05. KM. 1494. < omiectk nt, liuu tiers' Atmuily tiulld, stuto »dd. Conn . k?2. Consolidation, of administrative units, 3li-3i»l; of rurul school districts. Minn.. 4iX; of schtHil dis- tricts. V.. Vn , 54: Ari/. . 317; tin.. :t22; lll.,3’2i ; lowu. 327, 32-. Kalis . 1) 3 VI; N J . Ml; (onn, .511; N J . 57ft; size of srhnol .site.s, lowo, PS2 (szr also liiiloti school disiru'is'. of*sc:hooK, i«4 IU20; Ind .ftftH, lim2;t»hio. 1011 : Wis., 1020. Constitution, contravention of Wis.. D>7; dlrei'ts llm levying of school laxtix, N‘. (’., D (*52, now. of Midiigan, Mu h., 27; of Oklahoma, Art. XL l)kl:i.. ton of <»ld:ihimm qnote lifti paid fur i>:i the ranUtl plan, t >kla.. f>54; with nderoiH-e to lighting, heating, and ventilation, N. Dak., 797. Contagious dis«»a.s»‘s {.trr a/.to Medical Insjnx (lop anil \ .lociniuionL Onl . lift?; t'omi.. 112(1 (5), pniliiluiiug -chmd atmndatu'e from qtmmu lined pltiiS’s, Oreg.. 1110; teiwhers’ salaries during fhisp of si'hoftl Iiacuiino of. N M**x.. KM*. ; Conlrarl, awarded to lowest bidder. N. J , Ti 22S. itetween district board and state iKiard, 111 . D I ft’ij; for school buildings, to Inclmln IhiihI for prompt payuienl for labor ami nmteriul, S. I >ak . 700; for school supplies. N.J. I > 22*; not bn paired by new law, F1 h . 1> Mftii: of teachers, 14. (aiii Ira vent Ion, of Urn state constitution, Wls., 1> 2S7. (’ontrol, by lH>ard of truM«x v s, Tex.. Itfiftt; of public ednootlou, 1-57; of pnhltc lauds. Oreg . 4(W; of public school.-. Cal., 1> 5; Fla., Ala., 1) IIS; Tetui.. 25ft. Sro Src al*o Mana^’inent and government of schools Controller of lavas, N. J., 472. (7oiitrov*sn?lcs under school law, N J., I> 84 Controversy, tx'twonn a cillzxm and school board, N. J., I> 31. I’onvoyiuicc, of land to VL S. (Jovemment for waal her Station. Mich , 1417; of riMl estate Udong- inc to educational lusiliuliints, Va., 1510, 1511; of scnooltiousrs and lauds, N J , ;t43. Cottvenb nee of access to JX'hn*)!, N J.. 3d Cmiventlons, coflnly school tioant, Oreg., 155. Conversion of the s*dux>l fund, CuL, 417 (a). Cottvlcb*. pay for thrlr him, S. (' , 1439 Cooperation, of State and nation, Wls , 55 with fanners for deiunmitrat ion farms. N Dak , 1434. ConxmU punishment, IhU lliM; N. (',.1) 1101; Tex-, D 1 102. 7 Corporate entity of school district. Cal., 1) 820 Corporate powers of school dUtricta, Va., 27" INDEX. 349 1 l Figure* in itaiica refer to pngon ; other* to enactment number*.) Corporate prui#*rty, snhjeot to local taxation, (!&., 018. Corporate riches of College of Agriculture, N. C., 1 1429. Corporation, u municipal, Midi., 1) 215; immicipul, euiiKJweivil to employ u siijKrinU’ndeiii, t al., 1> 187; for tin* maintenance of sclmoN, Wis . Ifilii Correspondence course, J’ui verst ty of Wisconsin, Wis , 12U3 ' | Cost of county schools of agriculture, WIs.. i -i >7 . ! (’nun lies, division of property l ei«iT». tfkhi . 372. ■ County, may lend money to district. Vu.. tdKi, to build schueUmuses, Okla , It 4.'). unit of school organl/nUmi, K y., 133. County udvi'ury iwiard, Ti’iin., Iftt. County Lamnl of mine. i. Ion {*re at.'-o Hoard of edu- cation, county}; H. Dak , 100; Minn . 137; co:n- |.ens;Uinn, S C,. 15K; idt^i I»l lit y . .\U , llii, |U d!- ni, S. C . 1 (>n, i County Hoards and t lp*lr nflieers. 1 IC>- 1 ^ I „ County cotninKsiniUT, of m Ikmi|«. Mich, 1.14. pftw< r of, Fla., n I*i7; to net where Hoard fads, ( thin. 2 ;u. ! County conns. npiwiinl Hoard of education, T-nn.. j Hi 5; levy taxes for sr IiixjI purposes, 5 tret:., n.50 > County examiner, snpersedi d, Ark.. 11*0. * { Count v frt e In h sc) tools, Mont., l> 1’X. . Ctnuily hidi-sc hool fund, Kans . 1.12. ‘ Cotltdy imdund school fund, t t ih, 378. j County Si I mol hoards, jwwrrs and il lilies. Vu . 17S. Couiil y sr hool district, of Hie fust < lass, I tali, H 9. 1 Cmndy .school examiners, nhio. I 'd. j Count y s u perintmu limey of si bools Ijw «iyo Sii|n-r- . Ini ein lent of set tools, county}; aHuI idled, Nev.,11). . County superintendent, 32; 'to iu t in umcrgnnrv, ' Ky., 1) 22. . * ' County supervision of schools Tex., Idrt. Coimiy taxation fur school piiriMisei, i 1 1 — l > KiV4. Count treasurer, compensation, Va . 172. Coupon lumds, T**x., .596. Course of instrnetion in ceramics, N. ) , 1422. j Course of si tidy, agriculture, secondary schools, Oklu.. I IN I (ill; couunissioner of high s< liools, Ind., 123(i; creating stale commit Ice ti) prepare, Ctah, 11 0; did rirl agricultural ti i^h y honls, (i;i . 1277; elementary agriculture, Aik., 117 m; elemni- lar>' ngrieuiturn, Cal., 1177; Tex., 1178; for dis- tort schools, Ctnh, li X; grunnimr-gm !♦* postgrad-' mile, Cal., 1155; high schools gi\ ink normal train- ing, Nehr., uj 3: high-* hool pod graduate, Cal, 122U; history, stale and national, N. (\. ll 8./ industrial liram has, Oklu.. 1291 (2S in s< hoolsof* N. Met , 32; local geography and history, : e., ■ 1 liVfi; public schools, oiomoulnry agriculture, Okla.. UNI (2j; requiring instruction in KnghMi branches at least had day, Wis., 1103; .sanitation, l- tab, 1173; special stmlicH, Vt., 1182; stale, Vt.. ■ I Hi I : stain constitution, Del,, 1104; state immul : schools. N. Dak., 914; Ore*., 90; state Hvstem of. I normal Instruction,, Ind.. 022; tela**!*' institutes, I • Oklu., 942; tempemnci! instruction, N. C.. 1 172. 1 Court of common pleas, authorized school directors lo borrow money, Pa . 6*fci. CmirLs, Juvenile. See Juxcnilc courts, t’onrl^ levying taxes for school purposes, Dreg Cnalit 'mined uitiH faith plcitgod, N. I) 5K3. Creditors mid liens, Ca., 5Sh. Crimes, punishment of. N. J.,370. Critic tauchers paid in part hy .school dLstricl. lit D H27. ^ CnstoiJlan. of Joint school districts, N. ,*»2ft; of sclUHillumsos. N. Y., 229 (2); of school moneys. N. D. Daina«os, dopi killing shttep, Mich., S17, M9; for injuries to pupils, llubtllty at district sustained. Wash.. D 7*8. Data, demanded In reports, N. Dak., 91. Date of district meetings, Old a., 302 , Days for special observance, 118&-1186 (fualto Holt- fla m PnlnmKiid f Inn 1 I « nt.si. .1 -J'* 'w**t*i uwi*4v (muMV nuih davTi, Columbus Day. Linenln’* Birthday, etc.); Arbor l>ar, Mont., 1182; N. J_, U84; ring Day, iiiM, a, siag uay, N. J., 1167; Jamestown Landing, N. H., 11W; programme, Kaos*, U66; abode bland pen deuce Day, H. I,, 1106. Daafand dumh„«KUio>lteaf ohlldren compelled to attend school. N. C. I. W: Minn., Km*; Midi., IhtV; ti. Dak., 1073; ex- empted from compulsory m t, N. Dak., 1084. Decisions of federal and state supitunn conrkff^a^- 544 . f Decisions, of sdio<»l directors final, I’a., li 40; of state board of education, t Til., 1) fi; of state su- prcini* courts ( *rf index numbers nrfyssied' my D), DmimtUm of .-v hool buildings, 713 ,31. Dofictivc cluidicn f jrr* atsu llliml, (.rippled, rH*af, :md Deaf mid dumb chlliirpn); enumeration, Ntcv l ‘rlcnns, I a..‘i;;t; deafaml DlUi'i, Ind., 1574; regulating Importatidii lulu Htute, Md., IfjKia. . Ddisdive hearing. AVc Medical lnsiiection, slgld and hearing. Dehvtlve sh’iit mul hearing. .SVc Medical Inspec- tion. '•ighl mid hearing: ' Defis ljvcs, education of. t(>, 1.72S- 1502; Ark.. 1> 02; Oklu., l2;^Miitiuc.r:ii mil. Ohio, ’><.2. Defect'' itt Sato of sdinol liuids, O 1 .I 0 . 39H Defenders Dux, making legal holulux, A.d,, *i77a. Deliciehey in iinpnr.itus ami eipilpment, WIs., 492. licficit In sclitKil fund, iflch.. 51''. Definltiiin, nf ihi]Kipnlateil sr-hool districts. Kans., .TU, oMcme.ntury si-hmil, \ t .4so. of grades of Instriwtlmj, Fla., 4ni. of inemliershlp and- poviers of U.ard of investment. K.hm., 77; of powers and duties of educiil tonal coni mission. 111., 12: of provixoii of founders will, t olo., 1493; of scliool ace, t'kla., 42; of school status, < al. t ♦; of school > cur, S. Duk.. 100: of sultahle si'I’ihiI facili- ties, N. J., :m: of tenu ’ ’colored children, t)kla., 42; of term ■‘eUs-tors,'’ M'ts., D 213; of term " tow n,*' K. I., 250; of while am] colored schools, Okla , 44. Degos'-grantinp Institntions, f>hlo, 1.506. Degri't-s (*rr also Ti-iu'hcrs’ cnrtificahs; ocademto, c:m(emsl. Ohio, l.-nd; Ind.. 1490; certificate with- out exaniinaiion to holders of, Mich , 820 ; holdm of, exempted from examinations, Mich., 820; nor- mal schools, HI.. 810, Ml, 812.813, 1 ) 1 : t. x w a K r. : !», 123 . ?.*2. 321. 4 1 S. M8. 549, 5A0. G1 5, tdh. hfrf*., 1021., I h»4, i:«X>, 1454, 15:i3. 1548. 1572. Del impieiit children (,vr ofm.luvciuiecourhs); Ala., IN3; An/. 1 .k* 4; Ark.. HV 5 ; Cal., l.N-o. 151.7; ■'diiho, 1573, 1575; Ky . 1577, i:.7h; U, 1 2; Tenn., Itkti; Wls., 1K18; W\*o., hHW; detention homes. Colo.. H'.IO; Iowa, ltill; Kans., 1.575, Minn., 1.587; NYhr . If. 14; N. J . Hi 15; t tnh. lMi.; intbislrial schools, Me.. 1.582; Mass.. 1584. 15S4 (a}; N. 11., 1.593: N.C., 1.590; ry- . form schools, Cal.. 1.5tw>; Colo., 1.571; Dei., 1572* Ind.. 1.574; Vt., 1005; \Cash., lUki; W ts., HXt8; slate orpluin homes, Okla., 15W; truant and pa- rental schools. Wis., lol7; truant scluxils, Mass., I I. 12. .Jh’linqnents and dependents, ixiiuiatlon of, /«, l.Ni3-|i-i7. l>emoustrution farms, experiment stations for, N. Dak., 1434. Demonstration of arid land. Dhih, 14^3. Department, of agriculture, appropriahon for, Va., 107; of (^luoatUgr nvugnltioii of gnwluutcs from, Md.. 818 ; of education. \V(«t Virginia Dnivcrslty, valldidlng dinlomas from, W. V'a., 82n. of piihflc Instruction, S'. Y.; 229, 232; of puldic reports, N. J.. H3. ^ Darvndent children, Arlt 1NV4; Ark.. l.MLS; Cal., ITjI. 7, LfwA; Colo., 1570; Ky., W77, 1578; l^i., 1.580, (581./ Dependents and dellnq^.nts.txHmatlun of. ftf, 1.W3- Dn|wpulat««l school districts, Kans.. 331. :«2. l^Kwitofschool uioiicys, N. Dak., 371; Mich.. .M 84 Depositories foe school moneys. Ohio. .528, Deprivation, of (Hiual protection of law. Ky., D 31. Deputy, commissioner of school lands, N. Dak., 427; county superintendent, N. DAk., 152, stale su- perinter dent, »HTPtary of lioanl, Wash., Ill, 113; sujwinteodent, Nev., 29; appointment of, Utah, Detention schools, UHO-1617. Deteminathm of cash* of emergency, Ky., D 22> 850 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1906-8. 1 Figures in it a lira refer to pages; ot to cnnetment numbera. | Difference In tax levy between dislrictxind county schools, Gh., I> 621. Diplomas, agricultural and mechanical colleges, teachers’ certificate, Okla., 1291 ( 10); eighth-grade pupils, Idaho, 1 16 8M; teach- ers* certitloatc. Ark., WO; Kaits., Kir.; M l.. 818; Nelir., 821; state university, teachers’ certificates, W. Va., 826; universities ami collegex, toughers' certificates, La., 818; Mil., 81 9; Nd>t.K2l; wi thou t examination, Wash., 112. See af.no Teuflft'w’ certiflcales. Directors. of hitch schools, Iowa, D 129; of Toledo Uni varsity, Ohio, 1) 38. Disbursement of state funds, Va., 488. Discipline {are alto Government of schools, and Corporal puulsKincnt), In school, /■>. H a »h - 1 1 . III., M9-SS3; WLs.. 333-33H: Wash.. I> KW8. DLscoutl nu In g school districts, Arts., 45G. Discounting 'wamuits, Vu.. SI. Discretion, qf schiKd aulhorltlos, Iowu, I> 1G; WN , D 60; allowed for using Lax k'vv for repairs. Ky., D 036; Pol given to city roitncll. III.. D utn. Dismissal of teachers, U, 830-853 (*; 1 ) 31M . ^ - — ■ — DLspoSaJ.M fonvst-naervn fund. Orvg.,37*h“ftf unev- pended school funds, Va., 487. Disposition, of forest-reserve fund, Idaho, 3»*4; of state school lands, Ont , I> 404; Wash., 417; of surplus In state treasury, Tenn., 482. Dissolution, of oduentloiml corporations, N. J., 1505; of school district, Nelir., 342, of union of towns. Mm, 466. i Distinctions between prhlte and colored school dis- tricts. Tex., 530. I Distribution, of colored sehqpl taxes. Del., GIG; of forest- nvservi; fund, Nehr., 3**7; of reserve of tui- tion fund, Ind., 631; of school fund.j; i of Idlnd and deaf children, Idaho. l.vw; N ev., 153*; ! Wk, 154ii; of collegiate rank, Ky., k(97 ; of rlcfrct- \ Ivw, l5'2s-)5t,2. of dependents nnd delinquents, lAUl-UilT; of tnu-hers, / of the blind, Wis., 1,m7 , of the feeble-minded. Me., lAM); provided for in j constitution of Okla., 42; stale Ixiurri of, Mich., ! 27 pO; universal, Wls., 55. . Educational Institutions, n mint emu ire and eslali- ll.d uncut, Ne\v York Uttv, N. Y., 694; s|nvial, ■ changing roritorahMiunir* of certain, Ind., ; 57-4 ; ’ establishing Stale Industrial School for Girls, 1 Uolo.. 1 .171 ; establishing Whittier State School for Delinquents, Cal , I'hmv; establishment, Industrial Institute and UolUge for Girls, Okla., 1292. eslnb- i ILshmentj mitdng triule selux)l. Wis.. 12t8i; Indus- trial S liool for Glris.^iel., 1572; Industrial School ■ . for Girls, Me., 1582; Slate Schmil fur Hoys. Mp., I 3 5X1; Tempo Normal School, Art?.., t3U4. uniform luxun siting, Wash.. t.Vil, W. Va., t;t54. ! Kdueattoimi lauds, sale of. Netir.. 390. | Educational meetings, expenses to ixpiat summer i ;-c'h(H)l allowanee, \ t.. 9-15. , ICdueai itmal supplies, inereasod expeudlture for, Wls., 730. ! 17lix*tiou, nut necessary to levy tax for repairs, 111.. ! t*23; oft tonrri of regents, Mbdi.,27t.i);of(xIucaiit)iial t nu thorn h s, 'Am a. a. of members of county lwjrd, i '1’enn,, h5; of board In Independent schourdls- trkt.s, Mtmi., of free nhh-sehook<^Tslrlct ollieers, Wls., 3(2; of tnem tiers of Inmrd. ( min., 188; Idaho. 293, 291; ill., 295: Mich., 297; Utah, 310; Vt., 311; of sehool commissioners, Vt.. 2ii8; of school com in It tee of sujwndsltfp. Me., 207: of wdmul InsiMx-tors, 1> (i2G: of w-bool otlii'-s, exiH*nse.s. Nehr., MX): Ohio. 3d: of state sii|H*rln- tendent, Mich., 27 (2); I'tidi, lot; siH-elnl. to fill ; viwancy, Iowa. 198; returns, ccrtifleah^ of, IV, j 3U5; to determine sale of school lauds, La.,;i8t>. lCli*etors of school districts, Wls., 285. ; Elementary education, gjxxdal state aid. 4 .VI- 492. Elementary schools, defined, \'t., 4hti; pro[>orit(m of funds for salaries. Gab, 855. Klemt nt^ry ti , chulcal J tralning 1 1176-1181. Elementary and si'oondiry cducatlou administra- tive (xintrol, 1-57. \ Elements of agrieulture, hortlrtJltjim.shx’khrdlng, aud domestic science taught. Okla., 42. Eligibility for memltershlp of county liourd, Ala., 116; of commissioner of schools, Mleh., D 29i; or mem tiers of school tioarri, Mich , 214; of principals and teachers, N. Y., 229 (101; of school N. Dak , 151; to offit'o of wuui*o for, W is.. in- crease in maximum expenditure for, N. I>ak.. f.97. Providence, U. 1., authorized to Ikutow money for.lt. I., 725. Erection of school-houses, bond Issue for. Del., 550. Errors in school remy*. Tenn., 1) 4 k3. Escheats, of projs.Ttv, Okla.. 373: to l>eloi|g to per- manent jw-nool fund. W^h.. i.tv Establishment, of agricultural college. 637; required, l>eforo liorrowing money, Mich.. 509. m Ethical education, 1170-1174. ^ EvenliiR high schools, slat us of. Cal., XW-Uf); Ci^.. U 1194; entitled to sham slate high-school fund, ’ Cal.. 1) l£4. ^ Even trip ltKiires. Str ljiibllc lectures. Evening schools, 1 1 Wit- 1 190; Macon, (ia., 1195; al- lemiatice. Nehr.. 1 052: for adults, Including for- eigners, Pa.. 11K8; sUitu.s of teachers. New York City. N. Y . P N49; teachers of. New York City, N. V.. I> M9; Uuu hers' < ertlftcate.s. N. J., IlUt'* ( 1 }. Examination of applicants for teachers' [wslllon. MMi.. 29; Pal., 12i; for horticultural lnsjwctdrx. Wash , 1448. not needed for graduates, Cal , 1492. of hooks, accounts, ami records, Minn . 220; of teachers (xrt Teachers, examinations); of Tibkegen Institute, Ala, 1; physical, of pupils, J5 29-1125. S« ofxo Medical Inspection. Examinations, county t'oard, for eighth grade. Mont , i 1 . r >«. eighth grade, for high school en- trance, Idaho, 1150; tor entnmee to agricultural and mechanical collage, Oklu , 1291 (12 and 13); to eighth-grade grail natty for nonnal school scholarslilps. III., 1157. examiner, public Examiners, cep lance of certificates bv other cfltos, Ohio, 779; hoard of, Buffalo, N. Y*., examinations on half holidays. Si. Y n 776; Buffalo, N. Y . rtghl of fixing date, N. Y., D 770; creation yf. tScntllc, • Wash., 780; county Iwanl of. Korn.. 7i 8. revoca- tion of certificates. Mich., 800; district lioard of. certificates, Kans., 810; school, county, Ohio, 154. slate Imam of. Miss., 770; eoinjiensatlon. Wyo . 788; creation. N T . 4*.. 77)|do recommend Itooks for rending. Wyo., 788: valid utl on of certificates of other Slates. Iowa, 798. Excess of apportUmfuent of school fund, Ky . 405. Exrhiurri* of sehooL4)roiierty. Ya., 272. Exclusion, from school for non vaccination. N. Y . D 34; of colored children from any public school. Rons., 1) 17 Excursions, school, cities authorized to provide. N. J.. 1180. • Exemption, from law: Pa., 248; from taxation of school proi«’rty,' It. I., 057; CaJ , 1491; Iowa, 1498; of entertainments from license, Mass., 25; of prop* erty ffrorn taxation, Vt., 450; of treasurer from liability, Minn., 521. Exemptions enjoyed by Yale, Conn., 1494. Exorcises, religious, In school not a violation of con- stitution, Tex., D 377, Exhibitions, shows, and amusements licenses of Mass., 36. Expansion, of school apstom, Va., 82. Examiner, public, bis powers, Minn., 219. l>oanl of, Iowa, 766; city hoard of, | F.xpendltnre of unexpended balances, Aril., 538. | Expenditures, annual, limited, Mass., 210; by board i of directors, Wash.. 274; In villages, subject to i popular vote, N. it., 04o; local school, medical j msjHYtion, Conn., 1120 (7i; Mass., U24: local 1 school, nurses, Boston. Mass., 1123; of forest reserve funds. Wash., 380; restriction of, Ohio, | 242. . Kxjienses. of com mission. Pa., 47; ofrounty sujwsrin- 1 tcmhuiK, Minn., L«i; Mont., 14 j: of county itoard, 1 Ala., 1 lu; uf county superintendent, Bel.. 123; I of directors' nuvtings, W ash.. 17i>, of elections I Ohio, :k)l; of mcndiers of district school Ixmrds j' Ohio, 2M'k of school directors. Pa., 157; of stato ' lioard of eduouticn. 11. I.. 9ti; of state officers, N. Dak., 89; of state superlnlemlem. Vt., 1QU; paid without llcmittd statement, X. Dak., 89; school, appropriation for. Del., rti.5. Kiperiptire. of maclicrs. N. Y., 229 (in); miuired of jpuntv stq>erlntrndent, N. Dak., 150. Experiment farms Agrlmltnml exieclal tax for, S. C , 959. Failure to deliver profierty. W'ash., 274. Form tmjirovemenls, exiMMidllure for, Ala., 1402. Fanil mortgages, school funds In, N. Dok . 42-8. Fanners' Institutes. 1205-1212; La., 1209; Okla., KVi; dlstrl. ak.,fi9(i. F^hle-mlmhsl, education of, 1.559-1552; Mich., 27 (15); children, exeniptod from compulsory- act, N. Dak., 1004. Keea. for elect Ion officers, Nehr. , 3U0; from l(*ase and sale of land. 8. Dok.,4tW>; removal of. for registra- tion of teach era, Mkss., 840; tuition, tn agricultural college. Kails.. 14J1. . Fluidity of divisions, Cal , D 5. Finance, school, local, 50*-A37. ' Ftmuu'C and suplnirt, state, 14. Fines, for any breach of penal laws, Mich., 27 (14); for fulling to deliver nrojierty, Wash , 275. Fire drill. 1105; Ohio, 1 105. Fire escapes. I ns | wet Ion of si‘hoollioiis4*s with refer* (‘iice^o, Ohio, 721; set lodl houses to lie provided with, (ikla , 722. Fire prolivllon, millioritlng t*ond Issue to secure. In Dtlca, N. Y.,Tttt5; (xmslructlon of selioun»oitse< with referemv to. K. 1 ,7M; Va.. 727(2); hanging^ of doors to public liuliiitngs, La . 717; Uujicctlon of school buildings. Ohio. 721. First-grade certificate, for county suiierintendents, Iowa, D 130. Fixation, of numlter of reports, Conn., u'. Flag, United Stales, tn s3, 4«2, 4W. D 017, D 908, 931, 932, 1027, 1275, 1295, 1307. 13U8, 1309, 1) 1395, 1) UQfi, 1455, 1483. M Football. See Athletics, football ™ Foreigners, evening schoola, N. J., 1196; schools tor adult, Pa, 1188. u* Forest reserve fund. Uni Ad Rtatos, Cal.. 362; Ma,, D 363: Mont., 366; Nebr., 367; NevL, Ore#,, 374; Mash., 380; wla.. 381; to l to added to Irro* dudble fund, Oreg., 433 ; used tor public schools, Idaho, 364 . 86a SEATS SCHOOL 8Y8TEM8 : iiSSTBLATIOK, BTC V 1006-8. [Figures In ttottos refer to pa«w ;. others to eaactsu&t number*] ^ Forest seedling* nursery of, Vt, 1444. Forestry, data of, tn state university, La., 1413; creating reserve, Midi., 1319; school of, N. Dak., 1430; University of Minnesota. Minn., 1373. Forfeiture of right to sohooUands, Rana.,384. Formation, or administrative unite, 314-361; oP % school districts, Idaho, 325; Minn., 337, 338; Tex., D3M.597. Fostering development of mineral Industries, N. Dak., 1480. Founder's will, definition of its provisions, Colo., 1493. Fraternities, common schools (high and elemen- tary), Ind., 1092; high school, ILL 329-333; high school, Kans., 1094; Chicago, 111., D 1090, D 1091; public schools, Minn., 1005; Ohio, 1097; Wash., D 1090. Free common schools, Mont, D 28; Idaho, 193. Free high school districts, W Is. , 312. Free high schools (or counties, Mont.. D 299; Wla., 312; state aid for. Wis. , 506. Free public libraries In school districts, Fa, 1521 . 1522. Free scholarships In agricultural college, Mass., 1415a. Free textbooks, 1139»-1143; Conn., 189; N. Y., 229 OD- Free tuition, for high school jpaduatus, Ohio, 653; for while deaf children, N. C, 1539. Fruit-growing interests, proraflgpn of. Wash., 1448. Funds, derived from llrensos&d fin os, N. Mex., 436; educational ImUluUonsT^tnoathJy reports, Vo., 1347; for agricultural college, Oreg*. 1437; for specific purposes, Ind., 513; for teaching military tactic* la., D 1483; forest reserve. United StaUw. Cal., 302; permanent school, Iowa, 383; primary school Interest, Mich., 27 (9): retirement {see Teachers’ pensions); state school, apportion- ments, not applicable to kindergartens, Cal., D 1190; high schools, county, Kans., 1233, 1234; high , schools, San tranclaco, Cal., D 1224; state uni- versity, Wash., 1351; teachers’ Institutes, 14. Dak., 9tf); apportionment, Arts., 928, 929; use of, for Junior normal schools, Nobr., 922b, territorial, converted to the use of state board, Okla. 94; transfers from salary to printing, Cal. , 904: tuition use of, for building. Va., 7)0; withheld from dis- tricts failing to maintain school lor lour mouths, N. Dak., 475. Furnishing supplies, Iowa, 69. G. OembUng, prohibited near certain schools, La., 737, Oaneral administrative control of education, n. Goorge Peabody College for Teachers, appropria- tion, Tenn.,fi68b Gsoaou: D 11, D 191, 322.D 323, D 324. 464, D 561, 616, D619, D 620, D 021, D 735. 907, 1028, 1029, U95, 1276, 127* 1367, 1368, 139* H&7, 1408, 1466. Gifts and lagactas, taxed, Okla., 446. Gifts for benevolent purposes. Mich., 1502. Good Friday, declared legal holiday, Minn., 978; de- clared legal holiday, H. J., 980. Government, of common schools, Kans., D 18; Wash., 138; of schools, (ns Control otschoota) oorporalpunUhiuent, N. C., DllOT; Tex,7DllQ2 eaduslve duty of board, N. Y., 229 (4); high school* Cal., D 1223; rules for, Iowa, D 16; sim- penalon, Kans., 1108; W|*, 1104. Governor, removing board members. La., D 205; to appoint cadets, Mo., 1484. Graded salaries, oftoechevs, W. Va., 277. Graded schools, managed by board of director*- Kans., 200; rural, Fla., 461. Grades of InstrooUon, definition of. Fla., 461. Graduated inooxne tax, la vied, Okie., 447. Graduated soak ot salaries, W. Va, ISO. * Graduate* admitted to practioe without examina- tion, (Lit, 1492;- exemptions foam teen hen* exami- nation* Mfofa., 809; nocmal scheel* certificates, Steh* 809; ef ton yean' standing. on board oC truste es, Ooun., 140 k recognition of, from Institu- tions oonfonal imoa school* Chi.. State* 1460-1479; Grammar school* part D 467. Grant of lend by the U Okla., 400(1). H. Half holiday* Buffalo, N. Y., teachers’ examinations on, N. Y.,(D) 776. Ilannony, between state and national education, Wis., 56. Hastings College of I>aw. affiliation with University of Califorui* Cal.. 1365. Haverhill, Mass., high school building commission Mass., 1243. HayneeviUe High School, prohibiting gam oil ng near, La., 737. Haring, peoaltie* Cal,. 1(88; state Institutions. Colo.. 1089. Health and sanitation, prohibiting hospitals near school houses, Nev., 741. Health, county superintendent of. K* Dak., 707; law, public, N. \ .. D 34: of pupils, construction of school houses with reference to. Va., 727; offi- cers, county, to- inspect places where children., are employed. Miss., 1047. Health regulations, 16 , 1106-1125; Ul..$2fM??; N C , N. Y.. 3U-U6; Pa., S>6-S29; required by. safety of public, Ohio. D 41. netting and ventilation, Pa.. 723, fleeting appliances, N. Y., 229 (13b nesting, lighting, and ventilation, approval of school houses with reference to, Va., 777 ( i). High school, appropriation for, Va., 107. attend* anoe, no power to compel, Iowa. D 15; l*oard of inspectors. N. Dak., 500: county. Mont., D 28; tratomilles, III., St9^SSS; tuition foe. Iowa. D 15. High schools, accredited, to the University of Ne- braska. Ncbr., 923; to agricultural and mechanical oollege, Okla., 1291 (11); acquisition of property by condemnation. 111., 678; agricultural. Okla. 1291 (14); athletic* Iowa, D 1093; contracts between districts for tuition. Tonn,. 1262; N. H,. 1249, D 12S0, D 1251, l2S1;county. Ala., 1213. 1214, 1215; Colo., 1225; low* UK; Kans.. D 1238; Mont., 1244, 1246; Nehr.. 1247; Nev„ 1248; N C,. 1255; Wyo., 1271, 1272; county, electors to vote on bonds, Cal,. 1221; location. Orcg. , 1257; power of principals tomnpend students, Kans.. 1103; dis- trict agricultural, Ga., 1277; district (Judicial) agricultural, Okla.. 1291 (14); districts with one or more. Cal,, 1230; establishment by districts. Cal., 1222: exempting from county text-book uniform- ity. Wis.. 1154; evening («« Evening high schools); fees, nonrod dents, 111,, 1227; fees, nonresidents. Me,, 1141; tree, attended by nonresidents. Wis., D 381; fere, for counties, Mont., D 299; govern- ment, Cal., D 1224; In cities of the first etas* Wis,. D 288; )dnt township. Ohio' 1256; Pa.. 1280; Leloestcr, Maas., 1242; liability for tuition of dis- trict not maintaining high school, Wis., D 1270: manual training instruction, Wis,, 1181; norinal instruction, Va, 99* normal training, Nehr,, 923, t>f at least two teachers, Mass., 497; jpafltoent qf tuition of children from districts without. p*\ 1259: postgraduate ooutee*Xat„ 1230; prohibiting students of. from playing or being employed In billiard halls. N. Dak., 1065; removal of limita- tions as to location, Wis,, 704; reviving Essex County. 74. Y,, 1266; right of board to fix course erf study, Vt., D 1266; right of districts to main- tain. Ill, D 1238; separate, for negroos and whites, constitutional, Kans., D 1237; special tax for. W. Vo., 872; standards, and qualifica- tions of pupil* Vt, 1264; state aid. 8. C., 1261: Syracuse, «. Y., bond Issue for building, N. Y., 126* tax levy, Kan*. 1284, 1266: township, ad- mission of seventh-grade pupils, Mich., 1044; township, oompulsaro attendance, Mich., 101* transportation of pupil* Conn., 986; tuition feet, Conn., 106: Ty ter County, W. Va.. 1368; uniform courate oUtteD* lad., 1289; imk» district* Ores., 1288; unirersol free foui\yeas rouras, Mohr., 13m, nigh schools and- academies, H, Higher treh te tteo s of taacutng (are ateo fhdveraHtae and oottaftt); under state contra* 149k-MU. ( ■ i linin’ INDSI, frwr? [Figure# in italic* refer to pace* ; other* to enactment number*. ] Higher technic*! education, 16. Historian, s&le, cresting office. Me, llCfi. Httiory, civics, as studies, 1164-1100; instruction, state and national, N. C., 1168: local, creating lioards to oompUe and publish, Me., 1106. Holders, of school land ooutraots, N. Dak., 394; of noono-grade certificates Ineligible (or county superintendent, Kens.. D 131. Holding an office, sufficient qualification lor re- election, Mich., D 316. Holidays . lor schools, 975-963; Columbus Day, C0I04. 875; declaring which days are, Wash., *3; Defenders’ Day, lid.. 877a; examinations for teachers on, Buffalo, N. Y., D 776; Good Friday, Minn., 878; N. J., 860; Labor Day, Okla., 86L6. Dak., 962; Lincoln’s BiriEday, Ind., 87ft; 8. Dak., 962; Patriot’s Day, Me.. 9^; payment of teachers’ salaries, N. Mox., 869; three hundredth anniversary of Landing at Jamestown, Va., N. II., 1183. S*t alto Day's for special obser- vance. Home economics, summer courses, N. J., 839. Horticultural experiment station, Tenn., 1441. Horticulture, elements of, taught, OMa. , 42. Hospital school, for crippled and deformed chil- dren, Mass., 1558. Hygiene, alcohol, narcotics, 1170-1174; Instruction as to tuberculosis, Maas., 1110. Hygienic provisions In school bniidtn ^ v, N. y 529 (13). Idaho: 66, 126, 102, 193, 293, 284, 325, 304, 622, 704, 933, 852, 866, 1030. 1146. 1156, 1228, 1310, 1311, 1312, 1313, 1314, D 1315. D 1368, 1457, 1534, 1573. Illegal lovtos, for school purposes, W. Va., 489. Illinois: 12, 127, D 194, 1) 185. 296, 326, 440, D 552. 0 553, 623,624, D G25, D 626. D 627. D 638, D629, D 630, 736, 810, 81 1 , 812. 813. D 835. 873. 574. D 875. 1X6. 1031, D 1090, D 1001, D 1108. 1157, 1277. D 1228, D 1398. 1400, 1458. WD-655, S&-33*. » Immigration, flowing Into this country, Wls., 55. Improvement of live stock and poultry. Mich., 1418. Inauguration of commercial ooursos, Md.. 496. Income from permanent school fund, Okla., 400 ( 3); Vt. 435 (3); from school lands. Okla, 402. Income tax, levied. Okla. 447. Iqonporatlan'of academies. Me. 494; of cities, 8. Dak., 253,\Tenn., 258; of college, Mtefc., 1501; of*, independent jrhool districts, Tex.. D 353; of pro- fessional schools, Ind, 1496; of university, Vt., 1509. Increase, In number of board memtvn. Wls., 280: * In rat© df In tercet on bonds, Kans.,fi6liof annual tax levy, 8. C., 660; of fund for agrl^turan&tfogc, Oteg., 1437; of lawful Indebtedness. Fa. 589; of number of school inspectors. tlL. 034; of state aid tor schools, Wia., 491; of state school Ux, Ala. 439; Mo., 443; Tt\x., 448; of superintendents’ salary. La, 72; Ma, 74: Mtsa, 79; Mont . 81; Fa, 96. Va. 107; of teachers' salaries, Del.. 615. Incumbent 0/ office must be a taxpayer, Mloh.,213. Indebtedness, incurred lor school purposes. Mass.. 664, 666. 666, 567; local , 538-610; of kflnt districts, CaL, 641; of school district*. W. Va. 600: of school district*, divided, N. Dak., 347; preexisting, Tex.. D 697. Indemnity lands, sale of, B. Dak., 406; Moot. 3881 Independent school districts. Idaho, 192; 8. Dak., 256; Minn., 298; Tex., D 363. Indian children, compulsory attendance, N. C- D 1062, 1063; a pak.j 1072. InpUNA: D II, D 128, D 186. D 197. 41* 420. 441, TO 664, 666, 366, 667, 666, 560, 631, 678. 680, D 681, 713, D h4, 7(0. 766. D 797, I) 814. D 886, D 887* 857, 876. m. 934. 036. 976, 067, 088, D 880. 1082. 1128, 1129, 1208, 1 230, 1460, 1496. 140671487, D 1516, 1574, Indlanapoha, Ind., pension fund (or teachers, Ind., 876 TndJmnt blind popOa, Mich, 1562; blind and deaf clwdran clothed, N, 0., 16M; da Motive ohUdreo. tostroettoo tor, VL, 1889; Del., 16S3; fseble- tattded prorldad Ibr, N, C., 1661; pupOa, aid toe, 63470 - 09—58 In higher educational institutions, Va, 1148: cam at, Campbell and S00U oountfcs, Ton., 1074; tree text-books. Mo.. 1147 (14); higher Institutions, N: W, 1332. Individuals, private, make land grant, Oa, 1407. Indorsement of teachers certificate* granted by other States* 8te Teachers’ oertfficatM, indorse- meat. Industrial and tnenifi training, 1176-1 mi . Industrial and technical schools, 16. Industrial education (see alto u*m—i Domestic economy, Agriculture, Trade etc.); appropriation. industrial institute and V »J m IMiWfPPP !W . U', J- - '* ' ■ Wl ' STATE SCHOOL BY8TKM8: LEGISLATION, ETC., 1908-8. [Flgutas in italics refer to pages ; others to enactment numbers.] 1 \ Iowa: 14. D 15, D 14, 00, TO. D 139, D 130, 106, 337, m, D 329. S3, £60, 483, D MUM. 767, 70S, 815, D m ton, d iom, mi, d m2, me, 1410, 1498, 1414, leu. Irreducible school hind, Drag., 431 8a also Funds; School land. Ir ri tation and dry brain* enrlment station, NTDi £, 1433. Islands In navtgahto streams, Kana, 384. Issnanoe of certificate to treasurer to nay . bills, Wash., 430. Issue of deeds for right of "way, N. Dak., 394; of dis- trict school bonds, Cal., D 44 2; Conn., M3, 646, 446, 447; Del.. 448. Items, specified lor report, N. Dak., 01. J. y JapltOrs, control of, fcr achool committee, Worces- ter, Maas., 710a; ofscnoolhoases,llass..a00; N.Y., 330 (2); salaries, educational funds, Ky., D 715: IoL, 713. L. Joint school oommlttees, Me.,’ 466. Joint achool districts, custodians of, N. J., 526. 8er also Union school districts. Joint standing oommlttee on education, Conn., $. Joint subdbtricts, abolished, Ohio, 348. Judges oModictal circuit to appoint the board, WLv, D 287. Jurisdiction, of commissioner of education, N. Y., D 88; of State departments of education,, N. Y., 388-506; of supreme court, Okla, 372. JusUcee of the peace ineligibility, Tcnn., 103. Juvenile courts, Ala., 1563; Aria, 1504; Ark., 1565; Colo.. 1508, 1570, 1610; Kans.. 1 '5; La., 1580, 1581; Minn., 1587; Mo., 1489; Mo./ , 1591; Xrbr, 1614; On*., 1000; Tenn., 1606; Utah, 1601 K. KaMSAs: D 17, S' 18, 71, 131, 132, 190, 300, 330, 331, 332, 333, D 334, 384, 386, 431, 461, 462^463, 032, 633. 741, 746, 768, 789, 816, 991 , 992, 1033, 1094, 1 103, 1130, 1165, 1191, 1233, 1234, 1235, D 1236, D1237, D 1238, 1317, 1411, 1400, 1474. Kentucky: 19, 20. D 21, D 22,133, D»l, D 364,466, 034, D 635, D 084. D 715, D 71K, 789, 009, 1034, 1034, D 1174, 1230, 1370, 1397, D 1398, 1461, 1499, 1470, 1477, 1678. Kindergartens, 1190-1193; authorising estabUsh- 1191; Tex., 1199: part of common scfoools, Cal., D 457; status of, Cal., J/WIJ; teachers’ certifi- cates, Yt.. 791; certificates, Wla, 796, 790; train- ing sdnooia, certificates to graduates, Wls., 796, Labgr Day, dsolared legal holiday, Okla., 981; 8. dak.. 963. Lack of pupils, dose of school, Mass., D 30. Land-gr ant oo Ucgw, 8a Agricultural and mechan- r -yr? «r w t u-r 393. Uad^tmh, renewable by court, bng., D 404; ends, Bgriculturii eollan, forest reser v e, Mich., 1319; belonging 'oahtnubw or schools, oaa not be cmidemned, Fa, 246; dtrtri button of Income Among educational institutions* Okla., 1340; ex- ■pt'rtwM 5b«™, ik., 140, 1143; ilvea by athoolkiavMahlUl ‘ thy of funds arising from. Moot., w v +*m; centred tor higher aduoatfeu, .■“!?; SBwAIm SS * oat ujnw Khooi awtfeto, Gnl, an. «a J tt& *fv Law, department of, state unjAsnity, abuikhing fees, Wls., 1391; stats university, establishing Ky., 1370. Laws of sch ool maintenance extended, Vt., 347. Laying off counties In achool districts, Ga., D 821. | Lease of land for oil and gas, Okla., 409. Leases, m a de by commissioner of land office, Okla. 401. le a s i n g public lands, N. Mex., 303; La , 38b. Lectures, tn office of superintendent, Wla, *iu public, 1201-1204. Legacies, gifts and bequests, taxed, Okla., 446. Legal right to separate schools, Okla., D 44. Legalixing school Itonds. Minn., D 574; N. Y., 582. Legislation for the welfare oL schools, I’a.. 47; on .education, bibliography, 16; reviews of, 18 ; spe- cial Wls.. D 288. ^ Legislature, autborixed to make appropriation tor normal schools, Ky., 1398; can create spiclxl school districts, N. C., D 651; Inherent power of, Tex,, D 407; no power to compel pay for high school attendance. Iowa, D 15; obliged to mam- tain certain educational Institutions, Mich., 27 to designate college as reclpteut of land grant, Length of school term, Arlx., 612. See School term. ! Length of service, to determine salary. h\ Y., 229(8). i Levy of taxes, by l>oard of oducatton, Ohio. D W; W^o., 289; for payment of bond Interest, Kans., < Liability for Indebtedness proportional. Cal., Ml; for losses In investments, Minn.. 522. 1 Libraries, for school districts, allowed, Mich.. (VK>; tor schools in niral districts, Va.. 152e; public school, /ff, 1614-1627; Cal., 1127; appropriation for | Wls.. 114. FK F* Libraries and equipment of high schools, X. Dak., 400. Library fund provided for. Nebr.. 1517. CUy * W ^1 Licenses, of 'exhibitions, exemption. Mass., L'.V 1 teachers’, Ipd., SS&^S+i. Llfa^brt lflcates. See Teachers* certificates, hfr. Li cnflngr beating, and ventilation of school houses, N. Dak., 707. Limit of tax levy, Kans., 633; Tex.. 064; constltih tlqnai, Fla, D 617; maximum, Tex., 66M; fix, D 017; raised, Minn., 641; removed, La., 63ti; HicU 640. • Limit ret In founders will, Colo., 1493, Limitation, as to maximum salary of protasor* removed, Ohio, 1435; of act regarding rural schools, Minn.. 408; of bond Issues, Nebr., 47c, N. J., 478; of Indebtedness, Okla., 584; Wash., 602. Limits, territorial, of school district. Cal.. D 320. Lincoln's birthday, declared legal holiday, Inti., 970; 8. Dak., 982, Lines of municipality coextensive with school district. N. J., 343, Liquor selling, a violation of code, Iowa D 829. Liquors, Intoxicating, on trains, N. Mex., 426. Literary fqnds. 8a Funds, tuithm. Litigation on part oCrallroed companies, N. J., 472. Live stock and poultry, experiment with, Mich., 1419. Loans from the school fund. Cal., 417(a); lad., 430; of school district, limits of, Wls., 610. Local bonds and Indebtedness, 438-610. Local finance, school support, li, 508-637. Local school taxes *jnaxlmum, N. J., 648. Local school districts, tax levies, W. Va.,671; Wish. 069, 070; Utah. 665; Wla, 073. Local tax district schools, Ga, 6U, D 620. Local taxation, basis of state aid, S. C., 501; for school purposes, 611 -D 075; for school purposes, Ga. D 191. 322, D 324. ■ Location, of public lends, expenses for, N. Mex., 393; of sobooU, Ala/D 118. a^* , a' , art2 , ^ra (puoSt ■ T - * * - .^W,, ^.r St *E ,V ♦*< v ' INDEX. INDEX. [Figures In ftolica refer to page* ; oyiera to enactment numbers. } » 71 ^ 140 , 1500 , M. UcftOctkMl tChOOl l»W, 04., D It. Maine: 74, 200, 207, 306, 443, 406, 722. 0224. 077. 003, 1166, 1240, 1241, 1550, 1560, 1582, 1583. Maintenance, of private schoota.Okla.. 44; of public schools, Tenn., D 200; of schools tor white and negro races, Ky.. D 21; of schools, cost of within tax levy, Tex., D 664; of acBboto tor the year, La., D 637. J t » Majority vote, znifit apply for special tax, Tex., 063; required tor annexation, Okla., 350. Management of agricultural schools, Ala, 1402; of public lands, Ore*., 403; of public schools, Term. , 256, 308; Ga, D 551; of schools derived from law. Ala., D 2; of schools, regulations. N. Y., D 87; of state lands, Wash., 4l7. Mandamus against school board, Wts., D 286. Manner, of electing school officers, Pa., 304; of levy- ing taxes, Va.. 358; W. Va., 489; of selecting pree* Ident off board, Okla., 1436. ManuartMfning, oounty schools, Mich, I2si; high acho«| Wls., 1181; In every congressional dls- trtet, Va, 107; Instruction, Cal., 1177; prepara- tion of teachers, N. Dak., 916; summer courses, N. J . 039; urging passage of the Burkett Pollard bill, Utah, 1170. Manual and Industrial training 1176-1181. Marriage of toachera, New York City, N. Y., D 847* female, vacates oontract. La, 838. Maryland: D 75, 467, 467 (a), 490, 810, D 839, 858, Massachusetts: 24, 26, D 26, 76, 209, 210, 210 a, D 335, 422. 497, 664, 6<15, 660, 507, 57 H, 685, 686, 719, 710 a. 840, 878, 870, 880, 910, 994, 095, D 996, D 097 D098 D 909, 1037, D 1018, 1109, lllA D UU, 1122, 1123, 1124, 1170, 1107, 1197la), 1197(1)), 1242, 1243 1280, 1399, 1414. 1415, 1415 (a), 1561, 1568, 1560, 1584, 1684(a). 1612, 1^1^. Maximum, axe for admission to school for the blind N\ Mex.. 1565; amount of state aid, N. Dak., 500*; limit of bond Issuer Conn., 547; Minn., 570; Tenn 594; N. Dak., 584; Utah. 598; W. Va., 605, limit of school tax raised, Minn., 641; salary, Increased. Conn., 65; school tax. Ark., 613; Mbs., 642, 643! Okla., 664 Ttyc.GG 2 ; school tax increased, Mont.. 644; N. 048; special tax levy. Idaho, 622’ tax rate, Utah, 449. Mayor, dty, appoints board of education, Cal., 185. Measures to be voted on, Tex., D 309. Medical college, establishing at state university, K ^ , 1370, Wls., 1392; state, appropriation, Ala., Medical Inspection, llio-1125; rpntagious diseases, Conn., 1120 (5); expenditures, Mass., 1124; nurses. Conn., 1120 (6); Mass., 1123; sight and Wring, Conn. ,1 120 (4); La. . U21 ;Va , uasTstete aid , Maas. , 1122; towns and districts, Conn.. 1120; examina- tion of retired teachers, Utah ,,895 (12). Meetings, annual aohool. Ark., 613; Cor school elec- tion, Del., 292; of board, compensation lor, Ohio, 239^of directors, Wash., 179; of school examiners, Members, of oounty board, N, a, 147; of oounty board, appointed, Tenn., 165: of educational com- mission, HI., 12; Ky., 20; of school commission, number, Vt, 267; of stati board of agriculture. Utoh., 27 (8); of state board of education, Mich., MaraLaato, excepted from law of pecuniary Interest in supplies, Va, 61. N Mi ib od , equi table, ofapportionnient. Pa.. 480; of atM * perttoument of sebotfl moneys, N«T.,29:oftMMt log taxes antagonistic to constitution , Ga, D 010; of bond lasuaaos, lClnn., 673; of citation In this **ork, 16; of daadOdation and amugsment,- /JL* of creating educational oommlmtou, to., 1 1 ky.. 20; of changing district Unas, Ala., 314; of paying expenses. Goto., 1403; of paytng aohool ttvmuas, Xila. 466; of payment of Wads, DeL,660; of prw- - nutation,/! Mkbuxj 27 (1-16L 134, 135. 2U, m 218. 314, D«J.£ 2ks ««. fcTin.iIi. 3^. m, mo SfisfWsti^ Mileage, of members of stats board, Otis., 94 ; paid to oounty aiperintendsnts, Wash., lia Military, department of unirestoty. Mo., i486; or- ganisations, Vt,, L487; achools, 1483X1487; fanofri ♦ Term * 1 Jtid t V# i £&: MS7i *** * Milwaukee, Wls., teachers' pensions, Wls.. 897. Mlnersl-beartng school linds/SC!^. ' Mineral industries fostered, N. Dak- 148! Minimum, expenditure for aoboaAsTLe-, D 637; ex- pend I tu nee of district school moneys, Vt. 581’* nlsry tor teachers (sec Teachers, salary, mini- mum): salary, monthly, W. Va., 277, 489; term, Md., 467 (a); of state levy, Wash., 461; tax levy, Ky., 63i Mining schools, 1480-1482. Mining and metallurgy taught, Okla., 1481. Minnesota: 77. 78, 136, 137, 138, 139, 218, 219, 220 221, D 222, 298, 236, 337, 338, 42&, 424, W, 620, fiU, 522, 570, 571. 572, 573, D 674, 641, 688, 68! 740 936. 078, 1000, 1045, 1046, 1095, 1006, 1321, 1372, 1«S 1373 (a), 1374, 1375, 1420, 1463, 1503, 1537, 1587, 1588, 1613. Minors, billiard halls and bowling alleys, N. Dak., 1065; penalties for sale ofllquors to, Arti., 732; pro- hibited admittance to bowling alleys, Mich., 1040; prohlbl ting ORrialn places, N.J, 1053; tobaooo, use prohibited, Minn., 1096; Wls., 1100. Mmsuszrn: 70, 498, 642, 643, 770, 771, D 772, 1047. 1282, 1283, 1322, 1323. 1324, 1376. - Unsotnu: 140, 223, 339, 523, D 741, 8# 970, 1001. 1002, 1048, 1049, D 1133, 1147, 1326. 1484, 1563, 1580. Mode, of election of alumni representatives on board of trustees. Conn., 1405; of government of Toledo • University. Ohio, D 38. Model tarm and experiment station, Tenn., 1441. Model Schools, attendance, reports, funds, Wash. 900; buildings. Conn . , 906; establishing, Grew. , 017; Wash.. 020; state normal schools, Ores., 917. Modification, of boundaries of school Aglets, Ga, 322; of constitution of board of trustees^*., 1631. Moneys, for the benefit of sects, Tax., D 877, school, administered by board, N. Y., 220 (4); school, wrongfully converted, N 3, 524. Montana; 1> 28. 80, 81. 142. D 299, 340. 3C6, 388, 676. 644. 801. 937, 956, 967, 10M, 1148, 1158, 1182, 1244, D 1245, D1326, 1)1327, 1464. 1590, 1501. Month, school. See School month. Moral education, 1174-1178;' Mortgages, first, tovwtroent btjfchool funds. Okla., 400 (6); of real property of ecfcmt districts, Ark., D 530. \ Municipal boards and their officers, 182-280. Municipal corporation shall not contract debts. N.C., D 583. MmiMpaJUtes, borrow money for school purposes. Municipality and school district coextensive, N. J 343. ' ^ * * N. f National forest re ser ve fund, ('a!.. 382; Fla., D 363: Moot. 366; Nebr., 387; Nev., 300; Oft* , 374; S. <\! 376; Waah., 380; tfrtiL, 381. ’ Nature of public sohools, Pa., 247. Nature study, Instruction, Cal.. 1177. Nxsraska: 300, 341, 342, 367, D 368, 880, 30! 391 » 444, 460. 676. 645, 000; 771 MlTHl, 922(b), 003, Neglect of duty, penalties tor. Vt., 366. Negro, and white races hot ta same schools, Ky.. D.21; agrkwJ torsi andmeehanloal oofle«e faxtd, focrea^ig proportion. N. J„ 1286; normal lohaeAs, ‘ N. Cr> 913; tiMasM to normal school, Md., 009 (at Nepotism In smployxnant of taaohars prohibited, Nevada: 2o! 8! 143, 224, 360, 446, 410, 677, 741. 774, 1149,1248, 1379, 1431, 140! 1638. New HAJfrsniBS:23S, 471, 646, 647, 079, 1004 , D 100! HO. 1240, D im D 12si, D 282, UM U0 k Tftw Jersxt *U> 81, 83, D 84, 144, 236,07, D 228, “ ^--OOL 8YSTBMS: ^1WTCTATIQy j ETC., WW-*/ i *68 \ StATE tVliani In Italics refer to pat** * others to. enactment numMrs.] Kfev Manoo: 82, IB, 43ft, 889, 1331, 1382, 1467, 1866. New Oritam. La., anomwmttoa of detective ohll* dm, La.; 963; permanent tamne of teachers, La., NlW You: D S3, D 34, 86, D 87, D 68, D 220 , 290, 231, 232, D 233, 346, 47*, 581, 582, 093, 604, 606, D 775, D 776, D 846, D 846, D 84f D 848, D 849, 860, D 861, 883, 884. 886, .886. 887, 888, 060, 1065, 1066, 1067, 1068, D 1112, 1143, 1263. 1287, 1426, 14Z7, 1428, 1606, 9f*W, New York Clty, certificates, nTy., 1) 775: dismissal ,of teachers, N. Y., D 846, D 846. D 847. D 848; ' establishment end maintenance or educational to- stl tattoos, N. Y., 606: salarlee of teachers, N. Y., D8Q; status of evening-school teachers, N. Y., D 840; teachers* pensions, N. Y/884. Newport, R. I.. um of pubUfc-eohool fond for ereo- tton of sohool houses, ft. I., 600. Nomination of oounty ofBoers, Fla., 100. Nonpayment of taxes, Ohio, 308. Nonresident students at academies, Me., 406. Nonresidents, admitted to school lor the deaf, N. C., 1630; to attend high schools, Wls., D 381. Normal and training school, oounty and local, 922- 097. Normal department of university discontinued, ^Ky., 1387. Normal Institute, summer, Va, 107. Normal soboots, 1305-1401; oounty, Wla, 927; county, bonds for, legal, N. C., D 024; state, Fla., 0 006; agricultural and Industrial education, Okla, 1201(6); agricultural education, Mass.. 910; appropriation, Wls., 921; oourae of study. N. Dak., 014; course of study, Oreg*. 017; creating general board. Oreg., 017: Eastern Illinois, power to oonfer degrees, III., 811; elementary agriculture, Okla., '1291 (6); in trance require- ments* New.. Oil; establishing. Ala., 001, 002; establishing,. Ark.. 003; Va, Ol0j N. Da., 016; fixed appropriations, Iowa, 1316; for negroes, Md., 9w (a); N. C., 013; increasing appropria- tions. Ala., 000; Investigating commission, Vt., 018; junior. Increasing number, Nebr.. 022 (b): land funds, Mont., D 1326, D 1327: manual training, N. Da., 015; model schools, Oreg., 017; postgraduate diplomas. Ind , D 814: power to cooler degrees, 111., 812. 813; summer sessions, Minn., 836; system of. Ky., 900; teachers’ certifi- cates, validating diplomas; Nebr., 821; tempo- rary certificates w graduates of, Utah. 824; trans- fer of funds, Cal.. 004; trustees, Ala., 809; validat- ing diplomas, W. Va., 827. Normal university, power to confer degrees, HI., 810. NotTB CaftOUNA: 147. 148, 149, 234, 490, D 683, 660, D 661, D 663. 720, 777, 778, 860, 862, 863. 012, 013, D 024. 060. l6», 1060, 1061, D 1062, 1064, D 1101, D llll 1160. 1168. 1171, 1264, 1265, 1880, 1420, 1468, 1480, 1518, 1628, 1690, 1666, 1906, Stt-StL. . Nobth Dakota: 86, 36, 80, 00, 91. 161, 162, 236, 346, 847, 871, 804, 805, 806, 897, 428, 429, 430, 474, 47% 600, 807, 684, 606, 697, 707, 802, 861, 864, 014, 01 5, 016, 040, 061, 071. 1064, 1066, 1114. 1288, 1280. 1888, 1^84, 1SU, 1886, 1337, 1400, 1401, 1430, 1431, 1482, 1438, 1484, 1480. 1610, 1561. Northern Illinois State Normal School, power to oonfer degrees, HI., 812. Notioe, given of Intention to pass an act, Tex., D 854; of meetings for election, Ala., 200; Conn., ‘ 2H. Nullification of land con tracts, Ohio, 80S. . • Number of members of school board, Conn., 180. Nursery for forest seedlings, Vt., 1444. Objects, of gifts for education. Mich.. 27 OD- O bllgsilons, restrictions of, Onto, 20. Occupation of the blind condooive to ssttaupport, HOUD. * Ofitaaee, to nppofnta relative, Okla., 43. Ofitoe, of clerkTdedared vacant, Mtan., S21; of Officers, of board of education, N. Y.,220; of board of regents, Mich.. 27 (6); of county boards, 116- 181; of district Dooms, 182-280; of municipal boards, 182-280; of state boards, 68-116; of town- ship boards, 182-280. Officials, school, not to act as agents. La., 23; not to sell supplies. La., 23. Ohio: af/D 36, D 80. D 40, D 41,02, 183.154,236,237, 238, 2», 240, 241,442, D 243, D 2447801, 848, 340, 308, 476, 528, 663, 721, 770, 780, 822, D 862, .865, 866, 867. D 868, D 880, D 800, D 801, 041, 047, 962, 072, 1010, 1011, 1012, D 1013, 1066, I) 1067, 1007, 1106, D 1 115, 1 134, 1187, 1256, 1290, D 1381, I486, 1470, 1506, 1520, 1540, 1507, 1508. Oil and gas purposes, lease of land, Okla., 402. OklahoM#H2, 43, 44, D 46, 03, 94, 246, 302, 360, 378, 899, 400, 401, 40Q, 431, 432, 446, 447, 477, 478, 686, 664, 722, 803, 9& 081, 1068, 1161, 1210, 1201, 1292, 1300, 1338, 1330; 1340, 1382, 1883, D 1384, I486, H71, 1481 . 1641,1500. Opening sohool with prayer, Ky., D 365. Operations, uniform throughout tpe State, Ohio. D 30; Ga, D 823. Ordinance of 1787, auoted, Mich., 27 (1). Ordnance and ordnance stores, 8. C., 1485. Oxxoon: 46, 05, 166, 166, U 303, 351, 374, 403, D 404. 433, 479, 666, 656, 742, 753, 917, 973, 1069, 1116, 1190, 1257. 1268, 1341, 1437, 1600. Organisation, of board of agriculture, Okla., 1436: of oommoD schools, Ohio., I) 40. of common schools, oounty the unit, Ky., 133; of incorporated communities, Va, 358; of independent school dis- trict, Idaho, 192: of school districts, 8. Dak., 100; Rina., 620. Orjtaan ^ui^lums, state, providing text-books for, Orphans, Indigent, house erected for, Pa, 1607. Overpayment of taxes, W . Va.. 452. Oyster propagation,, Investigation of, N. J., 1426, Parental school, Cal., 1023; Baltimore city and Alleghany County, Md., 1611a; establishment, 8L Louls^ Mo., 1049; site and building for, Wls., 608. Parents, compensation for transportation! dren, fcans.,902; foesfrom district not mail high schools, N. H., 1249, D 1250. D 1261 not required to transport pupils, N. 1 payment for transportation, Wls., 1019; role to district to whfeb children are * Nobr., 1003; widowed dependent children subject to compulsory act, Okla., Parish, board, may donate lands, La, 302; suf tendent, eligibility, La, 203. Part of endowed fund not taxed, Iowa, 1496. Partially depopulated school districts, Kans., Patriots'* Day, declared legal holiday, lie., 977 Pay for hire pf convicts, 8. C., 1439. Payment, of bonded indebtedness, Wash., 604; W. Va., 606; of damages for sheep killed, Mich., 517, 510; of debts of Joint districts, Conn., 544; of ex- penses, method of, Col., 1403; of expenses of school-directors, Pa, 157; of fixed charges from forest-res er v e fund. Pa. 375; of floating Indebted- . ntei, Kana.,632; of teachers’ salaries, N. Mex.. 32; of teachers' salaries, increase In tax levytor, Utah, 666; of treasurers' oommlaions. Va. 533. Penal ties, for keeping blind an? deaf from school, if chil- ng N. C., 1566; tor neglect of duty, Vt.,266; for teach- er! violating sot prescribing -separate schools. Okla. 44; for vfolatioa of compubory-attendance act, wla., 1546; for vtolattag roles of goaranUne, Va^l446- Penalty, for foQtna to deliver property, Wash., 275; for tenure to make statement of receipt*. Va, 176 ; for failure to report, Va. 271; tor injury to public land. Ala, 4®: for withholding toooey from oounttas, Okla, 872. Penitentiary tiansfo niad to use of egrtoulturel ool- lega, Wyo.. 1444 . — ■- ‘ “ D 40, 06, 97, 157. 246k 847. 481, 88% W. «LJ0O | 7«U wjm, iWL im t Ion, 1472 , is®, \m, tan, PiwinrrLVAifUr mi* m. 806, ri Dim, d iiis, J INDEX. 367 l Figure* In itaUc* refer to pages ; others to enactment numbers.] Pensions far teachers, 873-897 (to o Uo Tea then’ pensions); local. Bemosotadr. N. Y„ 88A r 8(47; Albany, N. Y., 886; Watarvtiet, N. Y.,888; Char- leston, B. C., 894: Chicago, HI., 873, 874. D 876; Indianapolis, Ina., 876; Baltimore, Md., 877a; Boston. Mass.. 880; Elmira, N. Y., 883; New York, N. Y., 884; state, Conn., 872; lid., 877b; Mass., 879; N J., 881, 882; Obk>, D 889, D 890, D 891; Pa, 892; R. I., 893; Utah, 896. Ter capita of sebboi tax, Oreg., 666; applied to sala- ries, Oreg., 666; decreased, Me., 638. Per diem, tor county hoard, B. C., 160. Permanent census boards, cities, N. Y., WO. itormanent certificates. See Teaohers' certificates, permanent. Permanent school fund, 417-438; Iowa, 383; Kans. 386, 421; deposited, N. Dak.. 430; forost-reserve fund added to, B. Dak., 434; income from, Okla.. 400(3); lnvestmentof, N. Dak., 428,429; Invested In first mortgagee, Okla., 400 (6;; provided tor, Vt.. 435. , , Permission fair tho estabUshment of higher imtitn- Uons, lnd., 1496. Person, a. once elected, again eligible, Mich., D 21 • i .1. ; W . .1 is. hvnl ERiC IF 968 { Figures j olira refer to pave**; other* to enactment number*. J Public school. no oxokistan froil, Kans., D 17. Public school system, port of, ( at, 4; what It lu- | chides, CaL , D 467. Public schools, nature of, Pa, 247. Publishing loans from school fund, Ind.. 420. Punishment, corporal, 1101-1108; of crimes, N. J., 370: of public ameers. Vt, 266, Pupils, attainments of, N. J., 30; over 18, blind, transferred, Mich., 1562: damages for injuries, Ky., D 716: damages for lQjurlie not lecoveratde. Philadelphia, Pa, D 724; district Uahlltir for ; damages for Injuries. Wash., D 72S; nonresident, ; Minn., 1000; Va., 1017; Y't., 1016; Dumber to a teaober. Va, 853; periods of entrance, Pa., 947; provision for transportation, N. J., 3n; relief for Indigent, Ohio, 947; revocation of license upon saleof liquors to, Arts., 732; street railways, trans- portation, Mass., D 996, D 907, D 998; X. 11., 1004; tobaooo, use prohibited, Minn., 1096; trans- portation of. Mass., See alto Transporta- tion of pupils. Purchase ofschool sites. Ind.. .V»s. Purchasers, reoover school lands forfeited. Kans.. 384., Pure air, r, on pupils not lltielotis j»r se. N. ., D 233; re- quired frotn suiwxperiment stations, K. Dak., 1482. Repositories, for school moneys, Minn., 521. Representation of educational Interests. Cal.. *w*t. Ro^drementofclmrct menriterehln removed, Me.., Requirements to secure state aid, Wls., 492. Requisition of ftchooUwarU to lew tax, Tex.. 1) 084. Reserve portion of tuition fund, Ind., 631. Residents, of titate, tuition free, Utah, 1442; Cal., 1491; of the srhdol district. IV, D 49. Restrictions a* to contracts, Ohio. 242. Retirement allowances for college professor*. l.a. . 877: Mass., 878. Retirement hoard, Vteto. 896. Retirement fluids. See Teachers’ pensions. Returns of property by taxpayers, Oa.. Dtiin. Revenue for common schools, Utah. 484. Revenue fund, transfer of, Minn., 424. Review, of proceedings of school board, Iowa, 1> lb. Reviews of Wkdation. 18. Revision of school lew, N. Dak., 35. Revocation, of charter If telling to file certificate. Ohio, 1506: of teachers’ certificate*, 797-807 {tee alto Teachers’ certificates, revocation). RHODX Island; 96, 99. 249, 250, 590, 667. m. 699. 725, 726, 748, 808. life, 1400, 1563; Independent Day, exerotses, R. I., 1 100. Right of way through school tends, N. Dak., 394. Rl^ti te teach both reoee In private schools, Ky., Rulw, for school government , Iowa, D 16; La., 73; Ala,, D IIS; m., D 195; N. Y , 2» (A): may be rsytewmbto. Iowa. D 19; of sectarian character not allowed, Vi, 1609. Rates end regulations concerning dterlplh*, HL, 369-333, * Wte.. 669 JW, ’ Rural school district*, appropriation for mhooi- houses in, Ate., 706. INDEX* 359 (Figure* Inriailrs refer lo pages ; others to en lament nambers.I Rural schools, betterment of, Wis., 492; of the first class, Wis., 492; of the second class, Wis , 492, state aid, Ulno., 469; for transportation, wts.; 1020. Rural teachers, efficiency of, Oa.. 1^96. Safekeeping of public money, Wyo,, 537. Safety of the public, requiring certain health regu- lations, Ohio, D 41. Sakakawea, statue to, N. Oak., 696. Salaries, a percentage of school tar applied to, Oreg., 655; oducatlonal (pstltulions. heads of, reducing, Miss., 1324; janitors i Janitors, salaries); text- book commission (ire Commission, text-book, salaries). * Salaries of teachers. See Teachers' salaries. Salary, according to merit, X. Y., 229 (8); assistant chief Inspctor, workshops and factories, Ohio, 721; of city superintendent. Me.. 207: Teniy, 256; of clerk of state board of education, tfonn., 65; of county boards, CaJ., M2; of county superintend- ent, Cal , 122; Fla., 125; W Va., 180; of division superintendent, Va.*, 174; of mem here of state l>oard, Okla , 94; of professors of agricultural col- lege, Ohio, U35; of state officers, Utah, 105; Wash., 109; of state superintendent. N, Mex., 32; Arlt., 59; Lft., 72; Me., 74; Miss., 79; Mont.. 81; Pa., 96; Utah, 105; Va, 107; Wash., 109; of tax assessor, La., 516; of teachers. 111., .W-3S8, D626; of tcochcrs, Increased, VT. Va, M; of teachers, inlntmum monthly, W. Va.; 277, Sale, of articles manufactured at Hampton, Va., O 1447; of books. S. C., i5y; of property of educa- tional Institutions, Va, 1510, 1511; of school lands, Kans., 381; La., 386, 387; Nebr , 3B0; Tex., 409; of school lands, proceeds from, Mich., 27 (11); of school lands to actual settlers, Tex., D 412; of school property, Ind., 680; Va., 272; of school property without vote of electors. Wash., 535; of state lands, Wceh., 4*6; of surplus agricultural products, Va., I) 1447; of vegetation on school lands, Tex , 410. Sale contract of lands. Nebr., 391 . Saline lands and school lands, Nebr., 301. Saloons, closed on election day, Iowa, I> 329, Salt spring lauds, proceeds from sale of, Mich. 27 03). Sau Francisco, Cal., dismissal of teachers, Cal.. I) 833. Sanitary* arrangements In school buildings, N. Y., 229 (13). Sanitation of school buildings, 713-731; Ind.: I> 714; Va., 727 (4); maintenance of suitable outbuildings, Wis., 731; relation to healing and ventilation, Pa., 723. Saturday, not a day unsulted for examination, N.’ Y., D 33. Schenectady, free text-books, N. Y., 1142; teachers' pensions, N. Y., 885, 887, Scholarships, free, at agricultural college, Maas., 1415a; lu agricultural college, 8. C,, 1438; stateedu- catlonal Institutions, Vt., 1345; state ftormal schools, Ark., 003; Ky., 909; state university, Tenn., 1385: to normal schools, eighth grade graduates, Ih., 1157. School, a legal, oeflhed, Vt., 186 (4); for the blind, Utah, 1644; Mo., 1653; of design, tuition fee, R. I., 1490; of forestry, N. Dak., 1430; of mines, created, Okla., 1481; vs., 1482: of mines to encourage mineral Industries, N. Daft, 1480; or technology established, N. C., 1489; special types or, IS; to which pupil Is assigned. N. J., D 31. School accommodations defined, N. J., 30. School age, children of. Wash., 461; compulsory, Mich., 1041, V 1042; N- J., 1064: deftnatf Okla., 42; Wts.. 67; minimum, Idaho, 198. School and land purposes, reserve fund lor, Pa, 876. School authorities, abereuon of, Wis., D 66. School board, appointed by judgu, Wts., D 287; district, S. Dak., 100; has d fermion, Iowa, D W: in d ties of the first clam, w is .. 288; of a city, may be stied, Ky., D 201; superintendent presides, Oku., A - School modi. h e u a d LB. Dak., 100; reg is t er ed, Nebr., 426. £#r sbo Boras and totWhticSaa School census, 949-966; Idaho, 193; N. Dale, 476; enumerators agents of the city, Team., D 483. See ai*o Census, school. School city, not a corporation, Ind., D 197. School commissioners, elected at lam Vt., 266. School committee, closing a school, HflU., D 26; constituted, N. C., 148. School directors, decision of, final, Fa., D 49; safety Uon of, N. Max., 146. School discipline, t&, 1068-1106. School districts, consolidation of, Aria., 317: Osl, 322; corporate powers, Va., 273; created and altered, N. Hex., 32; discontinued, Aria., 466; deprived of appropriation from school fond, Mich., 27 (9); for colored people, Del., 321; forma- tion of,, Idaho, 326; Independent, 8. Dak., 100; may be divided, Idaho. 325; may borrow money, Mich., 509; may establish libraries, Mich., 609; must not exceed legal levy, III., D 562; new, Art*., 315; Artz. r 316, 317; organisation, S. Dak., 100; quasi municipal character, Cal., D 320; special, legalized, OhtL D 39, School feclIlUesrfieflned, N, J., 30; In counties, Ohio. 240. School fund, accounts of, Va., 175; apportionment, Utah, 4K5; basts of apportion mem, Wash., 110; conversion of, Wash., 417; deposits of, N. Dak., 371; derived from four sources, <43 a., D 651: distribution of, Or&g., iMi; Ind., 419; Investmon and Interest, Mass., 422; loan from, Wash., 417; regulation of Investment, 417-«§: ^transfer of, Del., 418; unexpended, disposal VEJ4K7. School gardens, authorising cities to’ eetabllah, Ohio. 1187. ^ School hoi tdays, 97.5-983. Set also Holidays, school, and Days for special observance. School lands, assessment for taxmtlon In dtlee, Wash., 609; sale and lease, 383-417. School law's, amended and revised hr a ootnmiaSkra, Pa, 47: compiled by superintendent, Oreg., 46; examined, revised, and codified. Iowa, 14; rep- ora), does not repeal power to levy taxes, HI., D(36: printing authorised. Conn., 7. School libraries, catalogued and Indexed, Ind., I) 1516; free lo fatnilles of the district, Cal., 1514; public, lft, 1M4-IA27; 8. Dak., 100; trustees of, ' N. Y., 229(9). School library, exorcising anthority over the nubile library, Ind.. D 1515* fund, Utah, 1525. School management, by hoara of directors, Kans., 200 . School meetings, 290-313; time for, Del., 292. School moneys, distribution of, N. J., 472; N. Y, 473. must fie paid on board's order, DL, D 6» School fbonth, day, year, 967-974; dnflnlng, Wit. 974; to Include legal holidays, Cal., 909. School nurses. See Medical Inspection, nurses. School officers, pecuniary Interest In school supplies, Va., 61. School physicians, Minn., 217. Seeelto Medical hH spec lion. • \ School population and attendance, IS, 947-1087. School population, basis of distribution of surplus Tenn., 482. School privileges, equalized, N. H..476. School property, not used by school, subject to taxes, va., D 379; tra nsfe r of unused buildings to townshtps, N. J., 691. School revenues, method of paying, Artx^, 455, School system, norsiui Italian of, wis., 284. School tax, appropriation of, Del.. 615; not a special assessment. 1*, D 412; per capita decreased, Ma., (138; state, Increased; Nrv. ( 29. School term, at mot four months, N. Dak., 47k O reg., 479; N. C., D 652; at lewt sight month*, Wts., 492; firing minimum, Arts,, 9w; Incre a se d tax levy to extend, w. Va, 672; Increasing length of, Mo., m. Ohio, 972; Wts.. 1084: ltsgth o£ Aria., -612; for ntfmsi ichoott to Mu to be malntainsd^Ind, <01. / • School trustees, poweta end duties, Idaho, 693. School year, defined, 8, Dak., 10ft; month>day, 98N 974. Schoothoa plans, appropriation for wpsisfeoa 64 wMl, 712; apflroval by ottttfty I < 1 part 1 1 ts n( rifo t , Wts., 712: approval by county superintendent eneptaditt districts of lO^OTO and ofeor, Wash., 860 f TATE SCHOOL SYSTEMS: LEGISLATION, ETC., 100S-8. (Figures In italics refer to page* ; other* to enactment numbers.] I ) I I ii 711; approval by superintendent of public in- struction, Ala., 706; Va., 700; distribution to local authorities Term.. 708. Schoolhouses (tee also Buildings and sites), built by oounty, Okla., D 46 {tec also Bond Issue); construction of, Va., 700; erection of lockups within 300 leet'prohibltou, Wls., 748; boalth of pupils, Va., 727; heating and ventilation, Pa., 723; Increase In maximum expenditure for, N. Dak., 607; license to persons in charge ol steam- heating plants, Me., 718; license to sell liquors near, forbidden, Conn., 734; lighting, heaUng, and ventilation, N. Dak., 707; new, bond issue J for, Dei., 649; prohibiting hospitals near, Nev., 741; sale of, Ind., 680; sanitation, Jnd., D 714; use Of, during vacation, Ind., D 681; use of, for social and educational purposes, Wia., 706; use of school funds for, In Newport, K. I.. 699. Schooling ol children, proper, N. 11., 047. Schools and the means of education .shall l>e en- couraged, N. C., I) 062. Schools, consolidation of, 984-1020; discontinuance of, Ind., 988; for prisoners, N. J., 1594; of educa- tion, 898-921; white and colored defined,* Okla , 44. Scientific knowledge of mining and metallurgy, Okla., 1481. Scope and plan of the work, 9. Seattle, W ash., certification of teacher?. Wash., 786. Secondary education, high schools and academics, U, 1213-1272; special state aid, 493^507. . Secondary schools (sec also High schools); receiving state aid, 494-607. Secret societies, school. See Fraternities, high school. Secretary of board of education, Mich. ,27 (2). Sectarian Influences, forbidden, N. V,, D 87 Sectarian instruction, N. Y ,,3/3-3/tf; Tex 316-3*0. Section 13 in every portion of the state of Okla , 400 ( 6). Securities, Investment of school funds, Okla.,400(fi). Selection, of school directors. N, Mex., 146; of school lands., Mont., 388, of state lands, Wash.. 417. Selectmen exempted from rrouirement of assessing tax«, N. H..W7. Self-eQbport of the blind, occupation for. Me., 1650, ' Separate boards and ofllccrH for white and *olorcd schools, Okla., 44. Separate school districts, Va , 270. to issue l>omis, Miss., 642. Separate schools, for white ami colored children, Kan*.. D H.^Okla., 42. Servlet fund, for district l>oardt, Ohio, 23»>. Service of principals and teachers, N. Y , 229 ( 4). Sessions, legislative, table of, 9, Settlement, between school districts, I 'tab, 355; of oounty treasurer, Mo., 623. Settlers, actual, sale of I ends to. Tex., D 412 Short oourses In agriculture. N. J., 1423. Shows, licensee of. Mass., 26* Sinking funds, common school, Ind., 419; for liqui- dation of bonds, Ind., 667; investment, W. Va.. 606; of school districts, 8 Dak.. 629; Minn.. 622. Sites and buildings, W in prohibition districts, 782-748. Sites for rfchoolhouses, action of voters to precede condemnation, Mich., D 667; condemnation in cities of over 60,000. Minn., 689; eminent domain Arts., 676; proximity to residences, Iowa, I) 683. site in consolidated school districts, Iowa, 682;; Springfield, Mass., removal of cemetery to pro- vide, 11 ass., 686, Smallpox. 8ce Vaccination. Smith. Edmund Kirby, Statue of, Statuary' Hall, U. S. Capital, Fla., 1297. Sororities. Bit Fraternities. Booroea of school fund, Ga, D 561. 1 SOUCT CAXOUHa: 168, 169, 160. 261, 806, D 362, 376. 591, 693, 668, 669. 660, 1072, 1073, 1136, D 113& 1261, 1488, 1439, 1486, 1623. Bourn Dakota: 100, 262, 268, 264, 386, 307, 406, 406, 407, 408, 434, 629, 603, 700, 744, 746, 082, 1162, 1312, 1343, 1440. 1601, 1602. Southern lillnot* Normal University, powee to oco- Jer degrees, 1U., 813. Special oounty tax isvy, Moot,. 644. 8 pedal legislation, Wls., D 288. Special obeervanoe, days for. 1182-1186 Special school district, formation of, N. Dak., 317: legalised. Ohio. D 39. tpx, Arit., fill. 612. Special school tax. authorised, Ind., 659; local, Tex.. 663. Special state aid. for elementary education, 463-492; for rural schools of the first class. Wls., 492; for ondarv oducation, 493-607. Special lax districts, enlargement, N. C., 060. Special tax levy, Tenn.. 661; 8. 669; Tex., I> 6M. Special tcachors. not on merit list. N. Y., 229 (9); certificates, Vt., 790, 791, 8W ; oertlficabw (tec also Teachers' certificates, special). Springfield, Mass., transfer of oemetcry property for school purposes. Mass.. 686. Stairways, fireproof. N. Y.. 229 (13). Standard of Instruction, approved, Wls., 606. Standards, of schools lip-oetlgatod, Wash., 112. State aid for elementary jcfiools. Vt.. 480.(2); for graded schools. Wls.. 491, for libraries in rural schools, Va . 1526; for rural schools, Minn.. 468; for rural schools, conditions. Wls.. 492; for school su- pervision. Me., 44k3; for secondary schools, 494-507; for support of schools, Conn., 468, 469, 4*i0; Fla., 462, 463; limit of. Wls., 507; to weak school dis- tricts, W. Va., 54. Secaln Aid. state. State board, of agriculture, Mich.. 27 (7); Colo.. 1403; of control, Fla., D 10; of education. -Mich. 27 (f»); created. W. Va., 64; of education shall carry out provisions, Md.. D 76; of finance, Wash., 437; of noalth (tee Board of health, state); of higher education. Wash., 110; of visitors. Minn., 78. State boards and their officers, 58-115. , State bonds In favor of l*oard of education inviolate Ky.. D 1398. State certificates, for county superintendents, Town, I> 130; minimum salary lor holders of, N. C., 777; recognition in other States, Wls., 790. State commissioner of horticulture, Wash., 1448. State departments of education, Jurisdiction, N. Y. State finance and support of fehoo^ 1 1, 362-507. State Inspectors of nealth. Bee Board of health state. I State library commission, N. Dak., 1519. Stale militia, regulations applying to, Vt., 1487. State normal school, Mich., 27 (10): Ky., 1397; Natchitoches La., prohl lilting sale of liquors near, La . 739. State Normal V ni varsity, Illinois, contract with Stale lK>ard as to employment of teachers In prac- tice schools, void, III., D 835. State school fund, 111., 440. State school land*, 383-417; assessment by cities for local Improvements, Wash., 660. State school of agriculture, N. Y., 1426, 1427, 1428. State school tAx, Increased, Nev., 29; Insufficient, may lie supplemented by special tax,N.<\, I) 652; levy, Nebr., 444; Fla., 463, State superintendent of public instruction. See Superintendent of public Instruction, stale. State taxation for school purposes, 439-452. State universities. See Universities, slate. Statement, atumal, of receipt* and disbursements Va., 170; sworn, of expenditure. Vt., 486 (3). Stationery, supplied, N. Y., 229 ( 4). c Statistic*, printed annually, Team, 101. Statute provisions, inapplicable, Kans., D 18. Statutory authority, anseuce o/, Kans., P 18. Stenographer*, 1 n state super! n tande n t's offi ce, W Is . , 8L Lou l*. Mo., child lal*or and compulsory al tend- ance. Mo., 1049. Stock feeding, taught. Okla., 42. Street railways, required to transport school chil- dren at hall rates, Mass., D 996, D 997. i> 908. Study, comparative, of school systems, Ky. , 20, Study room, floor spaco, N. Y., 220 (13). SubdistricU, school. Ky., 133. 8ubexperiment stations, report to president of col- IMS, N. Dak , 1432. * Subject-matter of instruction , U55-1 1 86. Substance* found on school Wtds, valua of, TVx. * 410. Sura to b« raised for school purposes fixed by board of estimates, N. J.,626. INDEX. , I [Figure* In italic* refer*to page* ; other* to enactment number*. ] Summer schools, Institute*, 908-946, Va., 107; nor- mal. establishment, Idaho, 933. Superintendent, a member of state board. Wash., 110; authorised to ooiupllo school law*, Oreg., 46; election of, duties and powers, Mich,. 27 (2); dep- uty, New., 29. 8et aUo Superintendent of public Instruction, state. Superintend ent of pub lie instruction, W is., 712; aid to Industrial education. Okla., 1291 (3); state, ex- amination questions, Miss., D 772; state, achool- house plans, Ala., 700; N. Dak., 707; Va, , 709; state, teacher*' certificates, Nehr., H2l; Wls., 796; Wyo., 788. Ehipcrintendent of repairs. N. Y., 2J9(2). Superintendent of schools, city, N. Y., 229 (5); county, teachers' Institutes, compensation for at- tending, Ohio, 866; pensions, Milwaukee, Wls., 897(13); pensions, N. J..8HI; pensions, N. Y.,to5, 887 , 888; recognition of certificates granted by Wash. , 793; president of school board, Okla. , 42; teachers' certificates. Now York City, N. Y., D 7(5; Wash., 784; term, Mo., 843. Superintendent of schools, county, liability for Ille- gal warrants, Aria., 854; a county ofllocr, Cal.. D 186; penalty for violation of examination rules, Arix., 763; school census, Mont., 956; school house construction, N. Dak., 707 ; to act at parish treas- urer, La,. 515; to certlfv. Minn.. 4t*; schoolhouse grounds, Boston, Mass., 1197b; Oreg.. 1109 (6); Wla., 1200; primaryjBChools. to provideelxmonths' term, W. va., 672; public schools, Increasing maximum, Va., 666; sanitary outbuildings, Wii, 731; school term, extension of, W. Va., 672; special, transportation not payable from, Ind,, 980; state university, Idaho, 1312; Minn., 1375; Mich., 1339; Nebr., D 1330; to install a heaung plant, HI., D G28; to support universities, Ohio., 653; trade • schools, Wla.* 1293; treasurer's bond, to include foe for, Wls.; 674; union schools, districts, special. Wash., 670. Tax lists, fostn of, N. C., 649. Taxon gifts, bequests, and legacies, Okla., 446. ‘ Tax upon dogs, Mich., 617. Taxation, by State for school purposes, 439-452; exemption from, Vt., 450; for school purposes, local, 6U-D W4; N. Y:, 229(12); Utah. 449; Wash.. 461; Wyo., 289; In village districts, N. H., 64G; of public lands, Nebr., 391; of school district,- limb tatlon removal, Mich.. 640; of school property not used by school, Va., D 379. Taxes, for schools determined by board, Tex., D 664; imposed for educational 'purposes, Ky., 1398; overpayment of, W. Va., 462; paid for high schools unconstitutional, Nebr., D 368; paid without protest III., D 626. Taxpayers, qualifications (or votlng^Oreg., D 363, plans, Wash., 711; teacher*' certificates, Vt.,783; Teachers, compulsory retirement, Utah, 805 (12); learhors’ certificates, revocation, 1ml. . D 797; N. V., 883 (1 and 4). Kans., 789; Wyo., 788; to withhold hinds In cer- tain districts. N. Dak., 961. Supervising principal. Arix.. 183. 8uncrvis!on,ofolamentary education. of instruc- tion, Okla., 42. Supervisors, board of. Mich., 136. Supplies, furnished, Iowa. 09. • Supplies and text-books. 1120- 1 154. Support, of county high schools. Kv., 133; of tnstl* * tule for tho deaf, Ark., 1532; of Institutions for detectives, Ark., 62; of libraries, Mich., 27(14); of public schools, I.A-, 636; of schools, state aid for. Conn., 468, 459, 460; Ha., 462. 4ti3. Supreme court decisions, Moral and state, Ruretlns of treasurer. Ohio, 238. * ' Surety companies, bonds for school treasurer. Minn., 218; required to Indorse houds. l'a.. 587. Surplus in state treasury. disposition of, Trtnn.. 482. Surrender of land contracts, N. Dak., 394,306. Survey, of mineral t>oaring school lands, To x., 4M; of state lands, Wash., 417. Suspension, of pupils, N. Y., 229 (5); uf ti'achen, N. Y., 229(5). Suspension and expulsion of pupils, 1103-1 105b Sustenance of common school system, Ky., D 1398. Swampland fund, transfer of, Minn., 424. Swamp lands, solo of, Ind. . 419. Syracuse, N. V., bond Issue for high school build- ings, N. Y., 1253. System, of accounting, uniform. N.'Dak.. 36; of common schools, Pa., 248; Cal., I) 542; of educa- tion, uniform, H. Dak., 100; of frets public schools, Okla., 42; Idaho, 193: III., 623; of government of Toledo University, Onto, D 38; of primary school* 1 In Mich., 27(9); of public schools, uniform, Tnnn.. 50; of school supervision, Nev. , 29; of state normal schools, Ky., D 1398. T. Tax, school, Increased, Nev., 29. Tax levy, annual, Increased, 8. C.. 060; by district or counties, 0a., 322; boards of education, powers and duties, Va., 666; building and supply fund, W. Va., 671; city school districts, Wls., 673; city* schools, increasing maximum, Utah, 066; de- pendent and delinquent children, Iowa, 1611; nigh schools, oounty, Kalis., 1234, 1236; for con- struction of school buildings. Aria., 611; for municipal purposes. Tend, 268; tor pubtio in- struction, Fla, D 617; Mr school purposes, N. Max., 32; Wash., 274; for school site, Ky.,.D 635; hkh schools, maintenance, W. Va, 672: high schools, township, Ohio. 1266; Joint districts, equalisation, Wts., 675; objections to manner of, IU., D 086; only for educational and building pur- poses, m 7 D 038; per oapita, Oreg., 666; play Teaches, free to attend institute. Idaho, 193; In ele- < mentAry and secondary schools, 7£ not to act as [ agents, l.a ,23: not to sell supplies, La, 23; num- i her of, basis of apportionment df school moneys, Nev., 29; of the doaf, Qualifications, Mich., 1536; ; professional training, 898-921; qualification^, Ind., ! 857; Kans., 816, 1103; Mich., 8a); Oreg., 156; age, Wash., 757; experience, Idaho, 809; moral char- acter, Kans., «16: practice schools IU., D'835. Teachers and .assistants, Minn., 468. Teachers' appointment and dismiss'd, ty Teachers’ certificates, Ind., 33&-SiS: Aria, 464; 8, I>ak., 100; conUn uapcAj Vt., 806; 'diploma, agri- cultural and mechanlcffl oolloge, Okla, 1291 (10); diploma, approved Institutions, La,, 818: diploma, approved institutions, Nebr.-, 821; Md., 819; , diploma, postgraduate. Ind., D 814; diploma, state normal school, Arli., 761; diploma, state normal school, Ark., 903; diploma, Texas Indus- trial Ins tltutcand College, etc., Tex.,823; diploma WrstVtrginiaUQiverslty, W. Va.,826;clomentafy •agriculture, examinations, Okla., 1291 (5); fee*, Iowa, 707; fees, applicants from other State*, Arts., 762; Indorsement, Iowa, 796; N. C., 778; Mich. 799; Okla., 803; VL.804; Wts,; 796; kinder- garten and primary teach ere, Wt., 791; kinder- garten teacher*, Tex. ,1192; kindergarten training- school graduates, W 1*^795, 796; life, Ala., 760; Ind.. D Hi 4; Vt., 783; Wash., 784, 785; minimum ago for granting, Wash., 757: norma) schools op* proved. xraduateeof, Ind. ,922; norroaJschools.ex- amlnatfon of students, Ky., 909; normal schools, graduates, Idaho, 809; Wts., 796; normal school and university diplomas, 808-828: pensions to holders, U. I., 893; permanent, Nw York City. N. Y., D 775; physios, examination ID, Miss., 771; primary teachers, Vt., 791; renewal, Ala,, 759; Onio, 779; Okla.. 942; Vt., 790; Wash., ftfcWto., 807; repealed, Iowa, D 130; revocation, Ind., D 797; Mich,, 800, 830; Mont.. 801; N. Dak., 802; Okie., . 800: salary not payable without, Afta., 864; Dak., 851; Seattle. Wash.. 780; special teachers, Vt. J90. 791, 804: Wls., 796; state. Kins,, 816; N. O <77, 778; Waul, 787; state, issue upon horning * of local records, Miss* 770; rammer school courses, N. y, 939: temporary, Kaos., 789; Mont,, SOI; Utah, 824; Vt.. *92; Wash., 798, 794: uni vanities and oollegre of State, degrees. Mich., 820; validity, Idaho, 754; Kans.^68; Okla., 80S; W. Va,, 8ft; it, registration, rwvooatioo, 4 ' Inf I Vt 9 vTf f sVMISi validity, indoraei 797-807. Teachers' College, nooenltion V diplomas. l, 816. Teacher*’ ooUem, purpose pf, N. Dak., 1400; and normal sohook 1896-1401. Teachers’ oon tracts, appointment, fllmlneat/fnfl 868; Wash., 1018; oounty board of education, Ala., 830, D 881; everting schools, D 849; must be ■ to writing, Ltd, X> 888 ; D 887; revocation, D 882. 862 8TA1*E SCHOOL 8YSTEM8 : LEGISLATION, ETC., 1906-S. (Figure* In italic* refer to page« ; ot tiers to enactment number*.] ?! Teachera* (UamMsal, Cal., D 832. D 833; HI., 874 (14), > D 875; Md., D 889; Mich.. D 1842; N. C., 860; 1 N. Y., 845, D 846, DM7, D 848. Teachera* education, 14* 8*4 aUo Normal acbooU and Certificates. * Teachers’ employment and contract, Ji, 830-863; 1 oon tracts with county board, Ala., 890, D 831; : Sao Francisco, Cal., D 833; state agencies, Mass . 840: Mich., 841. Teachers' eventng schools, New York City, N. Y.. DM9. 1 Teachers' examinations, board for conducting, Iowa, 706; Buffalo, N. Y., on half holidays, N. Y., D 776; ooimty high schools, Kara., 1103; In ale- : mentary agrlculturo, Okla., 1391 (6); exemptions, I Kara., 816; Mich,, 830; Wash. , 787; foes, Aria., 763; i Iowa, 787; graduates, uni vend ties and ooUeces, I Ohio, 779- penalty for violating rules, Aril , 783; \ physics, Miss., 771; questions, illegal use, Miss., i D 773; questions, Illegal use, Tex., D 781, D 782; renewal of certificate* Ohio, 779; students, state ! unlveralty, Kv.,J3M temporary certificates, Yt.. ■ 792. " ^ Teachers' examinations and certificates, 769-796. Teachers' Institutes, annual In each county, Ind., 935; apportionment funds, Arti . 928, 929; oertlfl- catos, Okla., 942; city schools, Wash., 946; credit for attending, Ind., 857 (1); for negroes. Ark.. 930; Joint, Mont., 937; Utah, 944; payment for attend- ing, Ohio, 866, I> 8p7; provided for, Tux.. 166; state go vemlng board, Utan, 944; tlnoebfboMlng, Nebr . 988; Pa., 943; traveling oxiwisre of teachers, Fla.. 933. Teacher*’ Institute© and summer schools, 928-946. Teachers' lloenses, Ind., 339-34*. Teachers' pensions. 872-897; local, Albany, N. Y , 886; Baltimore, Md., 877a; Boston, Maas.. KW); Charleston, 8. C., 894; Chicago. 111., 873, 874, D 875: Elmira, N. Y . KH3; Indianapolis, Ind., 876; Milwaukee, \V Is .807: New York City. N. Y., 884; Schenectady, N.Y.,885, 887; Watervlelt.N Y. ( 888; general, Conn.. 872; M<1., 877b; Mass., 879; N. JT, 881, 882; Ohio, D 880, D 800, D 801; 892: R. I., 803; Utah, 896; Va., 806. Teachprs' professional training ($tr also Normal eo^Sols, and Teachers’ training schools); agricul- ture," Mass., 910; creating system of normal-school Instruction, Ind., 022; manual training, N. I>ak., 916; state aid to George I’tebody College tor Teachers, Tenn., 806b. Teachers ’ salaries, 854-870; Pa., 336-33#; W. Va , 277: Del., 615; contracts, written, recoverable only under, Ic€B8 1 I) 887; during epidemics, N. MtXj, 869; forfeit of, for ass of rellfis dress, N. Y., D maximum, N. Mex., 850; minimum, tad.JWJi Md., 858; Pa., 809; New York City, N, Y. ( D 861; minimum for holders of state ceAlfl- catqs, N. C., 777; payable only to holders of cer- tificates for full term. Arts., K54; proportion of funds applicable to. Cal., 855; salary commission cannot nx, Pa., D870; state aid toward payment of minimum, Ohio, 867. Teachera* tenure, Cal., D 633; 111., 874 (14); Oilo, D 862; Wts., 807 (11); permanent, New Orfoanrf, La., 888; portion vacated by marriage, La., 838. Teachera' training, appropriation for, N. C., 148; professional, tf. Teachera' training departments, high schools, Ind., 932; high schools, Nabr.,923;hlghschools,Va..926. Teachers' training schools, certificates upon diplo- mat, La*£18; Kindergarten, certificates to grad- uates of,Wl»., 796; unilted teachers* examina- tions to graduates of. Ohio, 779. Technical sad Industrial schools, If. Technical education, aided, Ala., 1488; higher, 1396- 1487; fund, Mass., 432. Tec hni cal objections to manner of tax levy, 111.; D Technical schools, miscellaneous, 1488- 149a Technical training, elementary, 1176-1181. Technology, school of, established, N. C., 1489. Temperance instruction. 8*4 Physiology and'hy- glsha, temperance instruction. Temporary rerUflootoa 8m Teachers' oartitfates, tem p orary. T TonrKsan: 50, 101. 102, 163, 104, 106, 256, 257, 208, 259, D 260, 308, D 483, 594, 661, 708, 746, D 747, 754, 1074, 1075, 1137, 1202, 1344, 1385, 1441, *1473, I486, 1506, 1608. Tenure of office, of superintendent, Mich., 27 (2); Mo., 223; of teachers, N, J., 344 (see site Teoohen’ tenure). Term, or office, of school superintendents, N. Mex., 32; of school, at lerat four months, Mich.* 27 (9): N. Dak , 475; Oreg#479; N,C.,D663; tobemain- t&lned. ind., 631; of school oommiaskmers, Yt.. 267; of teachers' service, N. J., 344. Term "colored children," defined, Okla. 42. Territory, adjacent, attached to school district, N. Dak., 346; annexed, transfer of property, Onlo, 349: embracing parts of different counties, Tex., D 300, Test, no denominational, Imposed on trustees, teachers, and students, Cono., 1494. * Texas: 102, 166.261, 262,263, D 300, D353, D3M, I) 377 , 409, 410, 4ll, D 412, 448, 530, 595. 596, I> 597, 062,063, D664, D781, D 782, 823, 963, D 1102, 1153, D 1175, 1178. 1192. 1474, SUi 330. Texas Industrial Institute and College for the Edu- cation of White Girls In the Arts and Sciences, validating diplomas, Tex., 823. Text-t*ooks, Arli., 1120; Mo.. I> 1133: S. C.rT135; Wb. f D 1139; change of, Vs., 108; con tracts. Ind. 1129: W. Va.. D 113**; county unlfomdtr, Mo. 1147; Wls., 1 1 54; depositories, Ind., 112ft, 1129; Kaos., 1130; 8. C., D 1136; dej)ositories, local ,ftgenls> Tenn.. 1137; free. Ii39n-ll43; Conn., 189. 1140; Mont.. 1148; N. Y., 1142: state ftld. Md., 1141. officers, Illegality of sale by, Ohio. 1 134; published In the .State preferred, Lii.. 73; state orphan insti- tutions, Cat., 1568; state imlfnnnlty pf, 1143-1154: Ala., 1143. 1144, I) 1145; N. Mex., 32. Nev., 1149; Okla.. 11A1; Tex.. 1153; 8. Dak., 100; supplied, N. Y , 229 (If Text-books and supplies, 1126-1154. Tlieory and practice of teaching. Issuance of ceri lo- cate on examination In. Ohio, 779. Tliae for subn^psiou of reports, Wvo.. 2MV •Time of election of school officers, Va . 304: Tenn , 3t«; of superintendent. N. 11., -225. Time of organization of Ivoards of education. N. ,T . 220 . Title of school lands In question, 1'tah, 413. Toledo University, hoard of directors, Ohio, D 13X1 Topography of the work, /I. Town school committees, Conn. . 188. Towns, union of, Vt., 265. Township, twards and their officers, 182-2*9: high achools, 111., 326. Trade schools, -slate aid. Conn , 1274 (4). Training of teachers, professional, 14, SW-921. Training schools.countv anti local. 922 -927; for teach- ers, N. <\, 148; eerttneates to graduates of, Ohio. 779. Transfer, of children to another Hchool. Ind., 512; of funds, collected for abandoned purposes, Ind.. 513; of mnds to niunlcl pall ties for promotion of ediic&tloflft Ohio, D 243; of penitentiary building* and lands, Wyo.. 1449; of property, Ohio, 349; of pupils, I*d., 087; N. Y., 220 (4); Mo,, 1002; of school fuatl I>ei., 418; Minn ., 424; Cal., 508; of school projferty, Tenn.^ifSOR; of unused school fund, Ind . 631. * Transportation of pupils, 984-1020; Ind , 988: Iowa, D 900: Mass., 343-344; Mo., 1002; N. J., 3fc Okla., 350; Wash^iflW: to adjoining districts. N. J., 1008; OblorrTm2, I> 1013; Pa., 1014; board of odu- dton, unusual distances, N. J., D 1009; common schools, restriction to, Me., 993; day and evening* eChdols, Mass., 996; district funds, paymont from, Ohio, 1010; high schools, Conn., 98o; nigh schools, disoon tin nanoe. Man.. 994; parents, compensa- tion, Kara., 992: Wls., 1019; parents not re- 2 Hired of, N. n., 1006 ; special tax levy, not pay- ble from, Ind., D 989; state ahLJWts., 10»; street railways, half rates, Mass., D 996, D 997, D 998; .special rates, N. II., 1004. Traveling expenses, of oounty superintendents, Miffp-i 13& Monti, 143; of mappers of ooonty r I INDEX. 303 1 Figure* in italic$ refer to pages ; others to enactment numbers.] Treasurer, oounty, oommisskm allowed, Va., 177; of parish school funds, La.. 614* of school district, tax levy to Include fee for bona, 674. Truancy, child labor, 1021-1067. Bee also Attend- ance, compulsory. Truant officers, Oil., 1026; Kans.. 1033; Me., 207: Minn., 217; N. Y., 229 (2); Oreg., 1000; l’a., 1071; Vt., 267, 268; Wls,, 1065; Wyo., 1087: appointment, Kais., 100.1; Ht. Louis, Mo., 1049. Truant schools, 1610-1617; Del,, 1026; Mass., 1612; Mo,, 1049; chancing name to “training'’ schools, Mass., 1612; 8t. Ixjuis, Mo., 1049. - Truants, Cal,, 1021 Trustees, tto&rd pf, vacancies, Ala., 117; county high school, Kans., 132; district, to take census, Arig., 183; number Increased, denied by alumni, Conn., 1494; officers, tear hors, and students, no denominational test, Com:., 1494; of permanent school fund, Vt., 416 (2). Tuition, nooe charged for primary schools, Mich., V 27(9). • ^ Tuition (tm Aril., 984; Ind., 612; Kans., » 991. agricultural college, Kans., 1411; at school of de- sign, K. 1., 1490; exem pi ions from payment, Mo , *001 ; for transferred pupils, Mo., 1002; trom non- residents, Idaho, 193: high schools, 111., 1227; high schools, Iowa, I) 15; high schools, payment by loams not maintaining, ('onn.* 1226; fees, high schools, unconstitutional, Kaus., D 1236; pahl for • from school fund, N. 148. Tuition fund. N. Dak., 475. Steal#) Funds, tuition. Tuition tax, reduced, lnd., 631. Tulum* Uulventtv, recognition of diplomas, Lc., 81 H. Tuskegeo Institute, examination of, Ala., 1. Types, special, of sc hool. 15, 1186-1212. t;. ruclalmed estates funds, lnd,, 419. l'n«»nstlHittou*Hty^or^Jilgh -school tax, Nebr., n .'its. y Undertaking. or tioncl, of superintendent, N. Y., 229 m.T Uniform /jpexatton of law, Ga., D 323. Uniform schahile of salaries, N. Y., 229 (8). Uniformity, established In contracting debts, N. I) 5S3; In aot'ounting, N. l)ak.. 36; of system of •public schools, Term., 50, 164 , 21*4, 1) 4A3; of text- books, 1143-1154: N. Mcx.,32; Okla., 42; S. Dak , 1007- W ash., 112/ of system of oounty government, Cal., 122. Vnlon, of town and school district, Vt., 356; of town* for school purposes. Vt., 265; Me., 4f*i. school districts, Minn., 520; special tax levies, Wash., (170. Set al*n Consolidation. United Stales Hag. display,* Cal., 749; lnd.' 76o; Kaus., 751, 1165; Oreg,, 753: Tcnn., 754; If ah , 755; in school. 749-758. United States grant. 1450-1479. / Universal education, Wls,, 55. Universities, may tie supported bv tax. Ohio, AM; state, appropriations. Ala,. (360; Fla., 1308; Iowa, 1316; Oreg., 1341; Tcnn,, 1385; Wls.. 1393. 1394; biological station, Cal., ‘1 304; iKwd of n*- gents, compensation. . Kans., 1317; board of regente, Increasing membersof, Okla., 1383; board of regents, reqidnng open mootings, Nebr., 1378; board of regents, Units and qualifications of mem tiers, Minn.. 1373a; lioard of trustees. N. C.. 1380; lioard of trustees, appointment of addi- tional member, Oa., 1368; building l>oods, Idaho, 1312; chanoellor, reducing salary of, Miss., 1324; OQDpspondenoa oouzscs, Wls.. 1203; engineering dmixment. Minn., 1375; formers’ Institutes. Cal,, 1206; fanners’ institutes. Wyo., 1212: foes. a Utah, 1386; 141, 1371; forestry ooufse, Minn., W 1373; funds, Idaho, 1310; Wash., 1351; funds, trans- fer dr, Wls., 1355; granting oorporatq power, Va., 1387; state. b<h laboratory, N. Dak.,lU4: In- demnifying Lake City, Fla.. 1309; Investigating committee, Ark., 1361; land for Weather Bureau station. Minn., 1372; land sales, Ala., 1357; lands, Okla., 1382: law and medicine, establishing depart- ments of, Ky., 1370; Mtfepaitnuiit of, abolishing fees, Wls., 1391; medicine, constituting state oollcgc of, a department, Ala., i960; medicine, establishing college of, Wls., 1392; name, Ner., 1379; nooilalilllty to garnishment, Idaho, 1389; nonual departments, abolish teg, Colo., 1386; normal department, creating, Fla., 906; relation to state board of education. Okla., 1384: sale of liquors near. Mo., 740a, D 740b; tax levy, Nebr., D 1330; tax levy, increasing, Mich., 1320; tax levy, ftpoaial, constitutional amendment, Fla., 1307* teachers’ certificates upon diploma, W, Va, 826; wls., 796; treasurer. Nebr., 1377; tuition, free, to veterans of Span Iso- American War. Minn., 1374; Vilas l«quost to University of Wnoonsin, 267; visits of legislative committees, Oa, 1367. Universities and ooUogas, diplomas, 808-828; right of eminent domain, 111,, 676; right of students ti vote, [) 1198: societies, exempting property from taxation, W . Vo.. 1302; teachers' certificates, validating diplomas, Idaho, >09; teachers’ certlfl cates, validating diplomas, lows, 815; Nebr., 821 Ohio, 779. University, hoard of regents, olectlou, Mich., 27 (3) departments and schools ol education, 898-931, extension, 1201-1204; correspondence course, state university, Wls., 1203 . ' Universityof Wisconsin, Vilas bequest, JW7. Dnorgtuiltod towns, Vt., 357. , United States Government funds hold subject to act of Congress. 8. (* 376. Use of school buildings for social and educational purposes, Wls., 705. Utah: 103, 104, 106, 167, 168, 160, ‘>04, 31U, 356, 378, 413, 449, 484, 485 , 598, 599, 665, 756, 824, 895, 944, 1159, 1164), 1173, 1179, 1203, 1386, 1442, 1443, 1475, 1524, 1525 1 542, 1543, Utica. N. Y\, providing . protection, N, Y., 096. 1^44. 1604, 1616. [for bond issue t^afford fire 198; , \ | Vooand« in school boanl, Ala., 117; Iowa, N. J .227; Ohio, 240, 24i; V tali, 284. Vacation schools, authorizing citlos to establUfi, Ohio. 1187; Boston, Mass., 11971). Vacation schools and playgrounds. 1 197-1200. Vacations, use of schoolhousos during, lnd., D 881. Vaccination of pupils, Ark., I> 3, 118, D 1106; III., D 1108; Mass., 1109; N. V., D 1113; N. Y., D 34, D 1H2: Ohio, I) 41. 1115; IV, I) 1117, Ills; Wls., 1119; 111., IKKltt; N. (’., Mt-W; N. V . , 3ti-3£8, Pa stones. Validating gifts and grants, Mich., 1502. Validity of teachers’ certificates, 797 807. Value, oommercial, of substances foqnd on school lands, Tex., 410. Vontllaling system, In rural schools, WU., 492. Vermont: 106, 265, 266, 268, 276, 3 U, 356, 435, 436,* 45 Q, 486, 502, 531, 783- 790, 791, 792, 804. 805, B18, 925, 945, 1016, 1016, 1076, 1077, 1181, 12M, I) 1388, 1344a, 1345, 1444, 1446, 1476, 1487, 1509, 1529, 1530, 1545, 1605. Vilas, ('ol. William K., Bfcqoest to University of fc Wisconsin, IW7. Violation, of iKjanl’s rules by pupils, Iowa, D 16; ofoode,llquorsclllng,]owa,D82$; of constitution orotril code, Oa,, D 11. VtROQfU: 51, 52, 107. 108, 170. 171, 172, 173, 174, 175, 176, 177, 178, 289, 870, Z71 , 272, 273, 368, 3W. D 379, 487, 488, 503, 532, 533, 534, 600, 666, 667, 668, 700,710, 727, 853, 806, 919, 926, 964, 1017, 1078, 1079, 1126, 1180, 1180, 1301, 1346, 1347, 1348, 1387, 1446, D 1447, 1477,1482, 1510, 1511, 1528. Visitors, state t>oard of, Minn., 7g Visits to schools by oounty superintendent, Arts.. Vocational training. See IndtCrfal education. Vote, for a relative, a punishable offense, Okla., 43; of tile people authorised building. 111., I) 628; or . the people authorised installing a heating plant, III . DtflS; on bcqpl Issue. Minn., D 674. V ?ton* tpproval of ’ Mm# -» 210; quailUc*- Vottng fcrepedol sobool taxes, 8. C., 068 364 STATE SC HOOt BY8TEM8: LEGISLATION, ETC., 1006-8. [Figures In italics refer to pages; others to enactment numbers.] & I i Ik Warrants. discounted, Vo,, 51; Indorsed bv division superintendents, Va., 171; upoD State paid by - City treasurer, V a., 534. * Wabhinoton: 53, 100. 110. 111. 112, 113, 179,274,275, 300, 380, 414, 415, 410, 417, 437. 438. 451. 535, 530, 601, 602, 603. 004. 669, 670. 701. 711, D 72*. 757. 7M. 785. 786, 787. 793, 794. 805, *25. «20. 940. 965, 083, 1018, 1081. 1062. D 1096, I) 1009, 1340. 1350, 1351. 1352, D 1353, 1388, 1448. 1478. 1600. Water for schools, right to secure through condem- nation. N. (\„72tf. Watervliet, N. X. t U*ftchers‘ pensions, N. V., xwv Waterways, public. facilitated, La., 202. Weather station observatory, Mich., 1417. Wells, artesian, on school lands, 8. Dak.. 407 . West Virginia: 34. ISO. 270. 277, 3til, 452. 480. 5tU, 606, 671. 07*2. 820. K27. 82H, 871. D 113*. 120,*:, 1354, 1512. West Virginia Colored Institute, validating diplo- . mas, W. Va., 828. Whitman College, charter. Wash., D 1J63. Wisconsin: 55. 1)56, 114, ms, 1KMSBT280. 2hi, 2tO 283, 284, 285, 0*286, D 287, 0 288,312, 1)313. 0 381, 490, 491, 492, 505, 500, .Vl7, 007 608, 009. 010. 673 674. 675. W, 703, 704 , 705, 712. 729, 730, 731, 748 758. 795. 790, 807. 829, 897 , 921, P27, 006. 974, 1019, 1020, 1085, 1086, 1100, 1104, 1119, V 1139. 1154. 1163, 1181, 1200, 1201, 1202. 1203, 1201. 1211. 1269, I) 1270, 1293. 1294, 1295, 1296, 13.55, 1389, 1390. 1391/1392, 1393, 1394, 1513, 15|6, 1557, 1007, 1608, 1617, 5S5- 558. Wisconsin Teachers' Association, printing imJfcf**d- Ings of. W Is. . 829. * Withholding moneys from school districts, pouaity for. Okla., 372; slate school, N. Dak.. 475. Women, notexcludedfrom voting on Issue of bonds. Wls , 1) 313; qualifications at school elections, Vt., 311. * Worcester. Mass., control of Janitors by school com- mittee. Mass.. 7I0a Working capital for industries of commission for th® blind. Mans. . 1551. \\ nrWlmn* ajicl factories. chief inspector of. to ire sp*x*I school houses, Ohio 721. Wyoming: 2*9. 382. 537. 788. io*;. 1212. 1271. 1272 l» 1 3645. J 449. 147y, 1527, ltKW. Y. ^ M-h