W- \ ' • ." '• ■ SPECIAL NOTE. , % Tbe citations ud digests of tho legal decisions relating to public education contained in this number of the Bulletin have been derived, excepting as otherwise Indicated, from tbe American Digest, and the National Reporter System, published by the West Publishing Company, of St. Paul, Minn., and copy* lighted by that company, which retains and reserve^ its exclusive rights to such matter. Citations and digests from the following {Publications are specifically copyrighted: American Digest, 1000A, Copyright 1900 by West Publishing Company. American Digest, 100QB, Copyright 1909 by West Publishing Company. ( CONTENTS. Letter op transmittal. Page. . 5 Prefatory note 7 General explanations • 9 Table of legislative sessions 9 Plan of classification * • . 13 Bibliography . * . * ; 16 General summaries of legislation by States. 7 21 Legislation relating to public education i 31 A. — Administrative control and supervision of elementary and secondary i ~ education *. 31 B. — State finance and support '38. . C. — Local finance %nd support • - 89 D. — Buildings and sites *. ; 98 E. — Teachers in elementary and secondary schools 109 F. — Teachers: Employment, etc. : ^ 117 G. — Teachers: Professional trailing and education ; 126 H. — School population and attendance . ' 136 I. — School discipline 162 Health regulations. 4 + 167 K. Text-books and supplies 162 L. — Subject-matter of instruction 171 M. — Special types of school " 177* N. — Secondary Education: High schools and academies 181 O. — Technical and industrial education: Elementary and secondary. 189 P. — Higher educations institutions 195 Q— Professional and hfeher technical institutions. . ’ • 207 R. — Private and endowed higher institutions 213 S. — Libraries .4 214 T. — Education of special classes. 217 U. — Education of dependents and delinquents 1 221 Recent decisions of state supreme courts:* Explanatory statement. ' 229 Equality of educational privileges: I. — Kansas: Williams v. Board of Education of Parsons. II.— Kentucky: Prowse v. Board of Education for Christian County..' ’....... ;. ■ * mm III. — Mississippi: McFarland, Tax Collector, t7Goina. Sectarian instruction: IV. — Wisconsin: Dorner v. School District No. 5. Ti/W-w^r C0KTENT8. Recent decisions of state supreme courts— Continued. , Local taxation: •V . — Georgia: Coleman v. Board of Education of Emanpel County. 238 VI. — Maine: Inhabitants of Orono v. Sigma Alpha Epsilon Society , 244 VII; — Mrth Carolina: J. R. Collie, Appellant, t>. Commissioners of Franklin County..*. 248 Higher education— Appropriations: VIII.*— Kentucky: James, Auditor, t>. State University. Same v. Board of Regents for Eastern Kentucky State Normal School. Same v. Board of Regents for Western Kentucky * State Normal School 251 *\ High schools: ^ % IX.— Illinois: People v. Moore. . . ; 256 X. — Nebraska: Wilkin&n v. Lord, Treasurer of Richardson County 258 XI. — South Dakota: Board of Education of Yanlcton v. School Dist. No. 19, Yankton County » # 263 Consolidation and transportation: • * , XII.— Indiana: Lyle t>. State ex rel. Smith 264 XIII. -r-Missouri: State eu*el. School Diet. No. 1 v. Andr&e et al. . . 267 Health regulations — VacciaatraL* XI V. — Missouri: State ex rel. O’Bannon v. Cole : 274 XV.— Washington: State ex rel. McFadden t>. Shnrrock 280 Teachen* salaries and contracts: XVI.— Iowa: Byrne v. Independent School Bist. of Struble 282 Pupils — instruction, promotion, and discipline: XVII.— Mississippi: Hobbs t>. Germany \ . . . ’ . . . . ;• 284 XVIII.— Ohio: Board of Education of Sycamore v. State ex rel. Wick- ham 1 286 $ XIX.— Oklahoma: School Board Dist. No. 18, Garvin- County, v. Thompson.. ; . . 292 Jndbx. 297 LETTER OF TRANSMITTAL. ' "" | \ ' Department of toe Interior, Bureau of Education, Washington , April 7, 1910. Sir: In the fall of 1906 and again in the fall of 1908 there was pub- , lished in the Bulletin of this Office a carefully classified and annotated index of the legislation of the several States in matters pertaining to public education for the preceding two-year period, together with notices of some of. the more important judicial decisions. These digests have been much in demand and have proved their usefulness. It is clear that that usefulness would be greatly increased if this could be made an annual publication. Such an arrangement now seems possible, and the first of the proposed series of annual publications of this kind has now been prepared by Prof. Edward C. Elliott, who . edited the. two biennial issues. I hay© the honor to transmit this c6mpilatipn herewith, and to recommend that it be published in the Bulletin of the Bureau qf Education. The value of Professor Elliott’s work in this field is universally recognized, though it has of necessity been done at a distance from the office of publication. With the appointment in the Bureau of Education of a specialist in school administration, it .is expected that similar compilations will hereafter be prepared at Washington by members of the staff of this Office; and it is hoped that special publi- cations may from time to time be put forth in this field as the need for thenTmay arise. * Very respectfully, Elmer Ellsworth Brown, Commissioner ; The Secretary of the Interior. B PREFATORY NOTE. ♦ ^ < ^ • The following work, relating to current educational legislation and judicial decisions in the United States as generally affecting the organization and administration of the state school systems, was undertaken at the instance of the Commissioner of Education of the United States, Dr. Elmer Elbwarth Brown. It is in continuation of the plan inaugurated three years ago, which has resulted in two similar publications covering the periods 1904-1906 and 1906-1908 (Bulletin, 1906,No. 3, and Bulletin, 1908, No. 7 \. The very evident wide usefulness of these .publications, together with the cordial recep- tion by those for whom they were intended, seems to justify the present effort. , The work of preparation of the present number has been carried forward principally in the Wisconsin state library, the Wisconsin legislative reference library, and the law library of the University of Wisconsin, at Madison. To the members of the staff of each of these libraries I am indebted in the largest measure for their continued and courteous assistance in placing the necessary facilities at my disposal. In this connection I desire especially to mention Mr. Gilson G. Glazier, librarian, and Mr. William II. Orvis, assistant librarian, of the state library. Dr. Charles McCarthy, librarian of the Wisconsin legislative reference library, has by his advice and continued helpfulness furthered in numerous ways the progress of my task;' Miss %eone H. Spoor and Miss Jessie E. Wilcox, my as- sistants, have rendered much timely and valuable jud in the prepa- ration of the manuscript and the correction of the proof. The conditions under which this work was undertaken would have made impossible the incorporation of those portions dealing with judicial decisions relating to education had not Mr. H. E. Randall, editor in chief of the West Publishing Company, generously granted permission tq make use of invaluable copyrighted material. With but one or two exceptions the superintendents of public instruction, or the corresponding btate educational officers, and the -chief officers of formal, schools and higher educational institutions, have responded to a request for information regarding the character and importance *of the legislation enacted in their several States 7 . 8 ; PREFATORY NOTE. during the period under consideration^ The assistance of theses officers has added much to the value and quality of the results I have attempted to set forth, and I take this opportunity of expressing my appreciation of such assistance. Throughout, the spirit of hearty cooperation, characteristic of the attitude of all those upon whom I have had to depend, and especially . so of the various members of the staff of the B ireau of Education, has contributed J^o make my work far less arduous than it otherwise would have been! In spite of the care in preparation, a piece of work of this kind contain** possibly some minor errors. For these, and perhaps larger ones, I alond am responsibl^^-^ Edwakd C. Elliott. The University of Wisconsin, February] f} 1910. * * * . > • STATE SCHOOL SYSTEMS: LEGISLATION AND JUDICIAL DECISIONS RELATING TO PUBLIC EDUCATION, OCTOBER 1, 1908, TO OCTOBER 1, 1909. * ' .GENERAL EXPLANATIONS, ' , Scope and plan . — In the following .pages an tfltempt has been made /to classify and to anajyze the changes wrought in the public school systems of the various' States and Territories by the legislative meas- ures enacted during the year, October 1, 1908, to October 1, 1909. Supplementary to this legislative material, there arejilso included digests of, or citations to, those decisions of the state supreme courts ".containing important interpretations* of statutes relating to public education, or defining in a significant way the functions knd status of the public schools. . . Legislative* sessions are biennial in all the States and Territories except in Georgia, Massachusetts, New Jersey, New \ork, Rhode N Island, and South Carolina, inhere they are annual, and in Alabama, where they are quadrennial. The period selected includes the enact- ments of the regular session of the legislature in 41 States and Terri- tories* In addition, the acts of extra and special legislative sessions held in several of the States have been examinedjpr. measures relative to the public school system. ✓ ^ The following table displays the time of mVeting of those le^latures the enactments of which have. been presented:.* Table of- legislative teetions, October 1 , 1908, to October t , 1909. — U : Time of eeerioo. ^ Stile or Territory. Time of M«too. State or Territory. From— To— * : ‘ . 1 To- Atabcma(fpMtal)... July 27,1900 Jen. 18,1900 Jen. ' 4, 1909 Jen* 4,1900 Aug, 24,1000 ! Mgr. 18,1000 ! ■ Florida Oeorgta ■Aj\ 6,1900 June 24,1906 » Juno 4,1«00 At*. 13,1601 iVVftMM Miy 12,1900 Vq... June 23,1900 Atif. 13; 1000 Cdlfomta.X. Colorado... rjinhuit iriiif gar. 24,1000 Hawaii Feb. 10,1900 Apr. 21,1000 Jab. 6,1900 Jen.* 4,1900 Apr. 6,1009 Aug. 24,1009 Idaho Mllnqg Ji&* 4,1900 ’Jan. 6,1900 Mar. 4,1000 "l Jana 4,1000 Debvm Jail 6,1900 Mir. 31,1000 Indiana (special).... Sept. 16,1908 Sept. 10, 1001 • The eo* of tha 1908 Marion of Urn IagW»tef# of Oaorgta, exdudtd, o vine <***7 1“ fwlnltii*, the balfetln iMUedln 1906, have aim bean Inoludod ben. LO ~vmi 'school systems: xapMiATioH, airo., uob-s. TabU 0/ legislative eeeeione, October l, 1908 , to October 1 , 1909 — Continued. Utate or Territory. Indiana...-. Iowa Massachusetts Michigan.. .......... Minnesota ;.... Missouri Montana Nebraska. Nevada..*.. ' New Hampshire Kew Jersey.',.,. New Mexloo New*York North Carolina. North Dakota I Ohio I Oklahoma * I Time of session. * From— v- To~ | State or Territory. Jan. 7, 1909 Mar. 8,1909 Oregon *Jan. 11,1908 Apr. 9,1909 Oregon (special) Jan. 12,1009 My. 13,1909 Pennsylvania Jan. 6, 1909 Apr. 3,1909 1 Porto Rico.......... Jan. 6,1909 June 19,1909 Porto Rico (special). . Jan. 6,1909 June 2,1909' Rhode Island .... Jan. 7,1909 Apr. 22,1909 South Carolina Jan. 6,1900 May 17,1909 South Dakota Jan. 4,1909 Mar. 2,19^9 Tennessee .'. Jan. 2, 1909 Apr. 1,1900 Texas Jan. 18,1909 Mar. 18,1909 Texas (special) Jan. 6,1909 Apr. 9,1909 Do .J Jan: 12,1909 Apr. 15,1909 Utah..... Jan. 18,1909 Mar. 18,1909 Vermont Jan. 6; 1909 Apr. 90,1909 Washington Jan. 6, 1909 Mar. 9,19b9 West Virginia Jan. 8,1909 Mar. 6,1909 Wisconsin.. Jan. 4,1909 Mar. 12,1909 Wyoming Jan. 7,1909 Mar. 12,1909 j Time of session. From— To- Jan. 11,1909 Feb. 20,1909 Mar. 16,1909 Mar. ty,1909 Jan. 6,1909 Apr. 46,1909 Jan. 11,1909 Mar. 11,1909 Mar. 12,1909 Mar. 16,1909 Jan. 6,1909 May 7,1909 Jan. 12,1909 Feb. 20,1909 Jan. 6,1909 Mar. 6,1909 Jan. 4,1909 May 1,1909 Jan. 12,1909 Mar. 13,1909 Mar. 13,1909 Apr. 11,1909 Apr. 12,1909 May 12,1909 Jan. 11,1909 Mar. 11,1909 Oct. 7,1908 Jan. 29,1909 Jan. 11,1909 Afar. 11,1909 Jan. 13,1909 Feb. 26,1909 Jan. 13,1909 June 18,1909 Jan. 12,1909 Feb. 20,1909 . BcjoHipliah the purposes for which the bulletin is immediately intended 1 , 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. 0 (2) Constitutional amendments, adopted or proposed, whether general or local in their effect. ' . 0) Laws resulting in significant changes in the organization and admiqistration of public education in the larger and more important cities of each State, even when general in form and special in appli- cation; provisions of new municipal charters; and amendments to existing charters. t4j Laws authorizing special appropriation for the establishmen of a new educational institution or class of institutions! and extraor dinary appropiiations of wide general interest. ' (5) Laws relating to the general administration, control, anc management of particular state educational institutions. 6 : The following classes of legislation have been excluded from con- sideration; ' • .»' ' \ ; * (l) fowE providing for general ordinary appropriations. • In « mmbtr of lMttno minor ud obrlonSr unimportant nutaS* hart been omlttad. : to oertaln daises of reformatory, charitable, and quasi adooatlonal fa sta **“ m footnote undo’ Motion T, "EdUMton GENERAL EXPLANATIONS* * (2^ Special acts relating to particular individuals or minor localities. (3) Special and temporary acts, unless of more thai^ local or i % K* ■/ ^ ^ (3) With important and far»r4aching measures, in addition to the Jitle and digest of the subject-matter of the enactment, either the whole or the most significant portion has been printed. With respect to the judicial decisions, the method of simple citation as been employed in the case of those of minor importance. Gen* ©rally, however, a brief digest of pertinent points has been included. In a few instances a complete syllabus of the decision has been pre- sented. Appended to 'the main body of classified legislative and judicial material, there has been included the complete text of a number of recent court decisions/which are thought to be of more than passing interest to those engaged in the work of administration of public education. Still further, by way of evaluation of the importance of laws and decisions in the respective States, use has been made of the informa- tion furnished by the various state superintendents and educational officers. Laws and decisions which they have regarded as of the first importance in the development and progress of the State's educational activities and system have been indicated by an asterisk (*). ioc of deification arid arrangement . — In order to facilitate presentation and to render this bulletin of ready service for reference, the whole mass of the special class of educational legislation, together with the digests of and citations to related judicial decisions, have 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 as would tend to defeat its purpose. Under each of the headings indicated has been placed all of the matter properly belonging thereto, arranged alphabetically by States. In addition, the enactments and decisions have been num- bered consecutively, thereby contributing to ease and readiness in discovering matter of a particular type. Citations to and digests of judicial decisions have’ been distinguished from legislative enactments r prefixing a capital “D" before the reference number. The index at the close of the bulletin further, insures the readjr discovery pf legislation bearing upon any 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 type without leads. Direct quotations from the text of the measure are printed in 8-point type without leads, and are inclosed idthinquotatiohpOints. ( The material taken from judicial decisions has been treated in the *■» & ■ % ' , * .V ‘ if r if"!:' ■» ^ ^ III ., W GENERAL EXPLANATIONS. • f J|' ^ ■*;. " t ■. t f \% Tha reviews found in connection with each classified^gmup of legia- ; ^ lation and decisions have been printed in the larger W O-point) type, leaded. 5 PLAN OF CLASSIFICATION . 0 A. General AdmInistrattvi Control and Supervision of Elementary and Secondary Education. ° • a. General. ** 6. State boards and officers. c. County boards and officers. d. District, township and municipal boards apd officers, s. School meetings; elections; qualifications for voters. /. Administrative - units: Districts^ townships," municipalities, etc.; formation; division; consolidation. B. State Finance and Support. а. General.** б. * State Qchool lands. - c. Permanent state school funds: Composition and investment. d. State taxation for school purposes. e. General apportionment of state school funds; special state aid for ele- mentary education. /. Special state aid for secondary education. C. Local (County, District, Municipal) Finance and Support. а. General. б. Local (county, district, municipal) bonds and indebtedness. c. Local (county, district, municipal) taxation for school purposes. D. Buildings and Site! a. General.- ^ Buildings and sites: State aid; approval of plans, j e . Buildings and site$: Decoration; care; sanitation; inspection. d. Buildings and sites: Prohibition districts. *. U. S. flag in schools. E. Teachers in Elementary and Secondary Schools. a. Teachers: Qualifications; general. b. Teachere’ examinations and certificates: General. c. Teachere’ examinations and certificates: Special. d. Teachers’ certificates; validity; indorsement; registration; revocation. e. Teachers’ certificates; recognition of normal school and college or uni- versity diplomas. /. Teachere’ associations. F. Teachers: Employment; Contract; Appointment; Dismissal? а. General. 9 б. Teachers’ salaries. < c. Teachers’ pensions. . G. Teachers: Professional Training and Education. . * a. University departments and schools of education. b. State normal schools. c. County and local normal and training schools. d. Teachers’ institutes and summer schools. • This plan of classification Is, with tbs addition of one or two minor subdivisions, Identical with that followed in the previous legislative bulletins (Bulletin 1906, No. 3, and Bulletin 19Q&No. 7). Tbs . ti advantages for oompaiaUvepuipoees are obvious. Jp 4 K' 14 STATE SCHOOL BYBTEM8 : LEGISLATION, ETJC., 1908-9. r' H. School Popclahon and Attendance. o. General. * • b. School census. c - School year; month; day. # d. School holidays. *■ ^ 1 * ce °j attendance : transportation of pupils; consolidation of schools • /. Compulsory attendance; child labor; truancy. I. School Discipline. a. General. b. Corporal punishment. c. Suspension and expulsion. d. Fire drills.. €. School fraternities. J. Health Regulations. * * a. General. 6. Physical examination and medical inspection. K. Text-Books and Supplies. a. .General. b. Free text-books. c. Uniformity of text-books. - L. Subject-Matter op Instruction. а. General. б. History, civics, and patriotism. c. Physical education. d. Physiology; hygiene; alcohol; narcotics. e. Moral and ethical education. /. Humane treatment of animals. g . Music. h. Drawing. t. Technical, manual, and industrial education. ' ‘ j. Days of special observances. k. Other special subjects. M. Special Types op School. a. General. * 6. Kindergartens, c. Evening schools, rf. Vacation schools and playgrounds. e. University extension; public lectures. /. Farmers' institutes, etc. 9 . Private and endowed schools. N. Secondary Education: High Schools and Academies. O. Technical and Industrial: Elementary and Secondary. P. Higher Educational Institutions. a. General. „ ^ b. Finance; lands; support. c. State universities and colleges. d. Carnegie fund. Q. Professional and Higher Technical Education. a. Teachers* colleges and normal schools. ' , . 6. Agricultural colleges. e. United States grant. < d. Mining schools. e. Military schools. /* Miscellaneous technical. A mu GENERAL EXPLANATIONS. M r R. Private and Endowed Higher Institutions: State Control. 8. Libraries. а. General. » б. Public-school libraries. T. Education of S?ecial Classes. а. General. б. Deaf and dumb. c. Blind. I / d* Crippled and deformed. e. Feeble-minded. * U. Education of Dependents and Delinquents. а. General. б. Truant and detention schools. Method of citation. — At the end of each legislative entry will be found the proper citation to the section, chapter, number of act, or page (in the case of those States whose session laws are not numbered consecutively); year, day, and month of approval or passage. In^a number of instances where the enactments became operative at some special time aftei* passage or approval, the date pf operation follows, in parentheses, 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.® An especial effort has been made to avoid arbitrary and technical abbreviations in making citations. Consequently, but few have been used and 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 significant 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 larg;e type) will be found immediately preceding the clas- sified list of enactments of each section. General summaries. — The Bcope of the present publication has been enlarged somewhat over that of its predecessors by the incorporation of a new section containing a general survey by States of the legis- lative activity of 1909 as regards public education. The summaries > making up this survey immediately precede the principal contents of the bulletin. o See p. 2 for note concerning use of copyrighted material. &»:■ I® ■■ Stats school systems.* legislation, bio., ieos-9. BIBLIOGRAPHY OP RECENT EDUCATIONAL LEGISLATION. I SCHOOL LAW. Bard, Harry Erwin. The city school district; statutory provisions for organization and fiscal affaire. New York, Teachere college, Columbia university, 1909. 118 p. 8°. (Teachers college, Columbia university. Contributions to edu- cation, no. 28) U. 8. Bureau of education. Educational legislation, Sixtieth Congress, second session. In Report of the- Commissioner for the year 1909. Washington, Gov- ernment printing office, 1909. v. 1. p. 245-60. Arkansas. [Compulsory attendance act] Arkansas school journal, 15: 15-16, June 1909. California. Health and development supervision. Psychological clinic, 3: 117-18, June 15, 1909. Stearns, John W. Interesting features of California school laws. Wisconsin journal of education, 40 : 73-74, February 1908. Wood, Job, jr. Educational bills that have been approved by the Governor. Western journal of education, 14 : 299-303, June 1909. Conneetieut. New Connecticut laws. American school board journal, 39: 23, October 1909. Illinois. Meddlesome legislation in Illinois. Dial, 47: 319-20, November 1, 1909. Reprinted In Educational review, 38: 536-37, December 1900. State board of education bill. School and home education, 28: 198-99, Janu- ary 1909. Indiana. Some new school laws. Educator-johmal, 9: 354-55, April 1909. Iowa. [The proposed Iowa school code rejected by legislature] Western teacher, 17: 289, April 1909. ^ John Franklin. The next step in ^raool legislation; annual address delivered .... before the Iowa state teachers’ association, Thursday, Decem- ber 31, 1908. Des Moines, E. H. English, state printer, 1908. 12 p. 12°. Kansas. School legislation. IntereUte schoolman, 7: 11, April 1909. Xentuoky. Kentucky code. American school board journal, 39: 13, September 1909. The new school law. Southern school journal, 19: 3-7, May 1908. Louisiana. Educational legislation in Louisiana. Southern educational review, 5: 107-109, April-May 1908. Laws governing the selection of parish superintendents. Journal of education, 68: 153, July 23, 1908. Maine. School legislation in Maine, 1909. Journal of education, 69: 619, May 13, 1909. t r'" ^Atlantic educational journal, 3 : 26-27, Maryland. The general education act. May 1908. s . State school laws [1909] Atlantic educational journal j 4: 347, May 1909. M ass a chusetts. B., R. L. The Massachusetts legislature. Review-of the ^ork of the session of 1909. Journal of education, 70: 39-40, July 8, 1909. Minnesota. New legislation in Minnesota. American school board journal, 38: ^ 3, 3^, May 1909. Missouri^^chool legislation. Missouri school journal, 26: 258-60, June 1909. Montane?.' Montana school legislation. American school board journal. 38* 2 May 1909. Nebraska. Some new school laws of Nebraska enacted by the legislature of 1909. Nebraska teacher, 11: 510-11, May 1909. New York. The vocational training law. School.bulletin, 84: 177,June 1906. vjx £ w BIBLIOGRAPHY. v— Ohio. Ohio school building code. American school board journal, 88: 1£-13; 39: 10-12, June, July 1909. Recent school legislation. Ohio teacher, 29: 441-42, May 1909. Snyder, J. H. Legislation affecting the schools, enacted in 1908. Ohio educa- tional monthly, 57: 285-87, June 1908. Oregon. New school laws. Oregon teachers' monthly, 13 : 634, 636, June 1909. Pennsylvania. Committee on revision of school laws in Pennsylvania. Report. Pennsylvania school journal, 56: 476-80, May 1908. Fortney, D. F. The new school code. Pennsylvania school journal, 67: 448-49, April 1909. From Centre Democrat. The Pennsylvania [educational] code. Journal of education, 69: 439, April 22, 1909. School code bill vetoed. Pennsylvania school journal, 57 : 545-46, June 1909. The school code on closer supervision. Pennsylvania school journal, 57: 417-19, April 1909. 6outh Dakota. Some recent school legislation. South Dakota education, 22: 18-19, April 1909^ Texatf. [School laws of the Texas thirty-first legislature] Texas school journal, 26 : 78, June 1909. Utah. State educational legislation. Utah educational review, 2: 7, 8, April, May 1909. Vermont. Bill to* prohibit public school fraternities. American educational review, 30: 166, January 1909. Virginia. Eggleston, Joseph D., jr. Needed legislation. Virginia journal of edu^ cation, 1: 1-6, February 1908. Stearns, R. C. Recent school legislation. Virginia journal of education, 1: 1-6, May 1908. Washington. The new school law. Northwest journal of education, 20 : 26, Febr ruary 1909. West Virginia. Friend, L. L. The new school lawB. West Virginia school jour- nal, 37: 9-10, April 1909. Important new school laws. West Virginia school journal, 36: 9, March 1908. Wisconsin. Educational measures before the legislature. Wisconsin journal of education, 41: 114-15, 144-45, March, April 1909. Progressive educational legislation. Wisconsin journal of education, 40 : 29-30, January 1908. Some of the new school laws. Wisconsin journal of education, 41 : 255-57, Sep* tember 1909. Wyoming.. New school laws. Wyoming school journal, 5: 165-73, February 1909. SCHOOL ADMINISTRATION. Associated Harvard clubs. Committee on public school administration. Report. . ^ Reform in city school administration. Prepared for consideration and dis- cussion at the annual meeting, Cincinnati, May 28-29, 1909.* 33 p. 8°. ■ Also In American education, 13: 00-63, 111-15, Ootobsr, November 1000. Baxter, Charles J. School administration. In New Jersey state teachers' aseocla- 1 * tion. .Proceedings, 1908. p.42-48. The county as a unit of school organization. Atlantic educational journal, 4: 100-101* i .. November 1908. The county school board. Texas school magazine, 11: 16-17, February 1908. A6AR2 — 10 2 m 9 Dutton, Sam uel Train, and Snedden, David . The administration of public education* 4 in the United States. New York, The Macmillan company, 1908. 601 p. 8°. Hall, Frank H. The township as the unit of school organization. In Illinois state teachers’ association. Journal of proceedings, 1908. Springfield, 111., Illi- nois state journal co., state printers, 1909. p. 44-49. Hollister, Horace A. Legal status of the high school. In hi$ High school admin- istration. Boston, D. C. Heath A co., 1909. p. 28-48. Horn, P. W. City schools and the commission form of" government. American school board journal, 38 : 6, 29^ February 1909. Illinois. Educational commission. Final report to ithe forty-sixth General assem- bly of the state of Illinois. Submitted in accordance with an act approved May 25, 1907. Springfield, 111., Illinois state journal co., state printers, 1909. 272 p. 8°, Contains: 1. Recommendations of the Commission, p. &-H. 2. The superintendent of public Instruction, p. 15-30. 3. The state board of education, p. 31-54. 4. The county superintendent, p. 55-86. 5. County boards of education, p. 87-97 . 6. Units of school organisation, p 98-116. 7. Township organisation, p. 117-46. 8. The certification of teachers, p. 147-85. 9. County teachers* Institutes; p. 186-213. 10. The purpose and value of the county teachers* Institute, p. 214-34. 11. Salaries of teachers, p. 236-46. 12. Minimum salary legislation, p. 247-59. Bibliographical references follow numbers 2, 4, 5, 8, 10, 12. Kling, H. F. Altruism and egoism in public school administration. Journal of education, 68 : 449-61, October 1908. Long, John A. State board of education. School century, 4: 164-65, December 1908. States having state board of education, and duties. Participation of teachers in educational policies. American school board journal, 39: 4, 30, December 1909. Thompson, William Oxley. A review of certain features of the year in school admin- istration. Ohio educational monthly, 57: 392-98, September 1908. Rdsumd of legislation; revision of courses of study; new academle degrees. Young, Charles H. The district, the township and the* county as a unit for school organization. American school board journal, 36 : 3, 23, June 1908. Aley, Robert J. Leaks in school revenue. In Indiana state teachere’ association. Proceedings, 1908. p. 36-39. Foote, Allen Ripley. Suggested sources of revenue for public schools. Ohio teacher, 28: 338-41, March 1908. Also, abridged, in Journal of education, 70: 262-63 271, September 16, 1909. " Make It ths unalterable public policy . . . of every school district . . . that the full ' * proceeds of the sale of all articles of public property, the unexpended balances of all specific , ' ' * *PP«>prtoUoni, tbe net earnings of all publksowned utilities, shall be appropriated without “ diminution for public education.** Manchester, O. L. The work of the Educational commission. The proposed changes in their relation to school revenues. In Illinois state teachers’ association. Journal of proceed ings,.1908. Springfield, III.,' Illinois state journal co state printers, 1909. p.51-57. Discussion, p. 67-59. Oregon state teachers’ association. Committee on rural school finances. Report. In Oregon. Superintendent of public instruction. Biennial report [1907-08] Salem, Oregon, W. S. Duniway, state printer, 1908. p. x-xiv. Adopted by the Association, July 1908. i of teachers, Pennsylvania school journal, 56 ; 375 - 81 , • SCHOOL FUNDS. OSRT1YIOATION OF TBAOHBB0, BIBLIOGRAPHY. I . j 19 Brewer, C. J. Recent legislation affecting our publfc school*. [New Richmond, Wfo., The Van Meter-Welch printing co., 1909] 13 p. 8°. Paper read at oo'oveotloo of the Northwestern teachers' association, October 15, 1900. * Dowey, Henry B. Circular regarding certification of teachere. Northwest journal of education, 20: 14-17, June 1909. Thompson, William Oxley, and Cook, John W. Moral character in the recommen- dation and certification of teachers. In North central association of colleges and secondary schools. Proceedings, 1908. p. 123-3IK Virginia state teachere' association. Information conceding certification of teachers. Issued by state board of examiners, May 1, 1908. In its Sixth annual bulletin [1908] p. 21-25. teachers' salaries. [Adams, Romanzo Colfax. The preparation, certification, employment, find com- pensation of teachere in Nevada. Reno] The University of Nevada [1909] 46 p. 8°. (University of Nevada bulletin, v. 3, no. 1, January 1, 1909)* The equalization of teachers' salaries. Educational review, 39: 289-95, March 1910. Report of Commission appointed by tbe Mayor of New York City November 29, 1909. Hebard, Grace Raymond. Minimum salaries and state aid. Wyoming school journal, 6: 102-109, January 1910. Minnesota educational association* Committee on teachere' salaries. Supplemental report. In its Journal of proceedings and addressee, 1908. [St. Paul, Minn., Syndicate printing company, 1908] p.45-48. Richardson, F. M. Minimum wage scale for 'teachers. In Illinois state teachers' association. Journal of proceedings, 1908. Springfield, 111., Illinois state journal co., state printers, 1909. p.134-38. [Salaries in Massachusetts cities] In Newton, Mass. School committee. Annual report, 1908. Newton, Newton Graphic press, 1909. p. 68-77. Statistics. Tate, W. K. Report of Committee on status of the teaching profession in South Carolina. In South Carolina state teachers’ association. Proceedings, 1908. Abbeville, S. C., Press and Banner print, 1909. p. 11-19. College salaries, p. 12-15. High school teachers’ salaries, p. 16. Elementary school teachers' salaries, p. 16-17. County superintendents' salaries, p. ]g. A TEACHERS’' PENSIONS. Apgier, Ethel M. New plan of teachers* annuities. Education, 30 : 229-33, Decern- 4 ber 1909. Savings bank insurance In Massachusetts. [Carnegie foundation for the advancement of teaching] Actuarial side of the retiring allowance system. Science, n. s. 31: 281-92, February 25, 1910. Flint, Lillian C. Pensions for women teachers. Century, 79: 618r-20, February 1910. Statistical. Iowa state teachers' association. Committee of the educational council. Report. ’ Pensions and tenure of office of teachers. Midland schools, 24: 100-102, December 1909. industrial education. BurketJt, C. William . Nation to aid public schools. Northwest journal of education, 20: 15-17, February 1909. t On tbs Davis bUL 20 J3TATB SCHOOL SYSTEMS : LEGISLATION, 190S-9, Elliott, Edward C. Industrial education; summary of legislation concerning indue- al education/ 1 In public- elementary and secondary schools. New York [PMBonsprinteryjmO. 16 p. «•. (Publicatipna of the American association for labor legislation) Present industrial ed ucational enac tmeifts. 4 In A merican federation of labor. Indus- trial education. Washington, D. C., 1910. p. 49-55, reckinridge,. Sophonisba P. Child labor legislation. Elementary school teacher 9: 511-16, June 1909. Child labor law of District ofColumbia. Journal of education, 67: 310, March 19*. 1908. M lway, A. J. The child and tho law. In Annual conference on child labor. Proceedings, 1909. New York, 1909. p. 63-72. Reprinted, 1900. 12 p. ~ — A yew of Child labor laws. Journal of education, C8: 713-18, December 31, 1908. Nine states pt w ed remej ^ l mesmrea U. S. Bureau of educa^on. Compulsory education and child labor laws. 7n Report of the Commissioner Jor the year 1909. Washington, Government printimr office, 1909. v. 1, p. 228-33. Wisconsin teachers’, association. Report of the Committee on the constitutional amendment changing the minimum school age from four to six years. In in Proceedings, 1908. Madison, Wia., Democrat printing company, 1909. p. COMPULSORY ATTENDANCE AND CHILD LABOR. Beveridge, Albert J. Child labor laws. Journal of education, 68: 330-32 October 1, 1908. ‘i ✓ / • GENERAL SUMMARIES OF THE MORE IMPORTANT EDUt- CATIONAL LEGISLATION ENACTED AND PROPOSED, 1909. ' Within tills section is presented a brief survey, by States, of the more important legislation pertaining to public education enacted during 1909. Supplementary and complementary thereto, the more important measures failing of enactment or approval are indicated. Excepting in a few instances, these summaries have been prepared from the special reports made by the state superintendents of public instruction and the presidents of state institutions of higher and professional education. In the case of those States from which no special reports were submitted the summaries were prepared on the combined basis of a general comparative .study of the trend of legis- lation during recent years and of a personal estimate of the sig- nificance of the several items of which mention is made. ALABAMA— Enacted. Amendment concerning state board of examiners, and the examination and certifl* ‘Cation of teachers (act 73); providing for education on the evils of intemperance (act 40); regulating employment gi children (act 107); authorizing appropriation of county funds for county high schools (act 217). ARIZONA— Enacted. Providing for uniform courses of study in the territorial normal schools (chap. 58); regarding the relation between normal school training schools and the public schools of the district in which normal schools are located, and providing for the distribution of public ftin&s in such Npises (chap. 87); abolishing saloons, gambling houses, etc., within a radiu»of$D0 yards of a normal school campus (chap. 74). ARIZONA— VaUed. Establishing four scholarships at the university for each county in the Territory (vetoed by the governor)* • - ARANSAS— Enacted. Appropriating $160,000 to establish* four agricultural schools (act 100); regulating and enforcing attendance at school (act 234 and act 347); authorizing school districts to exercise the right of eminent domain in acquiring school property (act 331); creating special school districts with same powers as granted to incorporated cities and towns (act 321); appropriating 806,000 for maintenance of school and erection of girls' dormi- tory at state normal, Conway (act 351). 21 r- • ^ r BTAtt SCHOOL SYSTEMS; LEGISLATION, ETC., 1906-4. ARKANSAS— ,F#1)#*. Providing state uniformity of text-books; making county superintendency manda- tory instead of optional; establishing state board of education; providing state educa- tional commission, to investigate and report in two years; equalizing school taxes received from railroads. CALIFORNIA— Easel#*. Providing for health and devdppment supervisors in public schools (chap. 598); sectionixing and amending the^^s relative to Ifgh schools (chap. 311); authorizing superintendent of public instruction to hold annual convention of county aud city superintendents (chap. 166); creating a state normal school of manual arts and home economics (chap. *71); establishing state trades and training school (chap. 572); pro- hibiting school fraternities (chap. 218); designating the birthday of Luther Burbank fcr observance as bird and arbor day (chap. 82); providing for county library systems (chap. 479); establishing and maintaining cosmopolitan schools (chap. 268); relating to the support and maintenance of the university (chap. 329). COLORADO Easel#*. Establishing a state board of examiners afid providing for the certification of teachers (chap. 165); establishing a public-school teachers’ retirement fund (chap. 214); pro- ’ viding for the physical examination of children in the public schools (chap. 203); regarding the consolidation of rural schools and providing for transportation of chil- dren— for high-echoul purposes (chap, 204); enabling school districts to contract a bonded indebtedness for school purposes; 5 per cent of assessed valuation in districts of first and second classes and 3 per cent in districts of third class (chap. 205). COLORADO— Fail#*. Providing minimum salary for teachers; requiring school directors to provide libraries. CONNECTICUT— Enact#*. Establishing two free public trade schools (chap. 85); providing for tho town man- agement of schools (chap. 146); modifying schome for the supervision of schools (chap. 225); creating normal-school scholarships^ chap. 198); regulating the construc- tion and fireproofing of schoolhousee (chajL 81). " • ' \ CONNECTICUT— Fail #*. 4 Providing for the general certification of teachers. DELAWARE— Enact#*. ‘ Creating state school code commission T(chap. 75); creating commission on Delaware . College (chap. 109); establishing commission for .the blind (chap. 73); amendments concerning employment of children (chap. 121) and school attendance (chap. 88). FLORIDA- Providing for the maintenance of teachers’ summer training echools (chap. 5881); changing the names pf the several state educational institutions (chaps. 5924, 5925,' 6926, and 6927); making appropriation for the support and maintenance of the state institutions for higher education created and required to be maintained by chapter 5384, Laws, 1905 (chap; 5961); providing for the teaching of agriculture and civil ^vernmoht.in common echools (chap. 5938); Florida— F an#*. * Providing for a separate normal school, to be coeducational; regarding coeduca- tional training in the university and the College for Women / T summaries or educational leoiblation. S8 OBORGIA— Enacted. * Providing for the election of county school commissioners by the electors of each county (p. 154). HAWAII— Enacted. * Relative to the constitution of .the department of public instruction (act 42); rela- tive to the maintenance and repair of schoolhouses (acts 100 and 101); relative to the>>* taking of private property for the use of schools and school recreation grounds (act 10); relative to the manner of vaccinating children (act 63). HAWAII— Failed. Providing for medical inspection in schools; savings banks for schools. IDAHO- Enacted. Making normal training compulsory for primary teachers ^4); providing for. the establishment of rural high schools (p. 73); relating to issuanc?of special certificates (p. 192); creating a school law commission for the purpose of revising school laws, report 1911 (p. 219); approving action of university regents in establishing an agri- cultural college in connection with the university, under the terms of the charter (p. 38); providing for a board of examine!* (p. 273); ^ithorixmg boards of trustees to pay expenses of one of their members incurred in attendance upon meetings of school officers called by county superintendent (p. 19). ILLINOIS Koscted. General revision and rearrangement of the laws relating to the management and * control of the public schools (p. 342-415): relating to the adoption, use, and price of toft-books in the pubbe schools (p. 416); providing for moral and humane education* in the public schools (p. 415); joint resolution relating to salaries at the university (p. 496). ILLINOIS— Fail'd. Creating a state board of education; relative to the certification of teachers; pro- viding for county institutes. INDIANA- Enacted. Concerning the medical inspection of schools in cities (chap. 114); relative to the transfer of pupils (chap. 72); regarding tuition in case of transfer of pupils (chap. 127); relating to compulsory education of blind and deaf (chap. 14G); authorizing the estab- lishment of public playgrounds in cities (chap. 84); authorizing establishment of medical school by university (chap. 40). INDIANA— Failed. Establishing a new normal school; increasing the income of the state educational institutions; amending compulsory education law; providing for medical inspection of school children, the erection of healthful school buildings, and requiring instruc- tion in hygiene; concerning county superintendents, their qualifications, compen- sation, and assistants; regarding fire drills in schools; concerning the employment and education of children; authorizing the state board of education to constitute a board of accountancy; providing for the establishment of county agricultural, manual training, And domestic science schools; providing aid for the higher education of thq blind! ** % ^ IOWA— Enacted. Creating a state board of education for the government of the state university, col- lege of agriculture, and the state normal school (chap. 170); prohibiting secret societies and fraternities in public schbols (chap. 185); amendment, compulsory education (chap. 187). WWrtHMWL , ^ iii ^iV'riBca^^ir > wth; 1908 - 0 . '■■ ^ f ■■ • / IOWA-tan*i. Hi* report of the commission for the codification and revision of the school laws. KANSAS— Baacted. • ftwiding for nonnal training in certain high schools and academies and providing annual state aid— 860,000— to fchooU giving such training (chap. 212); relating to the i of schoolhouses and school children from danger of fire (chap. 209)' relat- “ 8uanc ® °* permits to business colleges to canvass for students (chap. 204V validating the soiled Barnes high-school law in the counties in which it was carried by a majority vote (chap. 210); revising school land law (chap. 218). * KANSAS— taUejL. ' ^ Fixing a minimum school term of seven months; revision of law relating to consoli- e : ' echooU; providing that applicants for firet grade teachers’ certificates must have at least two years of high -school education. MAm— Basetsdi Increasing state common school appropriation horn 1} to 3 mills (chap. 177); . fybig public high school* providing state inspection and giving increased state aid ap. 71); authorizing appointment of school physicians (chap. 73); creating school fund (chap. 198); increasing minimum school year from twenty to twentyeu weeks (chap. 29); requiring state approval of schoolhouse plans (chap 88 V providing foe new normal school (chap. 44); increasing annual appropriation for sup-’ port of nonnal schools from 840,000 to 166,000 (chap. 106); providing for a commission to investigate .industrial education (p. 1287). MADIB-talM. * Providing for compulsory state certification of MASSACHUSETTS— Bonded. Reorganizing the state board of education; abolishing commission on industrial education and investing its powers in state board of education (chap. 467). MASSACHUSETTS— tailed. Incorporating tiie trustees of Massachusetts College; providing state aid for cities m a in ta ining satisfactory courses in practical arts. MICHIGAN— Knacted. Chanring the administrative unit from the district to the township (permissive) ; • 117) , : wqutang county school districts to pay high-school tuition of pupils who It: *“!* completed the eighth grade (chap. 66); encouraging the teaching of agriculture ^ and manual training in rural schools; through state aid (chap. 219); authorizing the t state boai of agriculture to grant certificates to teach agriculture (chap, 166 ); increas- inf thf) mmnAnMfinn fit ansi amrewll.. ui J a. .. . . . _ k . v .. . , ~ ° — » ngiivuiauiu jooyj mcreaa- : “g^rompensation of and amending certain sections regarding the duties of the oflr^^ eD n°^ PUbllC inBtmciion (chap * ftU ^*izing annuahmeetings of school MICHIGAJV— Failed. & iupenntendent ox pi tiP: officers (chap* 112). ■M ;• . ^ * *** M whe3fe cou »» agriculture, manual training, and domestic ^/'•rience are introduced into high Schools. *’ V- ■■ * iw> * MnriVSSOTA-Siwcted. ?' ***<*«<* 87*ded,qnd consolidated. 4 ,£■“* _ wi^ state aid of 82,500 per year for each siich school (chap. 247); authorizing 5 ^Smi^^ t ^dh^ 0n,aiVW;7 4 )i ■ OHIO-VsiML • Authorising the establishment of two state normal schools; creating a commission on industrial education; granting normal college graduate* of a two-year course above a four-year high school, provisional certificates valid tor three years;- graduates of a ^ouNymr course, provisional certificates for five years. r : ^ ^ ,—■■■■! mrnmmmmm . ... „ ; **.-■ *r*,. r „ , SUMMARIES OF EDUCATIONAL LEGISLATION* 27 OKLAHOMA— Enacted. Establishing three additional normal schools and one preparatory school (pp. 569, 560, 561, 562); creating a state hoard of public affairs (p. 563); providing for the sale of public landB (p. 448). OKLAHOMA— Vailed. Creating a state board of education (withdrawn). OREGON- Enacted. Providing for the raising and distribution of a county school fund (chap. 128); creat* ing a county high-school fund and prescribing standards for high schools (chap. 115); prohibiting secret fraternities in public schools (chap. 215); abolishing Central Oregon ' State Normal School (chap. 85); providing for a board of higher curricula (chap. 4). OREGON— Failed. Appropriations for the three state normal schools. PENNSYLVANIA— Failed. Complete school code prepared by educational commJliion. PORTO RICO— Enacted. - Providing for the posting in all the schools of the island of placards tending to prevent the spread of consumption and uncinariasis (tropical anemia) (p. 78); authorizing normal instruction in high schools (p. 148). RHODE ISLAND-Enacted. Providing a minimum salary of $400 per year for public-school teachers (chap. 458); increasing state aid to high schools and providing conditions to secure a more uniformly high standard in the public schools (chap. 446); extending benefits of state pension Bystem to those who had retired before the la^ was passed (chap. 401); changing name of college of agriculture and mechanic arts to Rhode Island State College, and enlarging the board of managers to include the Btate commissioner of public schools and a mem- ber of the state board of agriculture (chap. 383). ^ , r. RHODE ISLAND— Failed. Providing state aid to schools introducing industrial courses; appointing deputy state commissioner to direct industrial education; empowering school boards to give tenure of position to superintendents. * SOUTH CAROLINA— Enacted. Increasing the average length of the school term and improving the efficiency of the . public schools (act 105); amending the high-school law, elections, state board of edu- cation to possess authority of the state high-school board, state aid (act 55); requiring all school warrants to be approved by the county superintendent of education (act 79). SOUTH CAROLINA— Fitted. 0 Providing for beneficiary scholarships in the university. • SOUTH DAKOTA— Enacted. Requiring the teaching of vocal music in all the public schools and normals (chap. 19); authorizing the patrons of a township school to compel the appointment of a certain teacher by petition (chap. 36); permitting use of schoolhouses for certain public gatherings (chag. 114 ). ■m&m mnodn systems : legislation, bto., im-4. t 2S Establishing a general education fund by appropriating thereto annually 25 per cent of the gran revenue of the 8tate; providing for the apportionment of this fund and specifying what part shall be apportioned to the several counties of the State on the basis of scholastic population; what part, shall be used to , equalize more nearly the school facilities of the several counties, and the conditions on which this part shall be apportioned; what sum shall be used to assist in the establishment and mainte- nance of public county high schools, and on what conditions; and providing for the grading and inspection of high schools; what part shall be used for the establishment and maintenance of school libraries and on what conditions; what part shall be used for the establishment and maintenance of three normal schools for white teachers, one in each grand division of the State and one Agricultural and Industrial Normal School for negroes, and providing ^for the location, establishment, and control of said schools; and what part shall be apportioned to (he university and its^varioiis stations (chap. 264); amending the charter of- the university and providing for a reorganization of the board of trustees (chap. 48). TEXAS— Enacted. Putting into effect constitutional amendments adopted November, 1908, relative to school districts and school revenues, abolishing community system (chap. 12); pro- viding for the teaching of agriculture, manual training, and domestic science, and state aid (chap. 113); establishing additional state normal school (chap. 119); estab- lishing a state library commission (chap". 70). TEXASr-Peited. Providing for a tax for higher educational institutions/ ' UTAH— Enacted. Providing state aid for public schools (chap. 8); authorizing school district boards to use a certain per cent of the school funds for the establishment of school libraries (chap. 44); relating to issuance of county certificates (chap. 34); amendment relative to. school sites and buildings (chap. 3J); authorizing establishment of high schools (chap. 71); creating state text-book commission (chap. 54); relating to the continua- tion of the state normhl school as a department of the university, and setting forth its field of work (chap. 45); proposing amendment to constitution relative to the state school fund (res. 14). » UTAH— Pitted. * Authorizing state aid for high schools; increasing the educational qualifications of county superintendents of schools. . VERMONT— Enacted. Providing for a state board of education (act 34); creating commission to investigate and consider ways of improving the public schools (act 35); relating to employment, salary, and. duties of superintendent of schools in towns or union of towns (act 36); providing state aid for manual trafning departments in grammar or ,high schools (act 40); amendment, compulsory education (act 43). • VERMONT— Pelted. * Providing for a normal industrial school. " i ^ WASHINGTON— Enacted. Reconstruction of school code (chap. 97). WASHINGTON— Pelted. ir Providing for higher, standard for certification of teachers. • 'W:-?- ?; ■,:*! WJ«“, * 1 ( 1 .. SUMMARIES OF EDUCATIONAL L40I8LATI0Ni 29 west vntonriA-EiiMted. Abolishing county text-book system and creating a state text-book commission > (chap. 23) ; adding agriculture to the list of subjects in which teachers are to be exam- ined (chap. 25); providing for the gnfhting of certificates without e x a min ation to certain graduates of the state university and the state normal schools, and to graduates of certain other schools (chap. 26); providing for a board of control for administration of financial affairs, and for a board of regents, consisting of 5 members, for direction of educational matten of all state educational institutions (chap. 58). 1 WISCONSIN— Enacted. * . Relating to the certification of teachers and requiring professional training (chap. 378); providing for the inspection of public* school buildings (chap. 550); providing jifor union free high schools (chap. 493); providing for an annual state convention of city superintendents (chap. 253); authorizing election of city superintendents for a _ period of three years (chap. 86); providing for state aid and inspection of day schools for the blind (chap. 199); investigation of supervision and inspection of schools (p. 844)7 commission to investigate night schools (p. 842). WISCONSIN— FmUed. Providing for the admission to tha university of graduates of free high schools; providing for county boards of education and the appointment of county superin- . tendent; providing for state inspection of elementary schools in cities and villages; providing for teachere* pensions (vetoed). WYOMING — Enacted. Relating to the state board of examiners, their powers, duties, and compensation: examination of teachers and issuance of certificates (chap. 23); revising compulsory education law (chap. 31); doubling the appropriation granted county superintendents for conducting institutes (chap. 40). LEGISLATION AND JUDICIAL DECISIONS RELATING TO PUBLIC EDUCATION. [Citations to and digests of Judicial decisions have been distinguished from legislative enactments by a capital " D M before the reference number. Enaotments which have been reported by the chief officers of the several state educational systems as of the first importanoe in the development of those systems are indicated by an asterisk (*).] A. GENERA ADMINISTRATIVE CONTROL AND SUPERVISION OF ELE- MENTARY AND SECONDARY EDUCATION. (a) General.® The most significant legislative event relating to the general admin- istration, control, and supervision of public education during the biennium 1906-1908 was the creation of special educational commis- sions in a number of States; 6 among others, Connecticut, Illinois, Iowa, Kentucky, Pennsylvania, Tennessee, Virginia, and Washington. • The results of the investigations and recommendations of certain of these commissions promised to be most important factors in the leg- islative activity of 1909. Apparently, in the States concerned, the haphazard method of legislation for education was to give way to a plan whereby new legislation would be formulated on the basis of careful and competent study of conditions. Nevertheless, the experience of the year has demonstrated without question the inexpe- diency of endeavoring to bring about immediate radical reconstruction or wholesale amendments to existing laws governing educatio^ Excepting the State of Washington (37), where a general reconstruc- tion of the school code, based upon the report of the school code com- mission, was secured, the reports and proposed plans for educational reorganization presented by the more important educational com- missions, notably those of Illinois, Iowa, and Pennsylvania, failed of any immediate and large constructive results. However, the arousing of public sentiment and the stimulation of public interest, *In the cue of several States, the oode of general laws has been revised add adopted during the year. These new codes, which frequently oontain numerous minor changes In the laws concerning publio educe* don, have not been Included In this analysis of legislation. New Turk, however, Is an exception to the general praotloe (see enactment No. 28). > See Bulletin, 1W8, No. 7, State School Systems, II, p. 21, 3 ERIC 81 *k"- ’ " “ 8TATB SCHOOL 8Y8TEMB: LMIBLATION, ?TO., 1906-fl. • n now the by-products of these educational co mmiss ions, may accomplishments of luge value. The systematic and comprehen- sive studies and reports m^de by the Illinois educational commission point the way for the whole country to a sounder legislative policy toward the public school. All in all, it may be said that the evolu- tionary character of great social institutions like education is amply demonstrated by the failure of the educational commissions to bring - about sudden changes.' The creation of the special educational commissions in Delaware (5), Idaho (7), and North Dakota (32) during 1909 will afford an opportunity to these States to profit by the experience of others. Illinois (10), Missouri (21), and New York (28) effected a general revision and consolidation of the educational code.. The general educational bill in Tennessee (308) must be regarded as something more than a financial measure. The following enactments are selected for special mention: Kan- sas (12), extending certain authority of the state superintendent of public instruction over business colleges; New York (29), defining the terms used in the consolidated school law; Wisconsin (40), pro- viding for an annual convention of city superintendents of schools under the direction of the state superintendent; Wisconsin (41), defining the term “school;” and Wisconsin (44), creating a commission relative to supplementary education. 1 Alabama! Repealing sec. 17.20, Code, 1907, relative to meetings of the state board of examiners. Sec. 1, act 73, p. 104, Aug. 21, 1909 (ap. sees.). (Dec. 1, 1909.) \ 2 Alabama:. Amending sees. 1726 and 1727, Code, 1907, relative to compensation of members of the state f>oard of examiners and other examiners. Secs. 5 and 6, act. 73, p. 105, Aug. 21, 1909 (sp. seas.). (Dec. 1, 1909.) D. 3 Arkansas (1909): A complaint in an action by a parent for the unlawful suspen- sion of his child from the public school, which alleges that he will become liable for a specified sum for a term of school in another district for his child, which term commenced nine days before the institution of the action, and did not end for several months, states no cause of action, for it fails to allege that he has ex- pended any sum.— Douglas t>. Campbell, 116 S. W., 211. 4 * California: Amending sec. 1533, Political Code, *1906, relative to conventions of county and city superintendent^ of schools, called by the state superintendent ' of public instruction. Authorizing annual (formerly biennial) conventions. I Chap. 166, Mar. 10, 1909. 6 * Delaware: Providing for the creation of a state school commission. Providing for a commission of thrpe to consider and report upon the school laws. Appropriating $500. , Chap. 75, Apr. 7, 1909. D. 6 1 Georgia (1906): The act approved August 21, 1906 (Acts, 1906, p. 61), in amend- , °f the act approved August 23, 1905 (Acts, 1905, p. 425), is not violative of Const, art. 7. sec. 1, par. 1, and article 7, sec. 6, par. 2, and article 8, sec. 1, par. 1 (Civ. Code, 1895, secs. 5882, 5892 , 5906), because it feils to specify that the uii. ADMINISTRATIVE CONTROL AND SUPERVISION. 88 IomI tax assessed for rational purposes shall be used for the instruction of children m toe elementary branches of an English education, and because it foUs to provide that the schools shall be free to all children alike, and because it fails to specify that the ethools for the white and colored races toall be sepa- rate, as with reference Jto those matters, and details in toe conduct of the schools and application of toe money raised by taxation, the act will be construed in a 1* ! MoCwi Co,emil *• Board of Education of Emanuel "Idaho* Creating a state school law commission; defining its powers, duties, and the qualifications of its members; providing for its organization and meetings; making provision for the expenses of such commission. ‘‘Section 1. That a State School Law Commission for the State of Idaho be and the same is hereby created, to consist of three members one of whom shall be the State Superintendent of Public Instruction, who shall be Chairman of swd Commission, the remaining two mem here to be appointed by the Governor 9* the i State. 8aid Commission shall continue in office until April 1, 191] It shall bethe duty of the Governor of the State of Idaho to appoint the said two appro^l of thi « Acf Commifl8ion within « ixt y (W) after the passage and ‘Sec. 2. It shall be the duty of said State School Law Commission to hold its firet meeting at the State Capitol on June 21, 1909. at two P. M. and to hold such other meetings at such times and places as shall by majority vote at any regular meetings, be appointed. At its first meeting as above provided' said State School Law Commireion shall organize by appointing a President, and a Secretary; these officers-of the commission to remain in office for a period desig- nated- by the commission at the time of appointment. This commission shall further adopt rules for the government of its own meetings and shall keep an t Reunite account of all proceedings of each meeting. . A majority of the mem- bers of the commission shall constitute a quorum for the transaction of all regu- ar business of said commission. It shall further be the duty of said commission to investigate educational conditions in the State of Idaho, to familiarize itself with the school laws of Idaho and of other States, and to propose such amend- ments and additions to the present lawB as shall be, in the judgment of the com- mtssion, for the, best interests of educational work throughout the State. It shall further be the duty of .said commission to issue a pointed report to the eleventh session of the legislature of Idaho, which report shall show the results of all investigations made as above provided; together with a complete state- ment of Uie proposed amendments or additions to the school laws of Idaho. * nV 3 * i h ® re J?y made the duty of school officials and school authorities in all schools of the State of Idaho to provide promptly, all such accurate in- formation as shall, from time to time, in the judgment of the commission, be deemed essential to the carrying out of the provisions of this Act. Sec. 4. The members of said State School Law Commission shall receive no compensation for their services but shall be reimbursed for all expenditures for attendance upon meetings of said Commission including railway fares, hotel or living expenses while attending such meetings, or traveling to or from such meetings. It is further provided that all expenses including clerical service, postage or Attorneys fees, connected with such investigations, m shall be authonxod by said commission and connected with issuing of reports, as above provided shall be payable from the funds set aside for the consummation of the provisions of this Act as hereinafter provided. All claims for the payment of such expenses must be presented in such form and under such authority as m provided by law. j ,T° , arry out Provisions of this Act, the sum of five hundred (»50 dollars, or so much thereof as is necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Such money, thua Stomiraion Fund »? D8t,tute a fund to be known as toe ‘Idaho Behoof Law . ' Sue. 6. • * H. B. No. 29, p. 219, Mar. 15, 1909. • For complete text of decision, ■ 36682r-10 " ■■ 3 * RecenLdedslons,” at the clow of this bulletin. 84 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-9. . D. 8 Idaho (1908): School Laws (Sow. Laws, 1899, p. 106), sec. 82, as amended by act of 1906 (Sen. Laws, 1905, p. 71), forbidding a trustee to be interested in any contract made with the board, or in any supplies furnished, and providing that no action shall be maintained on a contract in which a tratee is interested, but the same shall be void, is founded in public policy, and intended to prevent abuses by trustees. — Independent School Dist* No. o v. Collins, 98 P. t 867. D. 9 Illinois (1909): Act of May 26, 1907 (Laws, 1907, p. 523), to provide free high school privileges for graduates of the eighth grade, and requiring payment of the tuition from the funds of the district of the pupil’s residence only in case the parents are unable to pay the tuition, is unconstitutional; as violating Const, art. 8, sec. 1, requiring the establishment of a free school system for the benefit of all children in the State.* People v . Moore, 88 N . E., 979. 10 ^Illinois: Establishing and maintaining a system of free schools. S. B. No. 96, p. 343, June 12, 1909. D. 11 Kansas (1908): A board of education of a city of the firat class may under . Gen. St., 1901, sec. 6290, provide separate schools for white and colored chil- dren in grades below the high school, provided equal educational facilities are furnished: but, where the location of a school for colored children is such that access to it is beset with such dangers to life and limb that children ought not tobe required to attend it, such children are denied e>qual educational facilities, and the action of the board requiring them to attend such school, and denying them admission to any other, is an abuse of discretion.*— Williams v. Board of Education of City of Parsons, 99 P., 216. 12 KansMt Prohibiting business colleges or commercial departments from sending agents or representatives over the State to sell tuition or scholarships without ' first obtaining permission from tho state superintendent of public instruction; penalty.. “Section 1. That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to can- vass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for. any tuition before the registration of said student in the college register at the college, without the school first making application to the Btate superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said application, shall, before granting suen a permit, publish a notice of said application in the official state paper for a term of thirty days, at tji© end of which time he shall grant the school making application such permit; providing, however, that satisfac- tory proof has not come to his knowledge, after a diligent inquiry, that Bald school or busiiy?«s college or commercial department is incompetent to furnish such a course of instruction as it adverfmes, or that the moral i-nrroundings i of the institution are not gbod, or that the premises are kept in an unhealthy condi- tion, or that the agents of said institution use misrepresentations or fraudulent methods in securing contracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit. \ “Sec. 2. After having granted any business college, commercial school, or commercial department of any othec school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state • superintendent of public instruction shall revoke the permit and shall not re&eue a permit to that school until he is satisfied that they will comply with th * it^e^o^reprwentative of any *uch school dohig bualncm within the state, or without the state, when operating within thf state of Kan- res, shall; upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass Within the state. 41 Sic. 4.vAny person who shall violate this act by canvassing for students with the intention of selling tuition for cash, contract or note for any business col- lege, commercial school or any commercialtlepairtment of any other school without first haying this permit from the state superintendent of public instruction, shall be deemed guilty of a misdemeanor, apd upon conviction thereof shall be '■ • For complete text of decision, see “ Recent decisions,” at the close of this bulletin* ADMINISTRATIVE CONTROL" AND SUPERVISION* 35 punished by a fino of not loin than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such ' fine and imprisonment; “Sec. 5 Any note or contract taken by any such business college or the commercial department of any other school, or their agents or representatives, for tuition without first having complied with the provisions of this act shall be void. Skc. 6. * * * Chap. 204, Mar. 12, 1909. I). 13 Kentucky (1909): The schools of a city, including high schools, are a part of the State’s school. system, and their trustees are “officers of -the State Citv of Louisville v. Commonwealth, 121 S. W., 411. _ ' Kentucky (1909): While the constitution requires tho general awembly to maintain separate schools for white and cc torea children, it does not require a separate system of education for each.*- -Prowso v. Board of Education for Christian County, 120 S. W., 307. ' * D. 15 Kentucky (1909): Under Const., sec. 183, requiring tho general aiwembly to provide, by appropriate legislation', an efficient system of schools throughout tho state, it is for tho general assembly to determine what system will bo most efficient.— Prowsc v. Board of Education for Christian County, 120 S. \V., 307. ^D. 16 Kentucky (1909): Act of March 24. 1908 (Acts, 1908, p. 133, chap. 56; Ky. Slat., 1909, sec. 4426a). regulating public schools, did not affect the provisions ? i‘Sj* n ’ ( IJ l,nn R separate schools for white and colored children, and forbidding white children to attend colpred schools, or vice veraa.— Prowso v Board of Education for Christian County, 120 S. W., 307. * D. 17 Kentucky (1909): Act of March 24, 1908 (Acts, 1908, p. 133, chap. 56; Ky. Stat., 1909, sec. 4426a), relating to public schools, and providing that all laws, and parts of law’s, in conflict therewith were thereby repealed, did not con- stitute the whole school law, but onlv repealed so much of the old law as was in conflict with tho new. — Prowse v. ltoard of Education for Christian County. 120 S. W., 307. D. 18 Kentucky (1908): Tho prohibition against teaching white and negro pupils in the same institution, whieji is niadcbv Acts, 1904, n. 181, chap. 85, does not w-hen applk^to a corporal ton a^o which tho Stale has reserved tho power to alter, amOTl; or re|>eaf its charter, deny duo process of law, or otherwise violate the r ederan *onst i t u t ion . Judgment ( 1906), 94 S. W.623, 123 Ky. 209, affirmed — Berea College v. Commonwealth of Kentucky, 29 S. i*:t., 33; 211 U.S.,45* 53 ,L. Ed. — . * * 1>. 19 Kentucky (1908): The validity of Aft*, 1904, n. 181, chap. 85, no far as it prohibits domestic corporations from teaching white and negro pupils in the same institution, can not be deemed affected by its jHwiblo invalidity under the I* ederal ( (institution as to individuals, where the highest stato court con- siders tho act separable, and, while sustaining it as an entirety, giCes an inde- pendent reason which applies only to corporations.— Judgment (1906), 94 S. \V., Q23, 123 Ky.,^ 209, affirmed. — Berea College v . Commonwealth of Kentucky, 29 S. ( t., 33; 211 U. S., '45; 53 L. Ed. — . D- 20 Michigan (1908): A resolution of tho board of education Increasing tho sal- ary of the superintendent of public schools for tho remainder of the term for which he was elected, looked to tho future, and not to the past, so that it did rot violate Const., art. 4, sec. 21, prohibiting tho legislature from authorizing extra compensation to any public officer after the services had been rendered — Bird v. Board of Education of City of Detroit, 118 N. W.,606; 154 Mich., 584* 15 Detroit Leg. 902. 21 "Missouri: Repealing secs.. 9739-9801 and secs. 9814-9859, art; 1, chap.- 154, Revised Statutes, 1899, and all acts amendatory therao," relating to public schools; repealing arf. 2, chap. 154, Revised Statutes, 1899, and all acts amend- atory thereto relating to city, town, and village schools; enacting in lieu thereof / 136 new sections. / R' 770, June 1, 1909. ' complete text of decision, see •• Recent decisions.’’ at the c\odt of this bulletin. ■ WT' 86 STATE SCHOOL ST8TBH8: LEGISLATION,. ETC., 1908-0. D' 22 ‘MImouH (1909): It i* not ft prohibited delegation of lefliMftlivo power that tho genera) anembly given by genera) laws to board* of school director* and county superintendent* the right of local self-government in school matter*.— State ex ref School Dial. No. X v. Andrae, 116 S, W., 561. D. 23 Nebraska (1909): The free high-school artof 1907 (See*. Laws, 1907, p. 402. chap. 121 ) isan independent act, andite validity must be tested by the rule that change* or modifications of existing statutes a* tno incidental result of adopting .a new law'covering the whole subject to which it relates are not forbiddon bv Const., art 3 x soc. 11, relating to the amendment of statutes. 0 — Wilkinson t\ Lord, 122 N. W., 699. 24 Nevada t Amending sec. 97, chap. 182, Iawr, 1909, providing for tho reorganization of the system of school supervision and maintenance. Relating to compensation of deputy superintendent of public instruction. Fixing compensation for the five supervisory districts. Chap. 179, Mar. 24, 1909. (July 1, 1909. i D. 25 New Jersey (1907k The constitution, requiring the legislature to provide f..r the instruction of children between the ages of 5 and 18 yean*, doc* not limit tho power of the legislature over fret* public schools; and a’K'hool law providing for the education, of children between the ages of 5 and 20 years is not invalid. In . re Newark School Board, 70 A., 881. 26 New Mexico: Amending sec. 2, chap, 28, Laws, 1903, relative to the compilation and printing of school laws. Adding '‘distribution.*' . K See. 2, chap. 121, Mar. 18, 1909. 27 New Mexico: Imposing fine* ujxm members of the board of education, county school superintendent, or other school officer for neglect of prescribed duties. Sec. 12, chap.* 121, Mar. 18, 19. 35 virgin** (1909): Act of March 13. 1900, p. 432. chap. 248 (Code, 1904, sec. 1433), defining the |M>wcra and duties of the Mate lutard of education, was amended so as to declare that such board should “select *' text-books, school furniture, and educational appliances for the public school* of the State, etc. Two days after, at the same session, Code, 1904, nee. 1458; was amended by Acts, 1906. pp. 513, 515, chap. 293, and reenacted, subsection 10 of which declared .that tne school board of a city should have power, and that it should bo its duty, to “provide” srhoolhouses with proper furniture and appliances, and to care for ana manage and control the school property of the city. Jirld, that such acts were in pari materia, and should !>e construed t4»gether, and that under them a city senool board had only power to provide such school furniture for the public; schools of tho city as lutd been selected by the state board of education; the words “select” and “provide” in such provisions not beiug synonymous, the word “provide” being used in. the sense of “to furnish or supply.” while the word “select” moans “chosen ” or “picked out.”- Common wealth i\ School Board of City of Norfolk, 03 S. K., 1081. IX 36 Washington (1909): A “common school,” within the meaning of the consti- tution (article 9, secs. 2, 3), is oiie that is common to alt children of proper age and capacity, free, and subject to, and under the control of, the qualified voters of a senool district. — School |)ist. No. 20, Sixikane County, e. Bryan. 99 P.,28. 37 * VflLihlngton: Establishing and providing for the maiutenaureof a general and uniform puldic school system a Reconstruct inn of w-hool rode (rejiort of M'hool code commission). Chap. 97, Mar. II. 1909. 38 Washington; Creating u ]>ublic archives commission, and defining its duties and powers. 39 West Virginia: 5V rnartmrut .Vo, 7f*\ ('hap. 38, Mar. 2, 1909. 40 * Wisconsin: Creating see. 920-1 17m, Statutes, relative to duties of city superin- tendent* of sclttMils. “Section 1 . There is addtsl to the statutes a new section to read: Section 92tMI7in. It shall bo the duly of each city superintendent to attend annually one convention called and held by the state superintendent for the purpose* of consultation upon mutters pertaining to the su{M*rviaioit and management of city schools. Each sujierintendcnt shull be reimbursed his actual and necessary expenses Incurred for (ratgtd, board and lodging because of attendance upon such, eon vent ion, such bills'io be audited and allowed by the bbardsof education upon presentation of an itemized statement of expense accompanied by a certi- ficate of attendance signed by the state superintendent.” f Sec. 2. *** (♦hap. 253, June 1, 1909. 41 Wisconsin; Treating sec. 401s, Statutes, defining the term “schools” as used in sec; 401r. “Section 1. There is added to the statutes a new section to read: Section 461s. The singular form of the word schools as used in section 4Glr shall relate to a public school only and shall be construed to be a collective body of pupils assembled in a room which is wholly or principally under the control, manage- ment, direction and instruction of a legally qualified teacher who is" made wholly or chiefly responsible for the control, management, direction and in mo- tion of such pupils and whose duty it is to keep a complete and special register for such room or department.” Chap. 256, June 1, 1909. • Import* features: Claasiflcatioa,of school districts: county. school tax; six months* minimum school term; apportionment and. Increased aid to high schools, parental schools and schools for defectives; budget system or finance; certification of teschers by univenlty and state coliese; «tute basis of education. 42 WiMonatni Amending tec. 4Md (chap. 374, L»w», 1207), Statute*, rotative to state graded schools. , Chap. 289, June 3, 1909. 43 WlMonalli: Indorsing United States Senate hill No. 8323, creating a national children's bureau. Jt. Res. Na. 18, p. 814, — , 1909. 44 * Wisconsin: Joint resolution relating to education. * ,■ “Whereas, Reliable statistics show that there are at least 104,000 illiterates in the State, of Wisconsin at the present .time. “Whereas, There is a greet movement through this entire country at the present time to establish night schools and night trade schools so that workers and those who have been denied education can not only get the elements of education, but can also .improve themselves in their business in life. “Whereas, The growing need of instruction to our people who cannot attend schools demands from us some investigation of this great problem.' Therefore be it “Revived by the senate, the assembly concurring , That the state superintendent, the president of the University of Wisconsin, the director ofihe Univereity exten- sion division of the University of Wisconsin, the . librarian of the legislative refer- ence, department, and Jthe superintendent of the Milwaukee public schools are hereby created a commission to report to the next legislature upon reme- dies for these conditions. And be it further “R esolved, That the headsof these departments are hereby directed to use their live clerical forces to help in this matter in so far as it is necessary and to hold such conferences with teachere and associations as will enable them best to work out the plans for the bettennent of these conditions, provided that none of the said officers shall receive any extra compensation for their services but may receive such traveling expenses and other expenses necessary to the fullest investigation of all these matters." Jt. Res, No. 53, p. 842, — , 1909. 45 * Wisconsin: Providing for a joint committee of the legislature to investigate the* subject of supervision and inspection of schools. “Resolved ly the senate , the assembly concurring , That bill No. 720, A., go over until the special session of the legishture to be held in Januaiy, 1910, and that thesame be referred toa joint committee of three senators and five assemblymen to be i *>intod in the same manner and under the same conditions as tl^e other special committees; that to the same committee he also referred all other bills now before the legislature, and relating to the supervision and inspection of schools; that uie same committee is also empowered to investigate and report upon the advisability of reorganising the educational system of the state and plating the state University, the normal schools, the hign schools, and all other public schools, and the state superintendent's department under the general supervision of one board or commission; end that the governor be requested to include these subjects in the call for a special session." Jt.. Res. If o. 5fl, p. 844, — , 1909. . D. 48 Wisconsin 1958): Where complainants and ail other taxpayers of a school district had known that the officera of the district had maintained a sectarian Khool in violation of Const., art. 10, sec. 3, and that the electors of the district each year had been informed that the school taxes had been spent for that pur- pose,. and without protest at each meeting like expenditures were directed for the easy g year, the officers of the district were entitled to believe that the money haqbeen expended in accordance with the' wishes of the district, so that complainants were not entitled after twenty years to compel such officers to TOmDurse the district for the moneys illegally expended a—Dorher v. School Pktrict No; 5, 118 N; W., 853. V" r • ■ F«,oopp(ete t«?t of deelsiQnrSM ** Beam! dsdslons,” at the dose of tiitt bulletin. ‘ ^inKWT^tnrE CONTROL ASD SUPERVISION. ifl ' (b) State Board* and Offlcors. > •■l Among the enactments classified in this group are several most characteristic of, the tendency toward unity and centralization of , educational control. The .creation of a state board of education in ' Iowa (925) for the management and control of higher institutions of public education, the consolidation of the state board of education * and the commission on industrial education in Massachusetts (56), the reorganization of the system of government and financial control of higher and special educational mstitutions in Montana ^62) and West Virginia (76), and the creation of a state board of education in Vermont (74) are distinctly representative of this tendency: The remaining enactments are, in .the main, of minor administra- tive significance. California (48) and Michigan (57) include them- selves within the list of states that have sought to raise the efficiency and extend the office of state superintendent of by providing for increased compensation. 47 California^ Amending sec. 515, Political Code, 1906, irel clerks for the superintendent of public instruction. Providing for the appointment of a statistician, a bookkeeper, and a clerk and stenographer. Compensation. Chap. 296, Mar. 19, 1909. 48 California: Amending sec. 513, Political Code, relating to the salary of the state superintendent of public instruction. Increasing annual salary from $3,000 to $5,000. Chap. 366, Mar. 20, 1909. 49 Connecticut: Amending sec. 2111, General Statutes, 1902, relative to the con- ' stitution of the state board of education. . Chap. 217, Aug. 11, 1909. public instruction ative me struction to t^e salaries of 50 Hawaii: Authorising certain public officials to designate persons to act in their absence, and to define powers of persons so designated. Including superintendent of public instruction. Act 21, Mar. 13, 1909. 61 * Hawaii: Amending secs. 186, 187, and 188, Reviled Laws, 1905, relating to the department of public instruction. [Consisting of superintendent of public instruction and six commissioners.] Providing that four commissioners shall be residents of certain counties. Commissioners* terms reduced from three to two years. Provisions concerning reimbursement for expenses and meetings. Act 42, Mar. 25, 1909. 52 Hawrf: Relating to inventories of government assets. . Providing for the submission annually by territorial officers of an inventory of property of the Territory held in charge of the department. ' 7 , r Act 77, Apr. 14, 4909. 5ft Amending sec; 1, chip- 171, I*w», 1907, relative to the state superintendent of public schools. Authorising employment of clerk to serve as deputy tp. 125, Mar. 21, 1009. 56 * Massachusetts: Consolidating the boaid of education and the commission on industrial education. “Sbotion. 1 . The board -of education shall consist of nine persons, three of whom, shall annually in April be appointed by the governor, with the advice and consent of the council, for terms of three years, except as hereinafter pro- vided. The members of the board shall serve without compensation. During the month of June in the current year the governor shall so appoint all of said nine members of the board, whoee terms of qffice shall begin on the first day of July, nineteen hundred and nine, three for terms ending May first, nineteen hundred and eleven, three for terms ending May first, nineteen hundred and twelve, and . three for terms ending May first, nineteen hundred and thirteen. Four of the present members of the board, of education, and one of the members of the commission op industrial education shall be appointed members of the board of education provided by this act. “Sic. 2. The board of education shall exercise all the powers and be subject to all theyduties now conferred or imposed by law upon the present board of education, or upon the oominission on industrial education by chapter five hundred and five of the acts of the year nineteen hundred and six and by chapter five hundred and seventy-two of the acts of the year nineteen hundred ana eight, and aots in amendment thereof and in addition thereto, except as mav otherwise !** provided herein. ' Sec. 3. The board shall appoint a commissioner, of education whose term of office shall be five years, and may fix his salary at such sum as the governor mid council shall approve. Said commissioner may at any time be removed from office by a vote of six members of the board. He shall exercise all the powers and be subject to all the duties now conferred or imposed by law on the secretary, of the board of education. He shall be the executive officer of the board, shall have supervision of all educational work supported in whole or in part by the commonwealth, and shall report thereon to the board. He wall be allowed for traveling expenses a sum not exceeding fifteen hundred dollars per a n num. The board shall also appoint two deputy commissioners, at equal aalanes, one 0 f whom shall be especially qualified to deal with indus- trial education. The powers, duties, salaries and terms of office of said deputy commissioners shall be such as may be established from time to time by the toward, but the board may, by a vote of six members thereof, remove from office at any time either of said deputy commissioners. The total expense for salaries incurred under this section, together with the salaries of such other assistants or agents, and the cost of such clerical and* messenger service as may-be necessary, shall not exceed forty thousand dollars annually, and the allowance fortrayeUing expenses shall not exceed five thousand dollars annually exclusive of the necessary travelling expenses ol members of the board incurrred in the performance of the duties ox their office. - “Sm/ 4. Section six of chapter thirty-nine of the Revised Laws is hereby amended by inserting after the word ‘returns,* in the sixth line, the wprds:- lihe returns of the schools in charge of the board.— by inserting after the word bo i, in the seventh line, ' the words:— together with a detailed report of au rece: ts.and expenditures,— and by adding at the end of the section the words: The records of th'e doings of the board shall be open to public ins pec- to read a follows:— Section 6. The board shall prescribe the form ot census required bjr the provisions of section three of chapter forty-three of registers to be kept. in the public schools end of returns to be made by school cbnunittees; shall annually, on or before the third Wednesday of January, make to the gefijral court a reportvcontaining a printed abstract of said returns likereturnsof the schools in charge of theboard, and a detailed report of all the doings of ffie board, together with a detailed report of all receipts and expenditure, 'with • upon the condition and efficiency of the system of public education andsuggertionsin regard to the moetjimctioable instill of improving and extending it. The*records of the doings the board shallbo open to public inspection. . ~ ADMINISTRATIVE’ C0HTR01/ AHI) SUPERVISION* ' 41 Sw. 5. The terms of office of the present membere of the board of education and of the commission on industrial education shall expire July first nineteen hundred and mne^and said commission shall then cease to exist. “® EC - 7 *_J W " a ? t ’ 0o ; far ** H provides for the appointment of the members of toe board of education during the month of June, nineteen hundred and nine, shall take effect upon its passage and it shall take full effect on the first day of July, nineteen hundred and mne.” ' Chap. 457, May 28, 1909. (July 1, 1909.). 57 # Michigan: Amending secs. 4039 and 4640, Compiled Laws, 1897, relative to the superintendent of public instruction. 0 , # Sao. 1, The Superintendent of Public Instruction*shall have general super- vision of public instruction in all public schools and in all State institutions that are educational in their character, as follows: The University, the Agri- cultural College, the Institution for the Deaf and Dumb, the School for the Blind, the State Industrial School for Boys, the State Industrial Home for Girls, the State Pubhc School for Dependent and Neglected Children, and the Home for the Feeble-Minded, and any similar institution that may hereafter • be created. He shall reside at the seat of the State government and shall devote his entire time to the duties of his office. He shall be a graduate of a university, college or state normal school of good standing,.! 1 »hnii have had at least five years experience as a teacher or superintendent of schools. His duties shall be as follows: . “(a) To visit the 'institutions mentioned above and meet with the governing beards thereof from time to time; ■ 6 “(6) To direct the supervision of county normal training classes and provide general rules for their management and control; 4 ‘(c) To require all boards of education to observe the laws relating to schools and he shall have authority to compel such observance by appropriate legal proceedings instituted in courts of competent jurisdiction by direction of the Attorney General; ' (®0 To examine and audit the official records and accounts of any school distinct and require corrections thereof when necessary, and to require ah accounting from the treasurer of any school district when necessary; t , require all school districts to maintain school or provide educational period^ *° r chlWren resident in such district, for at least the statutory “(/) To prepare annually, and transmit to the Governor, to be by him trans- mitted to the legislature at each biennial session thereof, a report containing a statement of the. general educational conditions of the State: a general state- ment regarding the operation of the several State educational institutions and all incorporated institutions of learning: to present plans for the improvement of the general educational system, if in his judgment it is deemed necessary; the report snail also contain the annual reports and'accompanying documents of all State educational institutions so far as the same may be of public interest, and tabulated statements of the annual reports of the several school officers of , the townships and cities of the State, and any, other matter relating to his office which he niay deem expedient to communicate to the legislature; * Sl\ To a *5P? * a V me Pj® 0 ® an< * proper instructors for a State teachers’ institute, and for institutes in the several counties of the State and make such rules and regulations for their management as he may deem necessary; . (") He may request the Governor to remove from office any county com- missioner of schools or member of the board of school examiners when he shall be satisfied from sufficient evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office or, when he is incompetent to execute properly the duties of the office, or has been guilty of official misconduct, or of wilful neglect of duty, or drunkenness. In case superintendent shall determine the charges submitted to him are h -? f lth ** ?° vernor * •totMMDt in writing allowing uie specific and definite charge or charges made against the county commit* ripner, and also a statement that he believes the chargee tot be true arid that in h “" p “^ n d* <»ee demand* investigation, which statement shall take the place ofthe statement of the prosecuting attorney of the county in which mid , • Th,i not n#w, Is glyin In full here to indicate the podUoo occupied by and tbs fuocUoos performed by • repmenutiye it*t* superintendent of public lo»tmoUoa. rl : - / *> 4 ^ * ‘ if ; i ;<,1 V ^ • " iv : : *W? •'V 42 yr ,». ■ f. ' . i " • *■■ " ' ' 1 STATS 6OHOOL 8Y8TEM8: flSLA j.Bm, 19084, &-■ is acting; whereupon the (^y^nor shall proceed to investigate the case as the statute provides; \ (t) To do all things necefea to promote the welfare of the public school * ana public educational institutions and provide proper educational facilities for the youth of the State. “ From and after the first day of July, nineteen hundred nine, the salary of the Superintendent of Public Instruction shall be four thousand dollars per* annum which shall be paid monthly out of the general fund in the State treas- ury, upon the warrant of the Auditor General, in the same manner as the salaries of other State oliicers are paid. u Site. 2. In order to organize the workof the department of public instruc- tion and assist the superintendent in. the performance of his duties in super- vising public education he may appoint a deputy superintendent of public instruction, whose educational qualifications shall ne the same as those of the Superintendent of Public Instruction, who shall take the constitutional oath of * office .which shall be filed with the Secretary of State. Said deputy shall assist the superintendent in the performance of his duties and he may execute the duties of the office of superintendent in case of a vacancy or in the absence of the superintendent. The salary of the deputy superintendent shall be two thousand dollara per annum. The salary of the deputy superintendent shall, be paid from the general fund, upon a warrant of the Auditor General, in the same manner tharthe salaries of other State officers are paid. The Super- intendent of Public Instruction may revoke the appointment of the deputy superintendent in his ^discretion. There is hereby appropriated out of the general fund in the State treasure a sufficient amount to carry out the provi- sions of this act. The Auditor General shall add to and incorporate in the State tax for the year nine.teen hundred nine and every year thereafter a suffi- cient amount to reimburse the general fund for the amounts appropriated by. this act.” 4 . * * * Act 9, Mar. 18, 1909. 58 Michigan: Providing for the election of a superintendent of public instruction. V Biennial elections beginning April, 1909. Act 12, Mar. 18, 1909. 59 Michigan: Fixing the time when members of the state board of education shall be elected. * One member to be elected for a term of six years at each biennial spring elec- tion, beginning April, 1909. Act 216, June 2, 1909. 60 Michigan: Amending sec. 1822, Compiled Laws, 1897, relative to the bond of treasurer of the state board of education. Act 224, June 2, 1909. 61 Missouri: Making appropriations for salaries of school officers. . “Sec. 6. For salary of the superintendent of public. schools, six thousand dollars ($6,600.00); for salary of chief clerk in the office of superintendent of f public schools^ four thousand dollars ($4,000.00); for salary of inspector of high schools,, for articulating high schools with higher educational institutions of the state. in the office of the superintendent of public schools, three thousand six hundred dollars ($3,600.00); for salary of inspector of rural schools, for articu- . wring with high schools, in the office of the superintendent of public schools, : three thousand six hundred dollars ($3,600.00); for salary of statistician in the office of the superintendent of public schools, three thousand dollars ($3,000.00) ; < for salary of the stenographer in the office of the superintendent of public * schools, two thousand dollars ($2,000.00); in all, twenty-two thousand two j hundred dollars ($22, 2b0;00). M Sec. 6, p. 27, May 27, 1909. Ik* ADMINISTRATIVE CONTROL AND SUPERVISION, 62 "Montanas Repealing secs. 648, 672,602, 693,604, 695,699,700, 701, 703, 704, 707/ 706,' 735, 736, 737, 776, 1158, 1159, 1160, 1163, 1165, 1251, 1252, 1253, 1256, ft55, 1256, 1257, 1258, 1262, 1263, 1264, Revised Code, 1907, relative to the govern- ment, management, control and finances of the university, normal school, agri- cultural college, orphans' home/schooLof mines, school for the deaf and blind, and reform school. “ Section 1. The state board of education, as now created by law, shall have power, and it shall be its duty: “1. To have the general control and supervision of the University of Mon- tana, Montana State Normal College, Agricultural College of Montana, state orphan's home, Montana state school of Mines, Montana school for the deaf and blind and state reform' school. » * *'‘2. To adopt rules and regulations, not inconsistent with the constitution and the laws of this Btate, for its own government and proper and necessary for the execution of the powers and duties conferred upon it by law. “3. To provide, subject to the laws of the state, rules and regulations for the government of the attain of the state educational institutions named in this - section. # ■ 41 4. To recommend to the legislature a uniform system of text-books to be ' used in the public schools of this state. 44 5. To grant diplomas to the graduates of all state educational institutions, where diplomas are authorized or now granted, upon the recommendation of the faculties thereof, and may confer honorary aegrees upon persons, other than graduates, upon the recommendation of the faculty of such institutions. | 4 6. To adopt and use, in the authentication of its acts, an official seal. 44 7. To grant state diplomas valid for six yearey and to grant life diplomas. ** 44 8. To keep a record of its proceedings. * ‘ 44 9. To make an annual report on or before the first day of January in each ■ • year, which may be printed under the directions of the state board of examiners. 44 10. To appoint and commission experienced teachers as instructors in county institutes. * “11. To have, when not otherwise provided by law, control of all books, records, buildings, grounds and other propei}y of the institutions and colleges named in this section. 44 12. To choose and appoint a president and faculty for each of the various state institutions named herein, and to fix their compensation: provided, that , . the person selected and now acting as the head of any of said institutions, and S erforming the duties of the presiding officer or college president, whether esignated as president, superintendent, director, or by any other title or desig- nation, shall hereafter be known and aesignatec as r resident of such institu- tion, and such president, as well as the faculty of said institution, shall continue to hold their respective positions in accordance with the terms and conditions of their election or appointment. ' *13. t To confer upon the executive board of each of said institutions such authority relative to the immediate control and management, other than finan- cial, and the selection of the faculty, teachers and employes as. may be deemed expedient, and may confer upon the president and faculty such authority ' relative to the immediate control and management, other than financial, and the selection of teachers and employes as may by said board be deemed for the best interests of said institution. “Sec. 2. There shall be an executive board, consisting of three memliers, I for each of said institutions, two of whom shall be appointed by the governor, by and with the advice and consent pf the state board oieducation, and the presi- de 11 ! of such institution shall be ex-officio a member of said board and shall be the chairman thereof. At least two of Baid members shall reside in the county • where such institution is located. Said executive board shall have such imme- diate direction and control, other than financial, of the affairs of such institu- . tion as may be conferred on such board by the state board of education, subject, always, to the supervision and control of said state board. 4 4 Said executive boards shall also have and exercise power and authority in contracting current expenses and in auditing, paying and reporting bills for salaries, or other expenses incurred in connection with such institution, pro- vided, the Board of Examiners may not limit the power of the Executive Board in making expenditures or contracts which in no single instance or for any single purpose does not exceed Two Hundred and Fifty Dollars. All vacon* \ u ' 44 8TATE SCHOOL SYSTEMS : LEGISLATION, ^ETC., 1908-9. cies Occurring in the membership of any of said executive boards, shall be filled by mointment by the governor, which appointments shall be referred to the state board of education at its first meeting thereafter for confirmation. "Sec. 3. The executive board of each oi the institutions named in section one of this act shall appoint a secretary of said board, who may also act as treasurer of said board, and who may or may not be a member of said executive board, and such secretary and treasurer shall give bond, with good and suffi- cient surety, for the faithful performance of his duties as such, and for the faithful accounting for and paying over to, and for the use of, said college all received by him as treasurer. Said bond shall run* to the state of ' Montana and shall be in Bhch sum as may be designated by the state board of examiners, and when executed shall be approved by said state board of examiners. “Sec. 4. The treasurerof each executive board shall be the treasurer of the institution. “Sec. 5. The executive board of each of said institutions shall meet in regu- lw session at least once in each quarter, and monthly, or oftener, if the businew of such institution requires it. , . % “Sec. 6, Each of such executive boards shall on or before the first Monday mijune of each year make a detailed statement and report of all its transactions and of the condition of the institution, including the number of teachers, professors and employes, with the salary or wages paid to each, and a detailed n ment . ftl1 ^P^ea.and disbursements of such institution, which report wall contain such other information or recommendations as may be required by the state board of examiners or by the state board of education, and the state board of examiners or the state board of education shall have authority to call for a report and statement from such executive boards at any time such board may deem it advisable. All such reports by such executive boards shall be made in triplicate, one copy shall be retained by such executive board, one copy shall be filed with the state board of examiners and one copy with the state board of education. * “Sec. 7. The duties of the chairman and secretaries of each of said executive boards shall be that usually performed by such officers, or which may be desig- nated by the state board of education or the state board of examiners. “Sec. 8. The state board of education shall have authority to employ, or to authorize the employment of, a matron for the state orphan's home. “Sec. 9. The treasurer of the executive board of the agricultural college of Montana shall have the authority to receive from the treasurer of the State of Montana the-cash appropriation received from the United States by authority of the act of congress of August 30, 1890 (26 Statutes at Large, page 417), known as the second Morrill Act, and the act of congress March 4, 1907 (34 Statutes at Large, page 1281), known as the Nelson Amendment. And such cash appro- priation shall |>e expended by the executive board of said agricultural college, un4er the general supervision of the state board of education, but only for the purposes for which tne same is appropriated by congress. “The treasurer of said executive board of said agricultural college shall also have the authority to receive all monevs appropriated by the act of congress of March 16, 1906 (34 Statu^ at Large, page 63), entitled, “An Act to provide for and increase the afinual appropriation for agricultural experiment stations, and regulating the expenditure thereof, “ and such money shall be expended by said executive board under the supervision and direction and control of the state board of education in the manner and for the purpose designated in said act of congress, and as required by section 741 of the Revised Code*) of Montana of 1907. The treasurer of the agricultural college of Montana shall, on or before the first day of September of each year, make a detailed statement of the amounts received and disbuned under the. provisions of the act of congress of August 30, 1890,. and of March 4, 1907, . and snail report the same to the secretary of agri- culture of the United States and to the secretary of the interior of the United t Stotee. required by said acts of congress, ana shall file a duplicate thereof \ with the state board of examiners of the state of Montana on or before the 10th day of iptember of each year. Said treasurer shall also makea detailed state- ment of the amounts of money received and disbursed under the act of congress of March 16, 1906, which report shall be filed with the state board of examiners on or before the 10th day of £ tember of each year, and shall also make Buch reports to the officers or departments of the United States as are now or may* hereafter be required* by the laws of the United States. ADMINISTRATIVE CONTROL AND' SUPERVISION, 4 $ “Sec. 10. The ex-officio member of each of said executive boards shall hold his office during his continuance as president of such institution, and the two members appointed by the governor Bhall hold office for the term of four years from and alter the third Monday in April, 1000, unless sooner removed by the governor or by the state board of education* provided, that of the membera of the executive board first appointed under the provisions of this act, one shall be appointed for the term of two years and one for the term of four years. Such members shall qualify by taking and filing their oath of office with the state of education. 11. The members of each of the executive boards, except the chair- ^ receive such compensation for their services as shall be fixed by the safe; board of education, not exceeding the sum of five dollars for each day actually *spent in the discharge of their official duties, and not exceeding the , sum of one hundred and twenty-five dollars in any one year for each member, and such members shall also be reimbursed from the amount appropriated by the legislature for the maintenance and support of such institutions all ex- penses netjessarily incurred by them in the discharge of their official duties as members of said boards. “Sec. 12. That the term of office of all trustees, directors or membere of any executive board or commission of any of the institutions named in this act, heretofore appointed, elected or serving as such trustees, directors or member of such executive boards or commissions, shall terminate upon the appoint- ment and qualification of the membera of.the executive boarcfs relative to the university of the State of New York and the department of education. Number of regents throe moro than the existing number of judicial districts. \ ( hap. 1, Feb. 1, 1909, 03 North Carolina: Making the atete superintendent of public instruction, ex officio a trustee of the university. \ V ■ Chap. 432, Mar. 2, 1909. f.9 North Carolina: Amending sec. 4039, Revisal, 1905. relative to state superin- tendent. 1 1 Authorizing publication of educational bulletins. 1 Sec. 2, chap. 525, Mar. 5„ 1909. 70 North Carolina: Preventing boards of directors of state institutions from electing one of their number to any position under their control. ( hap. 831, Mar. 8, 1909. 71 North Dakota: Fixing salaries of state officers, providing for tho payment of personal expenses, and requiring said officers to reside at the capital. fixt!S7u^l^1 l t U S tendent $75? Per f ° r Pere ° nal “4 Chap. 216, Mar.'8, 1909. 72 South Dakota: Regulating the making of reports of state officers, boards, and institutions to the governor, and the printing of same. Chap. 290, Mar.*9, 1909. 73 Utah: Amending sec. 2075, Compiled Laws, 1907, relative to the appointment of the board of trustees of the agricultural college and fixing their terms of office. Increasing the membership of board from seven to nine. Chap. 108, Mar. 22, 1909. 74 Vermont: Providing for a state board of education. lh ® be was allowed for the first nine months of the * “* ar y fixed at 15 cents for each child, such order operated to establish plaintiff a salary rate for the remainder of his term, and precluded the fiscal mS W m 77 h 7 ereafter changln,? il to a flat ™t«-Breathitt County v. Noble, D. 87 Kentucky (1909); Under Stot. 1909, sec. 4419, regulating salaries of county school superintendents, it is the duty of the fiscal court t«* fix the salary to be J&j a hef ? re the beginning of his term; but. if it is not so fixed, it may be fixed thereafter, and when fixed, cannot bo cftan ged during bis term of office.— Breathitt County ». Noble, 118 S. W., 777. ” “* D " 88 ° f ? f ?r ch 2 t< \ m ( AcU - 1908, p. 133, chap. 56; Ky. . n ^H* alln K. 8C b™ls and school districts, vests the power to establish school districts for white and colored children in the sound discro- 120 8 W® 3o“ X boarda — Prowao »• Board ° f Education for Christian County, 89 * Michigan: Authorizing the county commissionc- of schools in each county to call a meeting of the school officers of the county. Each county commissioner of schools in the State of Michigu shall call a meeting of the school officers of his county at least once in each year, said peejMg to beheld at the coim ty seat or some other convenient placeJn thecountv for the purpose of consultation, adyiceand instruction upon mattora pertain to the management and welfare of the public schools ofthe wiX.^e cS rut&Tc ™“ tm8 * ha include every board of education in the county, whether .kin !» A ™®u direcl ?. r or s °cr*t* lr y of each school board or board of education Bhall attend such meeting and the other members of each board of education fny>waeBot one member ofthe board f compenmTn^, 3 - 11 ahaM be the duty of the Superintendent of Public Instruction to S t3 L c S m !? ,a *J 0 “?j ** ■cboolsin conducting said meeting of school officers, and he shall attend said meeting either in person or by representative ” 86582 — 10 4 Act 112, 6a,y 19, 1909. 5 ' ^7 »~7 ■ ^ iv v ■ . — r — 1,1 ■■ ■■ ■ 60 STATS SCHOOL SYSTEMS: LEGISLATION, BTC., 1908-0. ■'■■■*' 00 Mkhlgaat Repealing me. 4816, Compiled Lews, 1897, relative to the dutiea ot the chairman of the township board of school inspectors, and amending secs. - 4810 and 4819, Compiled I-aira, 1897, relative to the election of a county com- missioner of schools, to the appointing of school examiners and defining the duties and fixing Ihe compensation for the same.* Modifying in minor manner provisional requirements for eligibility to the office of county commissioner of schools. Act 222, June 2, 1909. 91 Nlchlgaft: Amending sec. 10, act 147, Public Acts, 1891 (sec. 4817, Compiled laws, 1897), as amended by sec. 10, act 148, Public Acts, 1905, relative to the compensation of the county commissioner of schools. Annual compensation to bo not less than $1,500 when there are 175 school rooms under supervision. * Act 247, June 2, 1909. 92 Michigan: Amending see. 8, act 147, Public Acts, 1891 (sec. 4815, Compiled laws, 1897), as amended by sec. 8, act 127, Public Acts, 1907, providing for the elec- tion of a county commiwioner of schools, for the appointment of school exam- iners, and defining the duties and fixing the compensation for the same. Special provisions concerning expense limit for assistance. ' Act 264, June 2, 1909. 93 Minnesota: Providing for a county examiner of townships, villages, cities, school districts, and charitable and benevolent institutions in counties of this 'State having at any lime a population of more than 100,000 inhabitants and an area of more than 5,000 square miles. Chap. 108, Mar, 25, 1909. 94 Minnesota: Amending sec. 3, chap. 76, I-aws, 1907, relative to county boards of education for unorganized territory within the State, and adding new section. Authorizing employment of clerk to county superintendent. Authorizing peV diem of $3 to. chairman . Chap. 309, Apr. 21, 1909. D. 95 Minnesota (1908): Hey. laws, 1905, sec. 425, provides that, whenever a vacancy occurs in the office of the county superintendent, the county board will fill the same by appointment, and section 2668 declares thAt the governor mAy remove from office any epunty superintendent of schools whenever it appears by competent evidence that such superintendent has been guilty of malfeasance or nonfeasance after hearing. that county commissioners have. only power to fill the office of county superintendent of schools after it has been vacated in proper judicial proceedings, or by the act of tho incumbent, and have no power to remove such superintendent.— -State r. Hays, 117 N. \\\, 615; 105 Minn., 399. 96 * Missouri: Repealing aeca. 9803, 9804, 9808, 9809, and;98 10, Revised Statutes, 1899, as amended by act of March,. 18, 1903; and repealing secs. 9811, 9812, 9813, Revised Statutes, 1899, as amended by act approved March 20, 1907, and by- act approved March 24, 1903, relative to public schools. Enacting new sections in lieu thereof concerning county superintendents of schools, their election, . qualifications, duties, powers, and compensation. *•8x0. 9803. There is hereby created the office of county superintendent of S ublic schools in each and every county in the state. Ihe qualified voters of le county shall elect said county school superintendent at the annual district school meetings held on the first Tuesday in April, 1911, and every four years thereafter. Said superintendent shall be at least twenty-four years old, a citizen of the county, shall have tayght or supervised schools as his chief work during at least two of the four years next preceding; his election or appointment, or shafl have spent the^ two yea next preceding his election or appointment as a regular Student in a normal school, college or university, and shall at the time of his in 3 ERIC ADMINISTRATIVE CONTROI, AND SUPERVISION. 51 BlectioD hold a diploma from one of the etete normal hook or toarhera’ collate , ° r , A fJ M * We atate certificate authorial himto teach m the public schools of Missouri, granted by tho state superintendent of public schools as the result of an examination, which shall include the subjects pf school sunervimon and teaching in tho rural schools, or shall hold a fin»t grade wunlv certificate. The person elected county school commissioner or county ?X nnt t° dettt at *** < t n ?. ua i 8C . ho ° 1 meetin K held tho first Tuwiday in Apnl, 1909, or his successor, shall, dunng.tho month of August, 1909 oualifv ™*<***^*™™'V superintendent of public schools, and shall seWoassucK cJli 1 first Tuesday in Apnl, 1911, and until his successor is elected andquali- fiod ; and tho qualifications prescribed for tho county school comniLmonor at the time of the annual school meeting, the first Tuesday in April, 1909, shall be the qualifications i for tha county superintendent of public schools until tho first hdTh 1 ^ A P n ; 19U * county superintendent of public schools shall hold his office lor four yaus and until Ins successor is electee and qualified- and all vacancies, caused 1 by dmth, resignation, refusal to serve or removal from the county, shall be filled by the governor hy appointment for tho unexpired term* the county supenntendent shall turn over all books, papers, certificate* stub books and records in his Possession to hi* successor. Wherever the term county commuwioncr or county board of education is used in tho statutes, it shall bo construed to mean county superintendent of public schools.” £ EC * ????• £ lect \ on roturns, how certified; duty of county clerk bite. 9805 Superintendent to take oath, givd bond; kwp office, where- county court to furnish supplies. F ’ ere » a „ S* 0 *- The county superintendent shall have general supervision over all the schools of his county, except in city, town and village school districts employing a superintendent who devotes at least one-half of his time to the direct work of supervision. Ho shftll visit each school under his jurisdiction at leastonce each year, and as many other times as practicable; ho shall examine tho classification of pupils, the methodsof instruction, the manner of discipline dl ^ 0rt i*' r r , ? ln !i ,ned V^ 10 sw'tiwl, and make such suggestions to teachers and school boards^ ho may deem advisablo; ho shall inspect tho ventilation note the condition of the building, furniture, apparatus, grounds and appur- tenances thereto belonging^jand report the same to the board in writing with such suggestions as ho may consider 'Decenary to the health, comfort and progress of the pupils; ho shall examine the teacher’* register and the district clerk s record and dee that they are kept according to Jaw; ho shall furnish annually statements to the district clerks showing the assayed valuation of their respective districts; he shall receive, and, if properly made, approve estimates and enumera ion lists and turn same over to the county clerk; he shall assist y cl f ka ’ T h , en . nece^y in making their reports, and see that all / been dqly issued by order of the board, either for services actually nmdered or for material actually furnished. y “Sec 9807. The county superintendent shall hold Annually not fewer than wx public meetings at different points in tho county for the purpose of diseme- ing educational questions, interpreting the school law, counseling with teachers and school officers, and promoting tho cause of education among the people. mee ! ln S? ? l ,h ? count y seat. just prior to the opening of the fall term of school, and shall be of two days’ duration. It »h*li be the duty of directors and tochers to attend meetings called by him when such attendance does not interfere with their school duties. He shall adopt a course of study mid a plan for grading the schools of his county, and forward three \ copies to the stam supenntendent of public schools, one copy to each district m JL°mi °°!3 ^ tearher '“fry* ^ the county; and require same to be followed as nearly as pmcticatlo. He shall inaugurate andmaintain of . final examinations mid graduation of pupils who complete the state course of study for *iral schools* He shall examine the records of the county so far as t hey relate to school funds and school moneys, see that the law is strictly observed, and shall be present at the August term V the county comt toSve such information as may be of importance to said court in the transaction of all business pertaining to tho school interests of the county; and the instruction of ** hwRU,de in interpretation and execution to make fltati,,tical re p° rt J-l. 8 ” ; 9809-.yuring hi* tom of office the county auperintendent shAll not engage in teaching or jn any other employment that interfere* with the duties of Ws office m prescribed by law. fie dudl eptafl annually, studying rural school problems and supervision of schools, five days in conventions called oy the state superintendent of public schools, or twenty da^s in the state university S in me oi thfc state normal schools, or in some other manner approved by e state snperinMdenl He shall not receive his salary for the third quarter of the year until he presents a certificate, signed by the state superintendent properly i ) superintendent . K of public schools. rt S*c. 9810. The county superintendent shall be allowed an annual salary, to he paid out of the county treasury, as follows: In counties having less than twelve thousand population , he shall receive seven hundred dollars; In coun ties , having twelve thousand population and leas "than fifteen thousand, he shall receive eight hundred dollars; in counties having fifteen thousand population and „ less than eighteen thousand, he shall receive nine hundred dollars: in counties having eighteen thousand population and less than twenty-one thousand, he shall receive one thousand dollars; in counties having twenty-one thousand population and less than twenty-four thousand, he shall receive eleven hundred dollars; in counties having twenty-four thousand population and less than twenty-seven thousand, he shall receive twelve hundred dollars; in counties , v . having twenty-seven thousand population and less than thirty thousand? he shall receive thirteen hundred dollars; in counties having thirty thousand pop’ilation and less than fifty thousand, he shall receive fourteen hundred dol- lars; in counties having fifty thousand population or more, he shall receive fifteen hundred dollars of which the state of Missouri shall appropriate annually out of the general revenue fund of the state of Missouri, four hundred dollars to each and every county. At each regujar term of the county court, said court shall order a warrant in favor of the county superintendent for the proportional amount of his annual salary then due under this section; and the same shall be paid by the county treasurer out of the county revenue fund.” . Sec. 9811. * * * P. 822, Mar. 15, 1909. 9? Nebraska! Repealing, and re-enacting with amendments, sec. 11686, Cobbey’s Annotated Statutes, 1907, relative to the general duties of the county superin- tendent of schools. Chap. 128, Mar. 29, 1909. 98 New Mexico: Providing for the payment of the compensation ofjtounty superin- tendents out of the school funds of the counties, and for othlrpurposes. Chap. 43, Mar. 16, 1909. 99 New Mexico: Amending sec. 20, chap. 97, Laws, 1907, relative to powers and duties of county superintendent. Adding ravieo. * * Sec. 8, chap. 121, Mar. 18, 1909. 100 New Mexico* Amending sec. 21, chap. 97, Laws, 1907, relating to salary of county superintendents. Adding “all counties of the first class, as determined by the latest report of the territorial traveling auditor,” to list of those carrying annual compensation Of fl,500. Sec. 9, chap. 121, Mar. 18, 1909. 101 New Mexico! Amending sec. 18, chap. 97, Laws, 1907 * concerning county super- ■ . intendents, elections, qualifications. Subsisting ^Territorial fipardl of Education ^ for the wowk board of . oiuuninew'ioe^ " * , • ; 7 :\\ •; - f . V., ^C.tl # ohap , 121, Ite. 18 , 1909 , im Morth J&koto^mending In a miiao? tywximt* 777, Revised Codes, 1905, as ’ by cnap. 105, Um t . 1907, relative s&kiy, deputies, and traveling . -i u-rntfar. oimkook*. : IKW ; rttt® yu* r. ^OOimOL AND 103 # North Carolina: Amending sec. 4119, Revteal, • 1§05, mdatlvo to county fcterdf '■ of education. Providing for slow replacement and extending term from two to six years. Applies to boards appointed by general assembly. (See also chap. 435.) " Sec. 5, chap. 525, Mar. 5, 1909. 104 South Carolina: Amehdingsec. 1200, Code, 1902, as amended by act 528, Acts, ' 1908, relative to duties of county board of education. Act 40, Mar. 3* 1909. 105 Sooth Carolina: Amending the law relating to compensation and f dari iw of county officers. Special provisions for certain indicated counties. Includes county superin- tendent of schools. Act 111, Mar. 4, 1909. 106 Sooth Dakota: Amending sec. 22, art. 2, chap. 135, Laws, 1907, relating to eligibility to county superintendency. Certificate of professional qualifications to be valid at the date of hit induction into such office and at least one year previous thereto. Chap; 90* Feb. 25, 1909. D. 107 Tennessee (1909): Where a county board of education, under Acts* 1907, p. 848, chap. 236, sec. 10, eubd. 4, making it its duty to locate schools where deemed most convenient, locates a school at a certain place so as to consolidate two schools, and ultimately three, into one, it acts within its discretion, and , its decision will not be disturbed by.mandamua. — State v. Board of Education of Blount County, 121 8. W., 499. „ 108 Tennessee: See enactment No. 308'. 9 109 Tennessee: Amending sec. 10 (and other secs.?), chap. 25, Acts, 1873, relating .to district school directors. [See chap ^236, Acts^907.J Creatinga county board oT education, and providing for the election, quali- % fication, officers, powers, duties, and compensation of said board. Transferring J M)Wer8 and duties of school directors now prescribed by secs! 1430-1431, Code, 1896. Applies to certain 10 counties. * CJhap. 302, Apr. 27, 1909. 110 Tennessee: Amending sec. 10 (and other sees.?), chap. 25, Acts, 1873, relating to district school directors. [See chap. 236, Acte, 1907.] Creating a county board of education and providing for the qualification, election, officers, powers, and duties of said board. Transferring to said board powers and duties of school directors now prescribed by secs. 1430-1431. Code. 1896. Applies to Trousdale, Houston, ana Shelby counties. Chap. 327, Apr. 28, HW9. 111^ Tennessee: Amending chap. 234, Acts, 1905, and authorizing each member of the county board of education to make contracts of consolidation with the governing authorities of city schools, academies, etc., in the incorporated cities in his district, whereby the children of his district may be taught in such city schools. Chap. 471, Apr. 30, 1909. 112 Tennessej: Amending chap. 25, Acts, 1873, relative to the qualifications "of* the ^ county superintendent of schools. , " . „ : ; Sac. i. *. r*\ u aid bounty Superintendent shall be a person of literary and scientific attainments Ana of soil in the theory and practice of teaching; provided* that piece ig each biennial election or any election to fill a vacancy for County Superintendent of Schools each applicant shall file with the Chairman hf the qty Court a certificate Of qualification given by the State Board cf - p; —omded, that on the first. Monday in Octeber -pm di idfcJ fil .County Superintendent of Schc(dte; : ‘)radt ; V|»M^ foTsaiu, „ ■ -h , Of j£ ‘■ v '• • ■ $ !’> ■ :, ' - undergo u pubic examkata at -the county sit© of tsfoe county in which he or she is an applicant, to be conducted by a commission of three residents of county, said mmwamon to be previously appointed by the Chairman of me^yrnmy Court, and to be citizens who, by education and experience, are H ^oet emineiitly qualified to conduct said examination, the same to be held by the State Board of Education under such rules and regulations as said Board may prescnbe; provided, that said applicant shall furnish evidence satisfactory to me said State Board of Educatioja as to his or her moral character said evidence to be famished in such manner and form as shall be prescribed by the said State Board of Education; provided, further, that if qualified aJatteeted bv said examination and as to moml character, said applicant shall receive a cer- tificate of qualification by the State Board of Education/’ Sec. B. * * * Sec. a. * • * a ' * Chap. 608, May 1, 1909. 113 Wisconsin: Amending subset:. 9, sec. 461, Statutee, relative to power of county superintendents to hold school board conventions. / limiting convention to two consecutive days; fixing compensation at $2 Jot each day s attendance, and mileage; providing for record of attendance. . , ' Chap. 222, May 29, 1909. 114 Wisconsin: Amending sec. 698, Statutes, relative to the election of county officers tod county or district superintendents of schools. Providing for the fixing of all salaries of county superintendents in bounties having two supervisory districts. Chap. 433, June 15, 1909. 115 Wyoming: Providing for deputy county superintendents. ' Chap. 46, Feb. 18, 1909. (d) District, Township, and Municipal Boards and Officers. Th© following items stand out as exceptions in the group of generally unimportant administrative measures relating to local boards and officers: California (118), relative to the powers and duties of school district trustees and city boards of education; Connecticut (207), transferring to towns the control of public schools; Connecticut (120)^ and Vermont (173), extending the system of organized local super- vision; Missouri (D. 150, D. 151), repeating the judicial declaration of the rights of school officers with respect jto the vaccination of school chMreto;* Ohio (D. 105), defining, in accordance with the established principle of American school control, the authority of boards of edu- cation; Tennessee (171), containing the educational provisions of the charter of the city of Knoxville; Wisconsin (175), authorizing a three- - year tenure f6r city superintendents of schools. D«. 1^6 Ala a# til ^ (1909): Loc, Act©, 1896-97 , p. 614, - a special- law creating and *£°°\ and providing that the members °iS an ^ d tong the term of their residence Withip Signet, creates a life ten we of office in such members, condi- tionedonJyjSB «gidence jto She district,— Statp v, White,49 So., 78. ■ v U7 CftHferrifa: Amending me. IS78, ftjlitical Code, 10QS, referring to contracts bv school trustee*. Cimp. 79, Mar. 8, 19#. ijCOHIWtOtf AND ‘’BUPEHVISION) 118 CaUfonitei Amending aec , 1817, Political Code, relative to the power* and duties of trustees of schooldistricts and of boards of education jin cities. Authorizing payment of teachers 1 salaries in twelve monthly payments; admission of children to deaf school at three years of age. Restricting admis- sion of children to beginning classes to certain months. Providing for b t for expenditures exceeding $200. New sections relating to health and transpor- tation. ** Twenty-third . — To give diligent care to the health and physical develop- ment of pupils, and where sufficient funds are provided by district taxation. 3 to employ properly certificated persons for such work. \ u Twenty-fourth . — To provide for the transportation of pupils wherever in their judgment such transportation of pupils is advisable: Provicferf§That such transportation of pupils shall not cost the district more than fifteen cents per pupil transported per day.” >' Chap. 687, Apr. 22, 1909. D. 119 Colorado (1909) The power to determine the necessity of taking land for a schoolhoUse site is vested in the school authorities of the district by Mills’ Ann. St., sec. 4013, and is not a question for a commission or jury .-^-Kirkwood v. School Diet. No. 7, in Summit County, 101 P., 343. 120 "Connecticut! Amending sec. 2, chap. 195, Public Acts, 1903, and repealing . Sij sec % 5, chap. 195, Public Acts, 1903, as amended by chap. 259, Public Acts, . ^ 1907, relative to the supervision of schools. Authorizing the formation of supervisory unions by two or more towns em- ploying together more than 30 and not more than 50 teachers (formerly, not less than 25 nor more than 50 teachen). Authorizing employment of superin- tendents by towns employing more than 20 and not more than 30 teachers; state aid equal to one-half of superintendent’s salary. Annual mtTimiim aid, $800. I ding for supervisory agents in towns employing not more thim 20 teachers; state aid. . . ‘‘Sec. 6. Every town which employs not more than thirty teachers and in which there is no superintendent of schools or supervising agent at its first annual or biennial town meeting after Jantfery l v 1910, vote by ballot to determine whether it will. instruct its school visitors, town school committee, or hoard of education to employ a superintendent of schools or request the ap- pointment of a supervising agent under the provisions of this act/ 1 Chap. 225, Aug. 19, 1909. 121 Connecticut s Relating to town management of public schools. (Amending* chap. 146, Public Acte, 1909.) See No. t07. Providing for payments to town treasurer, agent, or school committee by towns not assuming control of schools as provided by chap. 146, Public Acts, 1909. Chap. 251, Aug. 24, 1909. D. 122 Connecticut (1909): New Britain City Charter, Sp. Acts, 1905 (14 Sp. Laws, p. 915). consolidating the town and city of New Britain; providing that all. vacancies in any of the offices shall be filled by the council, and declaring that the. city shall he a consolidated school district; deprives the school committee of the city of the power of filling vacancies, as authorized by Gen. Stat., 1902, • sec. 2218, providing that the school committee, shall fill vacancies in their own number, and a vacancy in the school committee is properly filled by the council; the provision of thp charter inconsistent with the general statute controlling. — State v. Hatch, 72 A,, 575. . ■ D. 123 Dbtifet of ColiunbU (1906}: The court will liberally construe the of Congress of June 20, 1906, chap. 3446, 34 . Stat. 316; creating the ; board pf *7 education of thepistrict of Columbia, so as to give the board discretion in carrying out its objeCie, and not Interfere by mandamus with the board in the . exercise of its discretion in matters .pertaining to the management, of the public schools, unless there has been such a gross abuse oft ■ as i mints to a total lack of authority to. act.— United States*. loover 31 App. 1>. Q., 3U. , p, r n WMf WBfyy M^ot Amending an act entitled, “An net to provide for the establishment of : graded public schools in the city of Lewiston. An act to provide for the eetob- Ushmont and maintenance of graded school in the city of Lewiston (approved f ® ec ' 30 » “ *)• ” (And also as amended by act of Feb. 7, 1883, and as amended by act of Feb. 5, 1885, as appears in said act); providing for the organisation and government of independent school district No. 1 of Nez Perce County and for establishing and maintaining a system of schools; authorizing a super- intendent therefor; providing for the assessing and collecting of the taxes there- for; providing for the refunding of the bonds thereof; providing a treasurer for said district and for depositing the funds thereof; providing for the investment of the surplus moneys of said district. H. B. No. 105, p. 43, Mar. 6, 1909. 126 Idaho: Amending sec. 628, Revised Code, 1909, relative to the reports of school trustees. Providing for detailed and itemized reports! S. B. No. 145, p. 191, Mar. 15, 1909. t 26 Amending sec. 825, Revised Code; 19097 relative to the general duties of trustees. H. B. No. 260, p. 216, Mar. 15, 1909. 127 Idaho: Amending sec. 622, Revised Code, 1909, relative to the election of trus- tees and voting special taxes. H. B. No. 49, p. 430, Mar. 7, 1909. D ‘ ^Artf^wSifSii imT (S ™ p - 105) - 82 > M amended by 71)> tohffdmg a trustee to be interested in any contract with the boarder in any supplies furnished, and providing that no the b n upo “ aeon tract in which a trustee is interested, but Kvwd, does “S 1 * beeeuae the only penalty provided is that an action shall not be inaintamed .on a contract in violation thereof ore vent a rerovery by the dwtnet of money paid upon a contract in violation thereof Independent School Diat. No. 6 v. Collins,98 P„ 857. mereo:, D ' ^ L awB l899 p. l05), sec. 82, as amended by Jr®- P- 71 )i providing that no trustee shall be interested urra contract made by the board or in any supplies furnished to the district and that no action shall be maintained (Upon any contract in which a trustee u interested, but the same shall be void, Sintered prohibit • maldng any contract with his district in which he is pecuniarily interested — Independent School Diet. No. {> v. Collins, 98 P.,.857. X m lores wa. D - A 3 oard . oJ Question has power to adopt a rule excluding all dudiIs .«»«<«* ete., Si«Z h 187 rU Ill ASTM 7 a f 7 <1W7) Educato rf'&ity of Wcago, 187 111. App., 187; judgment affirmed (1908), 84 N. E., 897; 283 111., 181 Indiana: Concerning common school corporations in cities of more than 100 000 inhabitants. ’ f nd ^dating certain acts and doings of school commissioners in air cities of more than 100,000 inhabitants, rotative to twleviftT^ Chap. 38, Mar! 1, 1909. , , ,, Concerning boards of school trustees in cities of- more than 36 000 inhabitants and leas hhn 40,000 inhabi tan ts . ’ qualifi- Providing toraboard of school trustees of flve members: cations, manner, and Ume of election. Pint election, November. lww, Chap. 75, Mar. 5, 1009. 138 4 Indl«in» (l909) :Peraona contracting with school trustees must recognise that N^E., P 8«> eri "* Umited by kw --^«0»y v. SchooTOty of SduS'Send, term.— State ex rel. Wilson v. Hardin, 49 So., 490. 136 Maine: Amending in a minor manner sec. 42, chap. 15, Revised Statutes, 1903, as amended by chap. 101, Laws, 1907, relative to payment of superintendents of towns comprising school unions. * 136 Massachusetts: Amending sec. 19, chap. 283, Acts, 1897, and providing that the , mayor of the city of Newton shall be a member of the school committee of said Replacing 11 president of the board of aldermen ” by “mayor ” Chap. 138, Mar. 6, 190?. (Jan. 10, 1910.) 137 Michigan: Repealing s&g. 1, 2, 3, 4, 5, 6, and 8, 'chap. 4, act 164,' Public Acta, 1881 (secs. 4892, 4893, 4894, 4898, 4696, 4697, and 4699, Compiled Law*, 1897), relative to township officers and the township board, of school inspectors; and amending secs. 7, 9, 10, and 11, chap. 4, act 104, Public Acts, 1881 (secs. 4698, , 470 °. 4701 . 47 02, Compiled Laws, 1897), relative to the duties of the township clerk. - Act 29, Apr. 14, 1909. 138 Michigan: Repealing sec. 4767, Compiled Laws, 1897, relative to penalties of school inspectors for neglect or refusal to qualify; and amending secs. 4762, 4764, 4766, 4787, 4768, 4769, 4760, 4761, 4762, 4764, Compiled, Laws, 1897, relative to township libraries; and amending secs. 4768, 4769, and 4772, Compiled Lawa, 1897 , relative to penalties and liabilities of school officers for neglect of duty. 139 Michigan: Amending sec. 21, chap. 3, act 164, Public- Acts, 1881, as amended by act 166, Public Acts, 1901 (sec. 4686, Compiled Laws, .1897), relative to the duties of school district directors. D. 141 Michigan (1908): Loo. Acts, 1903, p. 236, No. 392, sec. 7, requires the board Of education Of a citv to ftDDOint a. flunArintanriant nf nuhliA onhnAla .1.A .lw.ll Chap. 146, Mar. 26, 1909. . city. Act 32, Apr. 14, 1909. 16 Detroit Leg. W • - • '- irAra mhooc sysi^ leoe-e. I r ' 142 Mbu Mtei Amending aecs. 1311, 1313, 1316, end 1317, Beviaed Lmn, 1806, relating to the election of trustees and members of the school board in common districts in the State, and relating to vacancies in such board and the flying 0 f such vacancies and providing for the payment of salaries or compensation of trustees and members of the school board in districts embracing or containing more than 10 townships. Chap. 187, Apr. 14, 1909. 143 Minnesota: Legalising, validating, ratifying, and confirming the election of trustees and members of the school board in common school districts embracing or containing 10 or more townships,, where the election of such trustees and members of the school board of such district has been held or attempted to be held and such officers elected under and pursuant to sec. 3678, General Stat- utes, 1894, as amended by chap. 15, Laws, 1899, as amended by chap. 38, LawB, 1903, and amendments thereto, or under and pursuant to sec. 1311, Revised Laws, 1905, and amendments thereto. - Chap. 238, Apr. 19, 1909. 144 Minnesota: Legalizing, validating, ratifying, and confirming the payment of salaries or compensation to the trustees and members of school boards in com- • mon school districts embracing'or containing 10 or more townships. Chap. 239, Apr. 19, 1909. 145 Minnesota: Legalizing,, validating, ratifying, and confirming the official acts of trustees and members of school boards of common school districts containing 10 or more townships, where such trustees and members of the school board and school boards have been elected or attempted to be elected mid hold office under and pursuant to sec. 3678, General Statutes, 1894, as amended by chap. 15, Laws, 1899, jis amended by dhap. 38, Laws*, 1903, and amendments thereto, or under and pursuant^ section 1311, Revised Laws, '1905, and amendments thereto. • .] Chap. 240, Apr. 19, 1909. 146 Minnesota: Legalizing contracts made and entered into between April 1, 1903, and May 1, 1908, by school districts with officero and members of such school district for necessary supplies therefor and any payments on account thereof. Chap. 255, Apr. 19, 1909. 147 Minnesota: Enabling boards of education in special school districts to employ clerks or secretaries who are not members of such boards. . Chap. 277, Apr. 20, 1909. 148 Missouri: Repealing art. 3, chap. 154, Revised Statutes, 1899, relating to the organization of school districts in cities with more than 50,000 and less than 300,000 inhabitants, amTre-enacting in lieu thereof a new article providing for the organization and government of school districts in cities of over 75,000 and less than 500,000 inhabitants. [For the purpose of permitting Kansas City to retain existing school board organization.] P.828, May 28, 1909. 149 Missouri: Amending sec. 9919, Revised Statutes, 1899, relative to schools in cities with 300,000 inhabitants or over. . „ Applying section to cities of 600,000 or over. P.846, May 28, 1909. D. 160 Missouri (1909); Rev. Stat.. 1899, sec. 9759 (Ann. Stat., 1906, p. 4475), vests the government of the schools in a district in a board 61 directors of thfee mem- bers, and section 9764 (page 4478) authorizes the board to make all needful rules and regulations for the government of the schools. Held , that such board could make and enforce rules excluding from school all child: i who had not been externally vaccinated,, whenever V small] threatened in the dl V e* el. O' epidemic either existed or anon v. Cole,119 8* W..424. ^ — rm — — muppipi ADMINISTRATIVE CONTROL AND SUPERVISION. 6ft D. 161 Maaouri (1909): The compulsory school law (Laws, 1905, p. 140; Ann. Stat., 1906, secs. 9982 (l)-9982 (9)), requiring school attendance by children of school age, did not preclude the school directors of the district from requiring, during a smallpox epidemic, existing or threatened, that no child not externally vac- cinated should be permitted to attend school. — State ex rel. 0’Banncn v. Cole. 119 8. W., 424. • D. 162 Missouri (1909): A school board can discharge only such functions as are expressly prescribed by statute or fairly arise by necessary implication from those conferred. -^-State v . Kessler, 117 S. W., 86. 153 Montana: Amending sec. 882, Revised Code, 1907, relative to the letting of contracts by school trustees. Chap. 32, Feb. 25, 1909. 154 Montana: Amending secs. 825 and .846, Revised Codes, 1907, providing for instruction by the county superintendent of schools in regard to the prepara- tion of the annual reports of school district trustees; providing penalties for £he failure to make such reports. Chap. 98, Mar. 6, 1909. 155 Nebraska: Repealing and re-enacting with amendments sec. 11563, Cobbey's Anq. Stat., 1907, relative to powers of moderator. Chap. 120, Mar. 11, *90$. 156 Nebraska: Repealing, and re-enacting with. amendments, sec. 7774, Cobbey's Ann. Stat., 1907, relative to boards of education in metropolitan cities. Changing membership of board* of education from 15 members, . elected at ■ large, to one member from eaefy ward. Chap. 131, Mar. 30, 1909. 157 Nevada: Providing for the date of election of school trustees, etc. Chap. Ill, Mar. 16, 1909. 158 New Hampshire: Relating to incompatibility o£ certain offices of school dis- tricts. Prohibiting any member of a school board from acting as treasurer or auditor for the board, or from employment as a teacher. Chap. 20, Feb. 24, 1909. 159*New Hampshire: Relating to the salaries of school boards and truant officers. Chap. 22, Feb. 24, 1909. 160 New Hampshire: Creating a school committed for the city of Manchester. Committee to consist of one member from each ward, with the mayor and president of the common council ex-officio members. Elected members to serve two yean. . . Chap. 323, Apr. 9, 1909. 161 New Jersey: Amending sec. 97, Acts, 1903 (sp. seas.), as amended by sec. 2, chap. 119, Acts, 1907, relating to the district clerk, records, duties, etc. Chap. 11, Mar. 16, 1909. 162 North Carolina: Amending sec. 4145, Revfeal, 1905, relative to school com- mittees. Relating to compensation of township committee. Chap. 769, Mar. 8, 1909. 163 North Dakota: Amending sec. 955, Revised Codes, 1905, relating to the com- pensation of members of the board of education. '■ Providing fqf compensation of $1.60 for each meeting; not more than one meeting each month. Chap. 101, Feb. 15, 1909. eo STATE 1 * SOHOOTf StSTEiaiV liaiBLATiOir; «TC., 19 W- 9 . 1 b' Vr 164 NerthDukotai Amending sec. 811, Revised Codes, 1906, relative to school . treuurer e bond and filling of vacancies. Sec. 1, chap. 204, Mar. 15, 1909. ( 19 °S> : ^ nder ^® v ' Stat., see. 4017. providing that the board of education sad sec 'IjftwT TJ^Sna t th nd K^^. 1 °* ‘11 ** ^ blic ^ools in thedistrict, ISr 3986 » authonzing the board to make such ruled and regulations aa it msydeem necessary forthe government of the schools, so far aaralee so esto b lkhed are reasonable and fsSrW calculated to insure gort^^1n?o7toe ^ydie courts.— Board of D ‘ 166 n. < lt?wi lt f )8): A. broftd . diction is reposed in boards' of education as to the “PP 11 ®?. end hence in the purchase of fuel, gradation of Q uali ty 0 * wsJ heating capacity, adaptability to (eating apparent!, and exoehe^ Ld echool 1 furnaces, are essential {acts to he considered in mnlnng selection therefor, which may render it inadvisable to accept the lowest PT 1 ^* *P d > Tu er \ lt a ^P eare the board has acted in good faith acceptance 167 Oklahoma: Authorising boards of education to construct and maintain two or more schoolhouses in certain school districts, S. B. 296, p. 657, Mar. 17, 1909. D ‘ 168 n f^“ y , ,T * n f* ( 190 ?) ; Act of June. 27, 1895 (P. L'„ 396), forbidding the wearing 169 8«nUi Hakotot Amending secs. 22, 23, 36, 59, 126; 128, and 134, diap. 80, Laws, 1907, providing for the incorporation of cities under commission. Secs. 125 and 126 referring to organization of the board of education. Chap. -67,' Feb. 19* 1909. 170 South Dakota: Amending sec. 42, chap. 135, Laws, 1907, relating to school district officers’ meetings. Removing limitation as to time of meeting. Sec. 3 ( chap. 140, Mar. 3, 1909. 171 Tennessee Charter of the city of Knoxville. ■ „ T ?^ c * i 2 ' * * * . That there shall be a Board of Education for the city to SnKSlZm"’ C1UZene ° f ** town - and not membere of the B<^d »?’ # ■ * t That the first Board of Education after this Act takpa effect shall consist of the five membera of the Board of Education of theformer corooration of Knoxville — one member from Park City elected bv the Mavnr “ Counci^men of Park Citv, anS one member yt*Z ^ 1 * *** MOakwood and Lincoln Park, elected byThe Mayor JPf ?* tJ*5 C u ty Sf Knoxville, and thereafter that the Boam of Educa- e,ected ft*® ***** of Mayor and Aldermen from die citizens Sr ffifltefive^! ““ t ° Wn byb * Uot ’ tod 1,18 tenn of office of each mem- ..“ 8 * C V 74 - Tb *t the persons who constitute said Board of Education of eaid SsL 8 * * “ l 148 a * “* u “ e this Act takes effect are hereby continued^ °Jj ‘*A* th* ?0“^ of Education provided for herein for said city of Knoxville C ?*i u, !? e “ °9>? ** ambers, of eaid Board of Education until me expiration of .the terms of the members of the said Board of Education in ^±oh°M fiU 0,6 Vt r nc r then. occuiring*The pereonscom" P^nfo?! -2^ Jf* 11 or ™°e‘ve no compewationfor their services. • ■ ■ fhe said Board of Mayorand Aldermen shall have Power to pmoibe the duties of the Board of Education and Board of Public Woda herein — and .r eguhtioP * ,or their government, and to enforce the mme by appMpr^e ordinances, except as herein prescribed by this act ADMINISTRATIVE CONTROL AND SUPERVISION. . 61 * “ jc. 76. That the Board of Education shall have chare© of all school prop- erty belonging to the city and shall direct the expenditure o? all money received from the State and county and the city of Knoxville for school purposes; Pro- vided, however, that the erection of school buildings shall be under the direction and control, of the Board of Public Works and under such regulations as the Board of Mayor and Aldermen may enact. “Sec. 77. That the Board of Education shall annually, through its President and Secretary and the Superintendent. of Schools, make to the Board of Mayor and Aldermen a full and complete statement of all amounts from the various sources for schools, and the manner of disbursements, the attendance of the schools and the average cost per capita for the different purposes, together with such additional information as the Board of Mayor and Aldermen may require. This report, together with all vouchers for expenditures, shall be carefully audited by the School Committee of the Board of Mayor and Aldermen, and said committee shah report their action in writing to the Board of Mayor and Aldermen. V ( “Sec. 76 That the members of the Board shall have seats in the meetings of the Board of Ald&rxnen of Baid city and be entitled to take part in the proceedings and deliberations on all questions relating to matters under their charge, sub- ject to such rules as the Board of Mayor and Aldermen shall from time to time prescribe, but without the right to vote, and one of said Board shall attend every meeting of the Board of Aldermen. ”• • Chap. 589, May 1, 1909. (Jan. 1, 1910.) D. 172 Tennessee (1909): Where a county board of education, under Acts 1907, S . hap. 236, sec. 10, subdiv. 4, making. it its duty to locate schools where eemed most convenient,' locates a school at a certain place so as to consolidate two schools, and ultimately three, into one, it acts within its discretion, and its decision will not be disturbed by mandamus. — State v. Board of Education of Blount County, 121 S. W., 499. 173 * Vermont: Amending sec. 938, Public Statutes, 1906, relating to the 0 f towns for supervision. * Towns having 2£ and less than 30 schools may, and a town having 30 or more schools shall, employ a superintendent of schools. Providing for discontinu- ance of unions. Secs. 1 and 4, Act 36, Dec. 16, 1908. (July 1, 1909.) D. 174 West Virginia (1909): A board of education exists only under the statute, . having only the powers given by statute, and such as are necessary to execute such express powers, and can not lease a school lot for production of oil and gas. — Herald v. Board of Education, 65 8. E., 102. 175 * Wisconsin: Amending sec. 926-115 (chap. '360, Laws, 1903, as amended by chap. 388, Laws, 1905), relative to city superintendents of schools. Authorizing boards of education in cities, excepting cities of the 8ist class, - to elect a city superintendent of schools for a term not to exceed three yeare. Chap. 86, May 5, 1909. 176 Wisconsin: Repealing sec. 925-113 (chap. 480, Laws, 1907), Statutes, and cre- ating secs. 925-11 3m, 925-1 13n, and 925-1 19m, Statutes, relative to the election ^ or appointment of boards of education in cities, and the changing of school systems and school district boundaries. Chap. 117, May 24, 1909. 177 Wisconsin: Amending sec. 546, Statutes, relative to a vacancy in the office of subdistrict clerk in towns under the township system of school government.. * Chap. 131, May 13, 1909, 178 Wisconsin: Amending sec. 925-118a, Statutes, relative to authorizing the board of education in cities of the third class to have charge of erecting school build- ings in such citied, and giving the same privilege to the board of education in . . cities of the fourth class. * - Chap. 194, May 26, 1909. : ■ m 62 STATE SCHOOL SYSTEMS t LEGISLATION, ETC., 1908-9. 1T9 Wisconsin: Creating sec. 925~^6m, Statutes, relative to the publication of the official proceedings of boards of education. Requiring publication. Chap. 249, June 1, 4909. 180 Wisconsin: Amending sec. 17, chap. 459, Laws, 1907, relative to school boards and common and high schools in cities of the first class. Chap. 281, June 3, 1909. 181 Wisconsin: Creating secs. 925m— 301 to 925m— 318, inclusive, Statutes, relative to the organization and government of cities of the second, third, and fourth classes under a commission form of government. “Sec. 925m— 317. The board of education shall continue to be elected or appointed as provided by law, and any city work done under thte direction of commissions appointed by the state shall continue to be done in the manner prescribed by law prior to the passage of these sections.” Chap. 448, June 15, 1909. (•) School Meetings; Elections; Qualifications for Voters. The enactments classified in this section relate principally to minor * and local administrative changes concerning the time and .manner of publication of notices of general and special school elections, the conduct of such elections, and the general powers and authority of district school meetings. The several measures concerning the elec- tive franchise of women are not wholly without general significance (166, 191, 195). 182 California: Amending sec. 1882, Political Code, 1906, relative to the contents of notices of election for issuance of school bonds. Chap. 301, Mar. 19, 1909. „ 183 California: Amending sec. 1881, Political Code, 1906, relative to .notice of elec- " tion for issuance of school bonds. Chap. 302, Mar. 19, 1909. 184 Colorado: Repealing secs. 5942, 5943, 5944, and 5945, Revised Statutes, 1908, ; relative to school district ‘bonds; amending sec. 5921, Revised Statutes, 1908, | relative to school elections: - ~ \ Chap. 205, Apr. 8, 1909. 185 Connecticut: Concerning biennial election of school officers. Relating to the form of ballot to be used in local school elections. [ * Chap. 68, June 2, 1909 | 186 Connecticut: Amending secs. 1029 and 1630, General Statutes, 1902^ relative to the qualifications of women voters. Extending franchise to® women to elections for directors of public libraries ; and upon questions relating to public libraries (formerly school officers and educational questions). • h Chap. 96, June 23, 1909. W Connecticut: Concerning the preparation, form, and use of ballots. Sec. 3 prescribes the form of ballot for voting on constitutional amendments or on educational questions. Chap. 250, Aug. 24, 1909. (July 1, V 19X0.) ADMINISTRATIVE CONTROL AND SUPERVISION. D. 188 Kansas (1900): The word “may,” in Gen. Stat.. 1901, see. 6122, providing that special meetings may be called by a school district board or upon a peti- tion signed'by 10 resident taxpayers, is used in its perniitwive sense. --State v. School Diit. No..l, Edwards County, 103 P., 136. D. 189 Kansas (1908): Laws, 1905, p. 659, chap. 397, sec. 10, providing that the proposition of establishing county high schools shall be submitted at the next general election in each county unless previously submitted, and thst, when “a majority of the voters voting ’ in any county shall be in favor of such projio- sition, the provisions of that act shall anply thereto, requires, where the elec- tion is a general one, a majority of all the voters voting on any office or 1^^222° at8Uch cloction .—Board of Education of City of liumboll tv, Klein, 190 Michigan: Amending secs. 17 and 20, chap. 2, and secs. 3, 4, 9, and 25, chap. 3, and seca. 4, 5, 6, chap. 10, act 164; Public Acte, 1881 (secs. 4662, 4665, 4668, 4669, 4674, 4691, 4749, 4750, and 4751, Compiled LaWs, 1897), relative to quali- fications of voters at school elections, powers of district meetings, district boards and officers, and the alteration of boundaries of graded school districts. Act 83, May 12, 1909; 191 Michigan: Authorizing women to vote in certain cases. Women possessing the qualifications of male electors and having property assessed for taxes in any part of the district or ♦errito'rv affected bv such election are entitled to vote on questions involving ex|>cmiituro of public money or issuance of bonds. Act 206, June 1, 1909. 192 New Hampshire: Legalizing the proceeding*. of towns for the year 1909; appix>" priating money for school purposes. Chap. 97, Mar. 30, 1909. 193 New Mexico: Amending sec. 1532, Compiled Laws, 1897, relating to the quali- fications of voters at school elections. Chap. 95, Mar. 18, 1909; 194 South Dakota: Amending sec. 180, Art. If, chap. 135, laws, 1907, relating to elections in independent school districts. Chap. 45, Keb. 19, 1909. 195 South Dakota: Submitting to vote amendment to sec. 9, art. 7, constitution, relating to qualifications of electors. Extending franchise to women. Chap. 138, 1909. 196 Wisconsin: Amending, subsec*. 14, sec. 430, .Statute's, relative to the powere of school district electors. Fixing length of school year at eight, previously seven, months. (See secs. 439a, 4o9b. 439cb, 439eC, and 439d, Statutes.) deleting portions relative to sex of teachers employed, and the time of school sessions — summer or winter. . Chap. 184, May 26, 1909. Wisconsin: Creating see. 430a-l, Statutes, providing for holding elections for school officcra in districts containing an incorporated village or city of the fourth class. ■ ' . Chap. 351, June 10, 1909. D. 198 Wyoming (1909): Under Rev. Stat., 1899, see. 535 et seq., relating to district • meeting of school districts, the term “district meeting” means a coming together, an assembling of the electors in a body at a stated time and place.— Parker v. School Diet. No. 4 of Sweetwater County, 101 P., 944, D. 199 Wyoming (1909): The general election Uwb of the State as to the time of opening and closing the polls have no application to school district meetings as rmiUted by Rev. Stat., 1899, secs. 535, 537, 547, 570, 57i.^-Parker v . School Dwt. No. 4 of Sweetwater County, 101 P., 944. 64 ’ «ATB SOHOOTi' 8T8TKM8 : UBQI8LATIOH, BTC., 1908-0. ". * (I) AdminiatntlT* Units: Districts, Townships, Municipal! das, stc.; Tonnsdon; DMsIm; Conaolldatioa. The most significant features of the items grouped under this head- ing may be enumerated as follows: Connecticut (207), transferring after July, 1909, to towns the control of public schools ; Michigan (220), providing for the organization of townships into single school dis- tricts; Missouri (Dr 225), pronouncing a liberal construction of a statute since “school matters are usually in the hands of persons not learned in the law;" North Carolina (233), relating to the formation of school districts; and Texas (241), providing for the organization of school districts and discontinuing the community system. There has been, during recent years, a noticeable declino in the legislative activity providing for the consolidation of school districts. The fundamental statutory device! and legal sanctions having been provided in the majority of States, the present record contains little beyond minor amendments for the improvement of administrative details. Of special interest in this conection, however, are the enact- ments of Colorado (206), Hawaii (209), Idaho (210), Indiana (212), and Minnesota (224). . 200 A laba m a: Amending sec. 6, chap, 478, Act*, 190) (see. 1692, Code, 1907) relative' to school districts. Excluding application of provisions of art from certain counties and eities. , Act 93, p. 1 15, Aug. 26, 1909 (sp. sess.). 201 Arkansas: Amending sec. 7668, Kirby’s Digest, 1904, relative to annexation of territory to school districts. Act 312, May 31, 1909. * 202 * Arkansas! Providing for the creation of special or single school districts with same powers as granted to incorporated cities and towns. Elections. Act 321, May 31, 1909. 203 California: Adding sec. 1680 to the Political Code, 1906, relating to joint school districts upon the organization of new counties or changes in county boundaries. Chap. 185, Mar. 12, 1909. 204 California: Amending see. 1643, Political Code, 1906, relating to the duties of the county superintendent of schools. Provisions concerning suspended school districts. * Chap. 187, Mar. 11, 1909. 205 California: Adding sec. 1584, Political Code, relating to school districts Em- bracing within their limits incorporated citiee or towns. ^ Chap. 478, Apr. 12, 1909. 206 Colorado: Providing for the consolidation- of adjoining school districts, and for the transportation of pupils in such enlarged districts, and for courses of in- struction in the same. Chap. 204, May 6, 1909. / 207 * Connecticut: Relating to the town' management of public schools. (See / No. 121.) / Transferring, after July 15, 1900, to towns the control of public schools./ Providing' for the election of a school committee and prescribing powers and duties* j Gimp. 14t, July 14, 1909. (July 15, 1909.) administrative control and supervision. V 206 Delaware: Amending sec.. 9, chap. 67, Laws, 1696 (ap. sen.), relating to the change of school district boundaries. Providing that real estate not included in school district^ shall be trans- ferred to school districts; prescribing conditions. Chap. 63, Mar. 16, 1909. .209 Hawaii: Dividing the Territory into districts for election, taxation, educational, judicial, city, county, and all other purposes. Repealing chap. 14, Revised Laws, 1905, chap. 3, act 39, Laws, 1905, and chap. 2, act 118, Laws, 1907. Act 64, Apr. 15, 1909. 210 Idaho: Amending sec. 615, Revised Code, 1909, providing for the creation, change of boundaries, and union of school districts, and for the attendance of pupils at schools in districts other than the one in which they reside. ; H. B. No. 70, p. 223, Mar. 15, 1909. D. 211 Indiana (1908): Under the express provisions of Bums’ Ann. Slat., 1908, secs. 0404, 6405, a “school township” is a corporation, and has control of the schools, school houses, and school funds. It is a distinct legal entity from that of the civil township.— Teeple v. State, 86 N. E., 49. 212 Indiana: Amending sec. 1, chap. 233, Acts, 1907 (sec. 6422 Bums’ Ann, Stat., 1908), relative to the discontinuance of public schools and the transportation of pupils. •Providing for the re-establishment of schools discontinued. Prohibiting the ■ discontinuance of certain schools for colored pupils. . ' Chap. 30, Feb. 27, 1909. 213 Kansas: Disorganizing certain school districts and annexing the same to other districts in certain cases Chap. 206, Mar. 12, 1909. 214 Kansas: Repealing and reenacting sec. 6120, General Statutes, 1901, relative to fixing the timo for organization of new school districts. , r Chap. 207, Mar. 2, 1909. 215 Maine: Amending secs. 94 , 94, and 97, chap. 15, Revised Statute, 1903, pro- viding for the schooling of children in unorganized townships. 4 * Chap. 87, Mar. 16, 1909. 216 Maine: Amending secs. 40, 41, 44, and 45, chap. 15, Revised Statutes, 1903, relating to the union of two or more towns for the employment of a superin- tendent .of schools. , * Chap. 122, Mar. 24, 1909. 217 Michigan: Repealing secs. 17 and 18, act 154, Public Acts, 1903, as amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9', 11, 12, 16, and 16, act 176, Puhlic Acts, 1891 (secs. 4823, 4824 , 4825, 4826, 4827, 4828, 4829, 4830, 4831, 4833, 4834 , 4837, 4858, Compiled Laws, 1897), relative to the organization of township school districts in tho Upper Peninsula. Act 7, Mar. 1L 1909. 218 Michigan: Amending secs. 4646, 4647, 4649, 4650, 4651, 4652, 4653, 4654 , 4655, 4656, 4657, 4658, 4743, 4744, 4745, Compiled Laws, 1897, relative to the formal tion, alteration, methods, and powers of school districts and to appeals from action of town boards, of school inspectors with reference to the same. Act 31, Apr. 14, 1909. 219 Michigan: Relating to the boundaries of school districts iif cities, and the bound- aries of school districts which have been fixed by legislative act. Act 86, May 13, 1909. 36582-10 5 5p$ * <3® l 220 ‘^WfM^Roviding for the organization of township school districts In the organization of townships into single school districts- for IVe^Vho^r 68 ' P0WeB ’- and dUti “ : fM the employment of "flupenn- • Act 117, May 19, 1909. 221 M !rr‘*‘, A “ e “ d 1 fa ? 86C - 128a - Revi8ed I-ws. 1905, as amended by chap. 188, Laws, 1907 relative to the change of boundary lines of school districts and tne formation of new echool districts. • Chap. 13, Feb. 11, 1909. 222 Legalizing the change of boundaries of certain school districts and bonds authorized 1 by the legal voters of such districts for the purchase of school Sreto* 1 ’ ° r bulld , ln «' l““i«hing fc or equipping one or more schoolhouses Chap. 209, Apr. 17, 1909. 223 “““Of" Providing fir the election of school officers in special districts in cities of less than 10,000 inhabitants in which the boundaries of the city are co-terminous with the boundaries of such special school district. ' Chap. 212, Apr. 17, 1909. 224 Minnesota: Providing for the dissolution and annulment of common school districts in certain cases. 001 Common school districts unableto raise by taxation at least *300 *k„ port of each school in the district bv levviJg the maxim^, STmfc delved, annulled, ana d u ntinued by the countv board •Chap. 500, Apr. 24, 1909. D. 225 Missouri (1909): A statute regulating the public School svstem amt nm . viding m Rev: Stat 1899, sec^9742 (Xnn. 8tit„ 1 W, p^aH^e for tae organiMtion of school districts, the formation of new districte P ^«!r sohdation of districts, will be liberally construed, since school mkt£i^L' ^ the hands of persons not learned in the law. State- ex rel fichnni Diet. No. 1 v. Andrae, 116 8. W„ 561. 111 ox rel - 8chot)l 226 Nebraska: Repealing and reenacting with amendments secs. 11503 and 11523 Cobbey s Ann. Stat,, 1907, relative to the formation of new school districts ’ "» -«"«<=> ~ho„' Chap. 117, Mar. 24, 1909. 227 Nebraska: Repealing; and reenacting with amendments, sec. 1, subdiv 14 - chap. 79, Compiled Statutes, 1907, reUtive to school districts in citiee. ' ’ .j • Chap. 128, Apr. 6, 1909. 228. Nevada: Providing for union school districts, their government, support, etc. | Chap. 46, Mar. 3, 1909. boards of county commissioners to enlarge the boundaries . ' . . . c W Mn school . districts or t^> consolidate two or inore into one. * ' ' I ' Chap, 83, Mar. 11, 1909. ^ N MffiTs^mt ,g r-i 89 ’ m> if 1 ”-. 1907 - Provtahig for a reorganization oi Ue system df school supervision and maidtenance. Classifying school districts into two classes. Authorizing district nf ik. a ' • Chap.227, Mar. 24,1909., r ■ v ■ ^' v ;^ 1'iil)in9QnrBATIVB sfepN^WCte IB|T^£^IBI0K %'^ X,: % %%k ..... .. - . -- 231 New J ersey: Validating and confirming de facto organisation of schooldistrieta > in towns, townships, and boroughs acting under the provisions of art. 6, Acts, 1903 (Bp. sess.), the proceedings had by boards of education, boards of estimate, . and other municipal bodies therein, and the school bonds issued or authorized v| to be issued by said municipalities. ^ Chap. 186, Apr. 19, 1909. | 232 New Hampshire: Amending in a minor manner secs. 1 and 2, chap. 89, Public • . Statutes, 1901, and defining the town school district. Chap. 23, Feb. 24, 1909. 233 North Carolina: Amending sec. 4129, Kevisal, 1905, relating to the formation of school districts. 1 The county board of education shall not create a school district containing less than 65 children of school age; amended by adding, “unless such district shall contain at least twelve square miles; or shall be separated by dangerous natural barriers from a schoolhouse in the district of which the proposed new district is a part.” * Chap. 856, Mar. 8, 1909. 234 North Dakota: Amending sec. 796, Revised Codes, 1905, providing for the legal- izing of the irregularities in the organization of school districts. ’ " * Chap. 206, Mar. 16, 1909. 235 Oklahoma: Amending pec. 5832, Statutes, 1893, relative to achoqfe in cities of the first class. Legalizing certain official acta of boards of education ; legalizing elections, in school districts embracing cities. H. B. 372, p. 555, Mar. 20, 1909. 236 Pennsylvania: Extending and conferring upon independent school districts, contiguous to cities and boroughs, the corporate powers conferred upon town- ships of'the first class by sec. 7, act 86, Laws, 1899, as amended. Act 218, May 3, 1909. 237 South Dakota: Relating to school district boundaries in cases where cities, towns, or villages, how organized under special charter, may reorganize under the general law. Chap. 62, Feb. 20, 1909. 238 South Dakota: Amending sec. JL74, chap. 135, Laws, 1907, relative to the organization of independent Bchool districts. To be organized under provisions of “article” (formerly act). Chap. 214, Mar. 5, 1909. 239 South Dakota: Empowering county commissioners and county superintendents to create school districts out of congressional townships where two-thirds of electors of said congressional townships petition therefor. . Chap. 242, Mar. 8, 1909. 240 Tennessee: Transferring \ the school commissioners of the board of education of the city of Memphis all of the public school property and the public school funds in the hands of the district school directors or the county board of educa- tion situated within the territory, annexed to the city of Memphis during the present session of the legislature; providing for the management and: conduct of the district schools in the territory so annexed ; 'and 'for the payment of tuition fees by children residing in said annexed territory who may attend the public schools 6f the city of Memphis. Chap. 458, Apr* 29, 1909. (Sept. 1, 1909.) ' * v •• ' ‘"'I l . X- . v ' .’i- ’ ’ •/ ' ' ** ' . i I* JW 241*Tb*0j Putting into effect the conrtitojfoaal amendment, adopted Nov. 1908 relutmg to public .ebook, 5jy amending eece. 50, 57, 58, 59, «0, 61, 63, 65 66* 19, 77, 78,80, 81, and 154, and by adding 164a, chap. 124, Acts, 1906, relating to school districts and school tadg. community system. Limiting minimum area ot common f*™ districts; not to contain less than 9 square miles; other provisions regard- ing the formation of school districts. “ ^ Chap. 12, p. 18, Feb. 18, 1909. 242 Texas; Putting into effect the constitutional amendment adopted Nov., 1908, relating to public schools* by amending secs. 50, 67, 58, 59, 60, 61, 63, 65, 66* 76, 77, 78, 80, 81, and 154, and by adding 154a, chap. 124, Acts, 1905, relat^ ing to school districts and school funds. Adding sec. 154a. Placing all school districts organized under special legis- lative acts under general acts relating to incorporated school districts. Chap, 12, p. 22, Feb. 18, 1909. 243 Wlsedfisifi; > Creating sec. 925-113a, Statutes, relative to the powers of electors in cities of the fourth class to change the system of school government. Providing for method of return to ordinary district system of school govern- ment. ° * Chap. 237, June 1, 1909. B. STATE FINANCE AND SUPPORT. (a) Generali. The abolishment of the office of commissioner of the school fund in Connecticut (246), the declaration of the constitutionality of act relative to taxation for educational purposes in Georgia (D. 248) the creation of the school-fund commission in Hawaii (250), the authorization of a bond issue in aid of weak school districts in New Mexico (254), the creation of the state board of public affairs in Oklahoma (250), and the measure in Wisconsin '(207) relative to the auditing of certain expense accounts, represent, the more important dealing with general financial policy toward public education. 244 Arkansas; Appropriating funds accruing from the fees for state and professional examinations of teachers and providing for the expenditure of such funds as § : provided in sec. 7530, Kirby's Digest. Act 164* Apr. 23, 1909. W® Concerning the money to which various counties' are entitled under ; theigricuftoratl appropriation act of Wty&j approved .May 23 , 1008 . forest reserve $ per cent to be expended on roads or Schools. > Chap. 2, Apr, 20, 1909. 246 Contteetknti Rektiog to tie care and management 6f tie school’ fund. Repeal- ing secs. 146, 149, md 160, General Statutes, 1902. Bsa&i *•***«■ ■ . - & ZWMmtiobufiZw a ftrAtt FINANCE* life* TOPPOBT, 247 Delaware: Amending mc. 1, chap. 11, Revieed Code, 1898, relating to the exemp* % tion of property from taxation. f property from taxation Exempting property of religious and educational institutions when not held for investment. Chap. 36, Apr. 6, 1909. D. 248 Georgia (1908): The act approved August 21, 1906 (Acts, 1906, p. 61), in . amendment of the act approved August 23, 1905 (Acts, 1906, p. 4&), is not violative of Const., art. 7, sec. 2, par/2 (CUr. Code, 1895, sec. 6884), authorising the general ^assembly to exempt certain c lames .of property mom taxation, because reciting that the tax thereby imposed for educational purposes shall be upon ‘all the property of* the county ” without making any express provision for the exemption of certain classes of property which under Pol. Code. 1895. secs. 762. 763. are exempt. s — Coleman v. Board of Education of Emanuel. County, 63 S. E., 41; 131 6a., 643. 249 Hawaii: Authorizing the deposit of territorial moneys in banks in the Territory. Act 123, Apr. 27, 1909. . 260 Hawaii: Providing for the appointment of a school fund commission. For the revision and betterment of the methods employed in the Territory for the raising and apportionment of school funds. Report not later than June 1, 1910. j Jt. Res. No. 6, p. 2i7, Apr. 28, 1909. 251 Iowa: Amending sec. 1304, supplement to the; Code, 1907, relative to classes of property exempt from taxation. . . Chap. 81, Apr. 16, 1909. 252 Iowa: Amending sec. 2812e, supplement to the Code, 1907, relative to the duiw- tion of Bchool bonds. Chap. 183, Apr. 15, 1909. 253 Nevada: Protecting the security of school bondB. Change in boundaries not to release responsibility for bonds. Chap. 91, Mar. 13, 1909. *New Mexico: Providing for an issue of bonds for common-school purposes, and defining the purposes for which the money shall be used. Authorizing bond issue of 1500,000, and providing for proceedings and condi- tions of payment. “Sec. 15. Hereafter there shall be held in each school district in the Terri- tory of New Mexico a term of school of not less than five months in duration, and any such school district that has not within its confines sufficient taxable P r 2P e . r ^ r ’ at the maximum allowed by law for school purposes, to produce sufficient revenue for such term of school, shall receive out of the fund herein created* sufficient money, in addition to that raised therein by taxation as herein provided, to enable such district to conduct a school term of five months. It shall be the duty of the school directors, of all such districts, within the Territory . to apply to the Superintendent of Public Instruction for such aasist- ance, such application to be made Upon a form prepared by the Attorney General of the Territory , giving among other things the taxable value of all property in such district, the rate levied, the salary paid, or to be paid the teacher, the number of children of school age, the number of school iildings where it is proposed to conduct school, and such other information as may be required ' either y the Attorney General or toe Superintendent of Public Instni on: sain application shall be approved by the county superintendent of schools of such county wherein such distnc t is located, before toe same is presented to * toe Superintendent of Public Instruction. If the Board of Trustees api ve such a iication it shall endorse its approval thereon^and shall certify toesame \° Jbe Auditor of the Territory, toother with toe amount to be paid thereon,* and said Auditor shaU draw his Warrant on toe Treasurer of the Territory, l Edle ^ ^>^kvorof dfatrict, an i‘ ; ; . Jjj 254 w ll %•' TION,BTO., 1906+0/ 256 New ) Providing for the distribution and application of moneys received from the United States Government as ito appropriation of the income from the forest reserves within the Territory. Chap. 119, Mar. 18, 1909. 256 Oklahoma: Creating a state board of public affairs. meml>er »i. appointment by governor; salary. $3,000; general control of buildings, supplies and equipmentlor all state institutions; S. B. 223, p. 563, Mar. 27, 1909. 257 Pennsylvania: Amending act JM, Laws, 1874, relative to taxation for public purposes of certain property. Extending exemption provisions so as to apply to hospitals, universities v colleges, seminaries, academies, etc., where the entire revenue is applied to toe rapport of and to the increase of the efficiency thereof. Act 31, Mar. 24, 1909. 268 Pennsylvania: Making an appropriation for the payment of the annual fixed charge for school and road purposes on lands held for forest reserves (p. ill. Laws, 1906). . f Act 555, May 13, 1909. 26» South Carolina: Prescribing the manner for the payment of the income from the fund of $60,490 held by the state treasurer, pursuant to an act of Congress, 1873, for the, benefit of the free public schools in certain parishes. Act.242, Mar. 2, 1909. 260 South Dakota: Amending sec. 163, art. 8, chap. 135, Laws, 1907, relating to / school bonds. Chap.. 132, Mar. 2, 1909. 261 Tennessee: Exempting leasehold estates and improvements thereon from taxa- tion in the hands of the lessee, holding under incorporated institutions of learning in this State, when the rents therefor are used purely for educational purposes by said institutions, where the fee in the same is exempt for taxation to said institution by charter granted* by the State. Chap. 24, Feb. 5, 1909. 262 Tennessee: Providing for the issuance and sale of certificates of indebtedness of the State to raise funds to me^t any deficiency in the current revenue of the State to satisfy additional appropriations made for educational purposes. Authorizing $300,000 in bonds to meet any deficiencies in appropriations. Chap, 439, May 1, 1909! 2® West Virginia: Amending and re-enacting sec. 41, chap. 45, Code, 1906, as amended by Acta (sp. seas.), 1908, relating to the auditor’s report on the gen- eral school fund. , Chap. 24, Feb. 27, 1909, 264 Wisconsin: Amending sec. 942c and subset*. 8, sec. 943, Statutes, relative tb the refu n d i n g of debts lacking the constitutional levy. Chap. 413, June 16, 1909. 1 ^ • Clno^ingp. neq.. 401m, Statutes, relative to a biennial examination of j^uixicial transactions and* accounts of the state normal schools; mdrinp 'appropriation.':' /" ;■ . ‘ ! :** • Chap. 495, June 16, 1909. 266 Wisconsin: Creating sec. 383m, Statutes, relative to a biennial examination of , the financial transactions and accounts of the state university; appropriation. BTATB FINAHOE AHD BUPPOBT. , 267 * Wtoconiln: Amending sec. 145, Statutes, relative to accounts, how verified and audited. " Section 1 . * *. * “No item shall be audited for expenses of any officer or emj » of the State or university while attending any convention or other meeting held outside of the State, unless such expense shall be authorised by the governor, or specific statutory authority exist therefor/* * * # Chap. 523, June 17, 1009. 268 Wyoming: Amending and* re-enacting sec. 6, chap. 30, Laws, 1907, regulating the deposit and safe- keeping of public money belonging to the State, or to any county, city, school, or district, or any other subdivision within the State. 'Chap; 94, Feb. 27, 1909. * (b) State School Lands. The past decade has 'witnessed much legislative industry for the protection and profitable investment of the landed endowments of public education. The noticeable decrease in the number of new school-land laws would se.em to indicate that the policy of conserva- tion had become clearly defined and operative. ' In but a few instances were significant measures enacted during the year. Excepting the general revision of the school law in Kansas (271), the proposed con- stitutional amendments in Nevada (276) and in North Dakota (278, 279), and the several new laws in Oklahoma (282-285), especially (283), the items of this group are of minor importance. ^ 269 California: Amending sec. 3495, Political Code, relative to school lands belong- ing to the State and the affidavit on applications to purchase the Sams', Chap. 350, Mp. 20, 1909. 270 Colorado: Providing for the admission of agricultural college and public school lands into irrigation districts; providing for and authorizing the assessment of agricultural college and public school* lands within irrigation districts for irri* . gation district purposes; and providing for the payment of 1 such assessment so levied' Chap. 178, Apr. 5, 1909. 271 # Kansas: Repealing secs. 6339; 6340, 6341, 6345, 6346, 6351, 6352, 6358, 6356, 6357, 6360, 6361, 6362, and 6363, General Statutes, 1901, relative to school lands. Revising the entire school-land law. Chap. 218, Mar. 5, 1909. 272 Michigan: Authorizing the commissioner of the state land office to sell sites to school districts,, churches, and cemetery associations from lands held by the State. as tax homestead lands. Act 223, June.2, 1909. 273 MltyiegOta: Providing for leasing state swamp and school lands; ’ Chap. 191, Apr. 14, 1909. 274 Mlsspnrlt Amending sec. 8169, art. 2, chap. 122, Revised Statutes, 1899, relate ing to school lands. -• Manner of securing title when original certificate is lost or destroyed. P. 617, June 10, 1909. i'V . < ■ mm Mi ^ iiY^onBliiici s UMXnujLTio^r^ kto., woe-*. ;f .£ <, ip' W;?-~ HiriKir 276 276 277 278 279 280 281 284 Nebraska* Repealing, and re-enacting with amendments, sec. 103^7, Cobbey's Ann. Stat., 1907, relative to fines for waste and trespass; empowering the com- missioner of public Jands and buildings to lease to lessee of school lands the right to conditionally remover sand and gravel from thesame. ■ Chap. 133, Apr. 2, 1909. Nevada: Proposing amendment to sec. 3, art. 11, constitution, relating to school I&ndft and fundi for educational purposes. a Cpn. Be*. No. 1, p. 340, liar. 3, 1009. North Carolina: Changing sec. 3746, Revisal, 1906, relating to trespass, in order to afford better protection to the lands of the state board of education. Chap. 891, Mar. 9, *1909. North Dakota: Referring to the next legislature amendment to sec. 168 of the constitution relative to the sale of school lands to railroad companies. 8. B. No. 114, p. 342, Mar. 11, 1909. North ^Dakota: Submitting to vote amendment agreed to by the legislature of 1 of the constitution, relative to the sale of school and public lands. of^ymg conditions for nullification of contracts for sale for nonpayment * H. B. No. 146, p. 341, Mar. 16,1909. North Dakota: Amending sec. 192, Revised Codes, 1905, relating to the collec- tion by county treasurers of moneys due on school lands held under contract or lease from the State, and providing the manner of reporting such collections to the state auditor and the commissioner of university and school lands, and prescribing the duties of the county treasurers, state auditor, and land com- missioner in connection therewith. . • Chap. 207, Mar. 5, 1909. ^forth Dakota: Giving holders of contracts for the purchase of state land the right to bring actions in tbo courts in certain cases. Provisions. •* « % Chap. 208, Mar. 13, 1909. Oklahoma: Providing for the manner and procedure in leasing the public lands of the State. # f S. B. 216, p. 440, Mar. 22, 1909. # Oklahoma:- Providing for the sale' of all the publie lands owned by the State taken in lieu of lands embraced in sections numbered 13, 16, 33, and* 36, accord- ing to the United States survey, known as “indemnity lands;** providing also for the sale of all the lands embraced in sections numbered 33, reserved by the United States and granted to the State; providing also for the sale of-the. tracts of land now platted and used for town-site purposes embraced in sections numbered 13, 16, and 36; and providing also for the sale of all the lands with- drawn from the public domain, reserved from homestead entry, and granted to the State under and by virtue of section 12 of an act of Congress approved June 16, 1906, known as the enabling act of the State of Oklahoma. . Exceptions, conditions, rules and regulations, and penalties; , \ ;. Amend. 8. B. 1, p. 448, Mar. 2, 1909. Oklahoma: Authorizing and directing the commissioners) of the land office to sell at public auction certain public school land adjacent to any incorporated dtyortown. g * ; 628, p.460, Mar. 20,1909. v & y , K Vt' v J'' - > v ‘ V' • ■. •/ • • . — ----- — eases* No.ag, Bkrtin,180e,No. 7.. r ;S.' I v-v, : ; ' S - . . ’■ •: ^ 285- Oklahoma! Providing for making available to various educational institutions the ipcome, rentals, interest, and proceed^ from certain lands, and making appropriations of such funds; designating a name by which such fund shall ^ hereafter be known. S. B. 322, p. 461, Mar. 25, 1909. 286 Oregon: Authorizing the state land board to purchase lands in school sections .within national forest reserves, and to provide for the use of said lands as base for indemnity school selections. Chap. 90, Feb. 23, 1909. 287 South Dakota: Amending sec. 2, chap. 226, Laws, 1907, relating to the sale of indemnity, common school, and endowment lands. Chap. 56, Feb. 19, 1909. ° .3 South Dakota: Relating to the drainage of state, institutional, and school lands. * * Chap. 127, Mar. 2, 1909. ^289 South Dakota: Accepting an act hereafter to be. passed by the Congress of the United States, and granting unto the State of South Dakota the right to choose and select from any public lands within the State, which are now being opened . to settlement, 62,029.40 acres, more or less, of lands for the support of the com-* mori schools of said State in lieu of 62,029.40 acres, more or less, according to government survey, of land granted unto the State of South Dakota by an act of Congress, February 22, 1889, for the support of, the common schools of said State, and of which the State has been largely deprived by the Government of the United States by the inclusion of the same within the Black Hills and the Sioux national foreetb, and authorizing the commissioner of school and public lands to make selections out of such lands as are now being opened to settle- ment in the Standing Rock and Cheyenne River Indian reservations, . and relinquishing unto the Government of the United States all of said school lands so appropriated by the Government of the United States and included within the said Black Hills and Sioux' pitional forests. Chap. 195, Mar. 5, 1909. 290 Texas: Regulating the manner and' form of making payments to the State for public lands. Defining duties of various officers And prescribing method of keeping* accounts. Repealing art. 4046, Revised Civil Statutes, 1895. ’ Chap. 16, p. 429, May 12, 1909. (Sept. 1, 1909.) 26l Vermont: Ceding to the United States exclusive jurisdiction of the land in /Burlington acquired from- the university and the. State agricultural college. Act 207, Jan. 25, 1909. ki (c) Permanent State School Funds: Composition and Investment. The general statement already made concerning state school land legislation would apply with" equal appropriateness to permanent school fund legislation. Alter singling out the general pronounce- ment of the supreme court of Kansas (D. 295), and the Montana (298, 2Wjr andt Texas (303) enactments, the remainder of this group involve minor administrative detail only. 292 California: Providing for theiri vestment of the moneys in the estates of deceased persons fund, and also providing for payment of interest received into the state v schoolfumL • ■ /■;•■ -. ", ' Chap. 48, Feb. 22, 1909, . * . , ' # •* ■ I k f. ***** 8CHOOL 8T8TBM8 : LMMLATTON, WTO., 1908-0. " 998 Idaho: Amending eec. 1587, Revised Code, 1909, relative to the investment of the permanent educational school funds of the State, and imposing duties on Bchool district officers and providing a penalty for violation thereof. S. B. 154, p. 373, Mar. 16, 1909. D ’ ( !w ) L^ 8 1 U Hr? le K“ lati vePower the people have is vested in the has the same power to direct or control the permanent sEiBi - »»-► D ' A * «““*:* **; 8 - "«c. 3, expressly provides for the invest- hh^d Ki^ tl, I f. r ^? n ® n J ^L 00 L f V, n 2' t J“® provision thit it shall not to dimin- mtere ®t shall be inviolably appropriated to the common schools. obviptiBiy does not contemplate that the fund shall never be dimin- T made IV* 00 * faith * and - eince lo«es from invest- S V“ d to there mu8t ^ power to authorize a compromise liwncel lOO^ 485 d • P ° Wer 16818 ^ the legislature.— State v.City of 296 Minnesota: Amending eec. 790, ReVised Laws, 1905, relative to special tax levy lor the payment of municipal indebtedness to the state school fund. Chap. 94, Mar. 24, 1909. 297 Missouri: Appropriating money for the payment of interest on the certificates of indebtedness issued and held in trust foi the state school and seminary funds curing the yean* 1909 and 1910. P. 48, May 11, 1909. 298 Montaha: Amending secs. 788, 2196, and 2197, Revised Code, 1907, concerning the investment of the funds of the state normal school, permanent university funds, permanent agricultural college, and permanent school funds. Chap. 76, Mar. 4, 1909. * 299 Montana: Providing for the deposit and disbursement of money received from the investment of the. permanent funds of the state educational institutions and from the leasing of lands granted by the Federal Government to such institu- tions, to be known and designated as the “ interest and income funds ” of each of such institutions; reducmg the appropriations from the general fund; pro- viding for reports by said educational institutions of all moneys received" from appropriations made to them under the laws of the United States. Chap. 120, Mar. 8, 1909. 300 Nebraska: Repealing, and reenacting* with amendments, sec. 2, chap'>80 Com- * P lled Statutes, 1907,- relative to investment of school funds. * , Chap. 129, Mar. 30, 1909. 301 North Dakota: Amending eec. 155, chap. 4, Political Codes, 1905, providing for the investment of the pehnanent school fund. ’ Ctop. 106, Feb. 26, 1909. 302 West Virginia: Amending serial eec. 1701, .Code, 1906 (sec. 66, chap. 45) relating to the investment of the endowment fund of the university. ’ Cliap. 22, Feb. 27, 1909. Tms: Amending secs. 2, 3, 4, 5, and 6, chap. 124, Acts, 1905, relative to the investment of the permanent school fund. ' b ?f rd ° , .® du « lti oi» of bonds of the United - States, the State, th% bonds of counties, of independent school districts and of the . bond ® 0f ,“ y incorporated citjCto^tWnds Miy co * unty 1111(1 °t an y drainage, irrigation, navigation, and Iovee district of any county or counties of the 8tate. * 9 . y Chap. HO, p. 216, Mar. 24, 1909^ lr , aT . ‘I Vi "T" 8TATB FINANCE AND SUPPORT. *■'/* ■■■■i 304 Wisconsin: Amending sundry sections of the statutes, repealing sundry sections, and creating new sections relating to fish and game. ' One-third of fines for violations to go to school fund (sec. 4567m). Chap. 525; June 17, 1909. (d) State Taxation for School Purposes. Each of' the items brought together within this group are signifi- cant of a nation-wide tendency of utilizing the State as the chief tax- ing unit for educational purposes. Mftine (305) doubled the state tax for common schools, Oregon (307) passed a county school fund law containing several progressive provisions, and Tennessee (308) established a general educational fund, the governing provisions of which are regarded of sufficient importance ’to warrant presentation in full. 305 # Maine: Relating to the common school fund and the means of providing for and distributing the same. (Additional tax. Increase frgm one and one-half to three mills. See Chap. Ill, Laws, 1907.) “Sec. 1. A tax df one and onedialf mills on a dollar shall annually be assessed upon all of the property in the state according to the valuation thereof and snail be known as the tax for the support of the common schools. “Sec. 2. This tax shall be assessed and collected in the same manner as other state taxes and shall be paid into the state treasury and designated as the common school fund. “Sec. 3. One-third of this fund shall be distributed by the treasurer of the state on the first day of January, annually, to the several cities, towns' and plantations according to the number of scholars therein, as the same shall appear from the official returns made to the state superintendent of public schools for the preceding year and the remaining two-thirds of said funa shall . be distributed py the treasurer of state on the first day of January, annually, to the several cities, towns and plantations according to the valuation thereof as the same shall be fixed by the state assessors, for 'the preceding yetfr.” - Sec. 4.* * * *. Sec. 5. * * * Sec. 6. * * *. Sec. 7. * * *. (Provisions of act not to affect secs. 124, 125, 126, and 127, chap. 15, Revised Statutes, or sec. 2, chap. Ill, Laws, 1907.) -• Chap. 177, Mar. 31, 1909. 306 Missouri: Submitting amendment to sec. 11, art. 10, constitution, relating to revenue and taxation. Increasing limit of minimum tax rate for school Con'. ,es. No. 10, p. 911, 1909. 307 & * Oregon : s Providing for the raising of school funds in the several counties and - school districts in the State and for the distribution of the same; amending sec. 3371, Bellinger and Cotton’s Annotated Codes, as amended by chap. 96, Laws, 1907 ; and amending sec. 3374, Bellinger and Cotton’s Annotated Codes, as amended by chap. 99, Laws, 1907, relative to county courts levying taxes for school purposes. “Sec. 1. That Section 3374 of Bellinger and Cotton’s Annotated Codes and Statutes of Oregon as amended by Chapter 99, General Laws Oregon, 1907, is ' hereby amended to read as follows: For the purpose of creating a county schobl fund, the county courts of the several counties of this State are hereby required , to le vy , at the aame time they levy other taxes, a tax for school purposes upon ■■■£*/ a ■ ■■ ' m >m , 1 1 ^ 76 STATE SCHOOL SYSTEMS: LBQI8LATION, ETC., 1906-9. \ ’ •Utte taxable property of the county, which aggregate an amount which ih.ll c *?f ta fof e * ch “ d «ilUieMchildren within the coumty between the am of four aacUwenty, as shown by the then preceding srhorX census, which shall be collected at toe same time, in the same^manner^nd bv the same officer a. other taxes shall be collected; protJthaTZper ramut so levied m «ny county shall not be lew than the per capita amount* of too school to* levied in the cdunty for the year 1903. • amount of j f: , * n case a district does not levy a special tax of at least five milla on ^ for maintenance for the ensuing year or that will produce ah amount £U^H^S t H°lf 1Ve **2 fi Btrict for 8Uch maintenance the difference betweenthree h “ n dred dollars and the amount received from the county school fuZl™. ud^untv Jh 011 ! 011 1 oft ?* 5°*’ or Wl8 ^ re P° rt lho *ame to the county clerk JP d 5°i lnty , “i. h BU P9nntendent as required in Section 4 of this act it shall be the duty of the county, court of the county in which said district is' located to ar-AS-Sf wni* “'T- 0ther ***“’ * to* on all the taxable property of ■aid district that will produce an amount sufficient to give to the disiriet for maintenance for the ensuing year (he difference betweenthree hundred dollars and the amount received or to be received by said district f^the cSc W fe‘ h r,° , n “ii. 00 fund “ Provided for in Section 1 of this act;. pnvided' th ?‘ 8 ®"5 h „ le ^ y V the county court shall not exceed five mills on the SoIIm' 8*0. 3. In case the amount apportioned to any school district from the ? ro ytd|d for in Section 1 of this act, and the special district UHhe sum P o? three Si}*?? 2 of ‘ hia do “<* amount in'rtel^te f h i v d !?d d olla™. the county court of the county in which from 1 “ 1 *? on the first Monday in October of each year transfer from the general fund of the county to tho special school tax fund of such district ^ h “. a r Unt Sf Tl b - e “.eeewary to male said sum of three hundred doC. The county court shall include in its annual tax levy for county purposes a eutoient amount to meet the requirements of this section. y pur P 0#es a S*c. 4. It is hereby made the duty of all school clerks to report to their pective county clerks and also to their respective county superintendents on ^“ f “ re . Dec *mher 10 of each year the amount of tax levied by^beir^Uve districts for maintenance; and, also, the amount of tax levy made bv their dia . ■ act aud report the same to the county court: andne shall also on the third Mnn fe 1 tel X? ^ ^ 4 to mLtThe ^uiremln^oi «!?* 3 of this act and report the Bame totNfounty court. • ro.!m5 C K,,o In .- a J0,nt di8trict . toe amount of tax to be levied as re- quired by Section 2 of tins act, and the amount to be transferred as reauired bv =1?^“ K l’ ^ allbe in 8 v ch mto. to the wholeamoun?to b^lcv^d or fram^emd for-auch district as the assessed valuation of such district lyine within the county bears to the assessed valuation of the whole district y 8 StAtntM 7 i n bat Sw?tlon 33] 1 of Bellinger and Cotton's Annotated Codes and ?*?‘ ut f 8 i? f 0 "*° n 88 amended by Chapter 96 of the General Laws of oTecon 190T, is hereby amended to read as follows: Districts shall not be entitled to Jroi Proportion ofthe county school fund at the disposal of the county super? re P° rt to him within fifteen days after the^nmial schod meeting, and shall have had a school taught in todr district at U^t six months in each school year; provided, that a new district ahallnot bereouhw) to UU8ht> “ a,0re8aid ' ,0r 8pace ° f — y"m theTto d tSntfSiS? aPPly t ° 1,16 801,001 ye “ mo w. m 8 “ C - *' * * * Chap. 128, Feb. 23, 1909. . 8 tom? 1 *?? to the improvement, unification and extension of the svs- R oae ^‘^^to g. more equate support to public schools of aUgmdes aneffor !n e i’ Urpo ? of o*tonding the benefits of the school system m^^’iSlv to « ,^P2?' counties, anddistricts of the State!* General Educat?oh F^nd - ffl ^ t ^rT^ i8l,ereb r,’ c * ated f aad to the year oteSd nSe li ndretl nine and annually thereafter twenty-five per cent of the gross &L STATE finance and support. 77 revenue of the State shall be paid into thisGeneral Education Fund to he apportioned as hereinafter provided i and tl^XmgptroUer of the Tresauiy shall piaa. and ho is hereby directed to pass, on thefiSt day of January andX fast aay of July of each and every year, to the credit of said Ge^ Huatta the amount due thereto according to the provisions of this Act and to distribute the same as hereinafter provided. ’ ,na w „• S v C ' a' Be e fY u, f d < That sixty-one per cent of the General Educa- Cs 8ha “ * apportioned to the several wuntW the State according to scholastic population, as the interest on the permanent ® apportioned and for the same purposes. ‘ Sac. 3 .Be tt further enacted. That ten per cent of the General Education fnnH d t P 7 V,d ^i by ^ “ Act ? nd the >* hereby, set aside as a special fund to bo used and expended for the purpose of more nearly equalizingthe common schools in the several counties of theState, the same to be apportioned .among the several counties of the State by the State Board of “Con in accordance with the Provisions hcreiryifter set forth. that K ore „ an y c ?wnty shall be eligible to receive any portion of this ten per cent of the (general Education Fund provided by this ActTitt shall levy for public schools, including the school taxes levied by the State, and ex- hlmdiSi 1 ? if f ° r ? ubhcblRh Khoo]B t a of not less than forty cento on each b “? I^ doU ^-i of able f of lwo Mbit on eacn taxable poll P nvile 8® t**** which the laws of the State permit counties to levy for school purpose; and, provukd, further t th&t this special fund of ten per cent general Education h und provided by this Act shall be apportioned counties of the State that comply with the provisions of this section of this Act in proportion to their scholastic population and in inverse rotio of the taxable pmperty of the several counties to scholastic population, and to be dis- nrmlliwl °J? er comin,? int *> the Trustee’s hands are distributed; prendre/, Air/Arr, that, before any apportionment of. this ten per cent is made there shafl, for the year 1911 amf annually thereafter, first be^uciedf^nU such an amount as may bo necesstfry to pay a portion of tire salaries of Countv Superintendents of Public Instruction, as provided in Section 4 of this Act. ^ Be That for the. year one thousand nine hundred and eleven and annually thereafter, before appropriating the ten per, cent of Edu ? at > on Fund provided in Section 3 of this Act, the sum of thirty- bundl1id ^ oI [ ($33,600) of the ten per cent mentioned in th K A 1 ? K 0r 80 “ ma y b® required by the provisions of this «jction, shall be set aside to assist the several counties of the State to pay morqadfqpate salaries to the County Superintendents, and that there taavbe more competent supervision of the public schools. Each county in the State Sr 0 " 0 fr0m '. hi8 ,U , nd - H! b *W id « tho ^ountySuS tondent, an amount equal to that which w paid by the county; provided, that no county shall receive from this fund for this purpose more than |350 in any one year; P r °'’ded, further .that any County Superintendent receiving the maxi- r t f? 350 i fPO ? th “ fu o da8 horein provided shall devote allhis time to too duties of the office for a period not less than nine months in the year, and he ma y be required to devote thereto all his time for the entire year/ Provided, further, that not more than half the amount apportioned to any county under the provisions of this section of this Act shatfbepaid to «i3 ronStv ^K Ul i “ « re P°r t8 re S“ lred °J the County ■ Superintendent and other county school officers have been mado accurately and satisfactorily, and untU ' faithfully performed Ulfe< °* the 8u Pe™“endent by law* have been * d \ a ?P° k rtion, r d i° ft “y county under tho previsions of this Section of this Act shall be paid by the Comptroller V»n the certificate of the State Superintendent of Pun hr InRimrimn o I as t. i • • schools as hereinafter provided. • - „ * * d y l y °f §tai te Board of Education to grade all high schools now established and maintained or that in the future may be established and maintained under the provisions of the county high-school law? to prescribe their minimum courses of study, requiring the elements of agriculture and * . I v* ••.' -..-vr-OV *«' v> BTATfe SCHOOL SYSTEMS * LBGIBUATION, ETC*, l&OS-Q. "'Under such regulations as may be prescribed by the State Board of Educa- tion. all qualified public county nigh schools may receive assistance from the fund provided by this Act and this section of this Act in proportion to the amount of money received by the several schools from other sources and ex- pended annually for the payment of teachers' salaries and incidentals, net including permanent improvements of grounds or buildings; provided that ho county may receive in any one year more than ono-fiftieth part of the total fund provided by this section of Uus Act for that year, and that no one school snail receive from this fund more than one-third the amount received from other sources and expended in that year for its maintenance, not including any amount expended for permanent improvements. “6 If applications for assistance under the provisions of this section of this Act shall be made in such way as may be prescribed bv the State Board of Education, and all payments shall be made on the certificate of the President and Secretary of said Board. ‘‘All teachers in the public county high schools receiving aid from this high- school fund under the provision* of this section of this Act shall be examined and ^censed under regulations proscribed by the State Board of Education and said Board is hereby empowered and instructed to make rules and regu- lations for the examination and licensing of such teachers. The State Board of Education shall have the power, and the same is hereby authorised ; to em- ploy an Inspwtor of High Schools, at such annual salary as it may determine his salary and traveling expenses, when engaged in the work of high-school wj^tion or the performance of other related duties assigned him by tfnrStato u o ’i Ca V° T n » 10 1)0 R? id ? ut of the hi « h ^hool fond herein provided Said High School Inspector shall have his office in the office -of the State Super- intendent of Public Instruction, and shall give his time to the insnectionof high schools in the State and such other related duties as may be assigned him by the State Board of Education, and shall make reports of his work and of the conditions of the high schools of the State as required and directed by said Board. Any .portion of the high-school fund of any jr* ar provided by this Act and this section of this Act that cannot be apportioned to the public high schools of the State without exceeding the ratio to income of such schools as provided in this section of this Act shall revert, to the school fund provided in Section 2 of this Act and be apportioned as therein provided, T hat °“« Pe r cent of the General Education I; und. provided by this Act shall be used to encourage and awist in the estab- * ftnd maintenance of libraries in the public schools as herein provided o* * i? n ,? ve - th ? P* 11 ™ 18 fronds of any public school in any county of the State shall raise by private subscription or otherwise and tender to the County Trustee, through the County Superintendent of Public Instruction, the sum of twenty dollars ($20} or more toy the establishment and maintenance of a library for that rohool said County Superintendent shall notify the State Superintendent of Pub he Instruction, and, upon the certificate of the State Superintendent of Public Instruction, the Comptroller of the Treasury shall pay to the Trustee of said county, out of the fund herein provided/a sum equal to half that raised by private subscription or otherwise, to be added to the library fund of said school; and whenever ten dollars ($10) or m<*ro shall be raised by private subscription or otherwise lo suppiement a library already established under the provisions of this section of this^ct, said library may In like manner receive from the fund herein provided a sum equal to half the sum so raised. . 8 \ aI1 receive in any one year from this fund more than twenty dollars ($20) for the establishment of a new library, or more than u 2°“ a 2 $ l 2 > to assist m supplementing a library already established. rrovtM, further, that in distributing the funds under the provisions of this section of this Act preference shall be given to applications coding from coun- ties which have not previously received their' proportionate part of this fund according to scholastic population. .And, jffovided,furuusr t that preference shall. 1>e given to applications for ? ew frfrfarfes rather than applications to assist in supple- menting libraries already established. *r of S® St f t t B <* rd of Mocadbii to make and caiwe to to published through the office of the State Superintendent of Public Instruc- tion rules and regulations for libraries established under the provisions of this section of this Act d lists of books from which purchases fog ~ . ■ I — STATE FINANCE AND 8UPP0BT. «&id libraries may be made with money received from the State as herein pro- vided and arrange for the purchase of such books at the lowest possible prices. All libraries receiving assistance from this fund shall comply with all the > . regulations made by the State Board of Education, as herein provided. All money received from the State to assist in establishing or supplementing a ♦library under the provisions of this section shall be used to purchase books on the approved lists aforesaid, and no books shall tie purchased at a higher price than the price in said approved lists. All purchases of books shall he reported to the County Superintendent, and a list gf the same shall be attached to the warrant issued in payment oi the same; and no commission shall be allowed the County Trustee on library funds. • “ One-fifth of the amount accruing annually for school libraries under the { >ro visions of this Act may be used for the purchase and maintenance of eircu- atin& libraries for the public schools of the State under ihe joint direction of the State Library and the Department of Public Instruction. “Sec. 7. Be it further enacted. That thirteen per cent of the General Edu- cation Fund provided by this Act may be used for the establishment and main- tenance of Normal schools solely for the education alid professional training of teachers for the elementary schools of the State, as herein provided. One Nor- mal school for the education and professional training of white teachers shall be established and maintained in each Grand Division of the State, and shall be open and free alike to white nudes andifemales resident in the State of Ten- nossee; and one Agricultural and Industrial Normal School for the industrial education of negroes and for preparing negro teachers for I ho common schools shall bo established and maintained, and shall lie open and free alike to negro males and females resident in the State of Tennessee; but no person shall be admitted to either of these schools who is under sixteen years of age and who has not finished at least the elementary scluxil course pre«'ribed for the public schools of the State; nor shall any person be admitted to either of the Normal schools for white teachers who does#>ot first sign a pledge to teach in the pub- lic or private schools of t^e State of Tennessee, within the next six years after leaving the school, at least as long as he or she has attended said school. \ “ Each sohqol established fend maintained under the provisions of t his section of this Act. shall have connected with it one or more practice and observation schools, in which shall be taught ut least all the subjects prescrilied for the primary schools of the ^tate; and t ho Count v Boards of Educat ion of any county, or the District Directors of any school district, or the Board of Education of any inctuporated city or town having a special school system under the pro- visions onts charter/may, and the same is hereby empowered to, contract with the State Board of ^duration to provide for the teaching of children of pub- lic-school age in such practice and observation schools, and to pay to the said Normal school all 6r any portion of the public-school fund belonging to such county, district, or incorporated city or town, os agreed upon by the school authorities of said county, school district, or incorporated citv or town, and the State Board df Education, as in the case of consolidated schools under the provisions of the /State school law. ‘‘The principals and instructors in the Normal schools for the education and training of white teachers may be required to assist in conducting Teachers!. Institutes in apy of the counties of the Grand Division of the State in which said school is Ideated. “ Promded, tjhat no principal or instructor may be thus required to assist in institutes mor£ than six weeks in any one year. “ Provided, further, that no more than two members of the facidty of any Normal school may be required to be aty&nt from the school for this purpose at the same tjme. “ And, protnded, further, that all such service shall be performed without ad- ditional payi except that (necessary traveling expenses and hotel bills while engaged in this service shall be paid out of the funds of the Normal school. • “ A certificate of graduation from any one of the said Normal schools shall entitle the holder thereof to teach in any of the public schools of the State without further examination for a period of four yeare from the date of such certificate: ’ Any such graduate who completes within the said period of four years such additional courses of reading and study as may be prescribed by the State Board of Education and shall pass the required examinations in the same and has. proven his ability as a teacher by teaching acceptably not leas than fifteen months within this period may, upon application' be grunted a per- manent license to teach in any of the public elementary schools of the State. , '“The cow** f study and the rules and ragnlatiom* 1 bathe same for all the aald Norm&l schools, with such minor modifications for any school as may be required by “local conditions: provided, that such courses of study shall include instruction in ordinary English branches, in vocal music, drawing domestic science, manual training: elements of chemistry, physics, and biology; the elementary principles of agriculture, horticulture, and home eco- nonucs; and in the history, principles, and methods of education; and, pro- Vld T^V xth f r ^ that coursea of ^udv for the Agricultural and Industrial Nor- mal School for negroes shall be of such practical nature as to fit the conditions and needs Of their race. \ “The general management and control of all Normal schools established and maintain**! under the provisions of this section of this Act shall be vested in the State Board of Education; and the said State Board of Education shall have power to employ a bookkeeper, whose duty it shall be to keep the accounts of the Normal-school funds as directed by the Board, and the salary be fixed by the Board and paid out of the Normal-school fund herein provided before <, a PS ort i oxl ? leilt to 8ever *l schools and on the warrant of tie Comptroller. AU^schools established under the provisions of this section of this Act shali be located by the State Board of Education: and in making such locations, said Board shall take into consideration accessibility; centralnees of position, hehlth- iulnesB of location, cheapness of living opportunities for arranging for suitable v - Practice and observation schools, and the value and usefulness of offere of dona- tions of grounds, buildings, money, etc* . “ addition tfc any accepted donations of land, money, or building**, the income from the fund provided by this Atft and this section of this Act for the veare one thouspd nine hundred and nine and one thousand nine hundred and ten or any portion of the same may be used for buildingB and equipment. f One-seventh of all the funds derived in any yoar from .the provisions of this Acj and tms section of this Act shall be apportioned to the Agricultural and Industrial Normal School established for the education and training of negroes indtheremm^ six-sevenths shall be apportioned equally among the schools established and maintained for the education and training of white teachers m the three Grand Divisions of the State; but all moneys received by any one of the Normal schools established and maintained under the, provisions or this Act from any other source than from the fund 'herein provided to be paid out of the gross revenue of the State shall, under the direction of the State Board of Education,' be accounted for and paid into the treasury of the State, to be placed to the credit of said school. ’ ‘‘It shall be the duty of the Governor of the State to call a meeting of the State Board of Education within Bixty days after the passage of this Act for the purpose of taking such steps as may be necessary to carry out the provisions of this section of this Act, looking to the location and establishment of these to the opening of the same at the earliest date practicable. . it i,?' 1 disbursements of money under the provisions of this Section of this Act be made on the certificate of the President and Secretary of the State" Board ^of Education, by the Comptroller of the Treasury, in the manner pre- B^ned by law for the disbursement of money to charitable institutions. .Sbo. 8. Be it further enacted, That for the year one thousand nine hundred and TOe and annually thereafter seven per cent of to General Education Fund provided by &is Act shall be, &nd the same is hereby, appropriated to the UniveMty of Tennessee, to be used for the maintenance and improvement of me same, as th^head of the public-school Bystem of the State, as the General AssembJyof tpe State may from time to time direct by resolution or enactment, ^ ^ Board of Trustees of said University may elect. *** per 5?®^. but not l 6 ** ^ thousand doHara ($10,000) 'WWW of the amount herek apportioned to the UMVenrity of Tennessee °’ th l and Horticultural Experi- ment Stetson and Model Farm, located In Weet.Tenncajes, and five per cent, ■ teit-topt feas than fl,ve thousand dqljate annually, for tfne maintenance 'ol tfve aKricultinal .experijtoenfei in Middle Tennessee, ^ “Ot exceeding five pet cent ol the sum ap^oned'Cfe to thTlKdty '■ ,, -- J * •>'- .. .. . . . • • •. i • s •• >* .’t }i mm ,m * Sec. 11. • * • Chap. 264, Apr. 27, I960. D. 809 Texas (1909): Const., art. 7, sec. 3, provides for an annuel si*'te tax of such an amount not to exceed .20 cents on the $100 yaliiatiwu, as, with other available school rands, will be sufficient to support the public free schools far not lees' than six months in each year, and that the legislature may provide for the for- mation of school districts in counties and may authorise an additional {annual ad-valorem tax within euch districts for school purposes, upon vote of the tax- payers, not to exceed in any one year 20 cents on the $100 valuation, but that the limitation upon the amount of district tax shall not apply to incorporated cities or towns constituting separate and independent school districts. Held, that an independent school district incorporated for school purposes only. the full amount pennitted by the itution, it had exhausted its power* to tax for school purposes and an election held to determine whether art addi- tional school tax should be levied was void .—Jenkins v. De Witt, 116 8. W., 610. (e) General Apportionment of State School Funds; Special State Aid for Elementary Education. The distinction between, the^ enactments classified under this heading and those .placed under “St&fe Taxation” is more or less formal. The ultimate purpose of the measures in, each case is to equalize, on the basis of need, the benefits oft public education, and to distribute more evenly, on the basis of ability to pay, the resppnsi- ^ bility for its support. Frdm one point of view, the measures relating to special state aid fon elementaiy education— Connecticut (313)* * Maine (319), Minnesota (320), Nebraska (321), New Hampshire (323), Nprt^ Carolina (328), South Carolina (333), Tennessee (335), Utah (337), and West Virginia (341)— may be given high rating as factors for mcresising the efficiency oi for at ' the bottom ' the . problem bl ifee - common school, especially of the common school in non-urban districts, is one of ^nanee; and any principle of public finance, or any device of taxation that increases •4 BTATB mtA»6M-JMD>0(TPPonn-r , v V “ Provided, further, that tuition In the academic, engineering, agricultural, and educational departments of the University shall be free to all qualified white students who are dtiaens ok the State of Tt ee, or whose parents or guardians are dtiaens of the Stifle of Tennessee: but nothing in this section of this Act'shall be construed in such way as to afreet or modify the existing laws in regard to State scholarship students of African descent in the Industrial Department of said University. ‘ 9/ Be it further enacted , That all schools receiving assistance under the provisions of this Act shall be recognized* as essential parts of the system of Public Education of the State of Tennessee, and annually, on or before the fint day of August, the proper authorities of each shall submit to the State Superintendent of Public Instruction a report in regard to the work, develop- ment, and progress of the school during the year ending with the thirtieth day of June next preceding, and a clear and itemized statement of all receipts and expenditures for the same period. “ Sac. 10. Be it further enacted , That Chapter 637 of the Acts of 1907 and all laws and all parts of laws in conflict with this Act shall be, and the same are hereby, repealed. 7 ’ 3SK ; V ftm SOHO^-'BTlBiMfr:- LEGISLATION, *KJ., -#. . Sfv m it/ i;.-' ' i*.. j •■ ment of elementary and secondary* schools may be estimated as of worth in the welfare of every State. 311 Callforata: Adding sec. 1622a, Political Code, 1906, relative to apportionment of school funds. „ Special provisions to meet deficiencies, for payment of salaries and other expenses. Chap. 404, Mar. 24, 1909. 312 Connecticut: See enactment No. ItO. 313 Connectleutr^lepealing chap. 102, Public Acts, 1903, and chap. 216, Public Acts, 1907, relative to support of schools. Towns having assessed valuation of not more than $l,750j0G0 to receive state aid . sufficient to enable the expenditure of $25 for each child in average daily attendance (formerly, 1903, towns having valuation lees than $500,000; 1907. lsssathan $1,000 . State aid conditioned upon the levying of graduated minimum tax' A to be expended for teachers* salaries only. ^ X Chap. 242, Aug. 24, 1909. 314 Delaware: Amending sec* 7, chap. 219, Laws, 1899* relative to the provision of graded school facilities for the children of the State. ”W7I * j by ing to the city of Wilmington provisions of act relative to the payment L6 State of tuition of children attending schools from outside of district. Chap. 85, Apr. 19, 1909. 315 Delaware: Amending secs. 5 and 6 > chap. 219, Laws, 1899, relative to the pro- vision of graded school facilities for the children of the state. Increasing the amount of tuition paid by the State for nonresident pupils from $15 per year, or proportional part of $15, based on attendance, to 20 cents for eadi aay V attendance. "S . . ‘ % * Sec. 2, chap, 86, Feb. 25, 1909. D. 316 Florida (1909): Const., 1885, art. 12, sec. 7, provides for the apportionment. of the state school funds, and contemplates only an ai and distri- bution on the basis of counties as units, and not on the baftis of particular schools * ~aws, 1905, p. 32, chap. 5381, sec. 1, making certain schools endance of 80 per cent beneficihries of the act, 9 is uncon- of Public Instruction for Santa Rosa County v. Groom, with an av< stiturional. 48 So., 641. 317 Maine: Amending sec. 16, chap. 15, Revised Statutes, 1903, relative to with- holding of school funds from delinquent towns. Defining more accurately conditions for withholding state school funds ^from delinquent towns. . Chap. 59, Mar. 11, 1909. 318 Maine: Amending sec. 42, ReVised Statutes, 1903, as amended by chap. 101, ' 'Laws, 1907, relating to state aid for town school supervision. Special provisions concerning state aid to supervisory districts containing t more than 50 schools. Chap. 120, Mar. 24, 1909. 319 * Maine: Relating to the equalization of school privileges. ' . ; , “Sac. l. The ^ shall immediately, alter the first ten per,cent^jw4tP spp^rtionmen^ of thiifjis^eehool funds for the preceding STATS' FINANCE AlTD 8UPPOBT. 88 ' titled to receive shall be paid by the treasurer of state at the same lime and in the same manner prescribed for the payment of state school funds. The state superintendent of public schools shall annually, on or before July first file with the treasurer of state a list of towns entitled to receive the benefitaof this act. The first appointment under the provision of this act shall be made immediately after the first day of July, nineteen hundred and ten. “Sec. 3. All of the school equalisation fund not distributed nor expended dmrui^ the financial year shall at its dose be added to the permanent school Chap. 198, Apr. 1, 1909. 320 # Minnesota: Amending secs. 1417, 1421, 1423, Revised Uwb, 1905, relative to state aid of public schools. Increasing annual maximum state aid as follows: High schools, $1,500 to ' $1,750; graded schools, $550 to $800; sqjnigraded schools, $250 to $300; common schools, $125 to $150 (tor schools m charge of a teacher holding a firet-grade state certificate; $100 for schools in charge of a teacher holding a second-grade Btate certificate). y Chap. 334, Apr. 21, 1909. 321 ^Nebraska: Repealing, and reenacting with amendments, secs. 11549, 11550, and 11551, Cobbey’s Annotated Statutes, 1907, relative to state aid to schools jjn weak districts. Providing a method for the determination of the amount due each district by the county superintendent. Reducing stipulated school session from seven to five months. Omitting provision relative to minimum salary ($30) of teachero. “Sac. 4. To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expenditures of the district for , the cuftent year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus twenty-five mills times the assessed value, plus the estimated apportionment of state school funds. If said district will not receive any a mment of money from the state school fund, then said apportion- * ment shall not be considered in estimating the income for the current year. The estimated expenditures for the current year shall not be the amount neces- sary to maintain school five months; said estimate not to exceed two hundred £nd seventy-five dollars ($275.00).’’ Chap. 119, Mar. 29, 1909. 322. * Nevada: Providing an emergency Vhool fund for new school districts, proscrib- ing its use and manner of disbursement, and other matters'properly connected therewith. . t * Establishing an annual emergency fund of $3,000. Providing for distribution* .Chap, 20, Feb; 13, 1909. 323 *New Hampshire: Relating to the support and encouragement of the common schools. _ . 11 Sac. 1. No appropriation of money provided for. in sections 2 to 3 inclusive , of this act shallbe neld to apply to towns having an equalized valuation of more than $7,000. per pupil of average attendance for the year preceding; or whose • y the last published federal, census is more than 3,500; or whose - schools have been maintained less than an average of thirty #eeks for the school year next } seeding; or whose tax rate tor school mirposes is lew than $4.50 on one thou^d dollaisof equalized valuation; p *?, Aou^er,that the last two clauses shall not be in force until July 15, 1911. “Sec. 2, There shall annually in the month of December be apportioned to all towns not excluded by the terms of section 1 and as hereafter provided state money as follows: “I. To all towns having an equalized ablation per pupil of average attend- -1 I’ ' t: ■ %y. : P : 8TATB BOHO'( f'BWTEMB'! 'tk^^aOJX^ 1X0., l9W~9. * “III. To alh towns having an equalized valuation per pupil of $3,000 or more and leee than $4,000, $1.26. * ■ 41 IV. To all towns having an equalized valuatipirper pupil of $4,000 or more and less than $5, 000, $1.00. * f “V. To all towns having an equalized valuation of $5,000 or more' end less than $7,000, per pupil, $0.75. / “Sec. 3. When any district shall em graduates of a New Hampshire normal school, or of any normal school m Another state of equivalent grade, or persons holding a permanent Hew Hampshire state teacher’s certificate, it shall receivea further sum of $2 per week for every teacher so employed. “8ao. 4. There shall annually be reserve tion provided for by this act such sums as i aside from the appiopria- be needed for carrying out the provisions of chapter 77, session Laws of 1899, relating to district supervision, and of chapter 96, session haws of 1901, relating to high school tuition. “8bc. 5. The sum of $80,000 annually is hereby appropriated to carry into effect the provisions of this act, and any portion of such appropriation as shkll remain unexpended in any year shall remain in the state treasury for use in subsequent veara, and it in any year the above appropria tion an d accumulated surplus shall prove insufficient, then towns having theJijgffPBffl^ualized valua- tion f>er pupil shall be omitted in order from the riisCTbu tion provided for in sections 2 and 3. * “Sec. 6. The sum a] appropriations of \ chapter 96, Laws ii oe discontinued upon me passage ot mis act. under the Bec. 8. V Chap. 158, Apr. 9, 1909. 324 New Jersey: Making distribution of part of the income of the school fund in ac- cordance rfith the provisions of sec. 176, Acts, 1903 (sp. sees.), relative to the establishment and maintenance of a thorough and efficient system of free public schools. r ' . ^ ' Chap.' S^, A^r, 8, 1909. 325 New Jersey: Relating to the payment of certain expenses of the educational * system. Comptroller to deduct school fund before apportionment, amount appro- priated for certain educational institutions and purposes. 9 * Chap. 65, Apr. 8, 1909. ^ 326 New Jersey: Amending sec. 87, Acts, 1903 (sp. sees.), relative to the appoint- ment of supervising principals. Supervising principals to be appointed un^er regulations prescribed by the * state board of education. No apportionment of school moneys for supervising . j principal unless salary paid be at least $1,000 per year. : • Chap. 170, Apr. 19, 1909, 327 New Mexico: See enactment JVp. t54. ^ 328 "North Carolina: Repealing secs. 4J12, 4099, and 4100-4105, Revisal, 1905, 'relative to state aid and special taxes for schools. • Providing for the levying of a special tax and for a special state appropriation $100,000 for the maintenance of one .or more public schools in every school district: for a term of four months. Apportionment. , . * * Chap. 508, Mar. .6,' 1909. * 329 North CaroUpa: Amending sec. 4097, Revisal, 1905, relative to appropriations for piffiUp Khbois. * # • * Increasing annual appropriation from $100,000* tq $125,000. * . Chap. 779, Mar. 8, 1909. me ’ ( •U s' ' y jwriqw yT' STATE FINANCE AND SUPPORT; 85 330 North I kotos Amending see! 347, Revised Code*/ 1905 (sec. 6, chip. 95, Iawb, 1907), relating to state tuition fund. * Modifying conditions for withholding the apportionment of tuition fund from school districts failing to make proper census reports. Granting to county superintendent permissive authority* to withhold apportionment from districts failing to maintain school session of six months. Chap. 97, Mar. 15, 1909. 331 Oregon: Authorizing county school superintendents to make partial apportion- ments of school moneys. *■ . Chap. 108, Feb. 23, 1909. . f . V 332 Oregqp: Amending sec. 5, chap. 110, Laws, 1907, relating to the time tor couEty school superintendents to make apportionments of the school funds. * • ' Cfcap. llffSpeb. 23, 1909. 333 * South Carolina: Increasing the average length of the school term and improv- ing the efficiency of the public schools. . * Appropriating $20,000 to equalize school privileges. ,“$kc,1. * * *. . - 4 “ Prowtfed.That no school shall receive aid hereunder until a fund shall have been raised by the district, by, levy or otherwise, which will equal one-half the amount to be received from- this fund: Provided , further, That no school whose proportion of the regular school fund is sufficient to keep such school in operation for one hundred* or more school days during the scholastic year, shall ' receive any aid ..under the provisions of, this Act: Provided , further, That the » maximum amount distributed to any one school, under the pfovisf of this Act shall be one hundred dollaro per annum." ■ Act 105, Mar. 3, 1909. 334*S*uth Dakota: Amending sec. 400, art. 2, chap. 6, Revised Political Code, * 1903, relating to the apportionment and investment of the school and public land fupds. * ' / * # Chap. 21$, Mar. 5; 1909! 335 ^tennessee: See enactment No. 3‘08. A <■ * 336 Texas: Repealing secs. 13; 14, 16, ~1.7, 18, 23, 32, and 33, chap. 124, Acts, 1905, , relating to the method of apportioning, distributing, and accounting of tbe available school funds, and enacting substitutes. , ' * " * Chap. 17, p. 432, May 12, 1909. 337 * Utah: Amending sec/ 1870x, Compiled Laws, 1907, relative to state kid for public schools whkre tbe revenues are insufficient. Appropriating $8,000, gm , . Chap. 8, Feb. *20, 1909. 338 Utah: Amending sec. 1867, Compiled Laws, 1907, relative to apportionment and use of school funds. *. • . * • , : ' Chap. 25, Mar. 5, 1909. 339"* Vermont: Amending sec. 941, Public Statutes, 1900, relative to the apportion^ men t of funds to towns fcuRming unions for supervision. * '• Additional apportioi tendent-s salary was intendent’s salary above tional apportionment, $300. Sec. 2, Act 30, Dec. 16, 1908. (July 1, 1909.) !T*i' '*. 7 * ■»?)»' 77 7" ' , > -' w . , ''."’-. ; '' V-'JT* " ••■ ’■’Tn- t- BTAlit SCHOOL tnrsa : UBOI&ATIOS, BT0., 1808-9. P|;/' t 1 ti;, ’■« CL , 340 Vermont! Amending wet. 1085; 1086, 1088, and repealing nee. 1099, Public Statutes, 1906, relative to state aid. - v ^ atAte bo ? r Sec. 3, chap. 525, Mar. 5, 1909. 353 ‘Pennsylvania: Permitting independent school districts to share in the distribu- . tion of Appropriations for borough high schools. • «. • * * Act 111, Apr. 23, 1909.* , 354 Pennsylvania: Relating to public ahd normal schools. , “Sec. 7.* For the support of the public schools and normal schools of this Com- / monwealthj for the twc^’fiscal years commencing on the first day of June, one thousand nine hundred and nine, the sum of fifteen million dollan ($15, 000, 000 f Provided, The city of Philadelphia shall be entitled to a proper portion of this * appropriation, including, not only its pro rata as provided ny exist! laws regii* lating the distribution to the several counties, but also the^sum of sevent^two thousand dollars, or so much thereof as may be necessary, for the education of , teachers in the 1 Philadelphia NoonaT School for. Girls and the Philadelphia School of Pedagogy for Young Men, to; be applied on the same conditions as those specified for the education of teachers in the State NormalSchools; and * out of the amount received by the city of Philadelphia, there shall be paid the sum of three thousand dollars to the Teachers’ Institute* of said city; the sum of ten thousand dollars to the Philadelphia School of Design for W< en, for their ' corporate purposes; and the sum of ten thousand dollars to the Teachers' . Annuity and Aid Association of said city: And provided further,* Tlmt out of : tha amount hereby appropriated, there shall , be bhid for the education of teachers in the State Normal Schools, the sum of six hundred thousand dollan; , to be applied as follows: For each student over apyenteen years of age) who shall sign an agreement binding said student to teach in the common Schools of this . State two Jull annual terms, there shall be paid the sum o( one dollar and fifty ’ cents a week, towards the payment of ' the*expenses for tuition of said students; provided, that each student in a State NormJrfichool drawing said allowance . £ ■ ' >■ , f 1 • n.’f * .wcy..",'; c r ; " a ;** :%'. W 8 TAT 1 . BOHOOL8Y8TEM6 : LEGISLATION fc • StATt BOHOOL8Y8TEMS : LtdlgfcAWdK, MC., 1908-8. ftom the state uniat recede regular instruction in the science and art of teaching. ° V^i Cai ”^ V , 0 t ^ *? T* A?** 10 who1 ® t>»« tor which said allow, wice indrawn , wnicji amount shall be paid tic — * • • « - vTu T r“vw«v. waw* ue pwu unoQ the warrants of the Superiu- Z* *? hXk Jnotnictron: And provided further, That out of ‘die rid ~ * ^ 8haI1 ? e "J apartthesum of one hundred UmiMltod^ollMB »lOO^0pO) B to aid m paying the tuition of pupils who attend tK g « dwtrlct ; and the BOA of four hirodred and fifty * ?h»^h d *n?iifQ ^fiP»°9°), for theencouWement and support of Township and w? Ig k™ 9™ 1 B » ,D oIpdipg joint high school* Maintained by two or more townships, or by a borough and one or more townships; but no high school shall w a £ school of the firet grade, unless it has aUleast three teachers who devote yieir entire time to high school work during a term*of and no hum monl nhall Kuinive a u;. V ^ ~ 1* 7T,V im l< ? ni » n 8cn ^°i wo ™ during & termof ft j h £ h ^ l L 001 * hal1 ***»*• appropriation as a high school of the second grade, unless it has two teachere who devote their entire time to high school work during a period of eight months; nor shall any high school J^k 1V ^ a £^ pn i ft * l* nIe8B * l a Wgulw attendance of twelve pupilB doing high school work: And provided further, That out of the said amount hereby appropriated there shall pe set apart the sum of two hundred.and thirty thousand dollais, to be Expended on the warrants of the Superintendent of Public Instruc- Uon, for the payment of the salaries of the County Superintendents of Public «o!!i « The remainder of the amount hereby appropriated shall be paid in warranto of the Superintendent 0 f Public Instruction, drawn in favor fhifilo^TsSL 801100 dl J tn v tfl °* ***? Commonwealth* in amounts designated by the State Trwsurer, a^d whenever he shall notify ^'Superintendent* of Public Instruction, in writing, that there are sufficient funds in the State Treasury to pay tne same. 7 Act 669, Sec. 7, p-^906-907, May 15, 1909. . 355 * > bode Island: Amending sec. 3, chap. 644, Laws, J898, relating to a more uni-* form high Standard in the-public schools. 'Increasing annual state aid to approved high schools from $20 to' *25 for «ach pup'! in avemge daily attendance, for the first 25 pupils; and from $40 to $16 for each pupil in avenge daily attendance, for the second 25 pupils Chap. 446, May t, 1909. (July 1, 1909.) 356 -South Carolina: Amending sundry-secs., act 245, Acte, 1907, as amended by act 615, JfcU t 1908, relative to high schools. » Makifl extension of state aid dependent upon levy of 2-mill special school tax. Increasing total annual state aid from $50,000 to $60,000. WTthdrawtoir ^highlh^l ict o/iow. 1 ’ Irom high Bchools “ ot coming with, ’“ the ( P rovi “ on8 Act 55, Mar. 3,. 1909. 357 Tennessee: See enactment No. 308. 1 \ 358 * Utah: Proposipg an amendment to sec. 2, art. 10, constitution, as amended Jan. 1, 1907, relative to the public school system, and to sec. 3, art. 10, constitution relative to the state Vhool fund. f«Sf-nJs^i h f 8U PP o r t . < ®f hi {$ schools: "Provided, That all finds derived from b of the statutes is amended to read: Section 491b. 1. # * * Provided that the amount so appropriated to any high school having a principal and one assistant shall not exceed nine hundred dollars, and the amount appropriated to any high school having a principal and two assist- ants shall not exceed twelve hundred dollars, and the amount so appropriated ' any high school having a principal and three or more assistants shall not exceed fifteen hundred dollars.’* 2 . * * *. 3. * * *. % ■ Chap. 257; June 1, 1909. (July 1, 1909.) C. LOCAL (COUNTY, DISTRICT, MUNICIPAL) FINANCE AND SUPPORT. (a) General. The contents of this group have no general significance, being concerned with -minor administrative detail. # 361 Alabama: Authorizing and .empowering the commissioner's court, bpard of ^ revenue, or other court or county officers of similar or^ike jurisdiction to donate or appropriate funds frc^m the county treasury to aid in the construction or improvement of necessary buildings and the maintenance and support of those > state schools known as county high schools established under the act of the legislature approved August 7, 1907. * ‘ — T Act 217, p. 259, Aug. 26, 1909 (sp. ness.). D. 362 Kentucky (1909^: School taxes received from the State by a graded common school district?. cannot be used to purchase a lot or erect or furnish a school * Jb building, hut must be used solely for educational purposes.- Crabbe*t\ Board of Trustees of Graded' Common-School Diet. No. 24, Webster County 116 S. W ; , 706. , 363 Nevada: Providing for the disposal of the funds und'propt'rty of abolished school districts. # \ Chap. 59, Mar. 5, 1909. 364 Nevada: Providing for the transfer of county and township funds for the support of public schools. .♦ * Chap. ^82, Mar. 24, 1909. D. 365 Pennsylvania (1909): Const*, art. 9, sec. 8, after fixing the ultimate debt limit of any school district at not to exceed 7 per cent of the assessed value of taxable property therein, provides that no district shall incut any debt, or in- crease of indebtedness, beyond 2 per cent of the assessed valuation of the property without the assent of the electors thereof at a public election. Held , * that a school building contract at a price which, in addition to previous existing indebtedness, would create a total debt in excess of 2 per cent of the assessea valuation of th$ property of the district, though payable only from “funds legally available, ' entered into without the holding of an election, was illegal.— McKinnon v. Mertz, 73A., 1011; £25 Pa., 85. ■ \ 366 Pennsylvania: Relating to the settlements and audits of the accounts of all officers of boroughs, townshijfe* poor districts, and school districts, *and appeals therefrom to the common pleas and thence to the supreme and superior courts; • providing penalty. 9 . , \ - , Act 221, May 3, 1909. ■HBEWWRs?*'r *77 90 STATE SCHOOL 8Y8TEMS : LEGISLATION, ETC., 1908-6. 367 South Carolina: Requiring all school warrants to be approved by the county superintendent of education. Act 79, Feb. 27, 1909. 368 Vermont: Relating to grammar school lands. Providing that grammar school lands, the income of which is not already granted, shall go to school directors of town in which land is located. Act *6, Jan. 22, 1909. (Feb. 1, 1909.) 369 Wlgconsfn: Amending sec. 16, chap. 459, Laws, 1907, relative to school boards and common and high schools in cities of the first class. Relating to duties of school boards with respect to the school fund. Chap. 369, June 10, 1909. BL: " (b) Local (County, District, Municipal) Bonds and Indebtedness. The educational legislation of each biennium now contains in great numbers new and modified measures calculated to meet, through bond issues, the constantly grbwing and expanding material needs of the public schools. For the school, it is always more and ever more . Wisely to safeguard to-day by skillfully borrowing from to-morrow has become one of the principles of a sound and farsighted^ financial ► policy. > 0 * 370 Alabama: Authorizing cities and towns to convey real or personal property and to make appropriations of money from city funds and issue bonds to aid in the location and in the construction of high schools and high school buildings. Act 94, p. 230, Aug. 26, 1909 (sp. seas.). 371 % Alabama: Authorizing the holding of elections by municipal corporations for the purpose of obtaining authority to issue bonds for public purposes; providing for holding such elections, and authorizing the issue of bonds .when a majority of the voters vote in favor of the issue of such bonds; regulating the issue, execu- tion, sale, and security of such bonds. « - > Including schools. Act 195, p. 188, Aug. 26, 1909 (sp. sess.). 372 California: Validating bonds heretofore voted and issued by joint union high school districts. - . Chap. 225, Mar. 13, 1909. 373 California: Validating all bonds heretofore issued, or ordered to be imied by or on behalf of auy school district, high school district, union high scKbl dis- trict, or joint union high school district, where authority for such issuance has already been given' by a vote of more than two-thirds of the electors of such district. * * . Chap. 230, Mar. 13, 1909. 374 California: Regulating the issue of bonds of school districts in cities of the fifth class, and school districts partly within and partly without such Cities of the fifth class. “ . ir Chap. 321, Mar. 20, 1909. 375 California/ Amending sec. 1880, Political Code, relative to elections for the issuance of school bonds. * Chap. 588, Apr. 14, 1909. LOCAL FINANCE AND SUPPORT. 91 376 Delaware: Amending tec , 2, chap. 122, Laws, 1907, prescribing the method by which school districts tnay borrow money for the purpose of building and fur- bishing or improving and enlarging schoolhousee, • Chap. 89, Mar. 22, 1909. D. 377 Georgia (1909): Acts, 1907, p. 944, authorizing. the establishment of a system of public schools in a town, and providing for the issuance of bonds for the building and equipping of schoolhouacs, is not unconstitutional on the ground that Acts, 1905, p. :5, as amended by Acts, 19Q6, p. 61, makes provision by general law for the laying out of counties into school districts and the levying of school taxes, and that the act of 1907 is a local act as to a matter thereby v covered. — Farmer v. Town of Thomson, 65 S. E., 180. « 378 Indiana: Amending sec. l,chap. 200, Acts, 1903, and sec. 4, chapi 224, Acts, 1907, relative to the issuance of school bonds by boards of school trustees of school cities. . * Chap. 41, Mar. 1, 1909. 379 Indiana: Amending secs. 1, 2„ and 3, chap. 107, Acts, 1907, relative to the issuance of bonds by school trustees in cities of the second class. * i Chap. 50, Mar. 3, 1909. 380 Indiana: Amending sec. 1, chap. 263, Acts, 1907, relative to the issuance of bonds by boards of trustees of school cities for the purpose of funding or refunding indebtedness. ^ Chap* 67, Mar. 5, 1909.* 381 Indiana: Amending Bee. 1, chap. 285, Laws, 1907, relative to issuance of bonds by boards of school trustees in cities of the fourth class. % * - Chap. 119, Mar. 6, 1909. 382 Iowa: Repealing and reenacting sec. 2820a to 2820c, inclusive, supplement to the Code, **1907, relative to the limit of indebtedness of independent school districts.' ♦ ^ » Chap. 184, Apr. 6, 1909. 383 Kansas: Repealing sec. 479, General Statutes, 1901 Htv Modifying pTOvwion mm to include building, rebuilding, remodeling repair- jz£ ,n L"^ ,u ^ -i fcrfiih* h«i s „' g , „.n„iS;: i rd ... , '1 Chap. 261, Apr. 19, 1909. 389 Minnesota: Amending w. 1, chap. 20, Uws, 1907, authorizing cities now or hereafter having a population of more tharf ,50, (KM) inhabitants to i.sAie and sell bonds m aid of the construction of public high school buildings, and for acouir- mg suitable sites and grounds therefor. . - Increasing authorized bond issue from $800,000 to. $1,000,000, . * * ” Chap. 360, Apr. 22, 1909. 390 Nebraska: ^fwAbng and reenacting with amendment* sec. 11543, Cobbev’s Annotated Statutes, 1907, relative to limit of tax for school building; providing or voting a tax to create a special fund for the purpose of greeting a school’ • building. p ' Chap 118, Mar. 29, 1909. 391 NefMa: Amending chap: 59, Uws, 1907, relative to the issuance of school bonds by scnttol districts. » 9 Ohap. 19, Feb. 8, 1908 . 392 Nevad * ! Enabling school districts to issue negotiable coupon bonds for the purpose of erecting, furnishing, equipping, and maintaining buildings for industrial training, manual training, domestic science, aud agriculture or for any one or all of these purposes, and providing for the payment of the prin- upul indebtedness and the interest thereon, and other matters properly con- nected therewith. * 11 • ” „ Chap. 109, Mar. 16, 1909. 393 AraGn d>ng«ec. S ’ chap> 59> LaWH - 1907 * m amended by chap*. 19, Laws, 1J08 (sp. sees.), relative to the issuance of bonds by school districts. . Chap. 149, Mar. 22, 1909. 394 New Hampshire: Amending sec. 4, chap. 89, Public Statutes, 1901, relati ve to the borrowing-of money by school districts. , " Chap. 138, Apr. 9, 1909. 395 New Jersey: Supplementing Acta, 1903 (sp.,«ess.), providing for a system of freo^ public schools, * K ^ , a l i hf> i 89Uance of bonds by school districts to pay principal and interest on indebtedness riot provided for. 1 •yJ> Jflrci i )al ana . * 1 - * ;• ChamSTfApr. 13, 1909. » 39B North Carolina: Authorizing the county hoards of education of Moore and Lee counties to execute to the state board of education renewal notes for mone'ys borrowed for the purpose of building puhl^hoolhouses. . ' Chap. 627, Mar. 6, 1909. 397 North Dakota: Legating certain floating indebtednesses incurred by cities, hllShimme^ 00 d “ triCt8 Umlpr certain rireumstgnces, and bouds issued to Chap. 49, Mar. 11, 1909. D 398 "7‘ h ,“»'?«• r Where a achool Sterlet, at a regularly called and nclM..lh!^lo e Wt k 0D ' . V0 I® 8 **1. 18B JB bends and from the proceed to build a - ® uch , v °te a & instflaction/and the district officers have no cMs~ * cyetioji as to obeying the eame.---Schouw.eii^r v. Allen, 117 N, W» 866 ' * o ERIC LOCAL FINANCE AND SUPPORT. 399 OklahomarRepealing Bundry sections, Statutes, 1893, aijd providing for the issuance <>f bonds by school districts for the purpose of erecting school build- ings and purchasing sites. , . . * II. B. 65, p. 551, Mar. 26, 1909. 400 Oregon: Authorizing school districts, to refund indebtedness; amending see.. 1, . p. 331, Laws, 1-903, amending sec. 3395, Bellinger and Cotton's Annotated Codes and Statutes, relative to iho sale of school bonds. * * Chap. 21, Feb. 8, 1909. 401 South Carolina: Amending act 246, Acta, 1907, relative to the issuance of bonds by public school districts. •>■' ' v Act 57, Feb. 23, 1909. 402 South Dakota* Submitting to vote amendment tb sec. 4, art. 13, constitution, relating to limit of indebtedness of counties, cities, towns, nod school districts. * . * ’ Chap. 139, , 1909. > * V ■ g 403 Tennessee: Authorizing incorporated boards of education of public schools in cities apd taxing districts of 300,000 inhabitants or over to, issue bonds for ■certain school purposes. Applies to Memphis. • For construction, and repairs to school pnjperty. "* - . Chap. 238, Apr. 26, 1909. 404 Tennessoc: Authorizing the city of Chattanooga to issue bonds* to an amount not exceeding $275,000 for the purpose T / l ^ ' . ' ^ r ^"--^- 11 , 1 - 1 v " f.. V-'i : STATE '• SCHOOL E&8TEM8 ! LEQI8LATIOH, ETC., 1908-0. VC) local (County, District, Municipal) Taxation for School Purposes, The legislation of the year presents nothing of general interest or any new tendencies in the matter of local taxation. The joint reso- lution in Florida (416), the decision in Georgia (D. 420), the increase* of the minimum town school- tax in Maine (429), and the several constitutional amendments in Texas relative to local taxation may be ttagled out of the * list of enactments otherwise of minor importance. . 409 Arkansas; : Providing for the formation of a special school district in Stone County, and for the eegregatibn of taxes between whites and negroes. ’ Act 248, May 13, 1909. 410 California: Adding sec. 1840, Political Code, 1906,, relative to the levying and collection of special district funds: Repealing secs. 1830-1839. • ' • - • ; ' ’ Chap. 49, Feb. 22, 1909. 411 California: Adding se^ 1671b to the Political Code, 1906, relative to enlarging, reconstructing, or replacing county secondary schools or increasing the capacity and accommodations thereof, and the levying of a special tax for such purposes. Chap. 188, Mar. 11, 1909. 412 Delaware: Ixempting certain lands and tenements of incorporated fraternities, established in connection with any college in the State.from taxation for munic- ipal purpgpca. w . f Chap. 37, 'Apr. 5, 1909. 413 Delaware:* Exempting certain, lands and tenements of incorporated fraternities, established in connection with any college in the State, from taxation for* county p^poses. Chap. 38, Apr. 6, 1909. 414-Detewan: Amending aec. 1», chap. 67. Laws, 1898 (sp. sen.), relative to tax- ation for p&lic schools. * Providing for assessment and taxation for school purposes of real and personal property owned by associations and corporations. Chap. 82, Mar. 1, 1909. 415 Delaware: Amending sec. .11, chap. 92, Laws, 1905, as amended by chap. 125, Uwa, 1907, relative to the oiganization and control of the public echoole of the city of Wilmington. Modifying limit of proportion of expenditures for school purposes. Chap. 104, Apr. 15,* 1909. 416 Florida: Whereas, There are in the State of Florida thousands of male persons above the ; age of twenty-one vews who enjoy all the protection and benefits under the laws of Florida* including a free school education fo# their children i for the oil the part of. the Senate, win*© duty it shall be to investigate said v tin con- MMH »FP««.tp;tliis Hmw, by bill or otherwise, tlm i legi&fa ••• to remtjdy tji conditions hereinaboye outlined;” ' . / ■ ■ ■ rogumuo ■Z . . • ,H. Con, Res.No. 8,,p. 886, ,1909. p ; ^ 417 Horldat Requiringtaxasseesors to furnish, to the boards of public inetruction of ^ their rospective countiea a list showing* the total amount of special district taxes rr — T^Trrr^ : • . . ( 1 • »■ LOCAL FINANCE AND SUPPORT. , 418 Georgia: Authorising the proper county authorities in all counties having therein a city with a population of not less than 54,000 population and not more than 75,000 inhabitants to raise by taxation for educational purposes a sum sufficient to pay for material used in the construction of any school building. Act 103, p. 181, Aug. 10, 1908. 419 Georgia: Amending act 159, Acts, 1905, relative tb the creation and operation oflocal tax district schools^ and to the levy and collection of local tax by counties 4 for educational purposes. Provisions concerning elections to abolish local tax districts when once established. , Act 224, p. 159, Aug. 14, 1909. D. 42 • 4% Kansu: Providing for depositories in which shall be kept the funds of fflties of the second and third classes, and also the school funds of the board of edu- cation of cities of the second class and of school districts in which there is a - city of the third class. «, ‘ - Chap. 89, Mar. 12, 1909. 426 Kansu: Concerning assessment and taxation; limiting the levy of taxes in the several taxing districts of the State; prescribing penalties for violation. Chap. 245, Mar. 5, 19Q9. 427 to»te ' 19 °Ke- 166 ' 61 * Providing a minimum school 2? l of *t e 8econd cIas8 » “.not in violation of const , bcc. 5tk subsec. 15, prohibiting the passage of local or special acta to authonT** or regulate t&xatipn. — City of louisville v. Commonwealth, 121 S. W., 411. D. (19M): Act of March 24, 1908 (Acts, 1908. p. 133; chap. 56; Ky. i/iJl 9 ? 9, Tk 4 t 26a ^» re 8 ulat mg public schools, is not unconstitutional in that K th e # i? SC tLil2i Urt ^ to . mftk ® * le yy sufficient to raise the sum found ^ )0ftrd _ 0 ( education, since, in obeying the constitutional hi^« d ?Ko *?. pro *! de “ efficient school system, the legislature must necessarily* j£2L?!i d r fu n ?/ chooei P? lta own agencies and conferring on them the l^® re A^ med . by , l1 ^P^a* to accomplish the required end.— Prowse v Board of Education for Christian County, 120 S. W., 307. 429 Maine: Amending sec. 13. 'chap. 15, Revised Statutes, 1903, as amended bv chap. Ill, Laws, 1907, relative to school taxes. ' Raising minimum town tax from 56 to 80 cents for each inhabitant • Chap. 128, Mar. 24, 1909. (Jan. l' 1910.) 430 Massachusetts: Relating to appropriations for the support of the public schools of the city of Boston. Chap. 388, May 14, 1909. 431 Minnesota: Amending chap. 133, Laws, 1907, providing that office* of school districts may designate depositories for school district moneys and requiring the deposit of school district moneys in such depositories, and exempting school district treasurers from liability for such deposits. Chap. 332, Apr. -21, 1909. 432 Minnesota: Amending sec. 1414, chap. 14, Revised Laws, 1905, relative to school taxes. thw C loToters maXimUm 8chool levy fr 001 $300 to 1400 in districts having less Chap. 458, Apr. 23, 1909. D .*433 Nebraska (1909): In directing the county superintendent of instruction to t * he c6unt y clerk with the data for a levy, when a school district refuses to vote taxes for free high school purposes, the free high 'school act of 1007 4 ? 2 ' chap. 121) does not delegate to the superintendent a taxing comn ? , . tted 10 school districts under Con A., art. 9, sec. 6* providing that all municipal corporations may be vested with authority to assess and collect taxes. — WilkinBon v . Lord, 122 N. W,, 699. ^ 434 New Hampshire: Amending secs. 2 and 8, chap. 88, Public Statutes. 1901 '» ■ relative to the raising of school taxes. . * % ■ •* ' .. Chap. 52, Mar. 10, 1909. P; l** 9 ** Q? 07 ):' The schpol.law of! 1903 (P. L., p. 5) is not unconstitu because ^ creates a local appointive board of estimate, with power to x he mount to be raised by taxation.— In re Newark School Board, 1A., 881. LOCAL FINANCE AND SUPPORT. 97 436 New York) Amending sec*. 381 end 383,’ chap. 21, Laws, 1909, relative to the - assemment of real estate for school district taxes. • , • ' . Chap. 415, May 20, 1909. 437 North Carolina: Amending sec. 4115, Reviaal, 1905, relative to special taxes in Bpecial school districts. Additional provisions concerning second elections, elections for revocation and increase. Sec. 4, chap. 525, Mar. 5, 1909. D. 438 .North Carolina (1908): A special school district created under Revisal, see sec. 4115, may levy a tax on tne poll, when submitted to and approved by the qualified voter's thereof in an election duly held, in excess of $2, under the provisions of Article VII of the state constitution. The equation between the property and the poll tax established by Article V, sec. 1, and the restriction that the state and county tax combined shall never exceed $2 on the poll, applies only to state and county taxation, and not to municipal or quasi public corporations other than counties. — Perry t>. Commissioners of Franklin County, - 114 N.C.,521. -bdfldihgs; Special provisions concerning maintenance and -i ir of existing ^ wachoolh • ■■ V? Act 100, Apr. 21, 1909. (July 1, 1909.) :: W 44& 4 1 #afl} Amending subsec: 7, dec. 28, act 118, Laws, 1907, relating to the powers ^ ti the board of supervisors of the city and county of Honolulu. - ; , < ^Providing for the establishment and maintenance of water works and sewer „ < works; and lor the building and maintenance of buildings for enumerated : ^ ^Cpublfc purposes, including schools. ... ., ^ ", r •* i : • an a T BUILDINGS AND SITES. 0 » D. 449 Illinois* Under the statutory power to “grant the temporary use of school- houses when not occupied by schools * * * for such meetings as the direc- tore may deem proper, they could let the premises to fraternal societies, the • lodges bemgtenants at sufferance, and subject to ouster whenever the directors 87 U Tfi9^° 8 L#g0W V ' Hl ’ 143 ln * App *» 623, i ud & mei * Affirmed (1909), 460 Kansas: Conferring upon the boards of education of all cities of the first and second class and school districts in which is located a city of the third class and boards of trustees of county high schools the right of eminent domain. * * Chap. 86, Mar. 5, 1909. 451 Michigan: Amending sec. 4729, Compiled Laws, 1897, relative to sites for schoolhouses. ** Act 232, June 2, 1909. D. <62 Missouri (14)09): Under Rev. SUt., 1899, sec. 9763 (Ann. SUt.. lSofl, p. 4477) authorizing the use of the schoolhouses for literary, etc. , purposes on the demand by a majority of the voters at an annual meeting, and providing that if the persons so using a schoolhouse fail to keep it clean, etc., the directors may refuse further use, etc., where such use was voted, the members of a literary society could unlock the door and enter the building, though the key used was not procured from one authorized by the board to deliver it; the board being authorized to interfere with the use only for the society's failure to keen the house clean, etc.r-Stote v. Kessler, 117 S. W., 85. 453 Missouri: Amending sec. 9763, chap. 164, art. 1, Revised Statutes, 1899, rela- tive to the care of school property. Authorizing the use of schoolhouse and school premises (formerly school- house), for rejigious, literary, or other public purpose or for the meeting of any farmer or labor organization or society for educational purposes. Maiontv vote at district meeting necessary. P. 826, May 6, 1909. ■454 New Jersey: Amending sec. 84, Acts, 1903 (sp. sees.), relative to corporate .character of each board of education. Vesting title to school property in board of education. * . * Chap. 174, Apr. 19, 1909. . 455 North Dakota: Amending sec. 830, Revised Codes, 1905, relating to school- house sites. - Increasing maximum area from 2 to 5 acres. Chap. 202, Mar. 11, 1909. 466 Ohio: Amending sec. 3990, Revised Statutes, allowing a board of education to file an accurate plat and description of the parcel of land sought to be con- 9 demned in the insolvency court. * S. B. 9, p. 20, Mar. 15, 1909 (sp. sess.), . 457. Ohio: Providing for the purchase of a certain school site in the village of Collin- wood, Cuyahoga County, for the purpose of establishing and 'maintaining thereon a memorial building and park. * H. B. 140, p. 24, Mar.. 12, 1909 (sp. sess.). 458 Oregon: Giving the board of directors power and authority to use county school rooms and schoolhouses for all proper, purposes and neighborhood gatherings under certaip restrictions. " l; A district school hoard may at its discretion permit a schoolhouse! When not occupied for school purposes, to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious inations or political, parties, but for any such use or privilege it shall not be at the cost of fuel or otherwise to the district. No dancing shall be utted in any school room. Nor shall any furniture which, is fastened to , ; removw an y school furniture for any other J * # • 1 ^ v"' 100 ■ STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9. * * . .. . . purpoee than repairing the same or repairing the school room, shall be guilty of a misdemeanor,* ana shall be fined not lees than $5 nor more than $10 for each offense. All fines imposed and collected under the provisions' of this subdivision shall be paid into the general school fund of the State; provided , that the power delegated to the board by this act may be denied a district school board by a majority of the legal voters present and voting at the annual meeting, or at a special meeting called for that purpoee. " Sac. 2; * * * . • * r p— - « Chap. 165, Feb. 23, 1909. 459 South Dakota: Authorizing, county commissioners or township supervisors to locate and establish public highways upon or across any common school, endow- ment, or other state lands. . ^ Chap. 32, Feb. 17, 1909. 460 * South Dakota: Permitting certain public schoolhouses to be used for public meetings. “Sec. 1. That the public school houses in the state of South Dakota, outside of cities and towns, may hereafter be used for public meetings, including singing, literary societies, political and other meetings of moral purposes; E rovided , such use shall be entirely without expense to the school district aving control of such school house for heat and light and care 0 same; and provided further, that any person or persons or public body so using any such school house shall be responsible to such school district for any and all damage that may be caused to such school house or any fixture or furniture tjierein by reason of such use or occupancy as aforesaid. “Sec. 2. If any person residing within the district yrishcs to secure the school house for any meeting or meetings, such as are enumerated above, and makes application to the chairman of tnc school board or other school officer having custody of the school bouse in said district, it shall be the duty of said chairman or school officer having custody to grant permission for such meeting or meetings; provided . such meeting or meetings shall in no wav interfere with the school that may be in session at the time. Provided , further , such chair- man or other school officer having custody of such school house may refuse such applicant if the school house has been previously engaged for any similar meeting covering the same period of time. Sbc. 3. * * « ... * Chap! 114, Feb. 27, 1909. D. 461 Teias (1909): A lodge and citizens of a community, desiring to erect a build- ing, contributed money to build a lodge and schoolhouse; the upper story to be used for lodge purposes and the lower room for school purposes, and the building to be erected on the land of thfe lodge under the airection of a joint committee. A free school district when formed began and continued to pse the lower story of the building as a schoolhouse with the knowledge and acqui- escence of. the school committee. Held , That the school district should not be deprived of the use of the lower story, while the community had the right to such -use. Judgment (Civ. App.,, 1908), 112 S. W.,433, aflSrmed.— Rhodes v. Maret, 119 8. W., 1139. » to - 1 462 West Virginia: Accepting the donation from the schools for the purchase of the mound at Moundsville, and appropriating an additional sum for the purchase thereof. * I Chap. 75, liar. 3, 1909. D. 463 Wisconsin (1908): Stati, 1898, sec. 430. authorizes the officers of a school . district to rent or build a schoolhouse in which the district's required to main- tain a common, school by. section 423, and also authorij the district to vote a tar to hire a schoolhouse. Held, That where a schoolhouse owned by a dis- trictiras inadequate the district had power to rent a part of a parochial school ' building within the district in which to maintain a common school .^Doraer t\ School District No. 5, 118 N. W., 368 . , ^ , 464 Wlsco: sites. nsln: i. ¥ Amending sec. 477, Statui i, relative to the location of schoolhouse ’Chap. 171, May 2Q, 1909. BUILDINGS AND 8ITX8. 101 465 Wisconsin i Creating sec. 1275m, Statutes, relative to the laying out of a highway to a schoolhouse site for a public school. t ' Chap. 318, June 9, 1909. 466 Wisconsin: Creating sec. 496p~l, Statutes, providing for the erection of school buildings and maintenance of schools in certain cases. Chap. 493, June 16, 1909. (b) Buildings and Sites: Sfate Aid; Approval of Plans. The measures of Maine (468) and Utah (470) are of great importance and indicative of the tendency, noted during previous years, toward an increased amount of state supervision over buildings constructed and used for public-school purposes. The creation of the schoolhouse commission in Utah would appear to contain possibilities of much hygienic reform and the means for the prevention of much of existing health danger in schools. - D. 467 Alabama (1908): Loc. Acta, 1898-99, p. 30, confers on the board of revenue of Lawrence County such powers and jurisdiction as .county commissioners have, (-ode, 1907, sec. 133, authorizes the county commissioners to erect court-houses, jails, hospitals, and oiher necessary county buildings; sections 134, 138 relate to tL*i levy and collection of special taxes for purposes therein named; and section 158 authorizes the county commissioners to order elections to determine whether the bonds of. the county shall be issued to construct public buildings,* including schoolhouses. Act of Aug. 7, 1907 (Gen. Acts, 1907 ; p. 728), sec. 3, provides that. when the r ‘cit«ens” of a county shall secure a suitable site and erect a high^school building, and convey the wme to the * State, the State will then make an annual appropriation to maintain such high school. Held , that Code, 1907, secs. 133, 134, 138, 158, relate only to those schoolhouses owned by the county, and do not relate to a high -school building erected pursuant to act of Aug. 7; 1907 (Gen. Acts, 1907, p. 7?8), and that the board of revenue is without power to appropriate county funds to aid in the construction of such high-school building. — Kumpe v. Bynum, 48 So., 55. 468 * Maine: Relating to school buildings. * * # “Sec. 1 . It shall be the duty of the state superintendent of public schools to procure architects’ plans and specifications for not to exceed four room school buildings, and full detail working plans therefor. Said plans and specifications committee desiring to erect a new school building. For the use of the state super- intendent of public schools in procuring such plans and specifications the sum of two hundred o liars is hereby appropriated for the year nineteen hundred . and nine and a like sum for the year nineteen hundred and ten.. . “Sec. 2. Where the plans and specifications prepared by the state superin- tendent are not used, all superintending scHool committees of towns in which new schoolhouses are to be erected,, shall make suitable provision for the heating, lighting and. ventilating and hygienic conditions of such buildings, and all. plans and specifications for any auch proposed school building shall be BMbmitted Jo and approved by the stole superintendent of public schools and the stpte board of heal th before the same snail ‘be accepted by the super* ' intending school committee or school building committee of the town in which Jt isjroposed to erect such building. “Sec; 3. In case.no special building committee; has been chosen by the town, the superintending school committee shall havebharge of the erection- or re-construction of any school building, provided that said superintending school committee may, if they see fit, delegate said j>ower and duty to the superintendent of schools.” , . ' Chap. 88, Mari 3,0, 1 9°9, , | TLTJJ: 102 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-0. * f *. 469 North CaroUnas Amending sec. 4829, Revised,- 1905, relative to the protection of state property from destruction by fire. • Plans for buildings to be submitted and approved by insurance commis- sioner. Chap. 880, 'Mar. 9, 1909. 470 # Utmhi Amending sec. 1823, Compiled Laws, 1907, providing for school sites and * buildings; that plans and specifications for school buildings be submitted to a commission herein provided. “Section 1. * * * t% Provided, That no schoolhouse shall hereafter be erected in any school district of this State not included in cities of.the first and second cIbsb, and ho addition to a school building in any such place the cost of which schoolhouse or addition thereto shall exceed $1000 shall hereafter be erected until the plans • and specifications for the same shall have been submitted to a commission - consisting of the State Superintendent of Public Instruction, the Secretary pf the State Board of Health, and an architect to be appointed, by the Governor, and their approval endomed thereon. Such plans and specifications shall show in detail the ventilation, heating, and lighting of such buildings. The com- mission herein provided shall not approve any plans for the erection of any school building or addition thereto unless the same Bhall 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, and no such plans shall be approved by them unless provision is made therein for assuring at least thirty feet of pure air every ifiinute for each pupil and the facilities for ’ exhausting the foul or vitiated air therein shall be p witive and independent of atmospheric changes. No tax voted by a district meeting or other com- petent authority in stny such school district shall be levied by the trustees until the commission shall certify that the plans -and specifications for the same comply with the provisions of this Act. All schoolhouses for which plans and detailed statements shall be filed and approved, as required by this Act, shall have all halls, doors, stairways, seats, passageways, and aisles, all lighting and heating appliances ana apparatus arranged to facilitate egress in cases of fire or accident, and to afford the requisite and proper accommodations for public protection in such cases. “No schoolhouse shall hereafter be built with the furnace or heating appa- ratus in the basement or immediately under such school building. “Sec. 2. Compensation. Expanses. The Commission herein provided shall serve without compensation, butlshall receive their actual and necessary ex- penses incurred in the performance bf their official duties, except the archi- tect, who shall receive as above provided and four dollars per day while attend- ing meetings of the Commission, the account for which shall be verified on oath and be paid from the State School FiimJ*” Chap. 32, Mar. 9, 1909. 1 — (c) Buildings and Sites: Decoration, Care, Sanitation, Inspection. Within this group 6f measures concerning the sanitation and inspection of school buildings, those delating to fire protec tion\ are of most importance and more numerous than during any legislative period of recent years. Were one to speculate, it would be that recent disasters, real $nd narrowly averted, have been the c^use of arousing public sentiment to the necessities of the situation as found in the majority of American public-school buildings*. ; llie measures enacted in Connecticut (471), Kansatf (477), Maine (478), and Mis- souri (481) are thought important enougli for the presentation of the complete' text. * •' ' . All in all, the Wisconsin ^measure (496) providi * for the inspection mtmmm and dim 10S 471 Connecticut: Relating to the. construction and fireproofing of public school- hohaes. ^ ^ • ‘‘Sec. 1. All public schoolhouses. the construction of which was- not begun before the passage of this act, shall be constructed in accordance with the pro- visions hereof. . ■ "Sec. 2. No schoolhouse for the' accommodation of pupils of grammar school grade, or of a lower grade,* shall be constructed so as to contain more two stones, above the basement. No schoolhouse for the accommodation of pupils of a higher grade than grammar school grade shall be constructed so as to contain more than two storiee above the basement, unless such schoolhouse is of fire- proof construction throughout, and in that event shall not exceed three stories above the basement. “Sec. 3. All achoolhouaee of eight or more class rooms not of fireproof con-* struction throughout shall be built as follows: (a) The outer walls ■Wil be of or stone, terra, cotta blocks, re-enforced concrete, or other fire-proof nuterial. (6) The walls separating the schoolrooms from the halls or corridors shall be of masonry or other fireproof material . (c) There ■hall he a stairway constructed in at least two opposite sides of the building leading to the ground floor from the floor or flobrs above, and no such schoolhouse here- after built shall contain circular etaiiv (d) There shall be one exit constructed in at least each of two opposite sides of the building upon the first floor leading to the ground, which may be the same as the exits from the floor or floors above the first, (e) The stain and stairways shall , be of fireproof construction. (7) All doors leading from rooms into halls or corridors shall be hung so as to swing into the hall or corridor, and all doon leading from the corridors out of the build- ing shall be so hung as to swing outward, (g) There shall be a door of fireproof * material at the head of each stairway leading from the first floor to the basement. (A) All wooden partitions* ceilings, floors, and woodwork about the heating apparatus or plant shall be covered with asbestos, tin, sheet iron, or other fire- proof material so as to effectually overcome danger from fire. “Sec. 4.^ No door leading from a schoolroom into a hall or corridor, or from a # h*ll or corridor out of the building shall, during school hours, be locked or bolted or secured in any other manner than by a spring which will readily yield to pressure from the inside. . “ Sec. 5. There shall he placea in a hall pr corridor sf every such school an alaim consisting of a bell or gong arranged or equipped*) as to be sounded from at least one convenient station or place upon each floor and of sufficient siae and volume of tone to be distinctly ne&rd in every room wheU sounded. In. the absence of such alarm, there shall be placed in each room an alarm consisting of a bell or gong of sufficient volume to be heard throughout the room where placed, all of which alarms shall be arranged or equipped so as to be sounded simultaneously from the same Btation or puce, at least one of which stations or places shall be-conveoieotly located in a hall or corridor upon each floor, “Sec. 6. Any janitor, teacher, or other person who .violates the provisions of the fourth section, of this act shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both. Every member of a board of education, school board, board of school visitors, or bund g committee, or official who is chaiged with the duty of planning, contracting for, or building a public schoolhouse, who plans or contracts, or participatesiri conUactingfor, or votes to build, or builds such schoolhouse in violation of any of the p of this act shall be fined not more than three hundred dollars, or imprisoned hot * more than three months, or both. ” 1 Chap. 81, June 10,1909. 472 Connecticut: Relating to water-closets and privies in connection with school buildings. Providing for the maintenance and proper construction of water-closets in schools. Chap. 106, June 24, 1909. 47r Connecticut: Relating to exits in public buildings. Public buildings, excepting town halls and including provided with one. or more exit*. Doom to awing onjwL,^, to be 29,190#. £ „ . '!■ I.V, v v ■ M04 0TATB SCHOOL- 8Y8TBMS: LEGISLATION, BTC.,, 1008*0. 474 WUi t Requiring proper fire projection' for ttfchera and studento of public schools, prescribing the means for such protection, and prescribing penalties for not constructing, introducing, and maintaining the menus for such protec- * tion. . ; . ' Chap 6937 (No. 68), June 4, 1909.' <75 IndlMUi Repealing chap. 222, Acta, 1903, and enacting a .ubstitute, providing for the protection of human Ufa from fire; providing for it* enforcement and for penalties. * * * Chap. 118, Mar. 6, 1909. 476 Iowa: Amending sec. 4999-a9, supplement to the Code, 1907, relative to protec- tion against fire. “The entrance and exit doors of all hotels, churches, lodge halls, court house**, anembly halls, theatero, opera *mj**rcolleg*s and public school houses, ami . ?, nt {*® ce doors to all class aritfassembly rooms in all public school building* in all cities and incorporated towns, shall open outward.” Chap. 220, Mar. 12, 1909. 477 # Kanaaa: Protecting schoolhouses and ochopi caldron from danger of fire; * describing certain duties of public officers; prescribing penalties' ectiom 1. That the doors of all public or private schoolhouses of more or y ^ ^ open outwards, ana all doors of schoolhouses shall* rei ted while school is in session. than remain •’ "Bection 1 one stoi unlock* *‘8ec. 2. Tl t imevery public or private schoolhouse of two or more stories every story above the first shall be provided with either two or more exits from the upper floor separate and distinct from the exits of the lower floor, or cliall be provided tilth sufficient and suitable fire-escapee, which shall be built of iron or steel. “Skc. 3. That the tops of all furnaces in public and private schoolhouses shall, be covered with asbestos covering or masonry, and* the top of such furnace shall not be nearer than eighteen inches to the nearest woodwork above. Tin* ceiling above said furnaces shall be covered with asbestos. That no con tract shall be let for the erection of any school building, nor shall any public funds be paid out for the erection of schoolhouses of 4rwo or more storiep, until the phtns for such buildings shall have been submitted to the state architect and approved as to all the requirements of this act. 5 .; That each county superintendent shall annually inspect each public school build including the county high school building, in districts under his supervision; and the mayor or fire marshal shall annually inspect all public and private school buildings in dties of the second class; and the fire marshal ■hsU annually inspect all public and private school buildings in cities of the first class. The examining officer under this section shall report to the rcsj>ec- tive school boards having jurisdiction any violation of this act, or any cohdi- tions which he may deem dangerous, or which will in any way prevent a speedy fro® ffr® building, and it shall be the duty of said schoq) hoard when thus * notified immediately to make auch changes as are required by this act, and such * boards are hereby authorised to draw upon their*general revenue funds, without further appropriation, to comply with all the requirements of this act. ‘jsBC. 6. That in every public or private school haviiu? more than one hun- I summary dis- _ . , • o — r, , - - ■ — — — — vw.** month at some rime during school hours aside from thrtegular dismissal at the close of the day s session. ■ ‘Sec. 7 . That any officer or member of a school board who shall permit aiiv pro- i of this act to be violated for sixty days may be removed from his office bj - - , y ^ w WT-WWJ MV • vmv V VM «t ..... WMJ WJ||LU u y £ civil action. Independent of such civil action, any officer member of a rchool > ci ty t superintendent, principal, or teacher violating' any provision of tfcfa.BSrt jhall be guilty of a. misdemeanor, and shall be punished *by a fine of W fif ty dollaes or naore than five hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment; provf< ?ver, that this act shall, not prevent the prosecution .and punish- ment of an officer or other person under the ordinary provisions of the crimes \7V - BUILDINGS AND Sim v 105 act for death or injury to any child in a public or private •chooloecasioned by the negligence of such officer or other person. "Sec. 8. That within sixty day* after the taking effect of this act the pro- visions of section 1 of this act must be fully complied with, and within one hun- dred and twenty days the provisions of sections 2 and 3 must be complied with; „ ^nd any neglect to .comely with the provisions of this act beyond the times , herein specified shall subject the officers and persons named in this art to the penalliee prescribed in thifc act.’* -• * Sec. 9. * * * v Chap. 209, Feb. 23, 1909. 478 Maine: Relative to the safeguarding of schools against danger from fcre . , “Any building which is used in whole or in part as a school house shall lie provided with proper egresses or other means of escape from fire sufficient for the use of all persons therein accommodated. These egresses and means of . . escape shall .be kept unobstructed, in cikmI repair and ready /or use. Stair-^' ways on the outside oftfie building shall have suitable railed landings at each story abovd tho. first, accessible at each story from doors or windows and such stairways; doors or windows shall be kept clean of snow, ice and other obst ruc- tions. In school buildings of more than one story there shall he at least tu^» separate means of egress by ’Inside or outside stairway, and eochistory above the first shall be supplied with means of extinguishing fire consistingof pails . of water or other portable apparatus^ or of a hose attached to a Suita bio water supply and such appliance shall be kept at all times ready for use and in good condition. Upon written notification by the superintending school committee that any school building docs not meet the specifications herein named, the municipal officers of the town shall at once ppW'oetf to correct the. defects, end any failure so to act shall render the town liaMe to the provision* m of section • sixteen of chapter fifteen of the revised statutes.' * , . ^ Chap. 100, Mar. 18, 4909. 479 Maine: Amending see, 38, chap. 28, Revised Statutes, 1903, relative to pmtee- - lion of life in buildings used tor public purposes. ^ Providing for fire eaca)>es on all school buildings two stories or mefre in height, . . P . Chap. 194, Apr. I, 1909. P •!;*0 Minnesota: Prohibitin'* my school board af any public school in any city having a population of 20,000 or mom. inhabitants from using basement rooms for grade school purports and fixing the punishment for the violation thereof. T " Chap. 52, Mar. 12, 1909. IS1 .Missouri: Repealing sec. 1, act approved Mar. 24, 1903, relative to fire escape* on public buildings, and enacting a substitute. ^ “Sec. 1. It shall lie the duty of the owner,- proprietor, ••lessee or keeper of every liotel, boarding and lodging house, tenement house; school house, open : 'house, theatre, music hall, factory, office building, except fire-proof office building*, in which all structural parts are wholly jpf brick* stone, tile, con- crete, reinforced concrete, iron, steel, or incombustible* material, and which are not used for lodging purposes, in the state of Missouri, and every building therein where people congregate or wh$h is used as a business place, or for public or private assemblages, which na* a height of three o.r more stories, to . provide said structure with stair fire escapes attached to the exterior of said building and by stair cases located in the interior of said building. The fire escapes shall commence at th6 sill of the second story window, ana run to the upper sill of the upper story with an iron ladder from the upper story to the roof. The fire escape shall extend downward from said second story to within nine feet of the jgrotmd, pavement or sidewalk. School buildings, opera houses, theatres and church buildings; also, hospitals, blind and lunatic- asylums and seminaries, shall each have. a stair fire escape built Solid to the ground. In no , case -shall a fire escape run past a window where- it is practicable to avoid it 1 All pro escapes required by this act must be of the kind kbown as ftat letter" . fire escapes. All buildings heretofo£e erected shall be made to conform to the provisions of this act." • ' . ' P. 713, June 12. Itor. ■ ^P-WAT* SSi • ; ' • o -7*V r ¥2m . %-':•>•-■ ii«UTO)N, WO., 1908-9. ^ Nebraska »ktiv® to providing buildings thieeor more stories high with fire earapes and fin protection ipr the supervision of the of or deputy commiasionei^of labor, providing for theexpenro thereof and penal- tieefor violations, Repealing secs. 16, 16, 17, 18, 19, and 20, Compiled Statutes, ■ Including school buildings. Providing for annual inspection. . \ * Chap. 61, Apr. 2, 1909. 7, chap. 116, Ihiblic ® New Hampshire! Amending, in a minor manner, sec. , Statutes, 1901, relative to the doors of public buildings. . ' ' ' Chap. 108, Mar. 31, 1909. (Sept. 1, 1909.) D ' City Building Code, roc. 105, providing that her^f^r erected or altered tobe used as a school shall be built . fireproof, does not forbid the use of a building not fireproof for a school* and « good faith made alterations in itobuilding, tobe^sidro ' bl T dlng P*} rB1 J wl t to plans approved by the department of buildings • d subsequently lease portions of the bu ing fora school though tSre • bmldingwas not fireproof ,-dty of New York v. Realty Aseocia^,il7 ST 8 , 486 R 9 bt f 1 ‘* 10 11,6 protection of the sanitary condition of certain • free-echool roomsinPitt County. - n ** shall, be unlawful for any person or persons to expectorate wJk °i certain free-echool rooms which are situated 2nd^fo\horth Car0li,la - “ d deeignftted “ McGoww “ - . , ~ h “ 1 <"*“*«* .. , Sxcifi.' ***... • Chap. 601, Mar. 6, 1909. 486 North Carollna: Providing Ore escapee and protecting human life, includes school dormitories. Chap. 637, Mar. 6, 1909. 487 North CaroUnat Providing proper sanitary surroundings for the state charitable and educational institutions. • . ,!^”5s [ u P on P^ 4 * 011 / the keeping of swine or swine pens unlawful within | • l * d,Ui of one-quarter of a mile of any educational or charitable institution! * . , Chap. 706, Mar. 6, 1909.’ m'.\‘ 488 Wortl> ”**•*•» Wiring one or more stationary fire escapes, consisting of V to toe outside of each one and every story, above the HL > first story, of all echoolhoueee in this state having more than one story, * - faig^thoee whose duty it shall he to have said fire escapee installed, and pre- ecnbing punishment ( for a violation thereof, etc. • F ./ Chap- 124, Mar. 15, 1909. 48? N *rthJDrt®tai Defihiii^ the duties of district boards in relation to the planting, cultivation, and protection of trees and ehruhe upon schooihouse groutide. ‘V-, i 4 . 201, Feb> 16, 19Q9, . f ,*p' iiiool-.-. ' F • •':■:■■•:;■■ ,/t ■; iSDMTE8. r • ''" ’>,1074' ■' < ‘ • * jX«| 401 Oiegoh: Requiring the doon of buildings used tor public purposes to open out* ' ward and providing penalty lor violation. / ‘ ^ Chap. 5, p. 617, Mar, 17, 1900 ftp. *».). - 1 402 Oregon: Requiring the doors _o( public buildings used for public purposes to ' open outward, and providing a penalty for violations. '■'] ^ Chap. 110, Feb. 23, 1909. 493 Pennsylvania: Providing for the safety of persons from fire or panic in certain buildings, not in cities of the first and second classes, by providing proper exitB, fire escapes, fire extinguishers, and other preventives of fire; by vesting jurisdiction for the enforcement of this act in the department of factory inspec- tion; providing proper penalties. ♦ Act 233, May 3, 1009. 494 South Dakota: Creating the office of ttate building inspector; providing far the' inspection and regulation of public buildings. Including public school buildings and defining conditions for inspected .. structures. Chap. 274, Msi. 9, 1909. .495 Wisconsin: Repealing secs. 1630-4 and 4390a, Statutes, and creating a new sec- tion to be numbered sec. 1630-4, Statutes, relative to fire escapes on buildings. Including schools. • * \Chap. 479, June 16, 1909. 496 •Wisconsin: Creating secs. 524m-l, 524m-2, J524mk 524m-4, 524m-5, 524m-6, and 624tfi-7, Statutes, providing for inspection of public school building*. “8:dteN 1. There are added to the statutes seven new sections to read: Section 524m-l. The inspector of rural schools, the inspectors of state graded schools, and the inspector of high schools of the state, jin addition to their other duties are hereby made inspectors of public school buildings. Saicf inspectors shall act under the direction of the state superintendent, and under such regu- lations as may be established by him. . “Sec. 524m- Whenever any county or'district superintendent, city super- intendent, member of a school board or board of education, or any voter of a school district, or a member of a board of heall shall make a complaint in . writing to the state superintendent that any building used for or in connection with any public school in bis county, district, city, village, or town, as the cate may be, is in an unsanitary condition,' or that the conditions are such as to nger the life and health of the children attending such school, or that the schoolhouse is unfit for school purposes one of said inspectors designated by the state supei tendent shall personally investigate.. and examine the premises- and igs concerning which said complaint is made. “Sec. 524m-3. Upon such investigation and examination, said inspector shall, if conditions warrant it, make, an order directing the school board, the board of education, tl^e town board of school directors, or other officer or officers having control of the sch l district or school corporation, to repair and improve such building or buildings as may be necessary, and to place, said buildings in a safe and sanitary condition; or if the said inspector shall deem the school- house unfit for school purposes and not worth repairing he shall state said fact and recite the reason therefor. * “Sec. 624m-4. The .said inspector shall file said order in the state superin- tendent s office, and cause true copies thereof to be delivered, by mail or other- to titeclerk of the district bpaid, the secretary of the town board of school airec tort, the clerk of the board of education of the district or school corporation ^hoolhdUBO *bd premises are located, and shall deliver k| provided. / J'fiife the aMd : 'otder shall therein which it shall -be^ com- ElfefSrtui reversed^ 6 ^^»jM^ ^all contiitoe in f^ and totirtatete superintendent . , - — • __ ™ L l .1 appeal to said superintendent, and the decision appealed from shall be stayed pending such appeal. J “S*c. 624m-6. Whenever any school district, school corporation, school board, board of education, or town board of school, directors shall refuse to comply with the order of said inspector within the time therein specified, such school district or school corporation shall forfeit absolutely its apportionment of mb fund derived from the seven-tenths mill tax. provided for in section 1072a of the statutes, and amendments thereto, and shall continue to so forfeit its regular apportionment of such fund until there is full compliance with the requirements of said order. Sec. 524m-7. Nothing in this act shall be deemed to interfere with the opera- tion of the provisions of subsection 3 of section 461 of the statutes, relating to the duties of county superintendents of schools, or with the' provisions of section 1418b of the statutes, relating to the inspection and regulation of the Banitary conditions of schoolhouses by boards of health.” Chap. 560, June 17, 1909.. (d) Buildings and Sites: Prohibition Districts. 497 # Arlsona: Prohibiting the maintenance of saloons, gambling houses, or other places inimical to good morals, within the territory embraced within a radius of 600 yards of the center of the grounds of any territorial normal school. . . Chap; 74, Mar.18, 1909. (Apr. 1^1909.) 498 Arkansas: Amending Act 278, Jets, 1907, prohibiting the sale of liquor within 5 miles of the university. A- * . ■ , „ Act 127, Apr. i2, 1909. 499 California: Adding section 172a, Penal Code, relative to the sale of vinous or alcoholic liquors upon or within 1 J miles of the grounds of any university having an enrollment of more than 1,000 students, more than 600 of whom reside or lodge upon said university grounds. . . Chap. 447, Mar. 26, 1909. (July l, 1909;) 600 Michigan* Amending the title and secs. 1, 2, 4, 5, 6, 7, 8, and 17, act 313, Public Acta, 1887 (secs. 5379, 6380, 5382, 6383, 5384, 5386, 6386, and 5395, Compiled Lswb, 1897), relative to sale, etc., of intoxicating liquors, and adding five new sections thereto. No license to be issued for new saloons within 400 feet from front entrance of church or public schoolhouse. Proviso. (Sec. 37.) Act 291, June 2, 1909. Missouri: Repealing act, p. 267, Laws, 1907, 'prohibiting the granting of a dram- shop. license within 5 miles of any state ‘educational institution enrolling 1,500 or more students. , P. 471, June 1, 1909. 602 Montana: Prohibiting the establishment or maintenance of saloons as places where malt, vinous, or spiritous liquors are sold at retail, within 2,000 feet of any state educational institution, ‘and prohibiting the issuance of permits or licenses therefor; fixing a punishment for violation. Chap. 90, Mar. 5, 1909. ^ 'flennesnee: prohibiting . the sale of intoxicating liquors ss a beverage near any " 1 ^ ,10 wfiethor the acliool be ■ .. /•'• > 1 / £stablishbig4>mile limit. 1, 2Cf t 1909. (July 1, 1909.) ■'J " •* *, W * ,v ’ • * . ‘ -v • * ' ' * ^ ' ft, ' ■ ! 1 TEAC&ERS ^ ELKlfoNTABY AND SECONDARY 8CH00L8. / M# - S£« (•) United States Flag in Schools. r * 604 Massachusetts: Amending sec. 60, chap. 42, Revibod Laws, 1902, relative !i #ie display of the United States flag on schoolhouees. Making display obligatory; formerly permissive. . Chap. 229, Mar. 27, 1909. 605 Nevada: Requiring school tqiBtees to procure and hoist on public schoolhouses the United States flag. » Chap. 97, Mar. 13, 1909. - 606 Vermont: Providing’ for the display of flags on school premises. • % V Act 48, Dec; 2, 1908. £. TEACHERS IN ELEMENTARY AND SECONDARY SCHOOLS. By reason of their vdlume, and of their many evidences of educa- tional progress/ the enactments concerning the standards of qualifi- cation and the conditions of certification of teachers in the public schools continue to represent one of the mdst interesting phases of the legislative activity of the # year) especially when considered with those dealing with normal schools and other institutions set up ft>r the purpose of the professional education and training of teachess. (See. section G, enactments 565-623.) . Of the measures of general, importance, the following appear to merit mention: California (507), providing for the classification bf schools and prescribing conditions for certain certificates; Alabama (510), amending in several important respects the code provisions governing examination and certification; Idaho (516), relative to questions, and examiners; Missouri (519) and West Virginia (524), adding apiculture to the list of required subjects for teachers 1 examinations; Vermont (523), providing for a more uniform system of examination; Wyoming (527), amending the entire code governing certificates; and North Dakota (540), encouraging professional spirit among teachers. Evidences of the movement for the centralization of control over the examination and certification of teachers are to be found in the Utah amendment (509) relative to the minimum qualifications for teaching; in the Colorado measure (513) creating a state boaAl of examiners; and in the Vermont amendment (522) relative to the conduct of teachers' examinations by the superintendent of education. * The conditions for the recognition of certain* diplomas as 1 teachers’ certificates, defined by Michigan (537), Minnesota (538), and Texas . (539), are in accord with the trend of the day in the matter of the t higher education of teachers. The steps taken by Missoiiri (534) are similar to those taken' in 8eyer$l States during recent years for" the protection of boards of 't r:' <■ i-.' /V r^^lOr * 8TAti■■fe‘tt6o£^:8Y8TEM6V S ^-L IffiljmOH,': .T 'IMMhV ’ i . •* . * ' ' ■ ' . ' • ' * ■* :** ^ ' -...*■ pleasures reflect in a striking way certain of the ethical and economic circumstances of the teaching profession. The new requirement of six weeks of professional training in Wis- consin (526) as a condition for certification after July 1, 1910, and the mini m um educational requirements for teaching. established in Utah (509) represent important forward steps. (a) Teachers: Qualifications; General. 507 Cattfornfat Amending sec. 1663, Political Code, relating, to the classification of Schools and teachers 1 certificates. ‘ V1663. 1. The public schools of California, other than those supported exclusively by the state, shall be classed as day and evening elementary, and dav and evening secondary schools. “The day and evening elementary schools of California shall be designated as p ry and grammar schools. "The day i portion < to teach in any way, in any school, if the „ and evening s as high schools and technics the other class. f< No teacher shall be em certificate held b; be tai jK !;V if. r.tv WXL ■. 4:' eligible 1 school below rthe sixth year in any day or evening ele- . . - - — r - y, which the county,, or city and county superintendent shall designate as a primary day dr evening ele- mentary school: And provided further. That the holder of any valid special ? nL C at?.f? r kindergarten work, or of any kindergarten-primary certificate, shall be eligible to teach in the kindergarten grades of day elementary schools. Chap. 595, Apr. 14, 1909. 508 California* Amending the. 1771, Political Code, relative to the powers of the county board of education. ■ Amending classification of teachers' certificates granted. Providing for the adoption of supplementary books. Authorizing revocation or suspension of teachers' certificates; conditions. \ Chap. 644, Apr. 17, 1909. 509 "Utah* Amending sec. 1795, Compiled Laws, 1907, relative to the requirements for the certificate of teachers. Section 1. * * . * f " That in 1911 and thereafter all applicants for teachers' certificates . to be eligible to enter the examination required by Jaw, must file with the State Board of Education evidence of their havin " ’ ■ high school education or its equivalent, and in i a 'successful . examination in Psychology and Hist .... further, That this requirement shall not be made of teachers who have 1 had tMee years' successful teaching experience in the schools of the State.'' *' Qhap. 84, Mar. 10, 1909. (b) Teachers' Examinations and ; C*wmcate^ 510 *Al»tuma: Amending fees. 1721, 1722, 1728, ahd 1741, Code, 1907, relative to # the examination and certificates of teachers. 4» *»d 7, Act 78, p. 106, Aug. .21, 1909 (sp. sms.). (Dec. 1, *909.) TEACHERS IK ELEMENTARY AND SECONDARY SCHOOLS. 511 Cllifonili: Amending sec. 1775, Political Code, 1906, relative to the 'duties of county boards of education. .. Reclassifying grades of certificates granted. Conditions for renewal. Chap. 126, Mar. 8, 1909. 512 California: Amending in a minor manner sec. 1521, Political Code, 1906, rela- tive to the powers and duties of the state board of education with reference to teachers' certificates. / * Chap. 257, Mar. 15, 1909. 513 * Colorado: Establishing a state board of examiners; prescribing duties; repealing sec. 2, chap. 135, LawB, 1899.^ Providing for the granting of state diplomas. “Sec. 1. There is hereby created a State Board of Examiners which shall 4 consist of a state superintendent of public instruction who shall be president of the board, and eight other persons who shall be appointed by the State Board of Education in the manner following: Immediately upon the passage of this act the State Board of Education shall appoint two members of said State Board of Examines, one of whom shall be recommended to it for that purpose by the president of the State Agricultural College and both of whom shall be citizens of Colorado, actively engaged in educational work and who are not membere or the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines, or the State Normal School, ffhicfc said members shall hold office until the first day of May, A. D. 1910. and whose respective successors shall in like manner' be appointed to hola office for successive terms of four years thereafter. “And the State Board of Education shall also in like manner appoint two members of Baid State Board of Examiners, one of whom shall be recommended to it for that purpose by the president of the University of Colorado and both of whom shall be citizens of Colorado, actively engaged in educational work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1 1911, and whose respective successors shall in like manner he appointed to hold office ‘for successive terms of four years thereafter. “And the State Board of Education shall also in like manner appoint two members of said State Board of Examiners, one of whom shall be recommended to it for that purpose by the president of the State School of Mines and both of whom shall be citizens of tne State of Colorado, actively engaged in educa- tional work, and who are not members of the faculties of either tne State Agri- cultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1912, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. “And the State Board of Education shall also in like manner appoint two v members of said State Board of Examiners, one of whom Bh&ll be recommended to it for that purposp by the president o^ the State Normal School and both of whom shall be citizens of the State of Colorado; actively engaged in edu- cational work, and who are not members of the faculties of either the State vnviuuM tiwa, ouu nuu two uuv uiciuucie ui me uu;uuieD vt euuef we ouiie Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1913, and whose respective successors shall in like manner, be appointed to hold office for successive terms of four years thereafter. “Sec. 2. The State Board of Examiners shall, as often as directed by the State Board of Education, and at least as ofteq as once a year, and after having* givep due public notice of the same, examine all applicants for State diplomas in such branches and upon such terms as in the judgment of the State Board of Examiners, shall be requisite to prove the applicant's possession of academic and professional attainments, folly. equivalent to those set forth ip section “Sec. And the'Wte. l&bard- of Education stall gfr&nt State diplomas to such, persons as shall by virtue of such, examination, be found to poetess the requisite scholarship ana culture and wlo shall also exhibit evidence satW&ttqiry to the State Board of Education, of good moral character. “Sec. 4* The State Board of Education shall feue State diplomas upon ^Aout e»>min>U^ jg I. f =. ’• • •' k # v: v- : ;§S# systems; lbgisl eight months in the public schools and shall - pass a satisfactory examination in all the branches required for a second grade certificate, and in addition in English literature, theory and art of teaching, algebra, physics and English history. The county or city superintendent may * transfer the standing of a second grade certificate in force to a first grade cer- tificate if the holder of such second grade certificate has taught a school suc- cessfully for at least eight' months and nas attended, since receiving such second grade certificate, a professional school for teachers for at least six weeks and received v cred its in at least two subjects. “2. A first grade certificate shall entitle the bolder to teach in the superin- tendent's district in which it is issued and Bhall be in force for five yeare. “3. A first grade certificate may be renewed by the county or city superin- tendent for one or more periods of five years each, provided the holder has taught successfully for a period of ten years. **Sec. 450 — 4. Whenever fhe supply of legally qualified teachers in any county has been exhausted the county or city superintendent with the ap- , pvoval of the state superintendent may issue special third grade certificates i on examination in the subjects required for suen certificates to as many per- sons as are necessary to supply the schools, provided that not more than one such certificate shall be issued to the same person. . “Sec. 450—5. 1. No first, second or third grade teacher's certificate shall be Issued after July 1st, 1910, .except as provided in sections 450—1 to 450— 4 ‘ j inclusive, of this act, provided further that nothing in this art shall repeal the j visions of section 450a of the statutes. * “2. Any person so desiring, may, however, qualify for the several grades of . certificates, provided for in this act, as therein required, at any time after Its passage and publication.'* Chap. 378, June 11, 1909. 527 *WfoufHgt Repealing sundry sections; Revised Statutes, 1899, as amended by sundry chapters, Session Laws, relating to the state board of examiners, their powers, duties, and compensation; the examination of teachers and the issu- j » ance of certificates. Chap. 33, Feb. 18, 1909. , TEACHE S IN ELEMENTARY AND 8EC0NDABY SCHOOLS. [ [J (e) Teacher*’ Examination* and Certificates: g p~i| | 628 Michigan: Amending sec. 1. act 186, Public Acte. 1901, a* amended by act 24 Pubhc Act*, 1905, relative to the legal qualifications of kindergarten, music’ and drawing teachers. . ’ uw '* — Act 111, May 19, 1909. 529 North Dakota: Amending sec. 871, Revised Codes. 1905, relative to state* teach- ers certificates. J'™' concerning diploma* from teachers' college of the univer- elenienUrySHcuItVr^^ cert,fica,e8 in domeatic study, and Chap. 96, Mar. 15, W09. (d) Teachers’ Certificates: Validity; Indorsement; Registration; Revocation. 530 Alabama: Reeling sec. 1742, Code, 1907, relative to forfeiture of life certifi- cates whenever the holder discontinues teaching for five consecutive years. Sec. 8, act 73, p. 106, Aug. 21, 1909, sp. seas. (Dec. f, 1909.) 531 California: Amending chap. 5, Statutes, 1880. continuing in force school teach- era certificates, state educational diplomas, and life diplomas. Validating certificates and diplomas granted previous to February 1, 1909. Chap. 186, Mar." 11 ] 1909! 532 ‘•Idaho: Amendjng sec. 593, chap. 6, art. 4, Revised Code, 1909, relative’ to issuance of special certificates. olMSSa^eSS iW^taST id0n ° f dip,0mM a “ d degreeS fr ° m , H. B. No. 168, p, 192, Mar. 15, 1909. 533 Iowa: Amending secs. 2734g and 2734h, supplement to the Code, 1907 relative to the renewal of teachers* certificates. * Chap. 181, Apr. 8, 1909. 534 Missouri: Repealing sec. 9962, chap. ^154, art. 6, Revised Statutes, 1899 as amended by p. 248, Laws, 1901, relating to the revocation of teachers’ certificates. Making the annulment of written contract* with boards of directors without. written^™ ,he r P em ( iera .<> f the board cause for revocation. Providing for written charges and hearings m all cases of revocation. Procedure. * ® P. 849, June 14, 1909. 535 South Dakota: Amending secs. 4 and 15, chap. 135, Laws, 1907, relating to the renewal, validation,' and revocation of state certificates. Secs. 1 and 2, chap. 140, Mar. 3, 1909; (e) Teachers* Certificates; Recognition of Normal School and College or University Diplomas. D. 536 Idaho (1909): A teacher’s certificate issued under Rev. Codes sec 593 empowering the state board of education to authorize county superintendents to u»rue teachers* certificates to graduates of state normal schools oranySe^d college or university having the right to grant degrees, providing that an" pph- c»nt for a certificate shall have Jbeen successfully engaged in teaching notTfeas firm! a 7 n^^Q t ! i8 ’ flhal1 P re8ent to ^e «tate board a certificate of graduation from a. normal school or a literary degree from a college or university, should be sjprpTST-; W 116 StATB SCHOOL SYSTEMS : LEGISLATION, Et3$.1908-0. dated as of the date of . the ipplicitioD and completion of proof , and relates back * . to the date applicant showed himself entitled thereto,— Brad field t\ Avon-, 102 P., 687. ... ■ ' 537 # Michigan: Authorizing the state board’ of agriculture to grant teachers' certifi- cates in certain cases. “Sec. 1. The State Board of Agriculture, on recommendation of the presi- dent and heads of departments of the Michigan Agricultural College, is hereby authorized togrant to persons who haye completed tho regular four year course in agriculture, together with a course in pedagogics covering ni least a half years special instruction in such subject *a teacher’s certificate, which shall serve as a lqyal qualification to teach agricufWireand the related sciences in any of the public schools erf. this State for the period of three years. ” Sbc. 2. * * * Sec. 3. * * * Act 165, June 1, 19Q9. 538 Minnesota: Amending sec. 1361, Revised laws, 1605, defining the value of teachers’ certificates issued by the state university and diplomas from the state normal schools, aqd repealing sec. 1369, Revised Laws, 1905, relating to the . ' " validity of teachers’ certificates issued by the state university. Defining separately the value of certificates granted to graduates of the col- lege of education of thefftrivereity and graduates of the normal schools. Sec. 1. * * */ Sec. 2. * • • m Sbc. 3. Elementary diplomas granted by the state normal school ii^on the f completion of such portion of the course of study as may be prescribed therefor by the normal school hoard, shall be valid as first grade certificates for the period of three years from their date, and shall not be renewable: except that any holder of such an elementary diploma may have the force and effect therom, as such first grade certificate, extended for a further period of three .years, by the completion of an additional ono year of work in a Minnesota state normal school, and the certificate of endorsement thereon by tho president of such school and the state superintendent; Provided , That the provisions of this sec- tion shall' not apply to persons now holding Minnesota elementary normal diplomas, nor to any student heretofore enrolled in a Minnesota state normal school who shall be graduated prior to .September 1, 1911.” Sec. 4. * * * Sec. 5. * * * Sec. 6. * * * Chap. 455, Apr. 23, 1909. 539 Texas: Amending' secs. 122, 123, and 124, chap. 124, Acts, 1905, relative to teachers’ certificates. ✓ Further defining conditions for recognition for state teachers’ certificates, or degrees, diplomas, and certificates granted by the university of Texas. Farther defining conditions for recognition of diplomas and degrees granted by colleges and universities of the first class. Defining grades and conditions for granting certificates in cities. Chap. 7, p. 394, May 6, 1909. (f) Teachers* Associations. 540 North Dakota: 5*roviding* for the encouragement of. professional spirit among teachers. 4 Authorizing boards of education to permit superintendents, principals, and * — u — “*-ite educational association held during school teachers to attend meetings of state suasion without loss of salary. 1 Chap. 98, Mar. 15, 1909. ■.■.‘tfO <•> >> .-<• , i ? j. fci" 1 ' 1ACHBB8 : EMPLOYMENT, ETC. P. TEACHERS: EMPLOYMENT; CONTRACT; APPOINTMENT; DISMISSAL. 117 1 (a) General. The passage of a permanent tenure law for teachers in New Jersey • (545) is by far one of the best illustrations of the legislative year for the increase of the efficiency of public education, seeking as it does to reduce the well known disadvantages to progress arising from an unstable instructional force. The amendment .approved in South Dakota (54S), permitting the participation of the people in certain school districts in the selection of teachers, and the decision of the Pennsylvania superior court (546-547) with reference to the wearing of religious garb by teachers, are not- without significance as features of the modern state educational policy. D. 541 District of Columbia (1908): The board of education of this District hai< the power to inquire into the qualifications of a teacher of the public school* aud to dismiss her without giving her the hearing required by section 10 of the act of ( oppress of June 20. 1906, chap. 3446.34 Slat , 321, which provides that. When a teacher is ou t nr hoino mvoatiMtod he, t .i • l*. wht»n a teach or is on trial or being investigated he or she shaH iaveThe right and by at least one friend of his or her selection;” to bo attended by counsel uuu uy »l hum. one menu oi ms or tier selection*” that serf mn being an independent provision for the protection of teachers against all charges that are not confined to the professional qualifications of a teacher.— -United States t>. Hoover, 31 App. D. t\, 311. D. 542 Iowa (1908): The rules applicable to ordinary contracts of employment as to measure of damages obtain in cases of breach of contract to teach a public school.— Byrne r. Independent School Dist. of Struble, 117 N. \V. f 983. D. 543 Iowa (1908): Where a contract to teach a public school is disregarded by - the district, and the teacher is denied the right to perform, he must find other employment to mitigate the damages, but his damages are not to be diminished for failure to secure other employment, unless by reasonable diligence he might have secured employment of the same grade in the same locality .—Byrne v Independent School Dist. of Struble, 117 N. W., 983. 544 Montana: Amending sec. 904, Revised Code, 1907, relative to construction of teacher's contract with respect to legal holidays. Uhap. 28, Feb. 25, 1909. 545 * New Jersey: Supplementing Acts, 1903 (sp. seas., Oct. 19), establishing a free public school system so as to provide permanent tenure for teachers (See secs. 106-108.) Se uV 1 * T . he wrvice of all teachers, principals, supervising principals of the public schools in any school district of this State shallbe during good behav- ior and efficiency, after the expiration of a period of employment of three con- secutive years in that district, unless a shorter period is fixed by the employing board; provwa, that the time any teacher, principal, supervising pr has taught m the district in which he or she ig employed at the time this act shall go into effect, shall be counted in determining such period of employment. No principal or teacher shall be dismissed or subjected to reduction ofaatary ' in ssud school district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her, signed by the person or persons making the same, and filed with the secretary or dork of the Board of Education having charge- of the school in which the service is being rendered; and after the chaige shall have been examined into and found truein fact by said Board of Education.' upon reasonable notice to .the ichaj^ 1 'htomay'bei'spr^ 1 '' ai f. , ? ".a ■ \ V 118 STATS SCHOOL SYSTEMS: LEGISLATION, BTC., 1908-0. ■ented by couoael at the hearing. Chaigffmay.be filed by any peraon, whether a member of aaid jrbool board or not. • % ^ m Sec. 2, Said Board of Education shall have power to issue writs of subpoena - on behalf of either party to compel attendance of witnesses to testify before said board in the matter under investigation, which subpoena shall be issued under the aeal of aaid board and be signed by the secretary or clerknhereof, and shall be served in the same manner aasubpoenas issued out of the Courts of Common Pleas of this 8tate, and every person whp refuses or neglects to obey iho com- mand of such a writ, or, who, after appearing, refuses to be sworn and testify, ■hall in either event be liable to a penalty of fifty dollars, to be sued for in the name of asid board in any court of competent jwisdiction, which penalty when collected shall be paid to the treasurer or Custodian of moneys of said boaid. Any membcr'of said board is hereby authorised to administer oaths to surh witnesses as may appear or be brought before it, and any person who shall have been so sworn and who shall testify falsely, shall bb guilty of perjury. 0 "Sec. 3. Nothing herein contained Shall be held to liiutt the right of any . school board to reduce the number of principals or teachers employed in any ochool district when such reduction shall be due to a natural diminution of the number of pupils in said school district; and. provuhdfvrthrr. that the service of any principal or teacher may be terminated without charge or trial who is not a holder of a proper teacher's certificate in full force and effect." 8xc. 4. * • # Chap. 243, Apr. 21, 1909. (Sept. 1, 1909.) D. 546 Pennsylvania (1909): The provision in Act June 27, 1895 (P. L., 395). "That no teacher in any public school of this Commonwealth shall wear in said school or whilst engaged in the performance of his or her duty as such teacher any dress, niark, emblem or insignia indicating the fact that such teacher is a mem- ber or adherent of any religious order, sect or denomination," does not disqual- ify any person from employment as a teacher "on account of his religious sen- timents; ’ It is directed against the acts, not beliefs, and only against acts of > the teachers whilst engaged in the performance of his or her duties as such teacher.— Commonwealth r*. Herr, 39 Pa. Super. Ct., 454. < The religious freedom and the rights of conscience guaranteed by the Constitu- tion do not necessarily and always stand in the way of the enforcement of laws commanding or prohibiting rhe commission of the acts even by those who con- scientiously believe it to be their religious or moral duty to do or to refrain from doing.—/*/. The right of the individual to clothe himself in whatever garb bis taste, his inclination, the tenets of his sect, or even his religious sentiments may dictate is no more absolute than his right to give utterance to his sentiments, religious or otherwise. In neither case can it be said that a statute cannot restrain him * from exerei sing* these rights whenever, wherever, ifnd in whatever manner he conscientiously believes it to be his moral or religious duty to do so. — Id, D. 547 Pennsylvania (1909): Act June 27, 1895 (P. L., 395), entitled "An act to prevent the wearing in the public schools of this Commonwealth, by any of the** teachers thereof, of any dress, insignia, marks, or emblems indicating the fact that Such tearheris an adherent or member of an v religious order, scctordenomi- nation, and imposing a fine upon the board of directors of any public school permitting. the same," is sufficient in title, and does not violate Const., art. 3, sec. 3,. declaring that no bill, except general appropriation bills, shall contttn more than one subject which shall be expressed in the title.— ComnAon wealth r. Herr, 39 Pa. Super. Ct., 454. The statement in t^he title that the fine is to be impoeed-on the "board of directors," whereas the penal provision contained in the body of the act is directed against the director or directors who offend, does not render the act unconstitutional. —A/. The title of Act June 27, 1895 (P. L., 395), entitled, "An act to prevent the i wearing in the public schools of this Commonwealth by any of tne teachers thereof, of any dress, insignia, marks Or emblems indicating the fact that such teacher is an adherent or member of any religious order, sect or denomination and itnpbainjg a fine upon the board of directors of any public school permitting the same/'. is sufficient to cover provisions relating to the suspension and dis- qualifying of teachers who violate the act and to cover the provisions relating to the fining of individual directors, of the deprivation of the directors of their office, of their disqualification for office.— Id, T"-L' TKACHKB8: EMPLOYMENT, BTC. 119 MB * South Dakota: Amending aec. 110, chip. 136, Uwt, 1907, relating to the employment of teachers. “8«c. 110. • .• V Provided, fitrAer, That in any school district consisting ' of one or more townships, in any school except in a city, town or village of more ■ than fifty inhabitants, if a petition be presented to tbe clerk of middistrict or school board on or before the regular hod meeting: in July, signed by three- fourths of the parents or guardians of persons of school age belonging to anv echoo! in said district, spch petition asking that a certain teacher be employed for the following school year, provided said teacher at tbe time of said meeting is tho bolder of a valid second or third grade certificate or certificate of higher grade, it shall be the duty of the school board so petitioned to employ said teacher provided said teacher is williog to teach said school at the wages paid ' other teachers in said district of like qualifications ar*. holding like certificates." Chap. 36, Feb. 17, 1909. — !? " 1 Wf, r : BTSTEMS: USGISLA't'I&S', fefO., 1908-9. Ir act, a meeting oftill the teachers Who have made such application may be called by five or more of such teachers, who shall designate the time and place of hold- ing such meeting, and publish notice thereof at least once a week for two succes- sive weeks, in a newspaper published in such city. Such teachers shall, at such meeting elect by ballot, one female teacher, who shall hold office as irustee aforesaid, for a term of One year, one fetpale teacher whe* shall hold office as trustee for a term of two years, one male teacher who shall hold office as trustee 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 necessary in each case for an election. “5. Annually thereafter, at a meeting duly called by the board of trustees of the public school teachers' annuity and retirement fund* on the last Saturday of September, one female and one male teacher Bhall be elected in the same manner for a term of two years. At the next meeting of the board of school directors or managing body, held after the election of such trustees as aforesaid, the board of school directors, or other managing body in such cities, shall elect two of their number to be members of the board of trustees, of the public school teachers’ annuity and retirement fund, for the term of one year, and two of their number ta be members of said board of trustees for a term of two years, and annually thereafter at their first regular meeting held after the last Saturday of September the board of school directors or other managing bodies of school? in such cities, shall elect two of their members to be members of the board of trustees of the public school teachers* annuity and retirement fund, for the term of two years. Such trustees shall hold office until their successors are elected and qualified. “6. A majority of the members of said board of trustees hereby created shall constitute a quorum for the transaction of business. Such board of trus- tees shall, within ten days after the election, of such trustees, as hereinbefore provided, hold a meeting and organize, by the election from their members, of a president, vice-president, and secretary, and may adqpt rules of order not inconsistent with this act. In case of a vacancy, the, board of trustees shall, within ten days after its occurrence, fill the same for the unexpired term. “7, A teachers’ annuity and retirement fund is hereby created in cities of the firet class, and the fund shall consist of: A permanent and general fund. The permanent fund shall be made up of gifts and legacies, specifically given to said permanent fund. ° “The general fund shall be made up of: (а) Gifts and legacies not specifically given to said permanent fund. (б) Interest derived from said permanent fund. (c) All moneys obtained by such other methods of increment as may be duly and legally devised’ for th& increase of said f und . “The general fund nlhy no drawn upon for the purposes of this act by said board of trustees. “8. Said board shall have\ control of the annuity and retirement fund and the investment Jthereof, investing the same only in such securities as savings banks are authorized by law tc( invest in. The board shall receive and consider all applications for annuity under this act, shall determine the amount if not otherwise provided and direct payment of the annuities. Whenever any mem- ber of the board shall cease U> nold a position as a member of the board of school directors or other managing body or as a teacher in the public schools, his or her membership in said board of trustees shall thereupon cease. “9, The city treasurer shall, ex-officio, be the custodian of said annuity and retirement fund, and shall make payments therefrom; he shall keep the books of account concerning such fund, in such manner as may be prescribed by said board of trustees, which books of account shall always be subject to the inspec- tion of the board of trustees, or any„ member thereof, and any contributing .teacher. He shall also keep and truly account for all moneys, profits and securities coming to hifl hands as such treasurer, belonging to such fund, and at the expiration of his terms of office shall pay over, surrender and deliver to Jps successor money?/ profits. eecUHtieSjj .and. other property of whatever kind, nature; or description Which miy be in hi© hands W under his control as custodian aforesaid. , \ " Banning with the monthly payment of teacher* salaries in November, after the first meeting of the board of trustees aforesaid, the board of school directors^or other managing body, shall reserve from the salary of each teacher ' 5 ho ha * cpme under the provisions of this act, pursuant to authority theretofore I:-"'--' : ■ - ■ : - .. . . n TEACHERS : EMPLOYMENT* ETC. del and shall pay the sums 00 reserved into the public school teachers’ annuity and retirement fund as herein provided. “11. The city treasurer, upon the order, of warrant of the board of trustees shall pay out of said annuity and retirement fund, in monthly payments, to each teacher who shall retire from the service of the city upon the recommen- dation of the board of trustees determined by a majority vote, and under the provisions o(this act, and be entitled thereto, the sum of four hundred dollars annually; provided, however, that if said annuity and retirement fund shall at any time be insufficient to make such payments, the amount in said fund during said period shall be pro-rated among the parties entitled thereto, but in no case shall any teacher receive such annuity until he has taught twenty- five years, and lor at jeast fifteen years in the public schools of the city to which this act applies, except as hereinbefore provided; provided, however, that • should a teacher who has taught for fifteen years or more in any such city, become incapacitated, haying paid the amount of fifteen years contributions or more, as herein provided, the board of trustees may, in its discretion allow such teacher, si * months after he has ceased active service in the school, upon a certificate of such incapacity furnished by the attending physician and by a physician employed by the board of trustees, an annuity, toe amount of which shall be determined by the board of trustees, and such annuity shall cease when the incapacity ceases. Should such incapacity become permanent and should such teacher retire from the service of such city, the board of trustees may pay to such teacher a proportionate annuity. Such annuity shall be as nearly as practicable, as many twenty-fifths of the full tmnuity provided in this section as the years of service of such teacher in said city are a part of twenty- five* ■ ' . V ”12. All annuities granted by the board of trustees or other managing body under the provisions of this act, shall be uniform in amount except as otherwise * provided. ”13. Noanpuity shall be paid to any teacher until such teacher shall have con- tributed to the general fund a sum equal to all the assessments for twenty-five years, to-wit: five hundred dollars, except as herein otherwise provided. Any contributing teacher who has taught in said city for a period of four years or more may in addition to the monthly payments provided by section five, pay into the city treasury as a part of said funds in sums of ten dollars or any multiple thereof, until the entire sum of five hundred dollars is paid by such 'teacher, whereupon, all monthly payments shall cease. ”14. Any contributing teacher who shall retire voluntarily or involuntarily from the service, not being in receipt of an annuity, or being less than sixty-five years old, shall, if application is made within three months after date of his retirement, receive the total amotlnt paid by him into said fund, and in case of the death of any contributing teacher, his heirs or legatoos shall be entitled to receive the total amount paid by such teacher into said fund, upon application therefor within three months after the date of death, and upon proof of death and upon said claim made to the satisfaction of said board of trustees. ‘ * 15. Any member of the teaching or supervising force who shall have attained the age of sixty-hve years and who snail have been engaged in the work of teach- ing or supervision for a period aggregating twenty-five years, at least fifteen years of which Bhallhave been in the public schools of said city, shall, if he or she desires to retire, be entitled to receive, after retirement, out of tne teachers’ annuity and retirement fund an annuity of four hundred dollars per year, if the general fund shall permit this sum to be paid to other retired, members; otherwise he or she shall receive the same amount as is permitted to be paid, to the other retired members. ” 16. All annuities granted under the provisions of this act shall be exempt from execution, attachments and earn if t process, and no annuitants Shall have the right to transfer or assigning or her annuity. V . ” 17. All elections or appointments of teachers by the board of school directors . or other managing bodies in cities of th&first class shall be oh probation, and after . a successful probation for fdur years, le election or appointment shall, be per- manent during* efficiency or good bebavihr, provided that teachers having taught four years or more in cities to which this act applies shall be deemed to have served their term of probation. No teacher who has become permanently employed as hereifi provided by reason of four or more years of continuous serv- ice, shall be discharged/, except for cause upon written charges, which shall after ten days’ written notice thereaAto such teacher, upon such teacher’s written request,, be' investigated, hearr 8 , tude , nt8 o f . both sexes, and it shall also be known as 'The State ^ *“? ,ta •P ec ' al . work * nd purpose shall be to train teachers for all grades and departments of the public school. It shall offer coureesof 666 Jtudy which shall incTJdredu-catio^i tT^y a^d p^tlcVin'^rKna i? d t ^-M 8 n. a ^i^ a ? r T" b u e w< ? rk in ? ,ud 'ug educational theory anf ' practice ' D iL t f aC |‘ n 8 , ® ad, “g to teachers’ certificates and diplomas. Four hundred fha (inlil i a# a.tJ be maintaineci in the School of Education; provided ° that m ft,.;- xy . » . - — --o ; — w W ry fcllU practice certificates and diplomas. Four hundred *u» L”i"j _ ’ r “ «•— ww uiwuhuucu in the School of Education: provided that ? U iS5 ^olarehipe enrolled in the secondary training department ? ha,Ut noti . mo exceed two^indred. g Theholdcre on fees. } length 1 terminate i certificate or uav ui may oi earn year the Fi ‘ >nmne the number of appointments to be ma ■vwuiDg year, ana e Public Instruction.” .hi^2k:iii-. N " mal “ d d 'P*o“aa. Holden of Normal acholar- r € ? u,red f° d *clare their intentions to complete the prescribed ht *”2? *° • hoW« of a normal TEACH KBS! PROFESSIONAL- TRAINING, 127 negleet or incompetency, the normal scholarship of any student, and he may lire, upon such cancellation, . the payment to the University of all fees unexacted by reason of the scholarship. Holders of feathers’ certificates issued by the School of Education of the University shall be entitled, without further examination as to scholarship, to teach the grades or subjects mentioned in the certi cates for a period of five years after Buch certificates are issued. Holders of teachere’ grammar grade diplomas thus issued Bhall be entitled then>.' r ter to teach in the elementary schools without examination as to scholarship, pn>- that the holder of such diploma after haviifc had two years of succet 'ul experience in teaching in this State shall be entitled to a life grammar grt> le diploma to he issued by the State Board of Education. The University muy confer degrees upon students who have satisfactorily completed the prescribed courses in the School of Education, which degrees shall thereafter be sufficient evidence of the holder’s qualification to teach in the elementary and high schools without examination as to scholarship; provided that a degree from the University with an accompanying diploma conferred prior to September 1, 1911 shalrhave the same force as a degree.given for the completion of a course *in the School of Education.* 1 Chap. 45, Mar. 11, 1909. (b) State Normal Schools. The establishment of new state normal schools — California (509), Colorado (570), Maine (575), Nebraska (581-582), New Hampshire (583), New Mexico (584), North Dakota (586), Oklahoma (587-589), Texas (593), and Wisconsin (601) — constitutes the most important feature of the legislation on this subject. Directly opposed to this was the attitude taken in Oregon (590) toward the normal schools. Ap attempt to bring the work" of the state normal schools into closer and more harmonious relationships with the other higher educational institutions of the State is observable in those States co 1 Lralizing the administration of higher education — Iowa (925), Montana (62), Vermont (74), West Virginia (76). The designation of the Iowa state normal school as the Iowa State Teachers College (572) is undoubtedly the forerunner of similar measures for the elevation of the standards and dignity of the pro- fessional education of teachers. The unification of the course of study for normal schools in Arizona (566), the inclusion of special • instruction in physical defects as a part of the normal-school coursd of study in California (568), the authorization of a special course of study in the North Dakota state normal schools (585) for pupils from rural schools, the recognition of the course of study for rural-school teachers in the Wisconsin state normal schools (598), the establish- ment of normal-school scholarships in Connecticut (571), and the creation* of a> special commission in Vermont (595) to consider ways and means of improving the public schools by increasing the facili- ties for training tSachers, are typical of the several movements for. the betterment of the service rendered by these schools. ' • While seldom revealed by the general legislation, the fact that the normal sbhools in the great majority of States received greatly in- creased appropriations for the expansion and development of their oiTuote.- >•' , ; W t • *■ - ^ v , r ... ■ fr* 128 STATE SCHOOL SYSTEMS * LEGISLATION, ETC*, 1006-0. 666 # Altoona: Providing for the uniform courses of study for the territorial normal schools of Arizona. Chap. 58, Mar, 16, 1009. (June 30, 1909.) 667 "Arison** Providing for the government and attendance of children ofscJi age at training schools established in connection with normal schools. Chap. 87, Mar. 18, li 668 California* Amending sec. 1492, Political Code, 1906, relative to the dull . the joint board of state normal-school trustees. Normal-school courso of study to include manual training. -domestic science X 'culture, physiology and hygiene, and "the methods of distinguishing such h'ld" < * e ^ ecta M ten “ 10 1,10 Physical and mental development of the Chap. 146, Mar. 10, 1909. 669 "California* Establishing in the city of Santa Barbara a state normal school of manual arts and home economics. Chap. 471, Mar. 27, 1909. 670 Colorado* Making an appropriation for the erection and construction of a build- ing, and the furnishing of the same, for the state normal school at Gunnison (approved, except as to an item of 925,000 for furnishing). Chap. 79, May 5, 1909. 671 "Connecticut* Providing for trained teachers for small towns.* "The state board of education may at all times maintain, in any of the normal schools, One student, selected on tne basis of scholarship and general fitness, from each town in the state having a valuation by the board of equalization of less than one and one-half million dollars, upon the recommendation of the town school committee or board of school visitors of such town; and for students admitted to said schools under the provisions of this act living expenses, not to exceed one huhdred and fifty dollars for each pupil in anyone year, shall be provided by said state board of education free of charge. Every person enter- ing a normal school under the provisions of this act shall enter into an agree- ment with the state- board of education to remain at the normal school for two years, unless in case of ill health or dismissal by the school authorities, and to teach in o^e of the towns from which such students Are nominated orappointed fora period of three ypare after graduation unless excused by the stats board of education." Chap. 198, Aug. 5, 1909. 67? "Iowa: Amending sec. 2675, Code, 1897, relative to the normal school at Cedar Falls. Changing official title to Iowa State Teachers 1 College. Chap. 171, Apr. 6, 1909. 673 Iowa* Amending sec. 1, chap. 186, Laws, 1905, relative to the levy of ,a millage tax for the Btate normal school and providing for the expenditure thereof. Chap. 236, Apr. 12, 1909. 674 Maine* Amending sec.' 112, chap. 15* Revised Statutes, 1903, relating to normal schools and training schools. t Removing. requirement of incidental fee for students. Chap, 27, Feb. 26, 1909. 676 " M a in e* Establishing an additional normal school to be located at Machias, in the county- of Washington. r ‘ • Chap. 44, Mar. 3, 1909. 676 Maine* Amending sec. 113, chap. 15, Revised Statutes, 1903, as amended by chap. 11, laws, 1905, relative to the number of trustees of state normal schools, 'increasing number of trustees from 8 to 9. Conditional. Chap. 103, Mar. 13, 1909. ^Appropriating 115,00 gea chap. 4fl7, p. Ilb7, Bpselal Acts, ISOS* V TEACHEB8: PROFESSIONAL TRAINING. 129 677 "Maine: Amending fee, 116, chap. 15, Revised Statutes, 1903, relative to appro- priations for the normal schools. ) Increasing annual appropriation from $40,000 to $65,000. Chap. 106, Mar. 18, 1909. 678 Missouri: Repealing sundry secs., art. 1, chap. 155, Revised Statutes, 189p; establishing normal schools and providing for their government by boards of reg&ts; defining the powers and duties of said board. P.851, June 1, 1909. 579 Montana: See enactment No. 62. 580 Nebraska: Repealing, and re-enacting with amendments, secs. 1 and 22, sub- divis. 13, chap. 79, Compiled Statutes, 1907 (secs. 11720 and 11744, CJobbey’s Annotated Statutes, 1907), relative to the control of state normal schools. Re-creating normal board of education and extending the authority of it to all state normal schools and jun^r normals. Chap. 125, Apr. 1,1909. 581 # Nebraska: Providing for tfie location and erection of an additional state normal school at some suitable place; providing for its maintenance and receiving .donation therefor. / Appropriating $35,000. Chap. 126, Apr. 5, 1909; 582 * Nebraska: Authorizing aud directing ^ie purchase of the Nebraska Normal College at Wayne by the State, to be used thereafter for a state normal school; Appropriating $90,000. Chap. 127, Apr. 6, 1909. 583 "New Hampshire: Establishing a normal school at Keene. Appropriating $10,0(00 for establishment, and $12,000 for maintenance. Chap. 157, Apr. 9, 1909. 58* New Mexico: Relating to the establishment of the New Mexico Spahish-Ameri- can normal school. ^ Establishing a normal school, the chief object of which is to educate Spanish- speaking natives as teachers in the public schools in the counties and districts wherevthe Spanish language is prevalent. ('hap. 97, Mar. 18, 1909. 585 # North Dakota: Authorizing the superintendent bf - public instruction and presidents of the state normal schools to arrange a course of study for the state normal schools to provide for students from the rural schools. Special course of study in state normal schools, ten and one-half months in extent for pupils who have completed the eighth grade of the common schools Oraduates of such schools to. b<* entitled to a certificate equivalent to a second- grade certificate. Defining content of course. . t Chap. 100, Mar. 12, 1909. 586 " North Dakota: Submitting to vote proposed amendment to sec. 216 of the constitution. Establishing and locating a normal school at Minot. ' * ' " H. B, 6, p. 339, Mar. 16, 1909, 587 "Oklahoma: Creating' a normal school at Ada, and making an appropriation for the erection of suitable buildings. S. B. 83, p. 560, Mar. 25, 1909. VF! f" I 180 p 1 t?7" V' 77* T't '”■< — 7"^". i> v ip < i. ■ 1 pr 1 ■ ■" f " ■.■•; . »- ' STATE 8GHOOL 8Y8TEM8 : LEGISLATION, ETC*, 1906-0. 566 * Oklahoma: Creating the Southeastern Normal Schobl at Durant, and making an appropriation for the erection of a suitable building. H. B. 25, p. 561 jklar. 6, 1909. 589 • Oklahoma: Providing for the creation and location of a northeastern state normal at Tahlequah, Cherokee County, for the purchase of the Cherokee Female Seminary for that purpose, and for the maintenance of same. H. B. 236, p. 562, Mar. 6, 1909. 590 * Oregon: Abolishing the Central Oregon State Normal School, and authorising the board of regents of normal schools to dispose of the real property belonging Chap. 85, Feb. 23, 1909. to said normal school. 591 Tennessee: See enactment No . SOS. 592 Tennessee: Permitting municipalities or counties to issue and sell bonds for the purpose of purchasing sites and erecting and equipping state normal schools; providing for the payment of interest on bonds and for a sinking fund with which to retire same, and other matters pertaining thereto. ' Chap. 580, May 1, 1909. 593 # Turns: Establishing the West Texas State Normal College, and providing that the state board of education shall control the same. Chap; 119, p. 235, Mar. 31, 1909. 594 Vermont: Amending sec. 952, Public Statutes, 1906, relative to appropriations for normal schools. Sec. 1; Act 35, Jan. 28, 1909. 595. # Vermont: Creating acommission of 5 members to investigate and consider ways and means of improving the public schools by increasing ^facilities for training teachers, by making the work in such schools more practical through instruction in agriculture and manual arts. Report to the general assembly of 1910; plans for new normal schools to be submitted. Sec. 2, Act 35, Jan. 28,. 1909. . D. 596 Washington (1909): A model training school, intended to be established bv Laws, 1907, p. 181, chap. 97, by drafting as many pupils as are necessary from the school district in which each normal school is situate, is not a common school within the meaning of Coast, art. 9, secs. 2, 3, requiring that the revenue for common schools shall be exclusively applied to the use and support thereof and hence so much of such chapter as provides (section 4) for an apportionment of the funds of the school district to the support of such training school con- travenes the constitution . — School Dist. No. 20, Spokane County, v. Bryan, 99 P., 28. 597 West Virginia: See enactment No. 76. 598 Wisconsin: Amending subsec. 5 of sec. 404 and sec. 405, Statutes, relative to normal schools. Providing for the issuance of teachere* certificates to students completing the course for teachere of country schools; said course of study to be equivalent to the course of study prescribed for the county training schools. ' , -Chap. 204, May 27, 1909. 599 Wisconsin: Amending sec. 406a, Statutes, relative. to the annual appropriation for normal schools. (appropriation for normal schools from $215,000 io $540,000. Chap. 319, June 9, 1909. i * TEACHERS! PROFESSIONAL TRAINING. - 181 600 Wisconsin* Appropriating certain sums ol money to the normal school fund income to make additions, enlargements, and changes to and in the normal school buildings at La Crosse, Milwaukee, Oshkosh, Platteville, Stevens Point, Superior, and Whitewater, and to purchase additional lands at Milwaukee for the use of the normal schools. Section I, * * * / Sec. >.*•*' i Sec. 3. * # * Sec. 4. * • • Sec. 5. * * * * Sec. 6. “There is hereby appropriated from .the general fund of the state OUl of any moneys in the state treasury not otherwise appropriated, to the nor^ mal school fund income, the sum of sixty-five thousand dollars for building a woman's dormitory and furnishing and equipping the same at *the normal school in the city of Superior.' ’ * Sec. 7: • * • Skc.*$. ■* • * ('hap. 320, June 9, 1909. 601 Wisconsin: Providing for the location of a state normal school site at tho city ^ of Eau Claire. City of Eau Claire to furnish site. Chap. 4*21, June 15, 1909. (c) County and Local Normal and Training Schools. The measures nstiiMiililcil under this heading indicate continuation of^the movement in certain quarters to utilize the high school as semiprofessional training school— Kansas (602), New Y'ork (604), North Carolina (605), and Porto Rico (606). Nevada (603) provided for the establisljppt of county normal training schools, while Wis- consin (609) offered evidence of the success of such schools by increasing their number front 20 to 26. 602 "Kansas: Providing fur normal training in high schools and academies, and providing for state aid to high schools giving such normal training. “S echos 1 . That for the purpose of*afTording increased facilities for the professional training of those preparing to teach, and particularly tlntfo who are to have charge of our rural schools, tlio State Board of Education shall make provisions for normal course* of study and for normal' training in such high schools as said Board of Education shall designate; provided, that said high schools shall bo selected and distributed with regard to their usefulness in supplying trained teachers for schools in all portions of the state and with regard to the number of teachers required for the Bchoola in each portion of the state. Sec. 2. Each high school designated for normal training and meeting the requirements of the State Board* of Education shall receive state aid to. the amount of li ve hundred dollars per, school year, to be paid in two equal instal- ments, on the first day of March an,d the first day of June each year, from the state treasury, on a voucher certified to by its superintendent or principal and approved by tho state superintendent of public instruction; provided, that no part of such money received from the state shall be used for any other purpose .. t ^ n 1 _ P*y liners' wages; and provided ftirthor, that in case more than one high school in any one county shall establish a normal course in accordance wrth the provisions of (his act and shall he accredited by the {State Board of ' , EcfRcation,-the total state aid distributed in such counties shall not exceed one thousand dollars, and in case there are more than two hip schools in any . °P. e bounty designated and accredited by the State Board (/Education, state * amo^^i4^^i« ° t eXCe ^ iD ^ ° ne t ^ 0UBan ^ dollars ahall^be equally divided 4 < 132 STATE 8GHOOL SYSTEMS: LEGISLATION, ETC., 1908-0’ *' Sec. S. In order that a high school shall be eligible to receive etate aid under .. this act, it shall faavo in regular attendance- in its normal training-courses at least ten students during each semester, and such normal training-work shall be given under such rules and regulations as the State Board of Education may prescribe, subject to the provisions of this act. “Sec. 4. On the third Friday and Saturday of May each year in each high school accredited under tho provisions of this act, an examination of applicant* for normal-training certificates shall becomlucted l under such rules as the State Board of Education may prescribe. This examination shall be in charge of two competent persons appointed by said board. The said Stale Board of Education shall prepare the questions and fix the standard for tho iwuing of said certificates; provided, that said certificates shall bo issued only to graduates of ' said normal courses of study, and shall be issued for a period of two years, and shafl be renewable on conditions established by the State Board of Education. A fee of one dollar shall bo charged each applicant, and tho money so collected shall be turned over to tho treasurer of the’ school where such examination is held, and the treasurer of such school shall pay the persons conducting said examination for their services in ji sUni not to exceed three dollars |>or day each. Tho manuscript*! shall be properly wrapped and sealed and r*ent to the state superintendent of public instruction; accompanied by a fee of ten dollars from the funds of. tne schools. All moneys received by the state superintendent of nubile instruction from such source shall he fumed into tho state treasury. &0a shall become available to pay tho oxpensos incurred by tho State Board of Education in securing and paying for a competent examination and grading of said manuscripts. Said certificates shall be issued by (he State Board of Education ami shall bo valid in any county of the state. AH moneys received from such source during tho fiscal years ending Juno 30, 1910 ami 1911, are hereby appropriated to pay for said expenses of said Stale Board of Education. Said expenses shall be paid on tho warrants of tho slate auditor, upon the filing of proj»er vouchers approved by tho state superintendent of public instruction. “Sec. 5, Accredited academics are eligible to the operation of this act except as to receiving state aid. , “Sec. 6 . Tho sum of fifty thousand dollars for the fiscal year beginning July 1, 1909, and the sum of fifty thousand dollars for the lineal year beginning July 1, 1&10, or so much thereof as may bo necessary, is hereby appropriated out of any fundtein the general fund not otherwise appropriated, to carry out the provisions of this art.” Sec. 7. * # * 8ec. g * * * ('hap. 212, Mar. 5, 1909. 603 Nevada: Providing for the estahliahment of normal training schools and for the maintenance and control of the same. Providing for county normal training schools, and constituting the slate board of education the normal training school board. Defining duties and providing for tho maintenance and conduct of schools. • , Chap. 146, Mar. 20, 1909. 604 New York: A mending art. 17, chap. 21, Laws, 1909, by adding new section relative to the apportionment of funds for training of teachers in academies and high schools. • ... Seven hundred dollars to each school maintaining training class in accordance with, art. 25: Balance to ritiee maintaining classes in accordance with art. 21 and art. 25. Prescribing regulations. Chap. 406, May 20, 1909. 6Q5 North Carolina: Repealing sec. 19, chap. 820, Laws, 1907, relative to special appropriation for teachers* training school in high schools. ' Leaves total of state appropriation, 150,000, for high schools. Sec. 8, chap. 525, Mar. 5, 1909. 606 * Porto Bko: Amending sec. 2 of the act to provide for high-school-grade instruc- tion in commercial subjeefs.' Authorising normal instruction in certain high schools. - P, X48, Mar. 11, 1909, Ajfefr • r ss £ . ■ i). & > l V « 1 > ■ . ! TEACHEB8: PROFESSIONAL TRAIN I NO. 188 ] 807 Wisconsin: mending secs. 411*7 and 4U-S (chap. 373, Uws, 1901, a* amended by chap. 338, law's, 1903), Statutes, relit ive to joint courtly (mining twhools fpr teachers. ' * Joint county training-school board. Chap. 98, May 10, 1909. (i08 Wisconsin: Amending sec. 411-11, Statutes, relative to collection of tuitiou for nonresident students who attend county tmining school* for (faction*. Fixing maximum tuition fee at 7ft cenla per week for oai'h nonresident pupil. t'hap. 223, May 29, 1909. 809 Wisconsin: Amending sec*. 41 1-4 and 411-ft, Statutes, relative to the number of , county training schools for teachers that may be established. Increasing number of schools from 20 to 28. < hap. 284, June 2. 1909. (d) Teachers' Institutes tnd Summer Schools. Institute^ ami summer schools for teachers have come to be ro- : : gartletl as integral parts of the state educational system, and as such entitled to tjjlequato support and effective organization. The legis- lative measures of the year are concerned in such a great variety of • wnp with* the institute and summer school as to make difficult ahy general statements as to county-wide tendencies. The following items, however, are indices of the direction of development in differ- ent States. Florida ( 614 ) continued the appropriation for summer .training schools; Minnesota ( 616 ) amended the law of 1907 by -author-, izing a sunmier^session at the state normal schools of less than twelve weeks; New Mexico ( 618 ) sought to increase the importance of teachers' institutes by providing for obligatory attendance and larger funds; South Dakota ( 620 ) made a number of amendments to the institute law considered important enough for complete presenta- tion; Wyoming ( 623 ) increased considerably the appropriation for institutes. ^ 610 California: Amending Bee. 1565, Political Code, 1908, relative to the diapoeition * of fees for teachers* certificates. Defining condition# for expenditure of the funds to which paid; teachers’ institute and library. Chap. 41, Feb. 20, 1909. 611 California: Amending sec. 1584, Political < 'ode, 1908, relative to expenses of county teachers’ institutes. t Increasing authorized expenditure for conducting separate teachers’ institutes. Chap. 594, Apr. 14, 1909. 612 California: Amending sec, 1560, -Political Code* relating to county teachers’ institutes. ‘ Providing for joint institutes; penalties for county superintendent failing to hold institutes. - * Chap. 597, Apr. 15, 1909. f TATi; BCH&L SYSTEMS LHOI8LATIOH, iTC., MOSHi. 613 Delaware! Amending sec. 23, chap. 67, Laws, 1898 («p. eemi), relating to the county superintendent of schools*. Providing that teachers’ institute may -be held in any county (formerly in “his” county). Chap. 84, Apr. 19, 1909. 614 * Florida: Requiring teachers* summer training schools and making appropria-' tions therefor. . Appropriating $8,000 for the biennium 1909 and 19io. Chap. 5881 (No. 12), May 22, 1909. 615 Idaho: Amending secs. 538 and 540, Revised Code, 1909, regarding summer normal schools. H. B. No. 108, p. 299, Mar; 11, 1909. 616 * Minnesota: Amending sec. 1, chap, 164, General Laws, 1907, providing- for a summer session at the normal schools. Authorizing state normal boards to shorten session to less than twelve weeks. Chap. 112, Mar. 26, 1909. 617 New Hampshlfe; Amending chap. 29, Laws, 1903, concerning attendance on * teachers* institutes. Chap. 28, Feb. 24, 1909. 618 * New Mexico: Amending sec. 6, chap. 97, Laws, 1907, relative to teachers* institutes. ¥ Making at least two weeks* attendance at county institutes* annually obli- gatory for all persons intending to teach. Making Conditions by which teach- ers may receive $15 for full-term attendance upon county institute and ex- empting from institute fee.. Adding $50 to institute fund already provided form counties having full term of four weeks. Board of education given power to waive instituteam counties where authorized summer schools are held. ft- Sec. 5, chap. 121, Mar. 18, 1909. 619 North Carolina: institutes. ing sec. 4167, Revisal, 1905, relative to teachers* County boards of education shall (formerly may) appropriate funds for. Sec. 6, chap. 525, Mar. 5, 1909. * 620 South Dakota: Amending par. 6, sec. 136, chap. 135, Laws, 1907, relative to the attendance of teachers upon institutes. “Sec. 1. ***••■' * “The county superintendent shall divide his county into districts as may be • convenient for the purpose of holding district teachere* institutes during the tchool year on Saturdays, and all teachers employed in the schools of each insti- tute districfrehal! be required to attend the meetings. in such district, but not lesB than two nor more than four, such meetings shall be hel<^ in each district during any school year, nor shall such meetings be held oftener than once in two months. The county euperintendent shall organize the teachers of each institute district at or near the. beginning of the school year by appointing a manager and a secretary from among the teachers of the district, who shall, in conjunction with the county superintendent, prepare the programs for the several meetings to be held, aud it shall be the county superintendent's duty to ; give a! the teachers of the district at least two weeks* notice of such meeting. Each i ting shall consist of one session of. approximately three hours. The program shall be so arranged that all teachers of the district shall beWiven an ; ■ / actrve jmrt as often as practicable. ' The work as outlined by the state teachers* ..readiii§;.cifcle board snail constitute . one-third of the work, and the balance of ^ V^ jPJPg^^ ^hall also/be for the general improvement of the teachers*. . ■ *> v . , The manager. And the coiinty superintendent shall keep complete records of " * the work.at such meetings which shall show the absence, tardiness and attend- ance of all teachers and the number in which each ode performed the duty or tiles assigned. _ Wlthin five days after the holding of such district institute SCHOOL POFOLAWOH AND ATTBHDAKC ? ’^5fijT •ecretuy of the board of education of all school* in the institute district* certifi- nte of attodHance, duly signed and sealed, which shall entitle the holder thereof to the sum of $2.00 ana five cents mileage each way for every mile necee- mnly traveled from the residence of the teacher in the district to the place of holding the institute, but such attendance shall be in the institute district in «• x which the school is located. “Provided. That if a teacher fails to attend the district institute, after due notice, or tails to perform the duty or duties assigned, the county superintendent Mall certify that fact to the clerk of the school board or to the secretary of the tmrdof education of the school district in which such teacher may be employed who shall then cause to be deducted the sum of $1.60 from the salary of sucll teacher, unless such absence shall be caused by illness or other reason as shall he approved by the county superintendent. “Provided further. That whenever a teacher of a school or the majority of the teachers of^a graded school desire to attend a state or district state association the school board or the board of education iB hereby authorized to close such school or schools for not more than five days to enable such teacher or teachers to do so; Provided, That the teacher or teachers must make up any time so lost from their engagement, unless the school board or board of education pass a . resolution to other effect. ” y Sec. 2. * * * ■, Chap. 143; Mar. 3, 1909. 621 Vermont: Amending in a minor manner sec. 1026, Public Statutes, 1906, relating to time allowed tochers for attending teachers* meetings or institutes. Act 42, Dec. 2, 1906. 622 Tennessee: See enactment No. SOS . 623 * Wyoming: Amending sec. ,1199, Revised Statutes, 1899, relating to county teachers* institutes. Increasing appropriation fpr instructors thereof from $100 to $250 in counties of the first class, $200 in counties of the second class, and $160 in counties of the * third class. . Chap. 40, Feb. 18, 1909. — ■ .*• H. SCHOOL POPULATION AND ATTENDANCE. ~ • (a) General. 624 California: See enactment No. 118 . 625 Delaware: Amending secs. 5 and 6, chap. 219, Laws, 1899 Relative to the provi- sion of graded school facilities for the children of theStau. Raising limit of number of nonresident children admitted to the free ended schools o! any county from 160 to 260 . v -* P«c. 1. chap. 86, Feb. 25, 1909, > ' 626 *Indlnnnt Amending sec. 2, chap! 204, Acts, 1901, regulating the tr ansfer of children from one school corporation to another and fixing price of tuition. Increwing ntte of tuition; high scowls from |2 to 94, grade schools from 11.60 to $2. Specifying items to bejncluded in per capita cost. Chap. 127, Mar. 6, 1909. ■ '-. 4 (b).Sdtool Cenma. *■/ ■ 627 California: Amending sec. 1636, Political Code, 1906, relieve is school dnu ib. ■ the signature of parent or guardian to census and prdvii tof those refusing to give correct achool census. . Authorizing, under certain conditions, useof fonner census by snj ■ & t- 1 “ Jr*?' SMution, iMa, iw^. 8 Tennessee: Amending subsec. 4, sec.14, chap. 236, Acte, 1907, creating a county boaid of education and prescribing its duties. Authorising town and city boards of education to take school census. Chap. 562, May 1, 1909. 629 Wyoming: Amending in a minor manner secs. 1 and 4, chap. 91, Laws, 1WU, relating to the enumeration of children and duties of children and duties of school district trustees. Chap. 41, Feb. 18, 1909. ■i (c) School Year; Month; Day. The >steps taken to lengthen the legal school year in Maine, Ver- mont, and Wyoming should be considered in connection with cer- tain of the measures enacted extending the annual period of com- pulsory attendance; especially Iowa (676), Minnesota (684), "Missouri (686), Nevada (688), and Wyoming (708). 630 "Maine: Amending sec. 17, chap. 15, Revise*! Statutes, 1903, relating to public schools. 4. ' . - Increasing length of annual school session from twenty to twenty-six weeks. Chap. 29, Feb. 26, 1909. 631 Vermont: Amending secs. 1016, 1029(7), and 1097(7), Public Statutes, 1906, relating to the number of weeks of school . weefa ireafl ' n ^ °* ftDDua l high school session from thirty-three to thirty-six Act 39, Dec. 16, 1908. (Apr. 1, 1909.) 632 Wyoming: Amending Bee.. 609, Revised Statutes, 1899, relating to the definition of school week and school month. School month equal to twenty days. Chap. 159, Mar. 2, 1909. (June 1, 1909.) 3 (d) School Holidays. (See also days for special observance, enactments 784-794.) The widespread recognition of October 12 as Columbus Dhy and February 12 as Lincoln or Flag Day are conspicuous marks of the holiday legislation of the year. 683 Connecticut: Making Columbus Day (October 12) a legal holiday. Chap. 74, June 2, 1809. . 684 Michigan i peeign at ing the 12th day of October of each year as a public holiday, to be known its “Columbus. Day. M • ,.«/v v . ■ Act 2^8, June 2, 1909. iffy?-' diy of October in eaoh year aa a public holiday, **CSoiltia^!iw • l-:-. • ■ £ • ‘\'h V.- '• ' >.649, May il, 1£®. M.'&ititaami. Declaring the 12th day of February in each year to be a legal holiday, 'r ? toboknownand detignatedaa “Lincoln's Birthday.” ^75 ■ , ' J .' " , $%} 11.141 ! SCHOOL POPULATION AND ATTENDANCE. *T*rr 1 a 637 Montana: Declaring and^ making the 12th day of October of each and every year a public holiday to be known as ‘‘Columbus Day.” Chap. 22, Feb. 17, 1909. 638 New Hampshire: Amending sec. 1, chap. 11, Laws, 1899, making the let day of January a legal holiday. Chap. 96, Mar. 30, 1909. 639 New Jersey: Supplementing an act approved April 3, 1876, relating to legal holidays. Making October 12, ” Columbus Day,” a legal holiday. Chap. 261; Apr. 21, 1909. . 640 New Mexico: Amending sec. 3, chap. 48, Laws, .1905, relative to compulsory' Flag Day, February 12. Changing name from * 4 Flag .Day " to “Lincoln Day.” Sec. 3, chap. 121, Mar. 18, 1909. 641 New Mexico: Amending sec. 13, chap. 97, Laws, 1907, relative to Flag Day programme. Substituting .words 1 4 Lincoln Day” for 44 Flag Day." Sec. 7, chap. 121, Mar. 18, 1909. 642 New York: Designating the 12th of October of each year, 4 4 Columbus Day,” as a holiday. ^ * Chap. 112, Mar. 23, 1909. 643 North Dakota: Amending sec. 6710, Revised Codes, 1905, relating to holidays. Adding to the list of holidays the first Monday in September as Labor Day. Chap. 140, Mar. 13, 1909. 644 Ohio: Making Lincoln Day a holiday. H. B. 50, p. 3, Jan. 22,. 1909 (sp. seas.). 645 Pennsylvania: Designating the 12th day of October of each year as a legal holi-. day, to be known as 4 4 Columbus Day.” Act 175, Apr. 29, 1909. 646 Utah: Amending sec/ 1145, Compiled Laws, 1907, designating legal holidays. Adding the 12th of February, the anniversary of the birth of Abraham Lincoln. Chap. 2, Feb. 5, 1909. ■•-647 Vermont: Making Lincoln's Birthday, February 12, a legal holiday. Act 70, Jan. 21, 1909. (e) Place of Attendance; Transportation of Pupils; Consolidation of Schools, [See also Motion A, enactments 200-243.) Those enactments dealing primarily, with the consolidation of school units have already been commented upon in connection with the laws relative to general administrative changes. Supplementary •to the consolidation legislation is that providing for the transportation of pupils to end from schbpt Of the neasum assembledhere, the following appear to be of self-evident importance for the realization of the conditions of educational equality : California (649), Colorado (660)/ and Minnesota (659). relative ^0 the power of school author- :>■ m kwm ^lSR 7 *:01WMlw^ ’ LB0I8LATI0ir; B* 0 M 1908-9. ** * *•' ®nd North Dakota (660)-, pr< or the payment of transporta- tion. • . 1 • The interpretations of the Indiana court- (D.«653, D. 654-655, and D. 656) are indicative of . the issues raised by the. operation of a com- prehensive statute governing transportation. ■ ,848 Alton*: Amending suhHiv. n, par. 2179, Revised Statutes, 1901, relative to the power# of trustees of school districts. _ Authorizing segregation of white.and colored pupils, when the latter exceed’ o in number. -a Chap. 67, Mar. 17, 1909. * O^^Callforiila: Set enactment No. 118. 880 Colorado: Amending subdiv. 15, sec. 5925, Revised Statutes, 1908, relative to powers of school boards. Providing for attendance of pupils at most accessible school: special Drovi- sions concerning attendance at nigh schools; tuition. F Chap. 202, Apr. 23, 1909. 661 Connecticut: Relating to the schooling of children. by transportation or otherwise, school accommodations for all children over 7 and under 16 years of age. Providing 2U6?S^JitotuST9^ r failure 40 pto * ie KhooliD * “ P roecribed fcy Chap. 1J6, June 24, 1909. D ’ 652 Ju®® 18 QS 09 ); , an action . recover money alleged to have been paid ^*o ut authority of law for tutopn of high school pupils residing in another dwtHct, from which they had fcfeen transferred, the burden was on plaintiff to 5?k o 1 l ^ e granulating the transfer of pupils had not been complied with.— People v. Moore, 88 N. E., 979. D ‘ 6 M 19 ?l d, n n !ll 1 ^. ) ; U , n a ^i. ACto ’. I 899 ’ fc 150 > chft P‘ 105 > “ tended by Acts, - 1901, p. 415, chap. 185 (Burns’ Ann. Stat., 1908, secs. 9590-9602), the trustee oia.ecnool township can not expend any money except as appropriated by the “d"“7 fmmd of the township, and no indebtedness fan be created except by such advisory board as specked in such said sections; any contract made in 8t« ronS 1 SJr 2^ nul L an l v .T d J t et *l 190 ?> P ; 4 * 4 ’ chft P- 233 (turns’ Ann. otat., 1908, sec. 6423), makes it the duty of a school township trustee to provide yansportation for all the pupils in the township to and from the public school. An alternative wnt of mandamus to compel a school township trustee to provide transportation for children to and from the township school alleged that “ the defendant at all times had a sufficient sum of money in hie possession and now f,“. ■ < 5" t, ° l * “ 8Uch trustee, and appropriated by the township advisory board of said township, out of the special echool funds belonging to such town- ,r“P< P»y the necessary expenses of transporting relators’ children to and 'from their respective homes to and from school. * * *” Held, that the alternative wnt did not show that defendant had money enough to provide transportation for all of the school children, but only those belonging to the relators, and therefore was an insufficient statement of facts, as an alternative T* * ow *5? u “ the , duty of the officer, and that he has power to per- form the act sought to,be enforced.— Waters v. State, 88 N. E„ 67. • ( 1909 ).; Acts, 1907, p. 444; chap, 233, sec. 1 (Burns’ Ann. Stat., 1908, sec. 6422), permits the trustees to abandon a school when the average daily “tt« n d““ ce during the last pi -etlin school year was 15 or less, andrequires 4vei 2«® daily attendance was 12 or less. .Section 2, ’ :?*■ 1 £ too^hri^cwU f r quires the trustees to provide transportation “udm orethanl mis, from the schools towhlch they were transferred uiwnthe ? ' ‘t.ftdir dwnschool. Upon the dUntlnXeTthe^od which relator 0 children attended, .the driver of the conveyance procured to SCHOOL POPULATION AND ATTENDANCE. 139 ■■ ; carry the children to another school established a uniform route along which he would meet the children at designated points every morning, no child being required to walk more Jhan five-eighths of a mile to the wagon, and relators child only being required to walk one-half mile, by which means all of the chilr . dren on the route could be gathered* in One wagon .md delivered to the school- house in an hour and a quarter and returned in the same length of time, while to drive to each pupil’s house and return him there in the evening would require some six hours a day, and necessitate starting at an unreasonably early hour as well as additional expenditures for wagons. Held, that the statute did not require that children in *an abandoned district be furnished with greater con- veniences than others, and the driver was not bound to carry each pupil to and from his home, and the practice of picking them up along the established route, and delivering them there in the evening to walk home, was proper. — Lvlev. State, 88 N. E., 850. 1 J D. 655 Indiana (lOOty Acts, 1907, p. 444, chap. 233, sec. 1 (Bums’ Ann. Stat., 1908, sec. 6422), permits the trustees to abandon a school when the average daily attendance during the last preceding 69 hool year was 15 or less, and requires * suchactiori when the average daily attendance was 12 or less, . Section 2 (Burns’ Ann. St., 1908, sec. 6423) requires the trustees to provide transportation to other schools for pupils affected by such discontinuance who live more than 2 miles, and for all pupils between the ages of 6. and 12 who live less than 2 miles and more than 1 mile from the schools to whidi they were transferred upon the dis- continuance of their own school. Held, that the latter statute, being remedial and administrative in character, should be liberally. and reasonably* construed, so that the words need not be given strict legal signification if from the context, history; < and object of the statute it appeare that it should be constniedother- .wise.— Lyle v. State, 88 N. E., 850. * * ' D. .656 Indiana (1909): In proceedings to compel a school trustee to furnish trans- portation for children to school, as required by Laws, 1907, p. 444, chap. 233, providing for the discontinuance of public schools when the attendance drops below a. certain number, and the transportation of the pupils thereof to another school, it was a good defence that no estimate of the expense of such transporta- tion. had been included in the tax levy and the trusteo had no public funds on hand which he could devote to such expenses. — Dun ten v. State, 87 N. E., 733. 667 Indiana: Amending sec. 1, chap. 189, Acts, 1907, restive to the transfer of school children. Providing for settlements for tuition. * Chap. 13^, Mar. 6, 1909. D. 658 Kansas (1908):® Where children, entitled to school privileges in a city, if required to attend the schoordeeignated by the board of education, would be exposed to daily dangers to life and limb so obvious and so great tnat, in the exercise of reasonable prudence, their parents Bhould not permit them to incur the hazard necessarily ^nd unavoidably involved in such attepdance, they should not be compelled to attend the school so. designated. — Williams v. * Board of Education of City of Parsons, 99 P.,.216. 669 Minnesota: Amending sec. 4, chap. 445, Laws, 1907, relating to the power of school boards. Providing, in school districts situated in more than one county, for the furnishing of transportation during the months of October, November, Decem- ber, January, February, March, and April for pupils residing 2 miles or more . from the schoolhouse, and who are not less than 6 years of age nor more' than 16 yeare of age. Chap. 472, Apr. 23, 1909. 660 North Dakota: 8ee^tmmt,No t e%. 661 Tennessee: Granting certain school- privileges to children Tesiding within onp- * half mile o(^he‘lihiits of the city of Memphis. Chap. 335, Apr, 28, 1909. (Sept. 1, 1909.) - •8» " Bsosnt daolstomp'’ at tbs oloas of tills bulletin, for •ompleU text, of dtofftoo. j, , ^ <. ^ ■ V^r . w '' M lp T ' Jm- . l)JI1 ' * V 1 : 11 *fT~ '140 STATS' &CHOOL' SYSTEMS: LEGISLATION, ETC., 1906-0. 662 Vermont! Amending secs. 1007 and 1008, Public Statute*, 1906, relative to the location of schools, conveyance, and board of pupils. Modifying conditions for appeal from action of school directors. Act 38, Jan. 27, 1909. 663 Vermont i Amending secs. 4486 and 4632/ Public Statutes, 1906, relative to rates for railroad transportation. * Authorizing special and reduced rates for public agricultural exhibitors and .to students. • . " . ' ' , . Act 105, Nov. 6, 1908. 664** Wisconsin: Creatingeec. 435m, Statutes, relative to attendance upon school and powers of district officers. Permitting children residing more than 2 miles from (he schoolhouse of the district to attend school in an adjoining district. Authorizing payment of tuition by district. ' v . Chap. 183, May 26, 1909. 665 Wisconsin: Repealing subsecs. 15, 16, and 20, sec. 430, secs. 430-1** to 430^8, inclusive, Statutes, and creating eight new sections, to be known as sec. 430-1, jsec. 430-2, sec. 430-3, sec. 430^1, sec. 430-5, sec. 430-6, sec. 430-7, and sec! 430-8, relative to the transportation of pupils. * Chap. 502, June iG, 1909. (f) Compulsory Attendance; Child Labor; ^.Truancy. That the American States are gradually assuming the full obliga- tions of an enlightened social creed finds full demonstration in the number and character of the measures relating to compulsory school attendance and to child labor passed during the year. One may easily read into many of the new laws the declaration that neither parental neglect nor industrial exploitation shall operate to deprive the child of his legitimate rights or his potential social privileges. Every com- pulsory educational law and every child labor law, however circum- scribed and madequate, adds to the guarantee for his future that every child has a right to claim from the society of the present. - A review and comparison of th^ enactments relating to compulsoiy education emphasize the continual development of the. tendencies that have characterized legislation in th js direction the last half dozen years; (a) to widen the age limitations; (6) to increase the length of the annual school attendance; (c) to require certain degrees of educational advancement as an essential condition for exemption from attendance; (d) to give to school officials far greater authority in the determination as to what constitutes satisfactory compliance with the law; (e) to bring defective children (deaf, dumb, blind, and feeble-minded) within the scope of the operation of the compulsory requirements. * V The following States may be said to have made a* distinctive prog- ress in the matter of regulating school attendance by means of oon- alit general.ohly taoh measures relating to dhltd jtbtir hava bean included hare w contain acme direct . reference to achool at tendance or qualification!. , . 1 ' *: * ‘ - LZ ' V. SCHOOL POPULATION AND ATTENDANCE. i4i structive legislation: Arkansas (667, 668), Connecticut (671), Iowa (676), Maine (678), Minnesota (684), Missouri (686), Nevada (688), New Mexico (690), North Carolina (693), Tennessee (701, etc.), Ver- mont (702), and Wyoming (708). Child labor regulation has come to be regarded as a necessary com- plement fg®jjective regulation of school attendance. The year has I yielded a ■; of measures indicative of contemporary tendencies for the protection of children. Specifically may be mentioned the measure^ in Alabama (666), Maine (680), Michigan (683), North ^Dakota (697), and Pennsylvania (699). Illustrative bf % typical provision for the regulation , of school attendance, the compulsory education Section of the New York school code for 1909 is presented in full. On the, same basis, the amended child labor law of Pennsylvania is also given. 666 "Alabama: Regulating the employment of child labor in pertain mills, jlftctories, and manufacturing establishments; providing for inspection and punishment for violations. Prohibiting employment of children under 12 years of age in mills. Requir- ing at least eight weeks (six weeks consecutive) attendance at school annually of children between 12 and 16 yeara of age. Prescribing other working condi- tions for minors, and providing for inspectors and. penalties. Applies only to establishments engaged in manufacturing cotton, woolen, clothing, tobacco, in printing and binding, glass, or other work injurious to health, carried on indoore. Act 107, p. 158, Aug^ 26, 1909 (sp. sees.). 667 "Arkansas: Regulating and enforcing attendance at the schools of the State. Requiring school attendance between the ages of 8 and 16 years, and between 16 and 20 years when not regularly and lawfully employed. Exemptions. Providing for attendance officers and defining powers of school boards. renal- ties for violations. Prohibiting the employment of children in factories during # school sessions. Exempting 44 counties. x Act 234, Bfay'12, 1909. 668 Arkansas: Regulating and enforcing school attendance in certain nine counties. Act 347, May 31, 1909. (June 1, 1909.) 669 California: Aiding the enforcement of chap. 270, Statutes, 1903, relative to the educational rights of children. Authorizing the commissioner of the bureau of labor statistics to einforce com- pulsory attendance requirements where minors are employed illegally. r Chap. 128, Mar. 8, 1909. 670 California: Amending sec* 2, 3, 4, and 6, chap. 18, Statutes, 1905, regulating the employment and hours of labor of children. Placing additional restrictions on the conditions for the employment of minors * under 16 years of age. Providing for reports by county superintendents of schools to the commissioner of the bureau of labor statistics. 671 Connecticut: Relating to the employment of children. Chap. 254, Mar. 15, 1909. ; “No Certificate, of age und^r the provisions of sections 4704, 4 705: ; and 4706 of the general statutes and of chapter 75 of the public acts of 1903 shall be given to any child under 16 yearn, of age unless such child shall be able to read • with facility, to write legibly simple sentences in the English language, and to perform the. -operations of' tne fundamental rules of arithmetic up to and in- cluding fractions: Provided, however, that foreign-bom children maybe given such certificate if over 14 years of age and if they have an equivalent educa- tion in their native language. M : Chap* 128, lime 29, 1909*; i if*, Bsgfp: : ' .T v.^ 1 - ' - i 7 g, | ' : "' . ' 1 y-T ; v?”- , . 1 « BTATB SCHOOL 8Y8TEk8: IJMriBLATIO^, KTC., 1908-0. m Delaware: Amending sundry sections, chap. 121, Laws, 1907, relating to com- pulsory attendance. Chap. 88, Mar. 18,1909. 678 Delaware: Amending sundry sections of chap. 123, Laws, 1905, relative to the if ' employment of children. Providing for age and schooling certificates. Excepting children employed in domestic service. Striking out sec. 8, providing that children under 16 ✓ yewB of age it be employed upon certificates from inspector that the child is the means of support and maintenance of a widowed mother. Chap. 121, Apr. 19, 1909. «74 Indiana: Amending sec. 2, chap. 209, Acts, 1901, relative to compulsory educa- tion. Truant officer to take office on the 1st day of Augdst following appointment. Chap. 142/Mar. 6, 1909.- 075 Iowa; Amending sec. 2823-a, supplement to the Code, 1907, relative to attend- ance at the public schools. Relating to exempting, the application of provisions of the compulsory edu- cation law in the case of children attending religious services or receiving religious instruction. * Chap. 186, Apr. 8, 1909. 076 *Iowa: Amending sec. 2823-a, supplement to the Code, 1907, relating to the duties of parents or guardians. . Increasing the maximum annual compulsory period from sixteen to twenty- four conseqpCi ve weeks. Permitting cities of the firet and second class to require attendance for the entire session. Chap. 187, Apr. 15, 1909. 077 Iowa: Amending sec. 2823-e, supplement to the Code, 1907, relative to truant officers. Chap. 188, Apr. 8, 3909. 078 Maine: Amending sec. 49, chap. 15, Revised Statutes, 1903, relative to'tfom- pulsory school attendance. Requiring attendance of children between 15 ahd 17 years of ago who can not read at sight and write legible simple sentences in the English language. Chap. 57, Mar. 11, 1909. 079 Maine: Amending sec. 51, chap. 15, Revised Statutes, 1903, as amended by chap. 48, Laws, 1905, relative to truant officers* Authorizing truant officers when directed to visit manufacturing establish- ments to ascertain whether or not minors are employed; report to superin- tendent of schools. Chap. 238, Apr. 2, 1909. % 080 Maine: Amending chap. 40, Revised Statutes, 1903, as amended by chap. 46, Laws, 1907, relating to the employment of minors in manufacturing or mechan- ical establishments. Prescribing in greater detail conditions governing the employment of minora. Providing for age and school certificate. Chap. 257, Apr. 2, 1909. 681 Michigan: Amending, in a minor manner, sec. 4, act 200, Public Acts, 1905, providing for the compulsory education of children. ' - Act 03, May 5, 1909. 682 Michigan: Amending sec. 5554, Compiled Laws, 1897, providing for the protec- tion of children. Act 203, June 1, 1909. r 1 683 SCHOOL POPULATION AND ATTENDANCE. 683 Michigan:' Providing for the creation of a department of labor; prescribing its ^powers and duties; regulating the employment of labor; making an appropria- tion for the maintenance of such department, and prescribing penalties for violations. Providing for factory inspection. Prohibiting the employment of children to wnd^M^hoolf^Ms* ^ 8011001 reports. Authorizing factory inspectore Act 285, June 2, 1909. 684 # Minnesota: Relating to the education of children, defining the powers and duties of the clerks, school boards, and teachers in certain school districts and of county superintendents of schools and county attorneys in the enforcing of attendance at school (amending secs. 1446, 1446, 1447, Revised Laws, 1905 (?)), . also amending secs. 1449, 1460, Revised Laws, 1906, relative to the education of truants and their commitment to the state training school. Extending the period of compulsory attendance in cities pf the first class from eight to sixteen, to eight ^eighteen. Modifying conditions for granting excuses. Defining duties of clerks of school districts wherein regular truant officers ore not regularly employed. Providing for reports and penalties for non-attendance. r Chap. 400, Apr. 22, 1909. t). 685 Missouri (1909): Parents of school children could not be guilty of violating 1%. P* 146 I Ann * Stat., 1W6, Secs. 9982(1)-. 9982(9)) in refusing to have their children vaccinated externally in accordance with a rule of the board of school directom, which was a condition precedent to their right to attend school during a smallpox epidemic existing or threatened . in the district. — State ex rel. O’Bannon v. Cole, 119 S. W., 424. ' 686 Missouri: Amending act of Apr. 11, 1906 (p. 146, Laws, 1905), relative to com- pulsory attendance. Raising minimum compulsory period from one-half to three-fourths of the entire time of school session. Making mandatory (formerly permissive) the appointment of attendance oflficere in all cities above 1,000 population (formerly o^UvU j# * P. 847, 'June 14, 1909. 687 Nebraska: Repealing, and re-enacting with amendments, sec. 2, subdivis. 16, chap. 79, Compiled Statutes, 1907 (sec. 11820, Cobbey’s Ann. Stat.), relative to the duties of truant officers. Chap. 130, Mar. 12, 1909. 688 Nevada: Providing for compulsory education and other matters properly con- nected therewith, providing penalties for the violation of any of the provisions thereof, and repealing any and all prior laws on the subject of compulsory , education. - * Fixing the period of compulsory attendance at 8 to 16 years for entire length of Behoof sessions. Causes for exemption; defiding truancy, providing or the appointment of truant officers and for separate rooms jfor truants. Fixing pfiDBlUwB* Chap. 130, Mar. 20, 1909. 689 New Jersey: Amending sec. 153, Acts, 1903 (sp. sees.) relative to compulsory Education. * / “Sec. 1. * •'* “163. Every parent, guardian or other perron having control of a child be- tween the ages of seven and seventeen yeare inclusive shall cause such child to regularly attend a day school in which at least the common school branches writing, arithmetic,, spelling, English grammar. and geography are taught by a competent teacher, Clr receive equivalent instruction elsewhere than at school, unless such child is above the age of fifteen years and has completed the grammar school course (prescribed by the State Board of. Education), and ’ 'A vs* 11 - >'-yf <•*••*'. , mrna 144 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1808 - 9 . in addition thereto ia regularly and- lawfully employed in some useful occupaf- tion or service. Such regular attendance shall be during all the da ys and . hours that the public school* are in seesioi^ln the acboo! district in which the child resides, unless it ehall be shown to the satisfaction of the Board of Edu- cation of the school district in which such child resides that the bodily or mental condition of such child is such as to prevent his or her attendance at school. If such child be under the age of seventeen years and has completed the grammar school course and is not regularly and lawfully employed in any useful occupation or service, such child, shall attend the hign school or manual- training school in said school district in which such child resides, if there is a high school or manual-training school in said district; if there is no high school or manual-training school in said school district, such child shall be transported * to a high school or manual-training school as provided in the act to which this is an amendment. Any child above the age of fourteen yean who submits satisfactory evidence to the Board of Education of the school district in which such chila resides, that it is necessary that such child should bo employed in some occupation or service, may be granted by said Board of Education a certificate exempting him or h£r from the provisions of this section, such cx- • emotion to continue so long as said child shall be regularly employed as afore- said,’.’ Sac. 2. * * V " ■ ' Chap. 144, Apr. 17, 1909. 090* New Mexico: Amending sec. 1555, Compiled Laws, 1897 ,*as amended by chap. 39, Laws, 1903, relative to compulsory education. Extending compulsory period from three months in each year to entire time of school session. Private or denominational school to be equal to district school in its teaching. Exempting children living more than 3 miles from public school. Sec. 1, chap. 121, Mar. 18, 1909. 691 New York: Amending sec; 162, chap. 36, LawB, 1909, relative to employment ol children in mercantile establishments. Chap. 293, May 6, 1909. 692 New York: Repealing sec. 530, and amending secs. 531-538, . chap. 21, Laws, 1909, relative to compulsory education. 530, Required attendance upon instruction,— Every child between seven and sixteen years of age in proper physical and mental condition to attend school shall regularly attend upon instruction at a school in which at least the six common school branches of reading, spelling, writing, arithmetic, English . language and geography are taught in English, or upon equivalent instruction by a competent teacher elsewhere than at a public school as follows: “1. Every such child between seven and fourteen years of age residing in a city or in a school district having a population of five thousand or more and employing a superintendent of schools shall m attend upon instruction the enure time during which the school attended is in session, which period shall not be less than one hundred and sixty days of actual school. “2. Every such child between fourteen and sixteen yeare of age. not reeu- . larly and lawfully engaged in any useful employment or service as hereinafter provided, and residing in a city or in a school district having a population of nve thousand or more, and employing a superintendent of schools' and to whom an employment certificate has not been duly issued under the provisions of the labor law shall so attend upon instruction the entire time during which the school attended is in session. . “3. Every such child between eight and fourteen years of age, residing elsewhere than in a city or school'district having a population of five thousand ormoreandemployingaBUperintendentofschoolssnallBoattenduponinstruc- as many days annually, during.the period between the first days of October and the following June, as the public school of the district in which such child resides shall be in session during the same period. “4. Every such child between fourteen and sixteen yean of age. not regu- larly and lawfully engaged in any useful employment or service, as hereinafter - provided, and. residing elsewhere than in a city or a school district having a population of Jive thousand br more and employing a superintendent of schools. > shall so attend upon instruction as many days annually during the period if# t xl*' < SCHOOL POPULATION AND ATTENDANCE. 145 between the first days of October and the following. June as the public school of the district in which such child resides shall be in session during the same period. “5. Every boy between fourteen and sixteen years of age, in a city of the first class or a city of the second class in possession of an employment certificate dhly issued under the provisions of the labor law, who has not completed such * course of study as is required Jor graduation from the elementary public schools of such city, and who does not hold either a certificate of graduation from the public elementary school or the preacademic certificate* imuod by the Regents of the University of the State of New York or the certificate of tne completion of an elementary course issued by the education department, shall attend the f mblic evening schools of such city, or other evening schools offering anequiva-' ent courae of instruction, for not less than six hours each week, lor a period of not less than sixteen weeks or upon a Undo school a period of eight hours per week foreixteen weeks in each school year or calendar yoar. *‘6. If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to the instruction given to children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many houm of each day thereof as are required of children of like age at public schools; and no greater total amount of holidays and. vacations shall be deducted from such attendance during the period such attendance fc required than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed ui like canoe by the general rules and practice of such public school. “ § 631. Duties of persons in parental relation to children,— 1 . Every pereou in parental relation to a child between seven and sixteen yews of age, in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction in cities aud school districts having a population of five thousand or above, as required by section five hundred and thirty of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regularly employed thereunder. _ “2. Every person, residing elsewhere than in a city or school district hav- ing ,a population of five thousand or above, in parental relation to a child between eight and sixteen years of age, in proper physical and mental con- dition to attend; school, shall cause such child to so attend upon instruction unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restau- rant, hotel, apartment house or in the distribution <.r transmission of mer- chandise or messages, or unices such child shall have received the school record certificate issued under section five hundred and thirty-four of this act and is regularly employed elsewhere than in a factory or mercantile estab- lishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. “3. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days* imprisonment, and for each subsequent offense by affine not exceeding fifty dollars, or by imprisonment not exceeding thirty, days, or by both such fine and imprison- ment. Courts of special sessions and police magistrates shall, subject to removal as provided in sections fifty-seven and fifty-eight of the code of criminal pro- cedure, have exclusive jurisdiction in the first instance to hear, try and deter- mine charges of violations of this section within their respective jurisdictions. “5 632. Unlawful employment of children and penalty therefor. — It shall be unlawful for any person, firm, or corporation “L To employ any mild Under fourteen yean of age, in any business or service whatever, during any part of the term during which the public schools of the district or city in which the child resides are In session. “2. To employ, elsewhere than in a dty of the fimt class or a city of the second class, in a .factory or mercantile establishment, business; pr telegraph office, restaurant, hotel, apartment house or in the distribution or transmis- sion of . merchandise or messages, any child between fourteen and sixteen years of age who does not at the time of such employment present an employ- ment cemficate duly issued under the provisions of the labor law, or-to employ .36682—10—16 ; ; ;; \V ' ■ J felwa w * 8TATB SCHOOL SYSTEMS: LKGISLATION,ETC., 1908-0. 1m. i yy roch child te an vothw capacity Who does not at the time of such emplov- ment present a school record certificate aa provided in section fii ‘ h y thirty-four of this chapter. i five hundml and riiv 3 ;# T tL fiSi y i X dul ^ b «^ D fourteen and sixteen yearn of age in a dty of the first class or a city of the second class who does not, at the time ofsuch employment, present an employment certificate, duly issued under • ^ Provwiomj of the labor laV. baid employer shall keep and shall display in the place where such child is employed, such employment certificate and dso an evening school certificate issued by the school authorities of said city Jf by of »ucn school authorities, ccrtiifymff that the said boy w regularly in attendance at an evening school o( said city as cSK^r* 1 in 8ubdlv “ tt0u Uwoe of “rtion five hundred and thirty-four frtihU "|533. Punishment for unlawful employment of children.— \m person, firm or corporation, or any officer, manager, superintendent or employee acting employ any child contrary to the previsions of section five hundred a^ thirty-two hereof, shall he guilty of 'a misdemeanor and the punishment therefor shall be for the first offense a fine of not leas Hum twenty nor more Hum fifty dollare; for a second, and each subsequent offeiwl a fino of not lees than fifty nor more than two hundred dollars N i&H. School record and furnishing the same on application.— 1. All accurate *if ^attendance, or all Children but ween seven and sixteen years of ago ahafl be kept bv Uio teacher of ovory sf ho.il, showing each day by the X®"’ M. y °* t ^°, mouL ^ and day of the week, hu3i attendance^ and the number of hours in oach day thereof; and each teacher urxin whoso in. struction anv such child shall attend elsewhere than at school) shall keep f ll £® ffi 0t ““m 1 alto,,dtt . not '- s uch records shall, at all times, be oiien ' !fi “ attendance officers or other person duly authorised by tho school uulhor- «<* <* who -aay inspect or copy tho same; and ovory such teacher shall fully answer all inquiries lawfully mode by such authorities inspectors or other persons and a wilful neglect or refusal so to answer any ■uch inquiry shall bo a misdemeanor. • - y .uln n^'L y c , ^“ tipal . or , chu!l «*ecuUve officer of a school to whom application Uhi, w 9 J*’f l n . made to l a fho 01 required under tho provisioiis of the labor law shall issue such school record to any child who. after duo invest mu- , my c **? ®. nUlted tho same. Sucii school record a&ll be iaiued and signed by the principal or chief executive officer of the school which such child has attended and Shall be furnished, to a child entitled ffiereto or to the board, department or commissioner of health. It dSlron- ^WU 8 ^ te T n | Cert,fyU f t M. the chUd h “ attended the public KhooU or sch.Kjla equivalent thereto or parochial schools, for not loss than Ul,rty da y a dor,,1 K the twelve months next, preceding his bu L tild t y or dur *5« U l®, lw ?lve ®"nths next preceding his appli- Vnj'llh , Bcho ° 1 rt ' cord a1,d is “hie to read and write simple sentences SJtteJ E SS*lt h ^eage.and has received during such period instruction in ^^^*t an , d , 8peUul «.- El 'K' u ' , t. 1 ® I >g ua ge and geography and is familiar s..^k lt t operations of arithmetic up to and including fractions Such school record shall ako give the date bf birth and residence of the child ot custodian **** rOCO,d8 of 11,6 91:11001 40(1 the name ef ite parent or guardian “3. The school authorities of a city of the fiat da— or a citv of the — conrf fi 4 T'n r deai «nated by them, are hereby required k/issuo to a boy lawfully in attendance at an evening school, an evening school certificate SnnTt 1 sr h ^ sr I th dur i“« -aid Kgs and at the close of the term of said evening school, provided that said bov has been in attendance upon said evening school for not less than six houre «jch week for such number of weeks as Will, when taken in connect with ^®.“P lb ® r , of week » f ucl » evening school stall be in seesion during th Superintendent*, Micipal** and tesdjto .(formerly clerfee : and secretaries w the board of edpcajion> to inquire into cases of neglect. Authorizing die appointment dfci ■**^-*»-* niurly 9,000). m. . ■). .v. • rate* i inquire i ,. T ^ 'cities and toW&k of over 600. population 3 (for- 0h»pe employed in anv and all kinds of legal Employment, within the (Commonwealth; but all minora under the age of eighteen years shall not be employed in or about blast-furnaces, tanneries, dockg, wharves, quarries; in the outside erection and repair *of electric wires; in the running or management of elevators, lifts, or hoisting machines; in oiling hazardous and dangerous machinery, in motioif* at switch-tending, gate-tending, track repairing; os brakemen, firemen, engi- neers, motormen, conductors, upon railroads; as pilots, fireman, or engineers upon boatanr vessels engaged in the transportation of passengers or merchandise* m or about establishments wherein nitre-glycerine, dynamite, dualin, gun- cotton, gunpowder or other high or dangerous explosive! is manufactured, com- pounded or stored. . “SBa 3. TJrni minora over the age of sixteen years way be employed in or ftBfint establishments for the manufacture or preparation of white-lead, red* lead, Jffliato^plwhprus, .phoapfeonis matches, ppitonfiut acids, or. for the ■ manufeotwe or stripping offoWco or cigars;, PmMtd, Thatwhoro Jt is proved to the satisfactioa of the CM Factory- Inspector, thafe tbe danger' or menace tp thd heatfte oy safety of ntainbrs employed in any estoblishwoiU or industry &k$**Z*^* empfoymeht in some part & parts of said industry Is not dangerous, or a menaced the health OS’ safety of . -Vt m ’ IB 4 -w. employed.-' 1? 0bc. 4. Thai minora i over the age of fourteen years, who can read and write th$ English language intelligently., and are physically qualified, may be employed in or for mercantile establishments, sto?e®; telegraph, telephone, or other busings offices; hotels* restaurants; or in any factory, workshop, rolling- mills, or other establishment having proper sanitation; or in any factory, work- shop, rolHing-mililB, or other establishment having proper sanitation and proper ventilation, and in which power machinery is npt tied, or, if used, that the same, and all other dangerous appliances used, are kept securely and properly safe-guarded; rules and regulations for the same to be prescribed* and provided by the Chief Factory Inspector; ' “Sec. 5. That no male minqg, under the age of sixteen years, and no female ffitder the age of eighteen ye$ra, shall be employed, permitted, or suffered to work, in or about or for any establishment, place of business, or industry, named in sections three and four of this act, for a longer period than ten hours in any one day, except when a different apportionment of the hours of labor is made for the sole purpose of making a shorter work-day for one day in the week ; nor shall a less period than forty-five minutes be allowed for the midday meal; and in no case snail the hours of labor exceed fifty-eight ip any one week. No male minor under the age of sixteen years, and no female under the age of eighteen years, shall he employed or jpermitfpd to work between the houre of anile poet meridian and six ante meridian. ■ 6, That where the usual process of manufacture, or the nature of the business named m section four of this act,' is of a kind that customarily necessi- tates a continuous day and night employment, male minora, not under the age # of fourteen years, may be employed day or night, or partly by day and partly - by night; but said employment email not exceSl nine houre during any twenty- four hours for minors under the age of sixteen years. A violatign of any of the provisions of this section shall be deemed to be in contravention of this act. “Sec. 7. That no minor under the age of sixteen years Bhall be employed., in or about or for any establishment or industry named in sections three and four of this act, unless the employer of said minor procures and keeps on file, and accessible to the deputy factory inspectors, the employment certificate as hereinafter provided, Issued to said minor, and keeps two complete lists of all minora under the age of sixteen years employed in or for his or her estab- lishment; one of said lists to be kept on file in the office of the employer, and ' one to be conspicuously posted in each of the several departments in or for which minora are employed. Said employment certificate, when issued, Bhall be the property of the minor named therein, who shall be entitled to a surrender of said certificate to him or her by the employer whenever said minor shall leave the service of any employer holding said certificate. “Sec. 8. The employment certificate required by the provisions of this act shall be issued as follows: “In school districts having a district superintendent or supervising principal, by such superintendent or supervising principal; in school districts having no superintendent or supervising principal, but having one or more principals of schools,, by such principals, each principal to issue the certificate to minors residing within the territory belonging to the school over which he has suiter- vision; in school districts, or parts of districts, having no district supemf' ten dent or principal, by the secretary of the board of school directors for that district: Provided, That any district superintendent, supervising principal, principal of schools, or secretary of the board of school directors, hereby directed to issue such certificates, may authorize and deputize, in writing, such persons as they may see proper to act in their place and stead for the purpose of issuing such certificate! Any cf the hereinbefore mentioned officials, authorized to issue employment certificates, before 4ojng so shall demand, and if possible obtain, a birth certificate, pr baptismal certificate, or passport, or other Official W,' , y./.y ' ' pr reugious record of tfee minor's age* or a duly' attested transcript thereof; and, t , to the eybnt that njfte of these fi obtainable^ shay accept, in lieu 'thereof,, a . ft. !;■ pj:,. y . fe. — y i tu c tp ^^-pnnviimi, roacnen; m wcrpumres o ranj r pf r me aamamy, piroenuu . 0M * school, in all cases where the applicant for an employment' 4 certificate is, or recently has been, anattendant pupil in a private academy, parochial or denominational school, and is not a pupil in a public school: And proyid l further, That whenever in any school district an employment certificate is toued by any persons other than the public school official here- inbefore directed to issue such certificates in said district, said persons shall, on or before the third day of each month, file with the aforementioned public school official, in said district, true t s of all employment certificates so issued. “Sec. 9. The employment certificate provided by this act for the use of a minor between fourteen and sixteen yean of age shall be in the following forxm— a certifies that (name and residence of minor) is aged yearn . .F months ...... days; whose. complexion is hair is ....... and eyes are . is able to read and write the English language intelligently, and may be employed at labor in any of the following establishments, businesses, and industries: The manufacture or the preparation of white-lead, red-lead, osphorus, phosphorus matches, poisonous acids, tobacco or cigars, in which industries minors between fourteen and sixteen years of age may be employed, only when their labor is performed in such part or parts of such industries as are not dangerous or a menace to their health mi safety, and mercantile establishments, stores; telephone, telegraph or other business offices; hotels, restaurants; or in any factory, workshop, or other establishment having x proper sanitation and proper ventilation, ana in which power machinery is not used, or* if used, that, the same, and all other dangerous appliances used, are kept securely and properly safeguarded. 14 This certificate is a legal warrant for the employment of the minor named hereon, in any of the above-named establishments, businesses and industries, under the provisions of ah act approved one thousand nine hundred and nine. ■ ✓ - (Signature of peraon who issued certificate, official title and official address.) (Signature of minor to whom issued,) “Sec. 10. The blank employment certificate shall be prepared by the Super- intendent of Public Instruction, in accordance with the form prescribed in this act; the same to be printed in accordance with the laws regulating printing , and binding, under the supervision of the Superintendent. of Public Printing and Binding. The Superintendent of Public Instruction shall also supply the aforesaid certificates, to all persons authorized to issue the same. “Skc. 11. Any peraon .or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be pun- ished, for a first offence, by a fine of not lees than ten dollars or more than • . twenty-five dollars^ or ten days imprisonment in the county jail, or either or both, at the discretion of the court: and for a second offence, shall be punished by a fine of not more than fifty dollars, and ninety days imprisonment in a county jail, or either or both, at the discretion of the court. It shall be the duty of the Chief Factory Inspector to carry out the provisions or this act, and prosecutions for violations thereof shall be instituted by the'Chief Factory Inspector. * to. 12. All fines imposed and collected for any violation of this act shall be forwarded to the Chief Factory Inspector, who shall pay the »ame into the office of the State Treasurer, for tne use of the Commonwealth. ” Sec. 13. * * * Sec. 14; * * * Act 182, Apr. 29, 1909, (Jan. 1, 1910.]^ 700 Pennsylvania. Providing for the health and safety- of minors in bituminous'boal mines and anthracite collieries or breakers, by regulating the ages at which said minora may be employed, .their hours of employment, and prescribing .. . rules, for. the obtaining of: employment certificates; providing penalties. . Prohibiting the employment of minora under 14 yean of age in coal mines " collieries. Prescribing conditions and hours of labor ahd providing Co* " . , birth and School certificates* ‘ . ■ ^ Act 210, May 1, 1909. ’ (Jari. 1, 19ltf.) ,W> 8TCAT1 „ , £00^1^ ■ 701 nnes$ee Providing lor and enforcing the education of all children between the agee of 8 and 16 years in counties having a population of not lees than 22,738 Jbr more than 22,750. Applies to Roane County. /Q , , < •' A Chap. 183, Apr. 20, 1909. (July 1, 1909.) ■ (See also, chap. 206, relative to Anderson County-chap. 225, relative to Jef- ferson County; chap. 234, relative to Johnson ana Carter counties; chap. 235. relative to Sevier County; chap. 256, relative to Hancock County; chap. 494, relative to certain 18 counties; chap. 543, relative .to Jeffereon and Monroe counties; chap. 544, relative to Cumberland County.) 702 "Vermont! Repealing sec. 1036 and amending secs. 1030, 1033, and 1037, Public Statutes, 1906, relative to compulsory attendance. . Act 43, Jan. 28, 1909. 703 Vermont! Amending secB. 1044 and 1045, Public Statutes, 1906, relative to the employment of children under 16 years of age. * Providing for excuses by district superintendents and chairmen of the pru- |dential committees. - , . Act 44',‘Nov. 17, 1908. 704 Washington! Relating to crimes and punishments. Secs. 194 and 195 prohibiting the employment of minors. Chap. 249, Mar. 22, 1909. 705 Wisconsin! Amending sec. 1502, Statutes, relating to the support of poor relatives. Providing that no child of school age shall be compelled, by provisions of this act, to labqr 'contrary to child fibor laws. . Chap. 207, May 27, 1909. 706 Wisconsin! Amending secs. 1728a, 1728a-l, 1728b, 1728c, 1728d, 1728e, 1728f, 1728g, 1728h, and 1728i (chap. 523, 1907), Statutes,, relative to child labor. : Numerous minor amendments; strengthening. Chap. 338, June 9, 1906. 707 Wisconsin! Creating secs. 1728p to 1728za, inclusive, Statutes, relating to the work of children under 16 years of age in the sale or delivery of newspapers, magazines or periodicals, in the distribution of handbills and circulars and in street trades in cities of the first class. Chap. 377, June 11, 1909. ’ 708 "Wyoming: Amending secs’. 1 and 3, Laws, 1907, relating, to compulsory education. Extending annual compulsory period from the first six months of the school session td the entire school session. Chap. 31, Feb. 17, 1909. L SCHOOL DISCIPLINE. i£v 1 Eft fill (a) General. y ; , The seyeral court decisions classified under this heading are not in reemphasizing well-established principles for the governmept of the schools, and in establishing precedents that are likely to be of further' influence.. The decision of the Illinois court a 'i'' school disoh>linb. m m matter of educational history; that of the Mississippi court (IX 711 ) imposes a unique though seemingly reasonable restriction upon the authority of school officers; that of the Ohio court (D. 714 - 716 ), and also that of the Oklahoma court (D. 717 ), have an interest not lim- ited by the boundaries of these States. D. 709 Illinois (1909) : With respect to a rule adopted in the interest of discipline, courts will not interpose their judgment against that of a board of education unless it is clearly shown that fraud or corruption controlled such board in making, or that oppression or gross injustice naturally follows from the en- forcement of, such rules.— (1907) Wilson v. Board of Education of City of Chi- cago, 137 111. App., 187, judgment affirmed (1908), 84 N. E., 697; 233 111., 464. 710 Minnesota: « Prohibiting perrons under 18 yearn of age or minor pupils of schools from playing pool, billiards, or bowling in public places and providing a penalty for the. violation thereof. ^ Chap^l33, Mar. 31, 1909. D. 711 Mississippi (1909): Code 1906, sec. 4625, empowering the trustees.of school districts to. prescribe and enforce rules not inconsistent with law for the govern- ment of schools, and to suspend and expel pupils for misconduct, and section 4623, authorizing teachers to enforce rules prescribed Tor schools, and to hold .pupils to a strict account for disorderly conduct on the way to ana from school, on the playgrounds, etc., do not authorize the adoption of aTule requiring all pupils .of the school to remain in their homes ana study between designated _ . study houre in the evening.— Hobbs v. Germany, 49 So., 515. 712 New Hampshire Relating to the admission of children to shows and places of amusement. Prohibiting the admission of children under 14 years of age to licensed shows - and places of amusement during the hours when the public schools are in session, unless accompanied by an adult. ■ Chap. 137, Apr. 9, 1909. 713 North Bakota: Prohibiting the manufacture, sale, or use of adulterated cigar- ettes and prohibiting the use of tobacco by minor persons and by all minor pupils of public~schools; providing penalties. Chap. 52, Feb. 26, 1909. D. 714 Ohio (1909): ^ ra k* of a board of education providing for the examination at the end of the school year of pupils jointly by the teacher of the grade and the superintendent of the schools, and for the promotion of pupils to the next higher grade upon recommendation of the teacher and superintendent, the same being based on merit, is reasonable. — Board of Education of Sycamore v. State, 88 N. E., 412. 7 D. 715 Ohio (1909): Where, by. direction of the parent of a pupil, the pupil without * .authority of the board of education enters the room of a grade higher than that to which promoted after examination for the purpose of remaining there, it is the right and duty of the superintendent of schools to refuse to allow the pupil to remain, and to direct him to go to the room of the grade to which promoted.— 1 Board of Education of Sycamore v. State, 88 N. E., 412. D, 716 Ohio (1909): A pupil who has passed an examination and been given a certifi- cate, authorizing him to enter the next higher grade, is without right, in the absence of authority from the board of education, to omit the grade to which g^m°ted mid pass to a. higher one. — Board of Education of Sycamore v. State, • No attempt has beenmade to Include all of the legislation of this particular kind. The session laws of - tho year for many Statesoontaio prohibitions of this and si m ile* ofrsmc tor; a fow of the typical enactments ;;;aro.hamiH^.teji l , ; .. . v. < ^ V v'i'iw -■ ;; •/.; •..> ,£$,•. c -4 v;-- mm® Mi a " "*■ ‘ 1 1 £ M 1 • -3 f 1 D. 717 ^Oklahoma (1809): Schoblatuhoritiea may grade acholan and cause them to P® 111 bianchee deemed expedient, prescribe the course of study and textbooks, and make reasohable rules, and require prompt attendance, respect- ful deportment and diligence in study; but tne parent may make a reasonable selection from the prescribed coune of study for his child to pureue, and this selec- tion must be respected by the school authorities, as the parent's right in regard “jereto u flU P®^Jp r to theire.— School Board Diit. No. 18, Garvin Countv v Thompson, 103 P., 578. . ‘ 718 Oregons Relative to the participation of minor children under the age of 16 years in dramatic and public entertainments. Prohibiting participation of minors under 16 yeare of age. Chap. 129, Feb. 23, 1$09. 719 Rhode Islands Adding to chap. 277, General Laws, 1896, relative to offenses against the person. Providing against hazing. _ • ' Chap. 431, May 7, 1909. (b) Corporal Punishment. (c) Suspension and Expulsion. D. 720 AriniUM (1909): A parent suing for damages for the unlawful suspension of his child from school for a specified time who fails to show facts establishing an unlawful suspension, and that during the specified time he was compelled to expend any amount for the education of his child, or that after the expiration * time he was compelled to send his son to another school, fails to show that he suffered any financial injunr by reason of the suspension, and he can not maintain the action.— Douglas v. Campbell, 116 S. W., 211. D. 721 Arkansas (1909): Unless a parent has sustained some direct pecuniary injury by reason of the unlawful suspension of his .child from school, hfo remedy there- for is mandamus, to compel the school authorities to allow the child to attend school, and not an action for damages.— Douglas v. Campbell, 116 S. W., 211. D. 722 Arkansas (1909): Under' Kirby's Dig., Sec. 7637, authorizing the directors of any school district at the instance of the teacher to suspend from school any pupil.for gross immorality, refractory conduct, or insubordination, a pupil who has been drunk and disorderly in violation of the ordinance of the town may be temporarily suspended from school, Though the offense was not committed in or about the school or school grounds.— Douglas v. Campbell, 116 S. W. 211 id) Fire Drills. Montana and Washington followed the 1908 example of Ohio by the passage of laws requiring fire drills in public schools. These two laws form a part of the general movement for the protection of children, pointed out in the comments upon the legislation relative to the inspection of school buildingB (see enactments Nos. 471 to 496 ). b That in all school* of thestate, eitherjiubiic at private, in which thirty or more children are enrollotf , it shall be the duty of the teacher or teachers , therein employed to instruct the children under their immediate control and ame once each week,during school terms, in a fire drill, as herein provided. Sac. 2. A fire alarm shall -be given by striking a . gong, and immediately upon such alarm; the children shaU be required tO'imnu itely form in lines SCHOOL MBCtPUNE. will most expeditiously clear the building. There Bhall be no certain day of the week orliour of the day, for giving such alarms, and they shall be given - without previous warning to the children. “Sac. 3.' It shall be the duty of the trustees or directors, or other persons hav- ing the control and management of any sch(*)l building of the class mentioned in section one of this act, to provide one or more gongs therefor, to be placed in such a manner that any teacher may give an alarm without leaving the room r or that such alarm could be given from the basement. Each member of any board of trustees or directors, or any other person, whose duty it is to install said gongs as herein provided, who fails or refuses so to do shall be guilty of a misdemeanor and upon conviction Bhall be fined not less than five nor more than fifty dollare. “Sec. 4. Any teacher who fails or refuses to instruct in said fire drill in the manner provided for in this Act, after th6 installation of gongs as above pro- vided, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not Icsb than five nor more than twenty-five dollars.’* Sec. 5. * * * Sec. 6. * * * Chap. 31, Feb. 25, 1909. (July 1, 1909.) 724 Washington: Providing for fire drills in the schools of the State. Drills to be held twice each month excepting colleges and universities. Chap. 106, Mar. 13, 1909. (•) School Fraternities. - In the review of legislation for the hiannium 1906-1908, the decisive stanf taken by a number of States (Indiana, Kansas, Minnesota, and Ohio) against the so-called high school fraternity was commented upon as a significant legislative event. The fact that six additional States (California) Iowa, Massachusetts, Nebraska, Oregon, and Vermont) during the yfear passed similar restrictive'measures is indica- tive that such organizations are regarded as inimical to the interests and government of the American high school. The special and dis- tinctive character of these measures seems to warrant complete presentation. . * The decision of the Illinois supreme court (709), already familiar to those who have watched contemporary developments of school administration, is representative of the same decisive attitude. 725 "California: Preventing the formation and prohibiting the existence of secret, oath-boiind fraternities in the public schools. . “Sec; From and after the passage of this act, it shall be unlawful for any • pupil, enrolled as such in any elementary or secondary school of thisBtate, to join or become a member of any secret fraternity, sorority or club, wholly or partly formed from the membership of pupils attending such public schools, or Jo take part in the organization or loraaation of any such fraternity, sorority dr secret club; Pwvidea, That nothing in this section shall be construed to prevent any one subject to the provisions of the section from joining the order of the Native * ’■ Sons of the Golden West, Native Daughters of the Golden West, Foresters of America or other kindred organizations, not directly associated with the public .;■■■ schools. of the state.- , , ... . , v “Sec. 2. Boards of school trustees, and boards of education shall have full power and authority to enforce the provisions, of this act and to. make apd. ! enforce all rules ana regulations neediul for the government and discipline of the schools under their charge. They are hereby required to enforce the pro- visions of this act by suspending or, if necessary, expelling a pupil in any » v x elementary or sec ry school who refuses or neglects to obey any or all such . rules or reguUUoiw.” • •/ r .. f ! BJ-We VrW****m k ; : P .TtBi- •"vWlstf icjBDoii'M^^ uw^iridK, inro., not* f 726 *Iowai Prohibiting secret fraternities and societies being formed in the public schools of this 8tate, empowering and making it the duty of school directors to adopt rules and regulations relating thereto and to enforce the same, and making . it an offense to solicit pupils to join them and prescribing the penalty therefor. (Additional to chapter 14 of Title XIII of the Code, relating to the system of common schools.) “Section 1. -Pupil* pmk%bMfrm% joining or organising. That from and after the passage of this act it shall be unlawful for any pupil, registered as such and attending any public high school, district, primary, or graded school! which is partially or wholly maintained by public funds, to join, become a member of. or to solicit any other pupil of any such school to join or become a member, of anv secret fraternity or society wholly or partially formed from the membership of pupils attending any such schools or to take part in the organiza- tion or formation .of any such fraternity or society, except such societies or’ * associations as are sanctioned by the directors of such schools. « “ SE& 2. Enforcement— rules and regulations. The directors of-all such schools shall enforce the provisions of section 1 of this act, and shall have full power and authority to make, adopt, and modify all rules and regulations which, in their judgment and discretion, may be necessary for the proper governing of such schools and enforcing all the provisions of section 1 of this act. “Sbc. 3. Suspensxon or dismissal. The directors of such schools shall have full power and authority, phrsuant to the adoption of such rules and regulations madeand adopted by them, to suspend, or dismiss any pupil or pupils of such schools therefrom, or to prevent them, or any of them, from graduating or par- ticipating in school honors when, after invesiigation, in the judgment of such directors, or a majority of them, such pupil or.pupils are guilty of violating any of the provisions of section 1 of this act, or who are guilty of violating any rule ™ e8 » or regulations adopted by such directors for the purpose of governing such schools or enforcing section 1 of this act. “Sbc. 4. Rushing or soliciting— penalty— jurisdiction. It is hereby made a misdemeanor for any person, not a pupil of such schools, to be upon the school grounds; or to enter any school building for the purpose pf rushing or soliciting, while there, any pupil or pupils of such schools to join any fraternity, society or association organized outside of said schools. All municipal courts and justice courts m this state shall have jurisdiction of all offenses committed under this . section, and all persons found guilty of such offenses shall be fined not less than two dollars nor more than ten dollars, to be paid to the city or village treasurer, when such schools are situated inside of the corporate limits of any city or village, and to the county treasurer, when situated outside of the cor- porate limits < any such city or village, or upon failure to pay such fine, to be imprisoned for not more than ten days/* Chap. 185, Apr. 12, 1909. 727 Massachusetts: Relating to the authority of the school committee of the city of Boston over organizations of school pupils. “Sbc. 1. The school committee of the city of Boston may prescribe such rules concerning the admission of pupils enrolled in the public schools of said city secret organizations, except religious organizations, composed wholly or in part of public school pupils; and their continuance therein, as it may deem expe- dient for the welfare of the public schools, and may exclude from the public schools any pupil not required by law to attend school who neglects or refuses (^comply Vith any rule prescribed in accordance with the provisions of this Sbo. 2. * * • ' Chap. 120, Feb. 27, 1909. v' 728 Inhibiting secret fraternities and societies being formed in the public i ; eh ' >ls # mpo ' "&g.ahd making it the duty of school directors to adopt rules and regulations relating thereto and to enforcethe same, land making it an offence ■ to solicit pupils to join them a^d prescribing a penalty therefor. "“Sap. 1.. It shall be unlawful for the pupils of any public high schools, or 0thOT tl!? Peil | ar ^ acbo6lfl °* ***** «**«»*> participate in, or be members of any seem t*rn to nr ****** “ degree a school TWIT"*? T* ■ 'K'i .■: ? ; .{J 'l WJC , HEALTH REGULATION'S. 157 ;-^I Sbc. 2. All boards of education and boards of trustees of high school districts or of county high schools are hereby authorised and empowered to deny to any student regularly enrolled in such high school or elementary school, who shall violate Section One of this Act any, or all of the privileges of such high school or elementary school, or to expel any such student for failure or refusal to comply with this act. r J .“Sec. 3. It is hereby made a misdemeanor for any perron, whether a pupil of any such school or not, to be upon ihe school grounds, or to enter any school building for the purpose of rushing or soliciting, while there, any pupil or pupils of such schools to join anv fraternitv wv>iAt v nr ^.outeido aicuon ot all ollencee committed under this section, and all persons found loilwB 0 ” 4 ™ ° fleDC08 BhaU bftfihed not le “ two dollara nor more than ten Sec. 4. * * * Chap. 121, Mar. 10, 1909. 729 * Oregon: Abolishing and prohibiting secret societies in the public schools of the State, authorizing school authorities to supprem them and for this purpose to suspend or expel pupils; excepting state agricultural college and state uni- yersity. Chap. 215, Feb. 24, 1909. 730 Vermont: Relating to secret societies in public schools. ' Prohibiting pupils from* forming such societies. Excepting temperance and religious associations. Act 41, Jan. 7, J909. . 731 Wisconsin: Relating to student Greek letter fraternal organizations at the university. “Whereas, Certain students of the university of Wisconsin havo banded themselves into -fraternal organizations known as Greek letter fraternities and Greek letter sororities, • “Whereas, Such organizations have had a tendency whenever they have existed in this country to form cliques and social classes anti-democratic in tendency, “Wheregs, While we recognize that the university is as democratic as any university in the country, yet evidence is not wanting of a tendency toward a fore* bo it nCtl ° n gr0Wlng 0Ut ° f tho con(litionB surrounding fraternity life, There- 4 'Resolved by the assembly, the senate concurring, That the university regents be requested to investigate the situation in the fraternities and sororities with refer- ence to remedying tho above tendencies and also with reference to the substitu- tion therefor of some better system of student organization and to report the result of such investigations with recommendations to the legislature at their next regular session. ,r Jt. Res. No. 59, p. 845, 1909. * J. HEALTH REGULATIONS. « The volume 9 f legislation seeking to improve and protect the phys- ical welfare of children has had a noteworthy increase dur ing the past half decade. From one point* of view, the enactments included under this heading may be said* to constitute the most important single group, of those presented in this publication, especially the subgroup relating to physical' examination and medical inspection. The enactments of Calif ornia (743), Colorado (744), Indiana (745), pr **&>*<«* )>? ^tsto bosrdi of health lu ksosM tod Wlsooutio — " ■ - — — - - - **•: Y * - a &e&s! a & ** \h * i O ERIC -v- , ... *7 - 158 - STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-8. M&ine (746), and New Jersey- (747) are deemed of such value as to justify an opportunity for their detailed study. They are therefore quoted in their entirety. The inclusion of instruction in physical defects of school children in the course of study of normal schools of California (732), the dele- gation of authority to the state board of health-in Florida (733), and the vaccination legislation in Hawaii (734-735), New; Hampshire (737), and decisions in Missouri.(739), and Pennsylvania (D. 741) are among the important items of the first group. I (a) General. 732 California: See enactment No. 118. 733 Florida: Authorizing the state baud of health, to adopt, promulgate, and enforce rules and regulations for the betterment aqd protection of the public health of .. . the State. Including schools. Chap. 5931 (No. 62), May 29, 1909. 734 "Hawaii: Amending sec. 1019, Revised Laws, 1905, relating to the manner of vac- cination of children. Defining in detail conditions and method of vaccination. Act M 63, Apr. 3, 1909. 735 Hawaii: Repealing sec. 1018, Revised Laws, 1905, relating to the nonadmission to school of children without certificates or other evidences of vaccination. • £ Act 116, Apr. 26, 1909. y hlPet Relating to the welfare of school children. Providing for the exclusion from school of unclean or diseased pupils Pen-*' fti.ty for parental neglect. Chap. 31, Feb. 26, 1909. 737 New Hampshire: Amending sec, 2, chap. 93, Public Statutes, 1901, as amended by chap. 19, Laws, 1901, relativ^ to compulsory vaccination of school children. Providing for exceptions. \ \ Chap. 90, Mar. 30, 1909. 738 New Jersey: Permitting the use of nrmories for athletic purposes by the school children of the State. Chap. 93, Apr. 13, 1909. D.. 739 Missouri (1909):« Rev. 8tat„.1899, see. 9765 (Ann. Slat., 1906, p. 4479). prohibit* i children Affected with a contagious or infectious disewe, or one exposed thereto and liable to transmit the same, from attending public schools and provided that any child may be examined by a physician, and excluded so aw, tpav such section appnea to cmidren actually dts- eaaed pr ex sed to contagious or infectious diseases and did not prevent a, board of school directors from forbidding attendance of nohvaccinated children during ^^pidMuc^BxiBtiog ^ir threatened, of* smallpox.— 11 * ** 424 * . \ .H3tate ex rel.b’B*n / _ ■ 1 II I 1 ^ 1 III health regulations. 159 740 PwiMflr»nI»: Repealing aeca. 1 to 19, act 124, Uw»,‘ 1896, providing for regula- tione for the control* of communicable diroaaee and the prevention of infection. Excluding from school any children suffering from communicable diseases Conditions of re-admission. . ' Act 668, May 14, 1909. D. 741 PennsylvanU (1909): Act of April 11, 1899 (P. L„ 38), empowering the school districts of the several townships of the Commonwealth to exercise the powen* of a board of health in each township, is not unconstitutional on the ground that it undertakes to divert the school fund to other purposes than the ^ bl 4 i ^ 8rhoQl8 “ Nether Providence School Dial. r. Montgomery, 742 South Dakota: Creating the state health laboratory, and making provision for the support thereof. ' Chap. 2«2, kfar. 9, 1909. (b) Physical Examination and Medical Inspection. 743- * California: Providing for health and development supervision in the public £ schools. “Sec. 1 Boards of school trustees and city boards of education are hereby authorized to establish health and development su|>ervitrioh in .the public schools of this state, and to employ an examining staff and other employees necessary to. c arry on said work and to fix t ho compensation for the same W henever practicable the examining staff for health and development super- vision in the public schools of the state shall consist of both educators and e physicians. l P^P 0608 of health and development supervision in the public schools of the state are hereby defined as follows: “!• To secure the correction of developmental and acquired defects of both pupils and teachers which. interfere with health, growth and efficiency by complete physical examination. Said examinations shall occur annually dr as often as may be,determined by the board of school trustees or city board of education. “2. To adjust school activities to health and growth needs and to devetop- ment processes and to attend to alt matters pertaining to school hygiene. “3. To hnng about a spec ial study of mental retardation and deviation of pupils in thepublic schools. * J\ KC t? i requirements f or certification of members of the examining staff for health and development supervision in the public schools of the state shall be as follows: ‘‘For educators: A life diploma of California of the high school or grammar school grade and a health and development certificate which shall authorize the holder of such certificate to conduct the work authorized by this act in those grades specified by the life diploma held. ’ ‘‘For physicians: A California certificate to practice medicine and surgery and a health and development certificate. v . VSec. 4. County or city and county hoards of education are hereby authur- to f^nt healthr and development certificates to holders of life diplomas of California of the high school or grammar Bchool grtde or to holders of California certificates to practice medicine and surgery who shall present with such life diplomas or with such certificates to practice medicine and surgery a recom- mendation from the state board of education certifying special ntne» for the work specified in this act.* 1 • . , ♦ ’ Chap. 698, Apr. 15, 1909. 744 Colorado: Pmviding for the examination and care of children in the public schools; appropriation j • Sue. 1. The State 'Superintendent of Public Instruction shall prepare or ‘ cause to be pre red suitable test cards, blanks, record books, and other needful appliances and supplies to be used in testing the sight, hearing and breathing °i Pn the public schools, and the necessary instructions for their use: ana mall fumish the same free of expense to every public school ip the I The teacher pr p^paljn every public school, or where there is no principal, r ecnooi, orirneretnere iji\o principal, f , T' jpv ’* 160 state School systems : uuhelation, etc., ioos-q. the county superinumdent, shall, during the rot month of each school year, test the sight, hearing and breathing of all pupils under his charge, such exami- nation to be made by observation, without using drugs or instruments, and without coming in contact with said child ; and keep a record of such examina- tions according to the instructions furnished and -make a written report of such examinations to the State Superintendent of Public Instruction ss he may require. ‘^Sec. 2. Every teacher in the public schools shall report the mental, moral and physical defectiveness of any child under bis supervision, as soon as such defectiveness is apparent; to the principal or, where there is no principal, to tho county suncnn&hdenl. Such priori |*il or county superintend! shall promptly notify tho parents or guardian of each child found to bo defective. • of the child's defectiveness and shall m'ommend to such parents or guardian/ that such child bo thoroughly examined as soon as pomible by a competent . physician or surgeon with special reference to tho eyes, ears, nose, throat, teeth and spine. If the parents or guardian of such child shall fail, neglect or refuse to have such examination made and treatment begun within a reason- able time ufter such notice has been gi ven, tho said principal or superintendent shall notify the State Bureau of Hiild'and Animal Protection of the facts; providing, however, that whenever it shall he made to appear to the said principal or superintendent, upon the written statement of the parent or guard- ian of said child, that such parent or guardian has not the necessary funds, wherewith to pay tlhrexpenae® of such examination and treatment, the e&id principal or superintendent shall cause such examination and treatment to be mado by the'. county physician of tho district wherein mid child resides; and it shall bo the duty of such county physician to make such examination / and treatment, and if he be unable to properly treat such child he shall forth- with report such fact to the county xommiasioneni of the county, with his recommendation. u 8bc. li. Tho 8tato Auditor is hereby directed to draw his order for such sums aud at such times as the State Superintendent of Public Instruction may require to carry out the provisions of this act. The total expenses under this act shall not exceed one thousand ($1,000.00) dollars in any biennial period ending November 30.” _ v . *“ ('hap. 203, Mar. 22, 1009. , 745 * Indiana: Concerning health in schools in cities of more than 100,000 population . “Sec. 1. * # * in every city of this state having a population of more than one hundred thousand, according to the last United Stales census, it shall be the duty of the board of public health amf charities of auch city, for the protection of public health, to make medical inspection, front time u> time, of all- persons attending, or employed in or about all public, private and parochial schools in such city. For this purpose such board of health shall appoint, front time to time, competent physicians to make the inspections, and shall pre- scribe rules and regulations coricemhig the number anti character of inspections and for the doing of the work and for reports to the said board of health concern- ing tho same. Said board of health shall have power to prohibit the prosenco in or about any such school of any pupil, teacher, other employe, or person . whose health is such that his presence would be, in the board's opinion, inju- rious or dangerous either to tne person himself or to others in attendance at V. * *qhool, and such prohibition shall be effective until revoked by suclA board of health. Such board of health. shall have power to appoint, from time to time, as its judgment. may dictate, district nurses with such Visitorial powers as such board may prescribe, to the end that such board may be kept informed • of the care and attention that is being received by persons which it shall have so excluded from the schools and may be kept informed of the progress of such persons toward recovery. “Sbc. 2. All expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil, city. It is hereby made the auty of every such civil city annually, beginning in 1909, to levy the sum on half (4 cent on eadrone nqndred dollars ($100.00) of tables within such city to create a • tod, to be known as the .school hddta tod, for carrying out 'the provisions of this act. Such fun*•» carry out! the purpose. “SBr 5 The school committeo shall cause notice of disease or defer h. if rhiW “ fo^to bosufferin* to toS. tohRS^S '& - - Whenever a child shows symptoms of smallpox ^scarlet fever measkv. chicken pox,,tubercu|«ds, diphtheria, or influent totu3?ttawh«m 3 s^n«’mfo3^ 0r ^oma. ho shall be sent hoi^e immUSately or as «oun BA' Kuo and proper conveyance can be found, and the board of health and supenntendent of schools shall at once be notified of health 5ec. o. The. school committee of every citv or town shall mm AVAni m the publ.c schools to bo separately and c^fu"^™ ^3,2] i iShtTh^n^ B ^°° 1 yPftr w ^ et he^hois^^ri^fronT3)fcctive the school physicians. The committee shall cf use notice of any defect or dim. SlftiV' rcq V mn K treatment to he sent to the parent or guardian of the child and ^a^SiSffiSSSSSSS' scnooia may expend aunhg the year nineteen hundred and nine a sum ■««# sjKdWi'Jr "* 1 Prohibiting the purchase of second-hand books for schools: ' ’ Chap. 131, Mar. 24, 1909. 751 North Carolina: Assisting poor and indigent children to procure necessary school books. J Applies to Chowan County. . Chap. 837, Mar. 8, 1909. (July 1, 1909.) 762 North Dakota: Amending sec. 822, Revised Codes, 1906, relative to school equipment. ■ . ' Dictionary?* hmi “ hi, « of other dictionaries than Webster’s International • Chap. 203, Mar. 13, 1909. D ' 9 oatt / } 0OZ < aec - 136 (Code, 1904 p. ccxlv), providing that - a oenarateechool dlstrictV and sc >1 district? i iy J*?? ?i? °K. U } x ^ tl ? n *° ™ expended by the local school authorities for „ ,n ,‘K r ,udpne . nt ^ he public welfare requires, does not prohibit y "J ra c ?“ ,e C , "K th « »U“o board oteducation power to - f « f !Ui urB . f £ r , . p “t 1,c •chools in the State.— Commonw«»lth v. . . School Board of City of Norfolk, 63 8. £., 1081 . . . ’ ' (b) Free Text-Books. Majority, insteadoftwo-thirds vote. -‘■n ,754Kan»a*i Statutes, 1901, rtfotive to echcfor districts * furnishing text-books. ' ' & If 755 mnMSOtel Amending ©fee, . 1, chap. 26$, Laws, 1005, empowering bdairds of Education in incorporated cities having over 50,000 inhabitant* and consti- tuting special or independent school district to make miles and regulations lor the goveriuhent^and management of schools and for the employment and examination of teachers therein. Adtling^prfb vision authorizing— v (Sec. l.J “* * * contract for and purchase of text books, pencils, tablets and such other school supplies, needful for the schools of the district, and pro- iding for the free use of such te: ‘ ippliee, by the pupils of such sch< Joption or contract for text books £ geam^dum^ which time such text books adopted or contracted for shall not Not applicable to cities operating under charter framed according to sec. 36, art. 4, constitution. Chap. 361, Apr. 21, 1909. 756 "Nevada* Providing books, equipment, and materials, and * encouraging the economic use thereof by the pupils of the public schools, and fixing penalties. “Sbo- 1. The Board of Trustees of each School District may upon their own motion, and shall upon written demand by a number of qualified voteps equal ° to ten per cent of the average number of children attending the public schools in B&id district during the preceding full school month, submit to a vote of the people { at the next ensuing general or special school election, the question of providing free text-books for the pupils attending said schools, and of levying a special tax for this purpose at a rate to be named in the demand, if demand be made, and in a notice of such election, which shall be given as required in the case of other special-tax elections. 4 *Sao. 2. If a majority of those voting at such election vote in favor of pro- viding free text-books and of a special tax for the same, the Board of Trustees shall levy such tax, which shall be collected as other special taxes are collected and from the fund so provided, which shall be called tne Book Fund, shall pur- chase a sufficient number of authorized text-books, as they may be required, and shall loan them upon such terms, and under such rules and regulations, as may be made by said Board. or as may be provided by law, to parents or guardians for the use of the pupils of the schools of said district. “ Sbo. 3. All property purchased under this Act for a School District shall be and remain the property of said district, except as otherwise provided by law. “Sec. 4. Text-books purchased under this Act may be disposed of as follows: u (a) They may be sold for cash to pupils of the public schools, or to parents or jniardians of such pupils. "(b) If the Board of Trustees so decide, pupils who have completed the last two years of the course of study for the district, may, as a mark of merit, be given the permanent ownership of such four text-books used by them during their last two years of study in the schools of said district, as said pupils may select. '"Sbo. 5. The parents and guardians of pupils shall be inmonsible for all books fumed to the pupil© in their charge, and shall pay to tne Clerk of the Board of Trustees, for me Book Fund of the district, the full purchase price of . every such book destroyed, lost or so damaged as to make it unacceptable to other pupils succeeding to their classes. The Board of Trustees may also make rules for payment for sfehter injuries to books. */Sec. 6, Credits shall he given to pupils in a ratio to be fixed by those having • Authority to fix mrios of credits, -for the economic use and care of books in the hands of pupils, whether such books be the property of the district or otherwise. -“Sec. 7. Equipment' and materials for use in manual training, industrial training and tne teaching of domestic science, may he supplied to pupils in ■- V the same as books , ; out of the fl&nae fpnd and the same terms and conditions ■s cooks, frowrfj that ho pnvate.dwtoefBhip o&h be Acquired in such ■ '<4 ment or material antes* sold accoidfcg to lajr when: such equibmbnt or mppml •,<; $ f shaE b£e%of the School District ‘ ‘"'t&XSSSSt MMMI the Bc&wt el School Treater of sucfe district shall estimate the amount of money necessary for maintaispng or increasing the supply of books, equipment, and material, or any or all of these, and proceed to levy the nece&anr tax therefor in the m a nn er now provided for by law for levying a special tax not in excess of twenty-five cents on the one hmdred dollars. “Sec. 10. This Act shall not be so construed as to authorize the violation of anv valid existing contract, nor to provide a means for the adoption of text-books. ‘Sec. 11. Every person violating the provisions of this Act shall be guilty of a misdemeanor, and shall be fined not more than twenty dollars ($20) or impris- oned not more than ten (10) days, or both so finCd and imprisoned.'* Chap. lSS, Mar. 22, 1909. (c) Uniformity of Text-Books. 757 Florida: Resolved * * * “That a committee of three from the house and two from the senate be appointed to collect data from all the Southern States upon the subject and for ^the purpose of establishing a printing plant to print text-books and to do state printing, and to secure cooperation of the other States, or to secure the publish- ing of text-books for as many or all of the Southern States as are willing to par- ticipate in such enterprise.” Res. No. 19, p. 692, 1909. 758 Illinois: Relating to the adoption, use, and price of public school text-books in the free public schools. “ Sec. 1. * * * The publisher of any text book who desires to offer the same for sale for use in the public schools of this State shall file two official sample copies of said text book in the office of the Superintendent of Public. * Instruction, together with the list price and the wholesale and retail prices at which the saia text book is to be offered for sale in this State. The said pub- lisher shall also file with the Superintendent of Public Instruction a written agreement to furnish said text book at the wholesale price so filed to the direct- ors of any public school district, or to any board of education, or to any mer- chant. or dealer, and at the retail price sq filed to any patron of the public schools: the said written agreement shall contain the further guayrantee that Ml books offered for sale and sold in this State shall correspond to the official sample copies deposited with the Superintendent of Public Instruction, and shall be equal in quality to said official sample copies as regards text, paper, binding, printing, illustration and all other points affecting the educational and commercial value of said text books. For every text' book deposited with the Superintendent of Public Instruction, the publisher @hall pay to the State treasury a fee of $10.00, to constitute a fund to be used by the Superintendent of Public Instruction to defray the expenses of pointing and distributing lists of accredited text books and information relating thereto, and for other expenses incident to the filing and listing of text books, and the licei&siog of publish®?®, as hereinafter provided; Provided, always , That the Superintendent of Public Instruction shall not in any case license any publisher, and no direct- ore of any school district- or any board of education shall contract with any publisher .or publishers for the furnishing of any public school text book or text books which shall be sold at retail prices to patrons, for use in the public schools of this State, at a price or prices above, or in excess of, the following prices, which shall include all chargee whatsoever: ^ Primer. ........ r . .........fifteen reader^..,,,.. .♦«*.» ... 0 . fifteen - ■ Twdi'eaa^r.:. . ..... . .... .... . s; . ...... twe%-Bye ' • FiftSi^reader. a. or^.« • . . .. .. «... .. ...... .thirty-five (35) cents** . #0inei&^ry arithmetic thirty (80) befits . < •w'mplete arithmetic . * *. . , , ... * ,.. . . . * 4 ... * . . . y . ...fotfy-fiy* (45) Ceuta. Elementary geography * •*> • ? .*,f ■»,« * ^ •v* » thirty-five (85) cents* cento. cents. cento. cents. ■$ C- ''r ' . 8CHOOl/HYSfTElM:t^I0l^^ , BTC. f 190?-®. - .twenty-five (26) cents. Complete Wlish ^psmmmr. ' .forty (40) cents. Elementary jmyriology ......... : thirty (30) cents. Complete physiology ...... .fifty (50) cents. Elementary united States history forty (40) cents. Complete united States history...., .seventy (70) cents Phymcal geography eighty (80) cents. Copy book 1 .five (5) cents. Civics book. fifty (60) cents. “Sec. 2. At the time of the filing by the publisher of the official sample copies, prices, agreements and statements provided for in the preceding sec- tion, the said publisher shall file at the office of the Superintendent of Public Instruction a sworn statement to the effect that he has no understanding, agree- ment or arrangement of any kind whatsoever with any other publisher, or any interest in the business of any other publisher, with the effect, design, or intent to control the prices of school text books, or to restrict competition in the adoption or sale thereof in this State. Before having ‘the authority to sell text books in this State the publishers thereof shall file at the office of the Superin- tendent of Public Instruction a sworn statement showing the ownership of said publishing house', with the interest, names and addresses of all owners or per- sons interested therein* and specifically stating whether said publisher, or the owner of any interest or share or the recipient of any of the profits of such publishing house is the owner of any interest or share in or the recipient of any profits of any other publishing house, and if so, giving the name and address thereof. ' “8eo. 3. When any* school text book has been deposited with the Superin- tendent of Public Instruction, the fee paid, the agreement made, and the other provisions of this Act complied with, said publisher shall file with the Superin- tendent of Public Instruction a bond in the penal sum of five thousand dollara ($5,000), guaranteeing a compliance with the agreement filed with said text book, ana the payment of any damages which may accrue on the violation thereof, and the Superintendent of Public Instruction shall thereupon cause the said text book to be entered upon the list ol public school text books per- mitted to be used ip the public schools of the State, and the Superintendent of Public Instruction shall further issue a license to the said publisher to sell said text book for use in the public schools of this State. If in any case the said S ublisher shall violate in any particular the agreement so filed with the said >xt book, or shall furnish books inferior in quality to the sample deposited with the Superintendent of Public Instruction, or shall demand, charge or accept higher prices than the prices agreed upon, said publisher shall be liable for each such act to a penalty m the sum of $2,000, to be recovered in a suit on said bond brought by the Attorney General in the name of the State. “Seo. 4. If at any time any publisher of school text books shall enter into any pool, understanding, agreement or combination to control the prices, or restrict competition in the adoption or sale of -public Bchool text books in this State, or if the statements required of and made by said publisher are untrue in any matter, or if said publisher, or his agent, or representative Bhall give, or offer to give directly Or indirectly, to any public school officer, or teacher, any 'KSftpney, gift, property, position, Remunerative work, or favor of any kind what- soever to induce the adoption or purchase of the public school text books of said publisher, or to bring about the rejection of the school text books of another publisher, then his license shall be revoked by the Superintendent of Public Instruction, and his school text books omitted from the list of licensed school text books, and all contracts with said publisher m ay be nullified at the option of the otheif parties thereto* “ Sec. 6.. The Superintendent of Public Instruction shall during the month of February each year furnish each county superintendent of schools and each board of school director® and beard .otf education in the State a list of . the pub- Ilshere who have conformed to' the requirements of this ^ct,Mfch a|i J&aod de- scription of the Eghool books which have been* amSmitod, * vffif the list' prices, and the w^Ieealo retail prices it shall be the duty of the board of education or the board of directors to take into consideration the text books then in ubo in the public schools in their respective districts, and in mak- ing contracts for a change of books they shall require publishers or contractors ^ to take up in part exchange the books then in use for at least fifty per cent of the original price paid by the pupil for the books/ * S. B. No. 272, p. 416, June 10, 1909. , 759 Indiana: Amending secs, 1 and 3, chap. 50, Acts,. 1889, creating a board of com- missioners for the purpose of securing for use in the common schools of the State a series of text-books, etc. ' Regulating sale price of books. Chap. 166, Mar, 8, 1909. v j wiavD dvhwi itvuaru, 10 ior juae Denent or to© prone, ana comers bo ngnt upon publishers of dfsa&ded books who ha^e no cental to furnish the' books to patrons of the school or schOoh board to Interfere to compel the board's com- t5?e Allyn & ©aeon v. Lousevslle School Bottd, 115 ♦ W »p 206. * ;/*• - mm ' ■ *' 1 '.•.'' S ' L.EQXBLATION, ETC., 1H08-®. ' rv" 1 * A ‘ • r 1 ^ ' - 761 Mluoiurlt Amending p. 437, Laws, 1907, creating a county text-book commission, providing lor county uniformity and city adoption, licensing school text-book publishers, regulating prices of school text-books, prohibiting changes of text- books oftener than once in* five yearn, providing {for the sale, of books to pupils at cost, prohibiting combinations <£f publishers of school text-books and pstn viding penalties. Dealers and merchants selling text-books at more than 15 per cent advance over the net contract price guilty of misdemeanor; penalty, fine of not less than $25 nor more than $100. ' P. 850, Apr. 29, 1909. 762 * Utah: Amending secs. 1854, 1855, and 1861, Compiled Laws, 1907, creating a state text-book commission and providing for the manner of selecting text-books. State text-book commission to consist of state superintendent of public in- stniction, president of the university president of the agricultural college principal of state normal school, and five resident citizens, appointed by the governor, three of whom shall be county superintendents of schools. Chap. 54, Mar. 11, 1909. 763 ■ * West Virginia: Creating a state school book commission and procuring for use in the public schools of the State a uniform series of text-books; defining duties ' powere of said commission; making appropriation, and providing penalties. “Sec. 1. There is hereby created a state school book commission, which shall consist of the state superintendent of free schools, who shall be ex officio secre- tary, and eight citizens of the state, at least five of whom shall be experienced educators of known character and ability, and who are at the time of their ap- poxntment engaged in actual educational work, not more than five of whom shall belong to the same political party, who shall be appointed by the governor on or before the firat day of April, one thousand nine hundred and twelve and every fifth year thereafter; said appointees shall take office thirty days after their appointments and serve for five years, unless removed by the governor for good and sufficient cause. Vacancies on said commission shall be filled by the governor by appointment. Said appointees shall receive five dollars per day for each and every day actually engaged in the Work of the commission, not exceeding ten aays m any one year, and their actual necessary expenses in connection therewith. Before assuming the duties of office they shall each take an oath or affirmation before Home one Qualified by law to administer the same, to faithfully and honestly perform their duties as hereinafter prescribed to the best of their ability, and that they are in no way interested in the prepa- ration, manufacture or sale of any text-books that may be submitted to said commission for consideration. Such oath or affirmation shall be filed in the office of the state superintendent of free schools. * ‘Sec. 2, It shall be the duty of the state superintendent^ free .schools during the month of Apm, one thousand nine hundred and eleven, to contract for the period of one yea! from July first following, with the publishers thereof, for such text-books as are now m use, and for which county contracts will expire June tmmeth, one thousand Mine hundred and eleven: said contracts to be made Upon the same terms and condition as are contained in' 4 the existing county contracts. j 8 . 7 ‘‘Sec. 3. The members of the state school book commission shall meet at the office of the state superintendent of free schools on the firat Tuesday in May one thousand nine hundred and twelve, and each fifth year thereafter, a£ which time they shall mk various publishers of text-books in the United States to submit samples and prices of text-books on all subjects required to be taught P. the free spools pf the state, viz: spelling.'' reading, writing, arithmetic. ’> ele- . **£{? aec«f»My and beet to mm the elucatioiud interests of the state. ^ Tb® said commiariofl stall seitast on® of its members as chaimaa.and ft sM be Ms duty to {feeide at all mtjeftags, All bids onpro- posalB shall be treder seal, and eobpiitted to the chairman of said conumSa- . sion to ha opened , by -uu t-t— .. — . — — | emrojBs. v ..%$$ wadosi to be held at the place aforesaid, on the firet Tuesday in June following. Each bid or proposal shall be accompanied by a sufficient number of speci- men copies <* all books offered for adoption, to supply each member of said commission. When said bids and sample copies are submitted to the chairman ; of said commission, each bidder shall deposit with the state treasurer such sum of money as said commission shall designate; such deposit to be not less than one thousand dollars -nor more than three thousand dollars, according to the number of books each bidder may propose to supply. Such deposit of any bid- der shall be forefeited to the school fund of the state, if such Didder shall fail or refuse to make and execute such contract arid bond as are hereinafter required , in case of the acceptance of Buch bid on any or all of the books so offered. No bid or proposal is to be considered by said commission until such deposit is made, and until the commission is informed in writing of the name and address of an agent residing in this state upon whom process may be served in any action brought against such bidder. “Sf . 4* Upon the opening of Baid bids on the firat Tuesday in June the said comi mission, having adopted ruleB governing its order of procedure, shall imme- diately proceed to the consideration of the meri.ta of the books offered, taking into consideration their subject matter, printing, binding, and their general •' suitableness for the purpose intended, as well as the price of said books. Said commission shall select and adopt one book, or one series of books, and only one. on each subject mentioned in section three of this act, for uniform and exclusive use in the free schools of this state, except as hereinafter provided, ! taking only those which in their best judgment will come the nearest accom- plishing the ends desired; provided, that no book inferior in quality, or of a partisan or sectarian nature shall be adopted, nor shall any book be adopted 1 by less than five affirmative 'votes; nor shall any book or books be changed at the expiration of any five-year contract made by said commission upon fewer than six affirmative votes. When selections and adoptions of books have been properly made, i$, shall be the duty of the chairman of the state school book commission to execute contracts therefor with the publisher thereof for a period of five years, beginning July firet, following. Such contracts shall be prepared by the attorney general in accordance with the terms and provisions of this act, and shall be executed in duplicate, one copy held by the contractors and one by the secretary of said commission. It shall be the duty of said secretary to keep a full hnd complete record of the proceedings of the said com- mission, said record to be kept in his office and be open to the inspection of any citizen of the state. Should any successful bidder fail to contract, or, if forany cause anv book or books adopted cannot be Secured, the commission shall proceed at once to the selection an$ adoption of other books in lieu thereof. Sec. 5. At the time of the execution of the contract aforesaid the contractors shall enter into a bond in the sum of not less than ten thousand dollare, payable^ f to the state of West Virginia, conditioned on the faithful and honest perform- ance of their contract; any guaranty company authorized to do business in the state of West Virginia may become surety on said bond, and it shall be the duty of the attorney* general to prepare and the board of public works to approve said bond. After all the contracts have been executed as herein provided, it shall be the duty of the said commission to notify the state treasurer to return all bidders such cash deposits heretofore required as have not been forfeited in accordance with the provisions of this act, receiving therefor receipt iu dupli- cate, one copy of which shall be filed with the state superintendent of free schools. Any deposit forfeited in accordance with the provisions ofithis act shall be placed to the credit of the school fund. . ' “Sec. G. It shall be the duty of the state school book commission at the last meeting aforesaid to fix the prices at which the various books adopted shall be sold to patrons, the excess of which above contract price representing the profit to the retailer; but in no case shall such profit exceed twenty per cent of the contract price. The state superintendent of free schools shall notify each county superintendent of the list of book^ adopted and the prices at Which they are to be sold, and any person selling stfch books at a higher price than that fixed by the state school book commission shrill he gttiHy of a misdemeanor, and upon con- viction thereof, shall-be jBned not less than ten dollars nor more than fifty dollars. The hooks furnished during the contract period shall he equal in all respects to the sample copies furnished the said conohissiou: and it whn.lt be the duty of the state superintendent of free schools to carefully preserve in his office as the standard of Quality, sample copies of all hooks contracted lor. &AT&BC&6&& StWfiMS : tEGISLAtlOK, 1TO., 1908-0. eowfity, a diffident quantity of books to Bupply the demand. He shall also arrange for the exchange of DooSb at such places, allowing pupils or boards of education not less than fifty per cent of the retail price of new books for the old books of like kind and grade displaced. The exchange privilege shall extend through one entire school year, and the dealer making the exchange shall be allowed by the contractors ten per cent of the cash proceeds of same. Any teacher permitting in his school the use of any unauthorized book shall be deprived of his salary during the period of such violation of this act. Nothing in this act is to be construed as preventing the Use of supplementary reader? provided, they do not displace the adopted readers, nor the use of more advanced books in such schools as may be ready for the same. Boards of education in cities and independent districts containing thirty-five hupdred population or more, may reserve the right to select their own text-books: but should they elect to use any of the books adopted by the state school book commission they shall purchase them upon the same terms as hereinbefore provided, and shall not change them out during the period such books are under contract. “Sec. 8. Should any contractor furnish the same books contracted for in this state, at lower prices to any other state, city or county in the United States than contract prices in this state, like conditions prevailing, the same reduction shall immediately be made in this state, and the Btate school book commission is directed to require compliance with this provision on penalty of cancellation ef contract with such contractor. i “Sec, 9, It shall be the duty of any contractor to prepare printed lists, showing the exact titles of his bookB, the prices at whicn same are to be sold by the dealers, and the prices of same when corresponding old books are given in exchange, and send to each county superintendent a sufficient number to * supply every teacher in the county. It shall be the duty of each county superintendent to see that the teachers of his county display such printed list for the inspection of the pupils. “Sec. 10. Complaint in writing to any board of education of any district, by any citizen, or by any contractor to the effect that a teacher of such district m Permitting the use of unauthorized books in his school, shall be deemed sufficient cause for investigation by said board of education, and if such com- plaint is found to be true, the board shall inflict the penalty provided in section seven of this act. Members of boards of education who fail or refuse te perform the duties required of them in this section shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, shall be fined not less than twenty-five dollars, nor more than fifty dollars. “Sec. 11. It shall be a part of the terms and conditions of any contract made in pursuance of this act that the state of West Virginia shall not be liable, m any manner, in any sum whatsoever; but all said contractors shall receive their pay solely from the several dealers in each of the counties of the state provided in section seven of this act. Such contract shall also provide that any pupil, parent or teacher may order books direct from the contractors and receive them prepaid at the prices fixed by a the Btate school book commission for their sale by dealers in the several counties. Provided, however that the pay for same shall accompany the order. * ‘Sec. 12. The sum of one thousand dollars, or so much thereof as may be necessary, for the year one thousand nine hundred and twelve, and each fifth year thereafter is hereby appropriated for the purpose of defraying the expense of the state school book commission, as hereinbefore provided. The bins for such expenses shall be approved by said commission and presented in the usual way for payment out qf the Btate treasury. * ‘Sec. 18. Any member of the state book commission who shall receive, solicit or accept any gift, present or thing of value to influence him in his vote for the adoption of books, or any person who shall either directly or indirectly or offer to give any such gift, present* or thing of value to any member of said state school book commission to influence him in voting for the adoption of hooks shpl be guilty of a felohy , an£t upon conviction thereof shall be punished by conineiment m the penitentiary of tfe state not lee® than one year jftos* more ' than thref years, ' ■ t • * acts at pafte of acts Consistent with this act are hereby pealed j but nothing' in this- act coTiitsdned' shaM be construed ■as repealing actions thirty-five aM thirty-six of- chapter twenty -seven of the acts of the legislature of West Virginia of the extra session of one thousand nine hundred andeight.?* , r v , mmi. i. ^ \''v — T 5- > » i f StTBJECT-lfATTEE OF IN«TEtTCTIOFr. tfl " ' V L. SUBJECT-MATTER OF INSTRUCTION. While the general control 6f the subject-matter of instruction - . in public schools falls' within the legitimate sphere of legislative ‘ action, experience in numberless ways has demonstrated the doubt- ful wisdom of detailed definition. A general recognition of this results in but stray and odd bits of legislation concerned* with the j regulation Qf courses of study. Consequently, this section contains items* covering a wide range. The resolution of the Nebraska legis- lature (767), probably in this particular instance merely formal, | is fundamentally expressive of deep and widespread popular feeling of the' responsibility, of state higher education for the conserva- tion and elevation of the political ideal. The North Dakota (768) provision concerning physical education will be considered in con- nection with the measures dealing with medical inspection and physi- cal examination. ' Alabama (769) strove to reach a commendable end; however, through means of doubtful educational value. Michigan (772), Montana (773), North Dakota (774), and Porto Rico (775) took* a definite stand as to the utilization of the common school for the pro- | tection and conservation of human life. The Illinois (777) humane . . and moral education act will probably exert little positive influence in the direction intended. The three measures relating to the teaching of agriculture falling , j within subgroup (i) — Technical, Manual and Industrial Education—' will be rated of importance along with those classified under the Elementary and -Industrial and Technical Education (see enact- ments No. 866 to 893). j The Minnesota laA' (783) is entitled to special mention. | ♦ February 12 received a general recognition for special observance within the public schools as a fitting mark to the centenary of the i birth of Lincoln. (a) General. 764 California: Amending sec. 1662, Political Code, 1906, relative to courses of study and conditions of ^dinission to elementary schools. « * Courses of study of day elementary schools to embrace eight years of instruc- ? tion. Including in average daily attendance of day elementary schools, at* tendance of deaf children above 6 years of age. . , , , v Courses of study of evening elementary schools to embrace eight years of in? ! - . stniction. Defining age of admission to evening elementary schools. " ■ . Chap. 693, Apr. 14,1909. % 766 West Virginia: Amending sect 216, chap. 27, Acts, 1908 (sp. sews.), relative to the course of study in the Bluefield colored institute. . ' , *■- : ■ * Chap. 91, Feb. 23, I960. * ' '■> ’ ft 'LvV:' J ' > ' ‘ fr ‘. ‘ ^ . A. ’Vi ;v.-, W-. *>71^' . W v, ‘ ' r '" 1 ' ' r>n»vi n y u i.?)> ".'. w?'," "«,w nr ?r J «p < w •■■■ ii»h m i ■■ RATE SCHOOL 8T8TEM8 j LEGISLATION, BTC., 1006-0. \ (b) History, Civics, tod Patriotism. 706 Malm: Amending chap. 88, Laws, }907, encouraging the compiling and teaching of local history and local geography in the public schools. Chap. 138, Mar. 24, 1900. 707 # Nebraska: Requesting the regents dt the university to establish a school of citiienship. ' “Whereas the study of those subjects which tend to develop an appreciation of the duties and 'responsibilities, of citizenship is of great importance to the people of this commonwealth, therefore, , Re U Resolved 6y the Legislature . ef the State of Nebraska; “Sbc. 1, That the Legislature of the State of Nebraska hereby expresses its approval of the action of the Regents of the University of Nebraska during the past few years in liberally supporting the department of Political Science and allied departments, and further requests that the said Board of Regents still further emphasize the work of these departments by the establishment of & School of Citizenship whenever the Board of Regents deem the same advisable.'* Jt. Res., Chap. 200, Apr. 2, 1909. (c) Physical Education. 768 * North Dakota! Amending sec. 889, Revised Codes, 1905, relating to physical oducation. Prescribing employment, of special supervisors in school districts having a population of over 500. Providing for instruction in physical education in summer schools and normal schools. Chap. 102, Mar. 12, 1909. * .'(d) Physiology; Hygiene; Alcohol; Narcotics. 769 -"Alabama: Relative to educating the children of M^rte on the evils of intern? perance. Providing for the preparation, publication, and distribution to the public schools of the 8tate of placards by the state superintendent of education, "pla- cards printed in large type upon which shall be set forth in attractive style sta- tistics, epigrams and mottoes showing the evils of intemperance especially from use of intoxicating liquore." Establishing "Temperance Day*’ in the pub- lic schools. Act 40, p. 27, Aug. 19, 1909 (sp. sess.J. 770 Connecticut: Appointing a board of directors to establish county homes for the ' care and treatment of persons suffering from tuberculosis. Board to provide instruction, in public schools and to provide literature for general distribution. (Sec. 13.) Chap. 129, June 29, 1909. . 771 Idaho: Providing for the teaching of physiology and hygiene,, including special . .. referenoe to the nature of alcoholic drinks', stimulants, and narcotics and their. . effecta upon the human system, in the common schools of this Stated in educa- tional institutions recdvihg aid from, or support by the State, in teachers* inistitutaie, teachers’ tnffiaing dm ind in state reformatories ; providing pen- * ialty for violations.* ; 8. B. No. 83, p. 316, Mar. 11, 1909. BUBJfGOT-MATTKE OF INSTRUCTION. 173 i tT 772 BDehlgan: Amending sec. 4796, Compiled Laws, 1897, relative to teaching in the public schools the modes by which, the dangerous communicable diseases are spread and the best methods for the restriction and prevention of such diseases.. Sec. I. 1 ‘There shall bo taught in every year in evej^ public school in Mich- igan the principal modes by which each of the dangerous communicable diseases are spread and the best methods for the restriction and prevention of each such disease. Such instruction shall be given by the aid of text-bodks on physiology, supplemented by oral and blackboard instruction. From and after July first, nineteen hundred ten, no text-book on physiology shall bo adopted for use in the public schools of this State, unless it shall givo at least onio-eighth of its space to the causes and prevention of dangerous communicable diseases. Text- books used in giving the foregoing instruction shall, before being adopted for use in tho public schools, have that portion given to tho instruction m com- municable diseases approved by the State Board of Health to, the State Board of Education." Act 141, May 26, 1909. 773 * Montana: Providing for teaching in the public schools the modes by which the dangerous communicable diseases are spread and tho methods for the restriction n and prevention of such diseases. “Section 1. That there shall be taughtin every year in every public school in Montana tho principalmodes by which each of the dangerous communicable diseases are spread, and the methods for tho restriction and prevention of each such diseoso as small pox, diphtheria, scarlet fever, measles, tuberculosis, chicken pox and such other dieases as may be named, and attention called to same by the Board of Health of this state. “Sec. 2. That said Board shall annually send to public school superintendents and teachers throughout thb state printed data and statements which will enable them to comply with this act. “Sec. 3. That* school boards are hereby required to direct superintendents and teachers to give oral and black board instruction using the data and state- ments supplied by the State [Board) of Health. . “Sec. 4. That neglect or refusal on the part of any superintendent or teachor . to comply with the provisions of this Act shall be considered a sufficient cause for dismissal from the school by the school board. “Sec. 5. That the member of any school board who shall wilfully neglect or refuse to comply wfith any provision of this Act shall bo deemed guilty of a mis- demeanor ana shall be subject to punishment by fine not exceeding One Hun- dred Dollars. “Sec. 6. That this Act Bhall apply to all public schools in this state including schools in cities or villages whether incorporated under special charter or under tho general law." . Chap. 27, Feb. 25, 1909. 774 North Dakota: Amending sec. 883, Revised Codes, 1905, relative to branches to be.taught in common schools. Adding "simple lessons on the nature, treatment, and prevention of tubercu- losis." * * , Sec. 4, chap. 204, Mar. 15, 1909, 775 # Porto Elcoi Amending act, p. 72, Laws, 1909, relating to the continuation of the work of suppression of tropical anemia in Porto Rico. . y ' Providing for the preparation and distribution of bulletins in public schools, relating to tropical anemia and tuberculosis. ^ ' *#***■■■ P. j]B, Mir, 11, 1909, ; (e) Moral and Ethical Education; * 776 California: Amending sec. 1665, Political Code, 1906, as amended by chap, 52, > Statutes, 1907, relative to 'the course of study in the public schools. .Adding physical culture and morals and. manners to the list of required s subjects. . , • »" «• j ■ > ; ■■■% Chap. 269, Maiyl8, 1$09, £ 174 WAi* school Ststucb: uwiri. non, wc.‘, lsos-s. .(f) Humans Treatment of Animaiy, 777 • HUlH)lst Providing for moral and humane education in the public schools and prohibiting certain practices inimical thereto. - I dtS^hip pUrpOBe °* 1 “ 86mn « *»i*ing jhe standard of good >*>» Hi fc In T7 J? ub,i 5 ^h 0 ? 1 within U»f« State not len than one-half !Z,iUiWi- j ho 0 of ?? h t ? m of acho ° 1 ' 8h * n 1)0 d«voted to toachimt the pupil* thereof Itindnen and justice to and humane treatment and protection of birds and animals, and the important part they fulfill in the ZSSSmZ hi7 J. t8h * ,, r be 0ption * 1 7'H 1 <~ h whether UshSl be half-hour or a few minutes daily, or whether such teaching shall ■ zss&issziai?** »— > . •»!?■?■ SsmaKssssarifs ¥ provided by, nor kiljed in the presence of any pupil of a public school U8ed »/ or suchscnool, and in no^shallVc^ or killed for such purposes. Dissection of dead animals, or any parts thereof, shall be confined to the class room and shall hot be practiced in thepresence of any puml not encaged in the study to be illustrated thereby. P 8bc. 4 Tho Superintendent of Public Instruction of this State and the nt^- k? !“ T ha T of * Pf 0 ^ 1 ^ thernmm for each annual meeting of tho Illinois Stale Teachers Association shall inchido therein moral and humane education. The superintendent of schools of each county and of each city shall include once each year moral and humane education in the program of the teachers institute which is held under his or her supervision Jr LP™ 0 ^! 1 or ******* each public school shill state Briefly in each of hisor her monthly reporta whether the provisions of Ibis act have been complied with in the school under his .or her control. No teacher who know- ingly violates any provision of sections 1 , 2 or 3 of this Act shall bo entitled to J 10 ™ than 95 percent of the public school moneys that would otherwise " te:i u ?J or K e i7' ,cw l fo ' rooelk m which such provision shall bo violated. • ah *^ • app y ^hools only and shall not be construed as Trequini religious or sectarian teaching." ‘ ^ . IM 1 - No. 21, p. 415, June 14, 1909. 778 Nfew Hampshire: Amending sec. 6, chap. 92, Public Statute*, as amended by chap. 40, Laws, 1895, and chap. 31, Laws, 1903, relative to instruction in the public schools. Prescribing instruction as to humane treatment of animals. Chap. 49, Mar. 10, 1909. (g) Music. 779 Indiana: Requiring the sink laiard of education to provide for the Hinging of the “Star-Spangled Banner’’ in the nchooie. ' . Chap. 149, Mari n, 1909.. "South Daltotex Requiring instruction of vocal music in the state norhftls and public schools. - ■ % Chap; 10,' Feb, 1909. • V ' ~ •" . -i (h) Drawing. > ‘ 1 . v - t 8UBJ ECT-MATTES OF INSTRUCTION. 175 ;; >> (i) Technical, M anua l , and Industrial Education. 781 Arkansas: Requiring the teaching of elementary agriculture and horticulture in the public echools. ' . ‘Act 315, May SI, 1909. (Mar. 31, 1910.) 782 Florida: Providing for and requiring the teaching of the elementary principle* of agriculture and the elements of civil government in all the common schools of the State; providing a penalty in caao any county board of education fails to provide for the teaching of the same, and requiring all teachers to stand a satisfactory examination upon said subjects. Chap. 5938 (No. 69), June 7, 1909. 783 * Minnesota: Providing for the establishment and maintenance of departments v pf agriculture, manual training, and domestic economy in state high, graded, and consolidated schools, and authorising rural schools to become associated with such state graded or high schools; making appropriation. “Section 1. Any state high school, graded or consolidated rural school hav- ing satisfactory rooms and equipment and having shown itself fitted by location and otherwise to do agricultural work, may, upon application to the state high school board, be designated to maintain an agricultural department. . “Sec. 2. Each of such schools shall employ trained instructors in agriculture, manual training and domestic science (including cooking and sewing)iuid have connected therewith a tract of land suitable for a school garden and purposes * * of experiment and demonstration and containing not lees than jive acres, and located within two miles of said buildings or within the school district. “Sec. 3. Instruction in tho industrial department herein provided shall be free to all residents of this state. Where necessary to accommodate a reasonable . number of boys and girls able to ^attend only in the winter months, special classes shall be formed for them>/ Said department shall offer instruction in eoifcycrops. fertilisers, 4 drainage l farm*machinery, form buildings, breeds of live hUk% stock judging, animal diseases, and remedies, production, testing and hauling of milk and cream, the /manufacture of butter and cheese, the growth M fruit, berries, management or orchards, market garden and vegetable crops, /and insects injurious to the various plants, diseases of plants, animal nutrition. 4 including the use of forage crpps, cereal grains, fine seeds, bookkeeping, and / * farm accounts, an^all other matters pertaining to general practice. “Sec. 4. Each of said schools shall receive state md equal to two-thirds (2-3) of the amount actually expended upon such departments and vouched for, but in no case to exceed two thousand five hundred dollars ($2,500) jht year. Not more than ten schools ^iall fan aided the first year nor moro than ten added to the list every two years' thereafter. The spec ial aid provided under this act shall be in lieu of all other aid for industrial training granted by the state to the sc hools operating hereunder. “Sec. 5. For carrying out the provisions of this act there is hereby appro- priated out of the general revenues of the state: . “For the year ending June 30, 1910, the sum of $25,000. “For the year ending/June 30, 1911, the sum of $25,000. Provided that no more than one school in any county Bhall be added to tho list of, state schools receiving aid under this act in any two yeare. . ■ • “Sec. 6. For the purpose of extending the teaching of agriculture, h$m economics and manual/training to pupils in jural schools, and for the purpose of extending tho influence and supervision of state high or graded ached* over rural schools, one or«nore rural schools may become associated with any state high or graded school /maintaining a| department of agriculture: whether or not . . such high or graded a *>1 has been designated by. the state high school board to receive aia under the provisions of this act. . *Any such state high or graded * * “ U ~ M lw ‘ " y * — ee of this act be known as a m if. school. . proceedings shall be had by petition and election oh video by law for the consolida- . school ahall for the pi e of this act be known as a > antral school. “Sec. 7. To effect this, proc the part of the rural ac ol or s r , . tion of school districts, and ballots to vote upon this question shall read: • ■ ,( Ta nia» ■ . . . . 2t I j _ 'To associate wit training : — Ye jon^ y ote upon : i Diet. No. - No- culture and manual The district or districts casting a na- kMwiialiAn V* « m a * ftM**A^4** iL t . approval of such association by. a majority of the school scho^ become so associated and Uri rural ec d or schools $ - . H *' T 8TATB,8CH00L |T8TBM(J# ■ , f ! ‘®TQ»» 1908-0* ! “.~ ' together with the eeni :hool, «h«dl Shew t« be known u the « °?k “TT — ^ or A* teaching of agriculture and m»mi|| training* Sac. 8. The membera of the varioua school boards of the aasodatiSd schools shall meet on thethird Monday in. June of each year at the central school build- h ing toact as a board of review and'to examine into the amount of monev e*. pended in each department of work herein provided for and to determine th« - - Jl1 '' ;; wluc, ‘ * haUbe levied on the associated rural school districts d * 0 K lc4fl o*°1 3 1 ? P ur P oee i ot maintaining courses of instruction as provided in B0C ^? 1 Lf S? act, and for the purpose of extending such instruction to the FftY the associated rural schools. Provided, however, that the tax shall dilrfJw 1 ? 8 *? 1 * 11 ° D ® 5 111 no 5 mo ^ e than four mills jn the various rural school *5? d BU chtax shall be in addition to other general and ^hool toes 1 such run districts, The amount of such tax shall be certified by the c h a ir man of the meeting to the county auditor to be bv him levied against property in the respective districts and when collected Ivy the ~ unt y ** Pmd' to the treasurer of the central school Seife^^e^ * reVleW ' Ml “* detaUed of all money . , Bchool board of each rural school district associated with a cen- tral school under, toe provisions of this act shall designate one of its members by vote to act with the school board of the central school in carrying out the provisions of this act- as to. the teaching of agriculture, domestic economy and ¥* d a11 ma . tterB pertaining to such infrac- tion. both m thO'Central school and in the associate rural schools, such member ii^have equal* power with the member of the school board of the central * rind P£ nr euperintendent of the central school shall have w aU i h ?i nty «*pertnsion over the rural schools as over ® haU * Propare for the associated rural schools a suitable study embodying training and instruction in agriculture and such schools* ** ******* to life- and can be successfully taught in rural J'*®? 0, relationship and obligations between the* associated rural fli^ool or schools and the central school may be terminated at any annual school / meeting by a majority vote of the associate^ districts, but not until the central 12 iatleastoneyear’fl notice of the intention to vote on the question!” ‘ Chap; 247, Apr. 19, 1909. (J) Days of Special Observances. ' (See School Holidays (Enactments Noa. 033 to M7) t .] 784 Art mi Making the one-hundredth anniversary, of Abraham Lincoln’sbirtK- . day a holiday. - . ■ ' . i' * Chap.'l, Jan. 22,1909. , 786 Ggltforalftt Establishing Bird and Arbor Day. ; j ' otefeSft: SSWiSSte Burbank ’ ****** M BW “ d Arbor *** Chap* 82, Mar, 3, 1909. 786 CaHfbrnlai Declaring February 12, the birthday ^” “ * S. f. 1. by aj^p^teeitercW ^ Georgia under Ogie- ■HV ™ * 788 Maine: Setting apart Lincoln Day, February 12, 1909, a* a holiday (See also Chap. 3, Feb. 2, 1209.) f . Chap. 7, Feb. 11, 1909. 789 Maine: Amending 'eec. 88, chap. 15, Revised Statutes, 1903, m amended by sec. 14, chap. 48, Laws, 1905, as amended by chap. 48, Laws, 1907, relative, to holidays. ■ ■ . ***** Birthday, in the • ' - Chap. 190, Apr. 1, 1909. 790 Montana: Amending secs. 1025, 1028, and 1029, Revised Code, 1907, relative to . the designation of “ Pioneer Day, " filing of essays, and course if exercises. Chap. 35, Feb. 26, 1909. 791 New Mexico: Declaring Lincoln centenary to be njegal holiday. J t. Resjpo. fi, p. 426,' Feb. 2, 19091 792 North Dakota: Amending sec. 882, Revised Codes, 1906', relating to the school year and holidays. , * # however, That on February the twelfth. Lincoln's ^ay, February the twenty-second, Washington’s birthday, and Mav >• toe thi^eth, memonal day, all schools in session shall assemble ^fora^poition of jbeday and devote the nme to patriotic exercises consistent with that day, SiTbTS £2183.?^^ 8 ^* 1 ' ” *-*»• ■*“ ’ , . i. Sec. 3, chap. 204, Mar." 16, 1909. 793 West Virginia: Amending and reenacting sec. 504, chap. 15, Code, 1906 relating to legal holidays. p^diSS ^ . ' Chap. 77, Feb. 3, 1909. 794 Wisconsin: Making February 12, 1909, the centennial of the birth of Abraham Lincoln/- a holiday. * Chap. 3, Feb. 9, 1909. (k) Other Special Subjects. :v ■ -A ■ •••’» ' ■% ■ :■$ i ' M. SPECIAL TYPES OF -SCHOOL. PubHc school extension is a distinctive mark of contemporary educational progr^s. The breaking away from the confines of the traditional limited activities is indicated by the miflcellaneousgroup pf legislative . enrttments classified under this heading. The authoriza- tion of h< jetabl hment ofcosmopolitan schools in 8an Francisco of kindergartens in North Dakota <767), of higfct schools % ■ ^ Indiaija (803) : * .iSitehsio^ id Mraesot iii).' if fr . * (813), and Ohio (814), art ;haracteristic of the heN elements of the demociatic conunon schools. ' ' ' " . 'ns J state, ^ and th* I the public school 7W CaUfornlas Adding section 1666a, Political Code, providing for the establish- ment and maintenance in cities of the first class of one or more public schools called cosmopolitan schools, in which shall be taught the French, Italian, and German languages in connection with the English branches. ** 1665a. The board of education in every city of the first class shall establish ami maintain in each ofsaid cities of the nnt class at least one public school in whjch shall be taught the French, Italian and German languages in conjunc- tion with the studies in the English language prescribed to be taught by section 1665 of. the Political Code of the State of California. Such schools shall be designated as cosmopolitan schools, and shall be subject to such rules and regula- tions as may be prescribed by said boards of education, of said cities of the first claaq wherein said school or schools shall be established and maintained.” / , Chap. 268, Mar. 18, 1909. 796 New YojjJi* Amending se<^160, chap. 10, Laws, 1909, relative to school savings funds. f \ $ Chap. 497, May 26, 1909. (b) Kindergartens* ■ 797 North Dakotas Empowering the school board of any. district to establish and maintain free kindergartens for the instruction of children between 4 and 6 years of age. ' Chap. 103, Mar. 11, 1909. * # ; ‘ (c) Evening Schools. 798 California: See enactment No, 607. 799 Connecticut s Amending secs. 2145, General. Statutes, 1902, as amended by . chap.- 135, Public Acts, 1903, relative to evening high schools. »■ Petitions of 20 persons for evening instruction may be for instruction in^any study (formerly any one study). . * Chap. 5, Apr, 14, 1909, 800 Missouri: Allowing boards bf education in city, town, and village districts to provide for night schools in such districts..- • * rtA1 * P. 849, June 10, 1909. 801 Wisconsin: See enactment No, 44 , (d) Vacation Schools and Play Grounds* P? ’ 802 Enabling park commiasionemto issue bonds to raise, funds for tho acqui- • .. sitioh and improvement of additional small parks and pleasure grounds, and to g|| , ,. v provide s tax for the payment of the same. > ' V ^ *v ' > ’ . ' * % B, No. 593, p. 291, June 10, 1909; 03*Indlana: ^ l^vidiiig:'lor>the Mtablishment, nudatenance, and equipment of v publje ! playgrounds in cities of ;4be firsts second, third, aad fotirth class, and •I 1 *- *.'*'' ; 8RE0I&# TTOE8 OB' SCHOOL " ’ •' *;' j821 Colorado: Amending chap. 100, Lawn, 1899; chap. 219, Law, 1907. Repealing ■ecs. 3 and 4,’ chap. 219, J*wb, 1907, providing for the crertibn of high school districts, and for the establishment and support of high schools therein. (See h, 8M } fofowing.) Dividing the counties of the State into five classes; providing for the oigani- zation and government of high school districts. ** ' ' Chap. 170, Apr. 3, 1909. D. 822 Colorado (1909) : The provisions of the lawB of 1909 in regard to the selection of a high school commi^terior a county high school district being practically the same as Laws, 1899, p. 226, chap. 100, and the same as the territorial law, and the power of the legislature in such respect never haVing been questioned, and many schools having beep erected on the assumption of validity, and bonds having been issued under the law of 1909, the court shall be slow to declare the’ the law of 1909 as concerns the selection of the committee violative of Const., art. 9, sec. 15.— Kyle i>, Abemethy, 102 P., 746. 828 * Idaho: Providing for the creation of rural high school districts, and for the establishment, control, and maintenance of rural high schools therein. “Section 1. That when the heads of five or more families in each of two or more regularly organized school districts in this State, not having within their limits an incorporated city, shall petition the Board of County Commissioners - of their county to unite them into a rural High Sehtad District, for the purpose of maintaining a high school therein, the said Boari of County Commissioners shall ^submit the question to a vote of the qualified Weepers of the districts so - jwtitioning at a special election called for that purpo^ within sixty days from the date of the receipt of such petition. “Sec. 2. The election provided for by Section 1 of this Act shall be held at the most centrally located school house in the several districts petitioning, respects as provided by 1 &!*'• flf-'- ' & ' ' W ' 1 ■v for the erection of school trustees, and th# ballots shall have printed thereon Fpr Rural High k Schopl— Yes and For 'Rural High School—No. “Sec. 3. If more*votes are cast in favor of such rurifl high school district than against it the Jloards of School Trustees of the districts included in such rural high school district, if there are but two^and if there are more than two districts so included, then the chairman of each Board of Trustees, shall within ten days after such election meet and organize as the Board of Trustees of such rural high school district, by electing one of their number president and electing a clerk or secretary, who may or may not be one of their number. Such Board, when so organized, Bhall it their first meeting certify to the clerk of the Board of County-Commissionera the results of the election so held, and the clerk of the Boar^ of County Commissioners shall designate the said district as Rural High School District No. — of County. Idaho, and so fcertifylt to the clerk . or secretary of the said rural high school district, and also to the Board of County Commissioners at their next meeting. The Bojrds of Trustees of tlie two dis- tricts, if but two t oj&he chairmen of the several Boards of Trustees, if more than two. so uniti ng to form such rural high School district; shall constitute the Board ” of Trustees of such nlral high school district, and they shall meet and organize* , each year as heretofore provided, within ten days after each annual schoorelec- tion. No further qualifications shall be necessary. . J'Szcl 4. 'phe otMr regular meetings of tie Board of Trustees shall be held on *»“?ended by chapter 333 of the Laws oi 1907 and bV chapter 60 of 4he Laws of 1908. sbhll be in fulijdrce and effect bom and after the pubucatic of this fct in all such counties without again submitting tlje question to a vote of the electors; provided, however, this act shall not a .lvto ratmtiw where uie proposition was resubmitted under chapter 69 of v the Session Iaws of 1008 ancOn ied.” » • . Sue.?. * * * 7 . •• • Chap. 210, Feb. 19, 1909! . 820 Kmuw: Repealing and amending secs. 6436 and .6437, General Statutes, 1901, relative to county high schools. • ‘ , , Chap. 211, Mar. 12, 1909. D ‘ 24 > 190* .-(Acts, 1908, - p. 133. chap. 66; *V* Bec * governing and regulation of tne common achoowof toe State, and providing that within two yean after its passage there mould be established by toe county board of education of each county one or morecounty high Khmils, provided there was not already existing in the county a .“W? "Chool, which in that event might be considered as meeting the purposes ItliMriffal W Pa a . uiA .ft ^ r?5 ?? unconstitutional for failure to require a separate high school ablished for whites, fcr whites and btacks, and that, if a high sehoolwaa. estab™.^. there would be a discrimination against the blacks, since, the act did not ran- J be a discrimination against the bla _ template any such discrimination, but required an efficietft system of eeparate both races. — Ppowbo v . Board of Ed ,,r " o *’ rkn ^ cknation schools for 120.8. W., 307 Education for Christian County, 881 Mhimet Amending ingb minor manner sec: 65, chap. 1,5, Revjsed Statutes, 1903; relating to free high schools. . Chap. 28, Feb. 26, 1909. 832 Maine: Extending the privileges of secondary instruction to youths resident in unoigu4feed townships. 1 y Chap. 62, 'Mar. 11, 1909. 833 *Mafnes providing for the improvement of free high schools. Providing.for three classes of high schools. State aid equal to twq-thirds of *?* am ? un l for instruction m each school; maximum aid, | 50 Qi- .Pro- SSlent of 6 K D b hlgh 9C ^ oo]a under the direction bf the state super- ^ Chap. 71, Mar. 15, 1909. 334 Maine; Amending sec. 63, chap. 15, Revised Statutes, 1903, relating to the .payment of tuition itf secondary schools. 40 be paid M so long as^jich youth maintains good standing-in such * w . Chap. 116, Mar. 20, 1909. . 335 Mftfaet Amending sec. 56, chap. 15, Revised Statutes, 1903, relative to the conveyance of pupils in secondary schools. , ■ tap.143, Mur, 26, 1909. u tt v C^a : ri # 1909^ . providing for ihe. improvement of free $£&&& schools. 4 v- - • v ; Stateaid p bepaid annually in December * Chap. 196* Apr. 387" Maaiifhaaettas Providing fpv»a highschsol of "commerce and school adminis* SECONDARY EDUCATION. 185 t # 10ehlKftiii Repealing act 190, Public Acta, 1903, and providing for the payment of tuition in andtransportation to another district of children who have com- pleted the eighth grade in any school district. \ Act 66, May 6, 1909. 1 Michigan: Amending act 144, Public Acta, 1901, as amended by act 126, Public * ;Acte, 1907, providing for the establishment and maintenance of rural high* "schools: t Minor amendment concerning elections. Act 97, May 1$, 1909. 640 Minnesota: Amending sec. 1391, Revised Laws, 1905, relative to thd dutifs of the state high-school board) and providing for state high-school board exami- nations for private schools and academies under certain conditions. Chap.' 188, Apr. 14, 1909. D. 841 Mississippi (1909): Laws, 1908, p. 92, chap. 102, authorising a county to -* establish an agricultural high school for its white youth, to be supported by* tax on all taxable property, held to abridge the privileges or immunities of a certain class of citizens and thus to contravene Const. U. 8., Amend. 14. sec. 1 — 4 McFarland i>. Goins, ,50 So., 493. ; D. 842 Mtesteslppl (1909): Laws, 1908, p. 92/ chap. 102, authorizing a coUnty to establish ah agricultural high school for its white youth, to be supported by tax on all taxable property, held to deny a certain class of citizens the equal pro? tection of the laws, and thus to contravene Const. U: S., Amend. 14 sec 1 — McFhrland v. Goins, 50 So., 493. ~ . ’ 843 Nebraska: Repealing, and re-enacting with amendments, sec. 11618, Cobbey’s Ann. Stat., 1907, relative to the payment of non-resident pupil’s tuition, by * their home districts. ^ " ' . ' . Jtetates to payment of non-resident high school tuition. * * * “ Provided hdwever , that if such school district in which the parent or gu ardian of such non-resident pupil maintains his legal residence is not able tapnaintain nine months of school out of his (its) own resources after levering the full amount of taxesit is permitted by law to levy for School purposes together with its apportionment frqm the State School Fund, then and in that case said district snail not be liable for such tuition.” * Chap. 122, Apr. 5, 1909. 4 * D. 844 Nebraska (1909) o : In passing oh the vaflflity of Comp. Stat., 1907, sees. 6494- 5497b, Sees. Laws, 1907, p. 402, chap. 121, providing a four yeare* course of free high-eehobl instruction of pupils residing in districts where that privilege is denied , and permitii $ them to attend properly equipped schools 'in other :t8, and making tne home district liable for the payment of tuition at the rate.of 75 Oento a.week for each pupil, it will not be assumed without pleading .or proof that the tuition fixed by Ufc legislature will fall Below or exceed the cost of educating a nonresident pupil. — Wilkinson v . Lord, 122 N. W., 099. 845 Nevada: Amending sec. 1, chap. 31, LawB, 1895, as amended by chap. 86, Laws, • 1907 1 relativi to the establishment of county high schools. ' Emergency/ amendment for the benefit of Humboldt County. Relating to election Atf/procedurfe for location of schooL Chap. 39, Feb. 26, 1909. . - v. f \_- w . . .. , . * . . ■ , iV. ■ _ • , 846 Nevada: PermittiDijg the establishment of county high schools in the various countles/and providing for the construction,- maintenance, management, and supervision of the same, and repealing all acts in conflict herewith.' * * f Ohap.171, Mar: 24| 1909. * * a B*oent IN In latter part of this bulletin ; fovomplete text of dedMon v 186 & *SU» ®0H60Tj SYSTEMS: LE01S1ATION, ETC., 1908-0. 0P' ■ - f= •’*■.■. ' iv" .k ? v".: S47 Nevada: Authorising bounds of county eorntniasionen to establish district high schools. Restricting application of act to counties polling not more than 960 votes and , having more than $3,600,000 of taxable property. Chap. 178, Mar, 24, 1909. 848 New Hampshire: Amending chap. 96, Laws,- *1901, -as amended by chap. 90, Laws, 1905, enabling certain school districts to make contracts with certain high schools or academies out.of the State for furnishing instruction to pupils of high- school, grade. 4 - ■ . Chap. 100, Mar. 30, 1909. 849 North Carolina* Encouraging high-school instruction for the counties of Graham . and Clay. Authorizing the establishment of. a central high school in Cherokee, Clay, and Graham counties. Providing for normal department. Chap. 328, Feb. 26, 1909. 860 North Carolina: Relating to the sale of refreshments at all state high schools in • Alamance County. *■ V . Chap. 524, Mar. 5, 1909. 851 "Ohio: Amending sec. 4029-3 relati ye to the tuition of pupils holding diplomas. Requiring boards of education of second and third grade high schools to pay tuition .in first grade high schools. Proviso. « •- Providing foj transportation of high school pupils in centralized townships. / H. B. 17, p. 74, Mar; 23, 1909 (sp. s cm.). 852 "Ohio; Amending and supplementing section 4029-4, Revised Statutes, regarding what shall constitute a school and providing for the appointment of two high school inspectors. Sic. I! * •* * • 8bc. 4029-4. * * * - J'Sgc. 4029-4a. To aid in the recognition and classification of high schools, stablished or seeking recognition in accordance with the provisions of this act, the state commissioner of common schools shall appoint two competent inspec- tors. Under the orders and supervision of the commissioner of schools such inspectors shall make examinations of any public schools in the state, visit teachers’ institutes, confer with the various school authorities and assist the Btate commissioner of common schools in such other ways as he may direct* provided, however, that the inspection herein authorized shall not be a substi- , tuteior, or. taka the place of, the inspection made by the Ohio State University u Ji n ' verelt y ptu*p°*KS®» In making the first appointment one of the inspectors shall be named for one year and one for two years and thereafter the appoint- , ment shall be for twoyears. Said inspectors shall be paid an annual salary of two thousand dollars. « 11 Sic4029-4b. The visitors orfield gents o any institution of higher learning, supported wholly or in part by the state of Ohio, shall furnish the state commis- wooer of common schools with a report of all inspection of public high Schools made by them. The reports shall be in such form as the commissioner may” prescribe**’ 9 Sic. 2* * * * * • H. B. 58, p. 92, Mar. 25, 1909 (sp* seas.). 85$ .Oklahoma: Repealing secs. 1 and 2, p. 187/ Laws, 1901, authorizing the estab- ^ lishment and maintenance of county high schools. Schools establish odor already voted for not to be affected. ‘ . ; S. B. 4, p. 667, Feb. 26, $09. 854 ^Oklahoma; Creating and locating the Eastern University Preparatory ' School 4 atClardmore. v-s ' * ... 'a B . 3$2, p. 669, Jtor, 26, 1909. ; 1 V* •> 'v ,A y%i . SECONDARY EDUCATION, irp * 85f * Oregon: Providing for a county high school fund; ijor the distribution of the Barney prescribing standards for high schools, and the, qualifications of teachero therein. j “Section ' l. The county court, at any general election to be held in any county after the pjissage of this act, upon the presentation of a petition signed by ten per cent or more qualified school electors of said county, must submit U>e question of creating a county high school fund to the qualified electora tnereof. ouch election shall be conducted in the manner provided by law for conducting elections. The county clerk shall give thirty dW notice thht the question will be submitted to the legal voters of the county. The ballits for «qich election shall oontam the words, ‘ For county higbschool fund— yes;!* * For county; high echool fund— no; ’ and the voter shall indicate his choice as pro* vided m the Australian ballot law. \ ™ * “ Sec. 2. Whenever it *has been decided by any county, at any election, to create a county high school fund, in accordance with Section 1 of this act, such fund shall be under the control of a county high school board, consisting of the countv judge and the two commissioners, the county treasurer, and the county school superintendent, who shall act in their official capacity aft such board the county judge to bo ex-officio chairman, and the county school superintend dent ex-officio secretary. The members of the board shall serve without com- pensation. “ 8kc. 3. It shall be the duty of the county high school board, within thirty days after returns have been canvassed by the regular canvassing board in sdid county, if a county high school fund has been provided for in accordance with beet ion 2 of this act to contract with all districts that maintain a high school m accordance with the requirements of Section 7 of this act, to teach alt high school pupils of said county that may attend a high school in thtf district. “Sec, 4. The county high school board shall also make an estimate of the > amount of money needed to pay the tuition of all high school pupils for the next twelve months, %nd submit such estimate to the county court, whose duty it shall bo thereupon to levy a special tax upon all the assessable property of the county sufficient to raise the money estimated, as necessary for paying said tuition. Said tpx shall be computed, entered upon the tax roll, and collected in the same manner; as other taxes, and designated, as the 4 County Hkh School * und, and shall bo deposited in the county treasury. » ^ ♦ “ S * ec L 6 v Fo r ^purpose of paying tuition of said high school pupils, the county high school board Bhall dravr an older on the county treasurer, which shall be signed by the president and secretary of such board, whereupon the county treasurer sh^ll pay such warrant and charge -the same to the county high school fund; provided, that the total amount of such warrants shall not exceed the amount of money actually in the hands of the treasurer to the credit of the county high school fund. “ Sec. 6. The basia of the distribution of the county high school fund shall be upon the average dally attendance during the school year. The total amount of money paid to arty district during the school year shall not be less than $40 per pupil for the Unit 20 of such average daily attendance, and $30 for the second 20; nor more than $12.50 per pupil for all the remaining pupils. But the total paid any district ah^ll not exceed the amount paid by the district to the teachers employed therein. * ' Sec. 7. It shall befthe duty of the State Board of Education to prescribe rules ~ and regulations specifying the standard “that must be maintained by all high schools relative to number of months taught, number of tJachers employed, n t U n u °* l ‘® c 1 1 ^ 10n periods daily, and course of study, before any high school hih rch^fand 40 r f Ce * ve ■ n * or high school pupil from the county “ Sec. 8. No high school shall be entitled to receive tuition for any pupil from the county Wgh Bchdpl fund, £of shall any warrant on said fund be drawn in tunty .superintendent has certified to the county net has complied with the rules and regulations ‘ .w act. ' 11 be entitled to receive tuition for any high school ^1 fund, unless such pupil holds an eighth grade this State, or its equivalent from some other « a Will rmt onnKr fn nirm 11 1 * f district ..uhtii the — o- - 1 board thafr the d provided fo? in Section 7 of “ Sec, 9, No high sihool i ' pupil from the County high c diploma from some county ■ ^ M r - ' LEGISLATION, MO., 1908-0. VWF&JW®® ' 'wow* 8TATP secdon shalt be detemined by fte county school superintendent whose decision in the matter shall be final. “Sec. 10. No tuition, ahall be paid for a high school pupil to any district except to the district in which his parent or guard bin shall actually reside! during the time of said pupil s attendance in such district; provided, that tuition W oj PJ» d f ° r » ^ ^hool pupil to a district other than his residence district if toe high school ia not in session in the residence district of such pupil; or if such pfcpil has completed the course of study offered in his residence district; or if he has obtained the consent of the county high school board to.attend school in a district other than his residence district. li- All teachers employed in high schools in this State shall be grad- nates of the State Normal School of this State, graduates of some institution of collegiate or university grades, or shall be the holder of a state certificate or a state diplQifia Graduates of such insritutiona, upon registering their degree or diploma with the county superintendent, ahall be entitled to teach in high schools without any further examination. '• Sec. 12. AH the provisions of this act shall also apply to any county thatrhas heretofore, in substantially the same manner as provided for in thiaact, estatr- * lished a county high school fund and provided for the distribution of the same M ehap. 115, Feb. 23, 1909! 356 Pennsylvania* Authorising township tvhooi districts, which entirely surround a city or borough, to acquire, to such city or borough, lands', and to erect thereon buildings for high-school purposes, aid exempting property, so acquired, from taxation by such city, borough, or school district thereof; and authorizing such township school directors to enter uW and occupy sufficient ground for such % high school purposes, and providing lor the determination of damages done and suffered- by the owners of the land>y reason of the taking thereof for such high school purposes. 0 Act 259, May 6,1909. 857 South Dakota: Amending sec. 147, chap. 135, Laws, 1907, refating to tuition for eighth grade graduate*. m Tuition charges in. excess of $2 per month to be paid by parent or guardian. Chap. 150, Mar. 3, 1909. D. 858 South Dakota (1909): Under Laws, 1903, p. 148, chap. 132, authorizing a . P?pd havpg completed the eighth grade to attend school in a neighboring district afford ingji higher course of study not afforded by her home district at the expense of the latter, it was no defense to an action against a resident* district to recover tuition for instruction furnished to a pupil under such cir- cumstances that there was no contractual relation between plaintiff and de- fendant district, defendant being liable for such tuition under quasi contract — Board of Education of City of Yankton t>. School Hist No 19 of ^ County, 122 N. W., 411. D. 859 South D«kota (1909): Laws, 1903, p. M8, chap: 132, declares jhtitoy pupil . who shall successfully complete the work of the eighth gradeotay continue his work up to and including the twelfth grade by attending any. neighboring graded whool, and the tutUon shall be paid by the >*frd of his home district Movided the home district does not provide metrtfction in such higher grade that where a pupil completed herjdgfath grade in her resident district which did not afford higher mstruction,^ie fact that such district had never • firniinAFIViUI M -* ' authorized instruction not attend school in her h6me ~ — les was sufficient reason why afro should w-uvuk AU ucr uuui« district, and authorized her attendance at a neighboring highschool tp continue work up to the twelfth grade at the expense 4^ t -Boerd of JMucation qt City ofTTankton ». School Dlat. No. I9 t of Yankton County, 132 N. W., 4X1, w See enactment No. 308; 861 Tennewm: Authorizing the issuance 4 # bonds to erect, maintain, md equip a public school building at Covington, to be used as a county high school, and * ^ — md estate, k* - pun^thMec^atyj '“'■' ‘ y -■' ' V ' «-4 i 'r M c ? UMe °f rtudy and fccplty! ■ ■ ' * Act 100, Apr; 1, 1909.- ~ «8«* Kmott, Bdwxnl C.. InduitrUl KdnmUan— Jiimmuy «f Summary No. L of tto ftdiniiig 1^*1* ;*'2S 190 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9, I * " 867 "California: Authorizing the establishment of the California, State Trades and Training School for dependent orphans, half orphans,, abandoned children, and children committed by court and placed under guardianship of tho board of thiBtees. “Section 1. There is hereby established in this state a school to be known * as the California State*Trades and Training School., The purpose of this school is to furnish to the dependent orphans, half orphans, abandoned children and children ordered committed by court, of both sexes, mental and manual training “in the arts, sciences and trades, inclyding agriculture, mechanics, engineering, * business methods, domestic economy and such other branches as will fit the students for the different occupations of life. v “Sec. 2. The California State Trades and Training School shall be located at such place as may be selected by the governor, attorney goneral, secretary of state, one member of the senate and one member of the assembly appointed >y the governor, who are hereby named as a commission to select a .proper sito for the aforesaid school, the Bame to be as near as possible centrally located in * the state, with a view to making it the most useful, convenient and economical in* its conduct. . . ' “Sec. 3. Within thirty days after this act goes into effect, the governor shall. ' appoint four persons who, in connection with the secretary of the state boara^ of examiners, shall constitute a board of trustees of said school. “Sbo. 4. The term of office of the trustees shall be four years, except that in > the appointment of. the’ four persons mentioned in section 3, the governor; in the* firet appointment of trustees shall appoint two for a term of two years and ' two for four years, and the acting secretary of the state board of examiners shall CQnBtitute tho other member of said board who will act during his term of office. “Sec. 5. The suiri of $125,000.00 is hereby appropriated out of any moneys „ belonging to the state, pot otherwise appropriated, for the purchase of a site and ; the preparation of the necessary plans and specifications for grounds and build- ings; provided , that if any or all of the money is not expended as/ provided above then it shall immediately become available for the pjirchaae of material and employment of labor for erection of tho buildings nceaed for the school. “Sec. 6. The children who are eligiblo for admission to the California State Trades and Training School must be dependent orphans^abandoned children and half orphans wncxjp surviving parent is unable to support BudTchildrep. * and such other children as may be ordered committed by court and placed under guardianship of the board of trustees of the California State Trades and Training School who have been taken from parents for their protection and education. ' “Sec. 7. Children admitted to the California State Trades and Training School must be at. least fourteen years of age and not over eighteen years, and must be of sound mind, free from contagious or other diseases that would unfit them for admission, and must be acceptable to the board of trusts in other ways, and any such children on arriving at the age of eighteen y, Apr. 6, 1909. « Appropriating »100, 000. See chap. 471, p.. 1109, Special Acta, 1900. W^-rr I I 4 192 STATE SCHOOL SYSTEMS : LEGISLATION* BTC., 1908 - 0 . 871 Idaho: Establishing agricultural secondary schools with branch experiment stations at the option of the regents; encouraging secondary education in agri- cultural industries and economics; accepting the federal appropriation and provisions of the act of Congress granting aid for such schools. “Section 1. To carry out the intent and purpose, of this Act the State shall be divided into districts as follows: “Agricultural Secondary School District No. 1, composed of the counties of Kootenai, Latah, Nez Perce, Shoshone, Idaho, Washington, Lemhi, Custer and Bonner. “Agricultural Secondary School District No. 2, composed of .the counties of Canyon, Owyhee, Ada, Boise, Elmore, Twin Falls, Cassia, Lincoln, Blaine, Fremont, Bingham, Bannock, Oneida, and Bear Lake. - “Sec. 2. In each of the districts numbered One and Two, as defined in Sec- .* tion 1 of this Act, there shall be established by the Regents of the University * of Idaho an institution devoted to Secondary Education in Agriculture, and if the said regents shall deem it for the best interests of the State, also a branch Agricultural Experiment Station; both located at the same point in said dis- 1 tnct: Provided , That said Agricultural Secondary School or Branch Experiment Station shall be established under such regulations, terms and conditions and under such provisions for a governing board, as to the said Regents may seem most advantageous to the State. , . “Sec* 3. The Regents of the University of Idaho shall immediately upon the passage of the .Act of Congress granting federal aid for such schools, and subject to the provisions herein contained, establish in each of the two districts described in section two of this Act, an Agricultural School of Secondary grade. ' The said Regents of the University of Idaho shall provide for each agricultural school a secondary course of study, which shall nave for jits major function vocational education in agricultural and in farm home making, not neglecting subjects of broadly educational value and shall articulate such studies w ; ith X cultural and . Home Economic courses of the State College of Agriculture ve, and the consolidated rural schools below: Provided . That the Regents of the University of Idaho may, at its discretion, require that students in any given district may attend the Agricultural Secondary School of that District only. “Sec. 4. The Regents of the University of Idaho may also establish, (pro- *vided in the judgment of the Regents it shall be for the best interests of the State,) at each Agricultural Secondary School a branch agricultural experiment station, which shall be under the direction and control of the State Agricultural Experiment Stations established by Act of Congress, Approved March 2, 1887, ana the work of the branch Agricultural Experiment Stations shall be especially directed to the solution and demonstration of the agricultural problems of the respective Districts in which the stations are severally located. “Sec. 5. That anv sums which shall be received by the State of Idaho by viriue of the Act of Congress for the aid and promotion of Secondary Schools of Agriculture are hereby accepted, and shall be appropriated to the use of said schools for the purposes for which said sum is appropriated.” Sec. 6. * * *. H. B. No. 306, p. 339, Mar. 13, 1909. 872 Maine: Repealing chap. 78, Laws, 1907, relative to state aid to academies. Encouraging the teaching of manual training, domestic science, and agricul- ture in academies. Providing for additional state aid not to exceed two hun- dred and fifty dollars for each course. Chap. 102, Mar. 18, 1909. 873 "Maine: Relating to an investigation of industrial education. “ * Res., chap. 136, p. 1287, Mar. 12, ^909. 874. Massachusetts: Set enactment* Igo. 56, 875 Massachusetts: Amending chip. 505, Acts, 1906, relative to industrial schools. State aid to be one-half the sum mined by local taxation; formerly based on graduated scale. Chap. 540, June 19, 1909. ^ ' . , . l. . i. ■ .v v ' -4 : v TECHNICAL AND INDUSTRIAL EDUCATION. 193 m * Michigan V Amending act 36. Public Acte, 1907, relative to the eetebliahment of county schools of agriculture, manual training, and domestic eeonomy. > ' Providing for elate aid equal to two-thirds of the amount expended for main- tenanceTHaximum aid to any one school, $4,000. Act 219> June 2, 1909. 877 Michigan: Providing for a state commission on industrial education including elementary training in agriculture. * •■Sec 1. The Governor of t#e State of Michigan, by and with the conwnt of subsequent act of the legislature. « A/Ct 228, June 2, 1909. 878 Minnesota: Accepting the Indian school, at Morris, from the United Bute, tor ^ an agricultural school Chap. 184, Apr. 14, 1909. 879 New Jersey: Continuing the commission on !«»• 880 ‘/few Jersey: Amending chap. 164, Acts, 1881, providing for the establishment / of schools for industrial education. > * . condition that' cities shall acquire $100,000 for lands >2 190 9 . 881 *Ohlo: Amending act of March 16, 1887, aa amended April 25, 1°^. renting to to levies for manual training And commercial departments and kindergartens. Extending application of saiie so as to include agricultural, industrial, voca- tional, and trades schoojs. S. B. 11, p. 17, Mar. 16, 1909. Oklahoma: ' Dividing the fifth judicial district into two agricultural districts, H. B. 368, p. 16, Mar. 11, 1909. am Oklahoma: ADWopriatihg funds for the erection and maintenance of district tricto Of the State, and providing for the time and manner in which they -hall be located. 8. B. 162’, p. 82, Feb. 24, : ■O 36682—10 13 2 -. ai^Ct-JuT: -UMi'/i- ; iM STATE SCHOOL BYBTBM8: 1 !b G I8LATI9N, ETC., 1808-9. H. B. 348, p. 83, Mar. 3, 1909. " "SSSS? i ^^=SiSti: S. B.. 173, p. 477, Mar. 11 , 1909. 886 °Si^^ g l !; 0 " 0klaKo,na ^ustrial Institute and College fa, G “ at (hickasha and making appropriation therefor. */ ^ H- ®- No. 87, p. 560, Mar. 27, 1909. 88* Oklahoma: Relating to a fund provided for in House Res No 287*7 k„ n • # ! . "> <*' W for aid to agricultural and industrial cduSn. ’ Sen. Jt. Rea. 11, p. 644 - - «— Act 132, Feb. 23, 1909. ‘wo years to state normal schools (3,- titlng and mataiZin™^^^ *? 8Undry -^.institutions for insti- Providing ’far .“to a wic,, ! ture for k**eis. manual trafning, and , liom^sUc oS»Sf h m?.* ,v 5« ,n8t , ruc V on in ^culture, minimum, $500; maximum $2,000. AppropHa^l^ nm f ex .P en t diture ; ' years; state aid extended not more than® tCiyShZ *" y fo ' tW0 Chap. 113, p. 221, Mar. 25, 1909. 890 Wisconsin: .Amending secs. 926-22 and 926-26 (chap. 122 Laws 19071 "r,;" 8 OT the e9tabIiehme nt of trade schools in the State of’ Wisconsin ’ ^en to “young m«p having Cl^p. 155, May 19, 1909. " ’sssusasai? ->■ — ^ . .mb., oI eute-,ided «hf th ° unm ‘ rB,t >’ fr “ m 2 to 3 cents Chap. 329, Mar. 20, 1909. 90S. California: Appropriating *101,314 for the university to replace and rest™, ■ SScr d ““* er ° nd f,re ’ Ex ^P tinnfro » Provisions of sec. 672. Chap. 528, Apr. 14, 1909. 908 ‘Zfirt? aec : l ’ C V ,8:i - Uw ». i*». relative to the levy of a miilave tax for the etate universit^and providing for expenditure thereof - Chap. 234, Apr. ltyl909. i&8 STATS SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-4. 907 Maine: "Retolved, That there be and is hereby appropriated for the Uni versify of Maine for all purposes, including maintenance and new buildings, the sum of one hundred thousand dollars for the vear nineteen hundred and nine, and a like sum for each of the years nineteen hundred and ten, nineteen hundred and eleven and nineteen hundred and twelve. 4 / Vortrfrrf, however , That during the time covered by this appropriation no tu*w departments shall be established at the university. 44 Provided, further, That all students hereafter entering the engineering courses at the university from outside the state of Afaiue, shall pay tuition at the rate of one hundred dollars per year.” Res., Chap. 269, p. 1*18, Apr, 2, 1909. 908 BUnnesots: Amending chap. 359, Laws, 1907, authorizing the board of regents - * of the university to acquire property and erect buildings for certain uses, to issue certifieatesyjf indebtedness, and to levy a tax to pay for the same, so that such taies may be levied for two additional years. Extending tax levy for cost of engineering building from three to five years. Chaj>. 480, Apr. 23, *1909. D. 909 Nebraska (1909): By act of Cong., July 2, 1862, chap. 130, 12 Stat., 503, grant- * ing public lands to the State for the use of university and agricultural colleges, and, by the acceptance of the grants by the State, and the pledges contained in the state constitution and statutes with reference thereto, tne State became the trustee of the funds derived from such grants, for the sole purposb of applying them to the object cf-4hp grants, and with no power to divert tne same to other ^ur^oaes, or to render them general funds ot the State.— State v. Brian, 120 m 910 Nebraska: Appropriating for the use of the State University 95 percent of the 1 mill university tax levy for the years 1909 and 1910, and a portion of the delin- quent taxes collected under university levies. prior to the year 1909. Chap. 192, Mar. 11, 1909. 91 1 Oregon: Governing tho expenditures of funds of the university. * Chap. 164, Feb. 23, 1909. 912 West Virginia: See enaetment No. 38. 913 Wisconsin: Amending sec.' 390, Statutes, as amended by see. 1, chap. 170, Laws, 1899, sec. 1, chap., 322, Laws, 4901, sec. 1, chap. 344, I.aw T s, 1903, and „ sec. 1, chap. 320, Laws, 1905, and amending sec. 1, chap. 14, I-owa, 1905 Bp. sesB.), as amended by see. 2, chap. 428, Laws, 1907, and amending sec. 2, chap. 320‘, Laws, 1905, aa amended by sec. 3, chap. 428, Laws, 1907, and repealing see. 391n, Statutes (sec. 4, chap. 428, Laws, 1907), and amending sec. 1494j, Statutes, and creating sec. 1494-12m, Statutes, relative to the university ^appropriation. “ Section 390. There shall be levied and collected annually a state tax of two- sevenths of one mill for each dollar of the assessed valuation of the taxable general property of the Btate as ascertained and fixed by the state board of assessment for apportionment of the state tax to the several counties, which amount, when so levied and collected, is appropriated to the university fund income*to be used for current and administration expenditures and for the increase and improvement oLthe facilities of the university; provided that upon any apportionment of the funds in the treasury under section 1069a of the statutes, such fund Bhall be applied to the tax hereinbefore levied. The commissioners of public lands may direct the state treasurer, from time to time, to set apart such sums by way of loan to the fund known as the university fund income for the university uses from uninvested moneys in the trust fund for the period when so uninvested, as in their judgment shall be prudent, such loans to be repaid to the trust fund from the tax hereinbefore appropriated with interest at the rate then required to school districts. - “Sec. 2. There is hereby appropriated annually for the fiscal years ending June 30, 1910, and ending June 30, 1911, out of any moneys in the state treasury not otherwise appropriated, the sum of one hundred thousand dollars to the university fund income of the Univefsity of Wisconsin, for the purposes specified HIGHER EDUCATIONAL' INSTITUTIONS, m “Sec. 3. There is hereby appropriated annually for the fiscal years ending; June 30, 1910, and ending June 30, 191 1,. out of any moneys in the state treasury S ot otherwise appropriated , the sum of fifty thousand dollars to the university md income of the Uruvem^y of Wisconsin, for the purchase of books, apparatus; furniture, and equipment. M Snc. 4. Section 1, of chapter 1 1. laws of 1905, special session, as amended by section 2, of chanter 428, laws of 1907, is amended to read: Section 1. The secretary^ of state, it in his judgment the conditions of the general fund will warrant it, with the approval of tlie governor, is authorized to transfer, after the beginning of each fiscal year until * * # ^ 1911 , and before the collection of the tax provided for the support of the university for such fiscal year, from the genehil fund to the university fund income, such sum or sums from the general S|pd to the cummt expenses of the university, provided that such sun* or sums snail not exceed two hundred * * * thousand dollars for any fiscal year, ‘ but immediately upon the collection of such tax for any . fiscal* year for the support of the university, the 'secretary of state shall transfer the amount so loaned frorti the university fund income to the general fund by a proper transfer. . , “ Sec. 5. Station 2 of chapter 320 of the law's of 1906, as amended by section 3,' chapter 428, laws of 1907, is amended to read: Section 2. There is annually ap- ; pmpriated for the * * * period of term years from July 1st, 1903, the sum of two hundred thousand dollars u> the university fund income from the general fund of the state out of any moneys not otherwise appropriated to be used for (he construction and equipment, in the order of the greatest need therefor, of such additional buildings * # * and the enlargement and repairs of build- r ings * * * as in the judgment of the regents shall be absolutely required, and as shall be approved by the governor, and can be completed within the appropriation herein made; * ? * provided that frtrin this appropriation there wail be constructed and cquipjwd a women's dormitory and provnlcd that no plan or plans for any building shall bo finally adopted, ami no contract or con- tracts shall be entered into by the regents for the c«»nstruction of any building \ until such plans and contracts, with complete estimates of the total cost thereof, shall have tK»en submitted to, and in writing approved by the governor of the state, who shall withhold such approval until he shall satisfy himself by a per- sonal examination or by such other means as he may in lus discretion adopt, that such building is required for the purposes pnusmed, and it can ami will jbe. erected and fully completed nceording to sueh plans or contracts for the sum proposed for the same by the regents out of the appropriation herein made. • “Sec. 6. Section 391 n of $Ke statutes (being section 4 of chapter 428, laws of 1907), is hereby repealed, providetkauy balance up to $200,000.00 remaining in ’ the state treasury unexpended on June 30, 1909. to the credit of tlie university ... , fund income under said section shall remain part of the university fund income and be expended for the construction and equipment of the women's building now. under construction. "Sec. 7. Section 1494j of the statutes is amended to read: Section I494j. 1. The board of -regents of the'univpndtv are * * * directed to carry on educa- tional extension and correspondence teaching. “2. There is * # # appropriated for the fiscal year ending June SO , 1910, t the sum of * * # fifty tl a* il dollar*, id for the fiscal year ending June 30, 1911 , the sum of seventy-jive thousand dollars , for carrying out the purposes of this * * * section. “Sec. 8. There is added to the statutes a new section to read: Section 1494 — 12m. 1. The regents of the university are directed to carry on, under the super- vision of the deafi of theqnllqge of agriculture, demonstrations and such other experiments and investigation as they may deem advisable for the improve- ment of agricultural knowledge and to conduct traveling schools of agriculture which jnay be held in conjunction wdlh the county agricultural schools. “2, There is annually appropriated for .the fiscal years ending June 30, 1910, and ending J une 30, 1911, out of any moneys in the state treasury not otherwise appropriated, the sum of thirty thousand dollars lor the purpose of carrying out the provisions of this section/* Sec; 9. * * * Chap. 306, June 9, 1909. 913a Wyoming: Amending sec. 1833, Revised Statutes, 1899, relative to taxation for the support of the university. * Increasing state tax from one-fourth to one-half mill. Taxes for 1909 and 1910 not to exceed $33,000 for each year, i , . Chap. 147, itar. 1, 1900. 800 STATE SCHtipp' SYSTEMS : LEGISLATION, .ETC., 1008-9. \ ft* . (c) State Universities and Colleges.* The measures centralizing the administration of higher education in Iowa (925), Montana (930),- and West Virginia (38), constitute the jnoat important movement of the year. The creation of the * * commission to consider the status of Delaware 'College, (9)9), the resolution of the legislature of Illinois in favor of the university (923), the investigation in regard to the establishment of a college in Massa- chusetts (927), the reorganization of the board of trustees of the University of Tennessee (935), and the measure relating to coedu- cation in the University of Wisconsih (938), may l>e singled out for mention. * 914*. Arkanias: Tmviding for the support, necessary building*, mu intonatin', and . improvement of t ho university. Providing in see. 3 for the abolition of the subfroshman class at the end of the acadetmo year 1911. * # Act 228, May 6, 1909. 915. Arkansas: Repealing sec. 429(1, Kirby 'a Digest. 1904, relative to leaves of absence of the faculty of the university. ^Making special appropriation!* for department* of the cirilego of agriculture. \ • - Act 2K3, May :u, urn. 916 Callfernla: Amending sec*.' 353. 1425, tfml 1427, Political Code, relating U. the regents of the university. flaking the president of. the university and the president 'of the alumni association of the university ex otlicio regents. * 1 650, Apr.-i:. 1909. 917 Colorado: Proponing amendment to sec. 5, Vt. H, count it ut io^ lffai. - Providing for the establishment, and maintenance at Denver of all but the first two yean* of the de|>arlnient* of.medicine, dentistry, and pharmacy of ihe university, / ' Chap. 150, Mar. 22, 1909. 918 Delaware: I (/incorporating the trustee* of Delaware College, I ' Chap. 10S, Feb. 9, 1909. * 919 Deloware^^Keating a commission to consider the present status of Delaware CollegSand to report on a permanent charter therefor. * - * T Chap. 109, Mar. 26, 1909.' 920 Florid*: Changing the name of the Florida Female (Allege. Name changed toFlorida State College for Women. . Chap. 5924 (No. 55), May 22, 1909.’ 921 Florid*: Changing the name of. the University of ihe State of Florida. . „ Name changed to University of Florida. - 'I ' ' ■ Chap. 5926 (No. 57), May 22, 1909. 922 Florid*: Providing for. the q&jnission of graduates of law departments of char- tered universities and charared law schools to the practice of law in the courts. • ' | Chap! 5949’ (No. 80), % June 4, 1909. ‘ • White not a matter of ganoraHegtcUtUp. It aeami pertinent at thla point to malts mentioivof the act of . tbs 1808 Ohio legislature autborUiogths pity of Cincinnati to 'issue bonds for buildings and equipment for the Uni vend tyuf Cincinnati. This would appear to be the forerunner of a sifnifloant movamen f leading to the davelopmant of munldpal unlversmat. \ , { T HIQHEB EDUCATIONAL INSTITUTIONS. 201 V 921 925 i 913 UUnotot ‘Whereas, It is the evident will oflhe people of this ('ororaon wealth that the l»mvereity of lllipois shall be made so complete in it* organization and - equipment that no won or daughter of i hi* State *halJ he obliged to week in other' State* or other count ries those advantage* of higher ediicaiiuii which ate ncces- wory tof the greatest efficiency of social service either; in public or private sta- tion*; and ■\\ herea*, The State of Illinois haw imposed u|>on thi* institution, in it* agricultural and engineering experiment 'station*, urn) in it* graduate *chool, ' !l »e duty of carrying on extensive and important investigation* of vital interest to the agricultural industry and education of the State, and the conduct of these investigation* call* for the very highest ability and the most thorough training on the part of flume entrusted with their *u|>ervi*ion; ami “W herea*, The great prugre** of (hi* institution in the la*t five year* ha* attracted the attention of the whole country ami made other institutions desirou* of drawing away the member* of the faculties in said univemity ; and “\\ herea*. The present schedule of salarhm i* not sufficient to eiiabb^the institution to eonineto on cquul grounds with other Mate and private imi ver- ities in the Fluted States; therefore, In* it. • “ AYWm/* fry the Smuts, the JJoutje of Jicprtsenta tires concurring herein , That it l* the sense of this general assembly t it the board of tni*t«*«« of the* Fni- g versify of Illinois should adopt such a policy a* wj.ll in their judgment attract to, an^l retain in, the service of the .uni verity ami the State the best available alfihty of tin* ami other cbuulrum.” Sen. Jt. Hi**. No. 12, p. 190, Mar. 31. 1909. Indiana: Amending .acc. 1, cbapr*»:. Act*, 1895, relative to the appointment of trustee of INirdue University. „ Providing for one ij*pra*entative front the Purdue Alumni Association. ' - t t’liap. 150, Mar. 8* 1909. Iowa: Hepealiug sec*. 2<>J7, 2018, 2t>19, 2ti20, 2035, 2(>3t>, 20-12, 2tM7, 2051, 2052, 2053, 20f>8, 2009, 2070, 2081, Cmie, 1897, and secs. 2010, 2050, 2727-053, 2727 :i7H, 2 i2i-u 5;), 2rL-a5(i, supplement to the ('ode, 1907, and creating & Mate board of ‘education for the Plate university, the collide of agriculture anil mechanic art*, and tjp* normal *cIhh*I, and prescribing it* dutifts and providing for the management and control of tbo state university, the college of agriculture and mechanic art*, and tho normal *t*hool; appropriation. * • “Section 1. Staff Itruird of education. The state university, the college of agriculture and mechanic art*, including- the agricultural experiment Ptation, and the normal school at Cedar Fall* shall he governed hv a state iWird of edu- cation ^insisting of nine member* and not more thaiifiVo of the members ball be .of the same political party. Not more than thr^n* alumni of the almve insti- * unions and but one alwmqus from each institution may be member* of thi* , h^ord at one tune. # Tf “Sec. 2. Apj>ointmfTtf^npm'ial~tcrin*--rcmoral. Tho governor shall, prior to the adjournment of the thirty-third general assembly, nominate, and, with the consent of two-third* of the numbers of the senate iii executive semion appt)int nine persons from 'the Mate at large, and they shall he selected solely with regard to their qualifications and fitness to discharge the dutiepof their mwition. Noppomination* shall be considered by the senate until the same *ha 1 have b*en referred to a committee of five, not more than three of whom shall belong totbo same political pa$ty, to be appointed bv the president of the senate without the formality of a motion, which committee shall report to the seuate m exeenti ve scission,- which report shall be made at any time when culled . u u V j 0 8ena,mmittee shall devote their entire time to the work of said ini Ututionl J°v^ a TK Ch rece * vea ^ 1 fy of three thousand five hundred dollars, ($3,500) J h tL memb0r8 ° f ^ e . fi . nance committee and other employes shall be tn l v ? , . 1| W expenses by the nearest traveled and prac- incurred m visiting the different institutions, or other places in % the stote^ imd ^turning therefrom when on official business, nf ifnMf i! CVaww \Um\ 2 cd— mileage. All claims of members of the said board ■ of Education for attendance upon meetings of the board for time actuallv and \ n °®? ial <^e«, shall be itemized, showing the date o^ such 43Ef hv^k d ™ e n ? ture JwfeeJ an d shall be sworn to by such member and certi- ^ L^ 0 ^i retary ° th u board * 11 flha11 then he filod with the auditor of "Jileage due such claimant by the nearest traveled ™?J^K Cab i e rou to X m hl , 8 bomt5 to the place of meeting and return, and shall ahavf ®uch tnileage on the claim; and, if it be in due form of law, the auditor shall draw his warrant upon the treasurer of state for the amount of said Attend- Sec. 13. Secretary of executive council to furnish blank The secretorv of McordMM^ifh U th Cil ii Upon (urniah proper blanks prepare? in meX re ^such\ P <^ ,nK " eCt,0 ^° r ** P^ 6 ot . «**”* <&»■ by {{“"j** 'tatenunU of expenditure*. Before any expenses of the “!^bf” °! finan . ce committee, or other person employed to assist such Bh£n the P. erf ® r “ a ® ce °. f duties, under the direction of the board, shall be paid, a minutely itemized statement of every item of expenditure of U L V h^r C H R b d |iT^ii2 b * i he u c,aimant ftQ d certified to by the*Wretaif of the board, shall be filed with the auditor of state. The verification shall exp^nditu re^or^Ssh^ i8 i lrtt v ac f urate » an d true, and is claimed for cash dlB ^ lrBe ™ ntfl > truly and actually made and paid to the by ^ ptat «racnt. Unless the statement is so verified an ( d duly audited, payment thereof shall not be made. * . bEc. US. List o/efpenditures indudedin auditor's report. The auditor shall n ,y* c - J .®- of financial agent abolished. The office of the financial agent dav H of Jul^A° f ff^n«\h r ° a " d . m ® cha “ ic Art* shall cease to exist on theliret « D " ?“, e thousand nine hundred and nine (1909); and, on said o?^inIS^i d .n I1 K ,1C lu a * ent “h a11 deliver to the finance committee.of the board then i “bis hands b ° Pk8 ’ P#PerB ’ “ d 0lher P ropert y belonging to the state and to loan fundt-conditiom. The^nance com- . WWinTttatioM: f ““ d8 Up ° n approved real wtate security, subject to the to hi' fl^SiK^Li5 a il^ e j for a te ff l not feeding ten years, at a rate of interest to be fixed by said Ward, payable annually, and the borrower shall have the Interest ^>ay y D ^ °” ? hundred dolla ™ («») 6r any multiplethereofonaiy 2. Each Imp shall be' seciirol byji mortgage paramount to all other liens an »* ta i this S“t*»'the loan not to exceed fifty per c«t ™,the cash value thereof, exclusive of buildings. * ^ containing a complete abstract of each loan and showing its ' y L C to ^£l h a11 fa»ptby the secretary of said board and be at ail tL» __1 'V : ' V, !'\\ V* * m,-'‘.v.» w. , r»j,"jv » pi V.I-! j ST AH* SCHOOLSYSTEMWt^ LEGISLATION* ttO* f ■I," 1 . w\ "". 1908 - TH \ “Sbc. 18. Foreclosure* of mortgage* — land* bid in. The finance committee ' of the board shall negotiate loans in accordance with the provisions of the preceding sections ana shall take charge of the foreclosure of mortgages and collections from delinquent, debtors to said fund. The foreclosure of any mortgage belonging to the state university or to the college of agriculture and mechanic arts snail be made in the name of the state board of education for the . ; useand.benqfit.of the institution to which it belongs: and, in case of a sale upon ; , execution under -foreclosure, the premises may be Did off in the name of the • board of education for the benefit of the institution to which it belongs; and, if a deed tberefor.is executed, the premises shall be held for the benefit of such *, x institution, and Such lands shall be subject to lease or sale, the Bame as its other Jands.' i***-'- "Sec. 19. Biennial report. The board shall make reports to the governor V and legislature of its observations and conclusions respecting each and every one of the institutions named, including the regular biennial report to the legis- ; latuoe covering the biennial period ending June 30th, preceding the regular . v session of the general assembly. Said biennial report shall be made not later jfchaq October 1st in the year preceding the nleeting of the general assembly, and shalb also contain the reports which the executive officers of the several inatitutionrare now or may be by the board required to make, including, for the use Of the legislature, biennial estimates of appropriations necessary and proper to be made for the support of the said several institutions and for the extraordinary and special expenditures for buildings, betterments and other improvements.” „ Sec. 20. * * .* Sac. 21. * * * Chap. 170, Mar. 29, 1909. D. 926 Kentucky (1908): Neither the change of name of the “Agricultural and Mechanical College of Kentucky" to “State Univereity, Lexington, Ken- tucky,” by Act March 15, 1908 (Acts, 1908, p. 221, nor transfer by such act of its normal work proper to the state normal Behoofs, the collegiate department of pedagogy being retained, destroyed its identity as a public corporation and state institution i respects the matter of appropriations therefor.— James v. State Univereity, 114 S. W., 767; Same v. Board of Regents for Eastern Ken- tucky State Normal School, Id . ; Same v. Board of Regents for Western Kentucky State Normal School, Id. ■ *. 927 MmoMChiisetts: Providing for an investigation by the board of education in ' regard to the establishment 6f a proposed college. * Res., chap. 112, p. 909, May 26, 1909. D. 928 Minnesota (1909): The Univereity of Minnesota Athletic Association is a branch or department of the Univereity of Minnesota, and is not a proper party defendant in an action of tort brought by a spectator injured by the collapse of the platform at a football game.— George v. University of Minnesota Athletic Ass’n, 120 N. W., 750. 4 929 "Missouri: 'Amending and revising chap, 171, Revised Statutes, 1899, relating to the state univereity. % Major modifications: Giving to the university right of eminent domain and authorizing tuition fees in all (formerly law ana medicine) professional schools. ♦ H. B. 870, p. 884, June 14, 1909. 930 .Montana: See enactment No. 62. 931 Nebraska: Repealing, and reenacting with amendments, sec. 6, chap. 87, Com- piled Statutes, 1907 (sec. 11751, Cobbey’s Ann. Stat., 1907), relating to depart- • ments in the university! Including graduate college and teachers’ college. . .* Chap. 141, Mar 11, 1909. 932 New York: Amending subdivis’, 1, sec. 1121, chap. 21, Laws, 1909, relative to the board of trustees of Cornell Univereity. * * Chap. 4Q4, May 20* 1909. HIGHEB EDUCATIONAL IN8TI' [TUljpONS. 205 933 Oregon: Ataending sec. 3513 t ohajL 6, Bellinger and Cotton's Annotated Codes and Statutes, relative to the meetings of the board of regents of the univer- sity repealing secs. 3524, 3525, 3526, and 3527, chap. 6, Bellinger and Cotton's . Annotated Codes and Statutes, relative to county scholarships at the university. y Chap. 121, Feb. 23, 1909. 934 Tennessee: See enactment N% 308. 935 # Tennessee: Amending chap. 78, Acte, 1807, chap. 98, Acte, 1840, and chap.- 75, Acts, 1879, and acts amendatory thereto, relative to the charter of the Univer- . sity of Tennessee. Providing for the reorganization of the board of trustees and defining powers and duties. . Chap. 48, Feb. 12, 1909. 036 Vermont: Amending Bees. 1178L 1179, and 1180, Public Statutes, 1906, relating to appropriations for the unjwAsity. the state agricultural college, and Middle^ bury college. Increasing appropriation? of the several institutions. . . k Act 50, Nov. 20, 1908. 937 Wisconsin: Amending sec. 389, Statutes, relative to the various colleges of the # % state 4 univereity. Changing the namex>f college of medicine and college of law to medical school and law school. . , Chap. 36,. April 10, 1909. 938 * Wisconsin: Amending sec. 387, Statutes, relative to the admission of both sexes to the different schools and colleges of the state university. Making all schools and colleges of the university open without distinction to students of both sexes. W Chap. 66, April 27, 1909, -939 Wisconsin: Proposing amendment to sec. 31, art. 4, constitution, relative to special legislation. ^ /. Empowering the legislature to enact special legislation with reference to tne city at which is located the seat of government and the state university. Jt. Res. No. 12, p. 809, , 1909. 940 Wisconsin: Creating sec. 373am, Statutes, relative to the school of library science. The school of library science created by chapter 377, Laws,' 1905, to be known, hereafter as school of library science of the university. Duties of the board of regents. \ * Chap. 416, June 15, i909. 941 Wisconsin: Amending sec. 378, Statutes, relative to the board of regents of the . University of Wisconsin. v Providing that two (formerly one) members of the board of regents shall be women. \ Chap. 629, June 17, 1909. (d) Carnegie Fund. The list of States in which legislative approval was given to the k admission of higher educational institutions to the privileges of the Carnegie Foundation for the Advancement of Teaching is presented here as indicative of the probable extent of the future influence of a nongovernmental agency in tha in of higher education in the v;V 'i,.; v V--".' Tr 206 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-0. " 942 Arlsbna: Approving the application Of the university for admission to the privi- leges of the Carnegie Foundation for the Advancement of teaching. # Jt. Res. 4, Mar. 13, 1909. 943 California (Ditto): University. Chap. 3, p. 1136, Jan. 20, 1909. 944 Colorado (Ditto): University. Sen. Con. Res. No. 7, p. 526, Mar. 13, 1909. 945 Colorado (Ditto): School of Mines. . ^ Sen. Con. Res. No. 8, p. 627, Mar. 13, 1909. 946 Colorado (Ditto): State Normal. School. Sen. Con. Res. No. 12, p. 530, iSar. 13, 19<{9. 947 Colorado (Ditto): Agricultural College. s Sen. Con. Res. No. 11, p. 529, Mar. 13, 1909. 948 Georgia (Ditto): University; Colleges and Technical Schools. Jt. Res. 35, p. 1034, July 22, 1908 (sp. boss.).* H, Con. Res. No. 5, p. 445, Mar. 5, 1909. 949 Idaho (Ditto): University. 950 Illinois (Ditto): University. S. J. R. No. 10, p. 496, Feb. 16, 1909. 951 Iowa (Ditto): University; State College of Agriculture and Mechanic Arts; State Teachers 1 College. . % H. Jt. Res. 2, p. 284, Apr. 6, 4909. 952 Maine (Ditto): University. Res., Chap. 24, p. 1252, Feb. 9, 1909. Con. Res. No. 1, p. 803, Feb. 11, 1909. Con. Res. No. 2, p. 803, May 12, 1909. 955 Michigan (Ditto): State Normal College. Con. Res. No. 3, p. 804, May 19, 1909. 953 Michigan (Ditto): University. 954 Michigan (Ditto): Agricultural College. 956 Minnesota (Ditto): University. 957 Missouri (Ditto): University. J. R. No. 4, p. 108, Feb. 10, 1909. Jt. Res., p. 916, Apr. 15, 1909. 958 .'Montana t Ditto): Higher institutions. H. Con. Res. No. 2, p. 385, Mar. 3, 1909. 959 Nevada (Ditto): University. Con. Res. No. 2, p. 339, Mar. 3, 1909. 960 New Hampshire (Ditto): College of Agriculture and Mechanic Arts. Chap. 13, Feb. 19, 1909. •. * 961 New Mexico (Ditto): Higher institutions. . Jt. Res.. No. 16, p. 433, Mar. it, 1909. 962 North Carolina (Ditto): University. • Jt. Res., p. 1342, Jan. 27, 1909. .963 Ohio (Ditto): Ohio University; Miami University; Ohio State University. Amended by S. Jt. Ree. 9, p. 116. Wilberforce University included. 8. Jt. Res. 9, p. 112, Feb. 16, 1969 (sp. sees!). f As * PROFESSIONAL EDUCATION, ETC. 207 * 964 Oregon (Ditto); University. 4 V S. Jt. Res. No. 12, p. 480, Feb. 13, 1909. 965 Rhode Island (Ditto): College of Agriculture and Mechanic Arts. Res. No. 11, p. 486, Apr. 7, 1909. 966 8o.uth Carolina (Ditto); State institutions. Act 241, Mar. 1, 1909. 967 Tennessee (Ditto); University. Sen. Jt. Res. No. 10, p. 2228, Feb. 1, 1909. 968 Utah (Ditto): University. H. Jt. Res. No. 2, p. 348, Feb. 26, 1909. 969 Vermont (Ditto): University and State Agricultural College. " Jt. Btes: 427, p. 576„Jan. 15, 1909. 970 West Virginia (Ditto): University. H. Jt. Rea. No. 2, p. 641, Jan. 21, 1909. 971 Wisconsin (Ditto); University. . ' Jt. Res. No. 10, p. 808, , , 1909. 972 Wyoming (Ditto): University. / n. Jt. Res. No. 5, p. 251, Feb. 20, 1909* Q. PROFESSIONAL AND HIGHER TECHNICAL EDUCATION." [See enactments under Soction l), " Technical and Industrial Education*- Elementary and Secondary.”] In so far as general legislation is concerned , this group presents no new feature. The appropriation measure of the College of Agriculture of the University of Illinois (979) is given as illustrative of varied and widely extended activities of such institutions. The provisions incorporated in the general education bill of Tennessee (308) for the support of agricultural and industrial education are entitled to special comment in the review of the year’s constructive legislation. (t) Teachers* Colleges, and Normal Schools. \ [See enactments N Wyoming: Authorizing the construction of a building upon the state university grounds at Laramie, to be used as a normal school for the training of public and high school teachers. Making appropriation, and authorizing levy of a tax to provide necessary funds. Chap. 82, Fob. 24, 190 '». * (b) Agricultural Colleges. 9<7 Florida: rhanging the name of the Colored Normal School. Name changed to Florida Agricultural and Mechanical College for Negroes. I ‘ Chap. 5925 (No. 56), May 22, 1909. 978 Idaho: Approving and confirming the action of the regents of the university in establishing and maintaining a college of agriculture in connection with the university at Moscow. \ - II. B. No. J92, p. 38, Mar. 6, 1909. 9/9 Illinois: Extending the equipment and increasing the instruction in the college of agriculture of the university and providing for the extension of the agricul- tural experiment station; appropriation. “* EC \ 1 \ b ? thp duty of the, College of Agriculture to give homugh and reliable instruction in the economic, production of crops; the treatment of the different soils of the State in such manner as to secure the largest returns from each and without impairing its fertility; the principles of ““““gement of livestock, including animal diseases ami a tlior- . "I °/ I T various breeds and market classes; the economic and sani- tary pr-Hit^n of dairy g/Tt r,K f ,ri ? ffect,ve - . Tbat t0 ( arry put the provisions of this section there b , ann Illinois grains and forage crops, and to dis fitting tif.f'T 1 e ™ Pomu ‘ a l and successful methods of maintaining animals and t K 1° — r market; to investigate live stock conditions, both at home fnch . ^? a( j U1 H ,° far r they market values, and to publish the results of section #bfr!fh ntfl a ” d . mv ? Ktl ? aU,,n s. That to carry out the provisions of this dSlS/*25 n(^ nnff h 7 6 ii y *?’ ap P ropr,ated theB,,m of twenty-live thousand annually. the years 1909 and 1910: Provided, that the ^iwk undertaken and outlined m this section shall be carried out on lines to be t,H * Agrieultml Experiment Station and S AsSbn ° f flV<> ’ t0 be appo,pted b y the Illinois Live Stock fireedere’ conduct PT^fmir I’u the dut / of tbe Agricultural Experiment Station to 2£ l” c f px Pk . J 48 ,n . th . e Reve . ra ‘ motions of the State, in order to discover the best methods of producing corn, wheat, oats, clover and other farm crops on v<) , ' professional education, etc. 209 ica- ity ind to ho i. Lll- VC \u: ho of >r- u- et i ns | id ! al j' iO ( TO l o) , the different soils and tinder the various climatic conditions of the State, and for the purpose of improving the varieties grown for special purposes; and that, to carry out the provisions of this section, there be, and hereby is, appropriated the sum of fifteen thousand dollarB($15,000.00) annually for the yean 1909 and 1910: Provided, that the woYk outlined in this section shall be carried out on lines to be agreed upon by the director of the -Agricultural Experiment Station and an advisory committee of five, to bo appointed as follows: Two by the Illi- nois Corn Growers’ Association, one by the Illinois Seed Corn Breeders’ Asso- ciation, and one by the Illinois Grain Dealere’ Association and one by the Farm- ers 1 Grain Dealers* Associatidn. > “Sec. 4. That it shall be the duty of the Agricultual Experiment Station to make chemical and physical examination of the Various soils of the State, in order to identify the several types and determine their character; to jnake and publish an accurate survey with colored maps, in order to establish the location, extent and boundaries of each; to ascertain by direct experiment in laboratory and field what crops and treatment are best suited to each; whether the present methods are tending to best results and whether to the preservation or reduction of fertility, and what rotations and treatment will be most effective in increasing and retaining the productive capacity of 1 11 inoil lands; and that, to carry out the provisions of this section, there be, and hereby is, appropriated the sum of sixty thousand dollars ($80, 000.00) annually for the years 1909 and 1910: Provided , that the work outlined in. this section shall be earned out on lines to be agreed upon by the director of the Agricultural Experiment Station and an advisory commit- tee of five, to be appointed by the Illinois Farmers' Institute. ‘.‘Sec. 5. That it shall be the duty of the Agricultural Experiment Station to discover and demonstrate the best methods of orchard treatment, the culture and marketing of fruits and vegetables, and the most effective remedies for in- sect and fungous enemies to fruits and vegetables; to make a systematic study of plant breeding, and to develop, by means of crossing and selection, new and improved varieties of fruits and vegetables, and that, to carry out the provisions of this sect'on there be, and hereby is, appropriated tfiesum of fifteen thousand dollars ($15,000.00) ann» / for the years 1909 and 1910: Provided -, that the work undertaken and outlines in this section shall be carried out on lines to be agreed upon by the director of the Agricultural Experiment Station and an advisory committee of five, to be appointed by the Illinois State Horticultural Society. Sec. 6. That it shall be the duty of the Agricultural Experiment Station to investigate the dairy conditions of the State; to discover and demonstrate im- proved methods of producing and marketing wholesale milk and other dairy products, and to promote the dairy interests of the State by such field aafistance in the dairy sections upon farms and in the creameries and factories a shall tend to better methods and more uniform products; and that to carry out the provi- sions of this section there be, and hereby js, appropriated the sum of fifteen thousand dollars ($15,000.00) annually for the years 1909 and 1910: Provided , that the work undertaken and outlined in this section shall be carried out on lines to be agreed upon by the director of the Agricultural Experiment Station and an advisory committee of five, to be appointed by the Illinois State Dairy- men’s Association. “Sec. 7. That it shall be the duty of the Agricultural Experiment Station to discover and demonstrate, the best methods of producing plants, cut flowers and vegetables under glass, and the most effective remediesjor disease and insect enemies of the same, to investigate and demonstrate the best varieties and meth- ods of producing ornamental trees, shrubs and plants suitable for public and pri- vate ground in the various soils and climatic conditions of the State, and to dis- seminate information concerning the same; and that to carry out the provisions of this section there be, and hereby is, appropriated the sum of eight thousand dollars ($8,000.00) annually for the years 1909 and 1910; Provided , that the work undertaken and outlined in this section shall be carried out on lines to be agreed upon by the director of the Agricultural Experiment Station and an advisory committee of five, to be appointed by the Illinois State Florists* Association. Sec. 8. That it shall be the duty of the College of Agriculture through its department of Household Science, to make such, investigations and give such instnictions and demonstrations as are calculated to advance the Art of Prac- tical' isekeeping in thje State with special reference to supply .^practical instructions to those desiring to take special courses in the science relating to and m the art of practical housekeeping, and that to carry out the provisions of this ^ hereby is, appropriated two thousand five hundred [dollars I ($2,500.00) per annum, for the yearn 1909 and 191Q, • 36582 ^ 10 *^ 4-14 ■J-dl ',i*' j,'.’ 210 . STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9. “Sec. 9. That the committees representing iho several associations herein named shall meet at such times and places as may he designated by the dean of said college, or the director of the Agricultural Experiment Station, or upon request of a majority of the committee'; that they shall servo without compensa- tion, except for expenses to be paid out of the respective funds, and that said committee shall make to their respective associations, at their annual meetings, full reports of the work in impress under the provisions of this Act . “Skc 10. That the. Auditor of Public Accounts is hereby authorized ami directed to draw his warrant on the State Treasurer- for the suniH herein appro- priated, upon the order of the chairman of the board of trustees of the University - — pf Illinois, countersigned by its secretary, and with the corporate seal of said , university, and no installment subsequent to the first shall be paid by the treasurer, nor warrant drawn therefor, until detailed accounts showing expend- itures of the preceding installment, have been filed wi'L he Auditor of Public Accounts: Pmrided, that, no part of the funds herein ,if> ropriated, except in section J, shall be Used for salaries of teachers: And, prodded, further, that any revenue arising from the operations of thoseveral sections of this Act shall revert to the respective funds from which obtained for further extension of the work outlined. Nothing herein contained shall be deemed to take away from the board of trustees of the 1 niversity of Illinois the usual authority conferred by law over the exjicnditure of moneys appropriated to said university. ' The rec- ommendations of the committee herein provided for shall be advisory, but the use «>f the moneys hereinjippnipriated shall rest in the discretion of said board for the jiurpose herein set forth, and said board niialt account, therefor.” H. 11. No. 130, p. 19, June 9, 1909. 980 Iowa: Amending Sec. ], chap. 181, laws, 1905, relative to the levy of a millage tax for the state college of agriculture and mechanic arts and providing for the expenditure thereof. Chap: 235, Apr. 12, 1909? 981 Kansas: Repealing. chap. -105, Laws, 1907, and establishing at the state agricul- tural college a division of forestry under the direction of the board of regents of that institution; appropriating funds for the support of same. " Chap. 49, Mar. 12, 1909. r t 982 Massachusetts: Repealing chap. 400, Acts, 1908, and enacting a substitute rela- tive to free scholarships to the Massachusetts Agricultural College. Chap. 430, May 21, 1909. 983 Michigan: Revising the laws relating to the state agricultural college and pre- scribing the jtowers and duties of the state board of agriculture. Ac* 209, June 2, 1909. 984 Minnesota: Providing for the acquirement by gift or purchase of certain tracts of land in Carlton Comity fora demonstration and experiment forest for the uni- versity, and providing for its care and maintenance. (. hap. I* , Mgr. 31, 1909. 98f> Montana: See cmictment No. 62, 986 New Jersey: Amending see. 2, chap. 108, Acts, 1890, providing for additional i frye scholarships at the state agricultural college. Chap. 26, Mar. 24, 1909. 987 New Mexico: Relative to the establishment of the Museum of New Mexico. Providing for government, buildings, and lupport. v (’hap. 4, Feb. 19, 1900 988 North Carolina: Providing that the state printer shall publish the farm bul- , letins of the agricultural oxperi men t station. Chap. 634, Mir. 6, 1909. rein ean pon nsa- » id agB, and pro- bity A the nd- blic l in any /ert ork the by rec- the ard I. age the K 'Ui- nta sla- ►re- els ni- nal FBOFE88IONAL EDUCATION,’ ETC. 211 ip 989 Oregon:. Amending see. 35*1, chap. 6, Bellinger and Cotton’a Annotated Code* and Statutes, as amended by aec. 1, chap. 233, Laws, 1907, relating to the con- tinuing fund provided for the annual aupport and benefit of the atate asricul- tural college. v Chap. 205, Feb. 23, 1909. v 990 Oregon: Appropriating money for the support and maintenance of the Eastern Oregon Agricultural Experiment Station. / . . ‘ ' Chap. 235, Feb. 25, 1909. 991 Porto Elco: Assisting from funds of the insular treasury the agricultural institute of arts and trades at La jus.' F. 70, Mar. 11, 1909. 992 * Rhode Island: Amending see. 3, chap. 66, General Laws, 1896, as amended bysec. 11, chap. 809, Laws, 1901, relating to the term of office and appointment of the board of managers of the college of agriculture and mechanic arts. Hoard to include state commissioner of common schools and one member of stato board of agriculture. • Ul Chap. 383, Apr*. 7, 1909. 993 Rhode Island: Amending sec. 1, chap. 66, General Laas, 1896, relative to the incorporation and objects of tire college of agriculture aiid mechanic arts. (In conformity to chap. 383, Laws, 1909.) 994 Tennessee: Set enactment Xo. JOS. Cha|> ’ 417 ' Mtty 4 * 1909 * 99o Texas: Providing for the establishment and maintenance of agricultural, horti- cultural, and feeding experimental stations in different parts of the state and making appropriations therefor. Chap. 24, p. 332, Apr. 21 , 1909. ” ~ wsterasss: ,<$*■ - <• — (c) United States Grant. 997 Arkansas: Accepting grants of money authorized by an act of the Fed Q^d Con- gress providing for an increased appropriation for agricultural experiment sta- tions, approved March 16, 1909. Acts 133, Apr. 12, 1909. 998 California: Assenting to the provisions of the act* of Congress of March 16, 1906, providing for an increased annual appropriation for. agricultural experiment stations. ' • * Chap. 19, p. 1282, Mar. 5, 1909. 999 Hawaii: Amending sec. 3, act 24, Laws, 1907, relating to the board of regents of the College of Agriculture and Mechanic Arts. _ Authorizing the appointment of a treasurer and other officers. Assenting to the grants authorized by the act of Congress approved Augdst 30, 1890. Act 127, Apr. 27,1909. 1000 Illinois: Appropriating to the university the money granted in an act of Con- gress approved August. 30, .1890, entitled “An act to apply a portion of the pitK ceeds\of the public lands to the more perfect endowment and support of the Colleges for the bene6t of agriculture and the mechanic arts, “ established under the provisions of an act of Congress approved July 2, 1862. And the money granted by an act of Congress approved March 4, 1907, entitled, “An act making appropriations for the department of agriculture for the fiscal year ending June 30,. 1908, M H. Br No. 406, p. 42, JuW 9, m ikn'to ii.iVa , V?V^a^.'f-iiiii ; -i \ i ing me J gy I hr 212 STATE SCHOOL ttyJTEMS: LEGISLATION, ETC., 1908-9. 1001 Michigan: Granting legraktivc assent to the grant of money from the United Statmhy the art of Contra** March 16, 1906, providing for an increased annual appropriation lor agricultural experiment stations. Act 20, Mar 31, 1909. 1002 New Hampshire: Authorising the acceptance by the State, in favor of the xVa ll^mpahire College of Agriculture and. the Mechanic Aria, of federal appro- priations made under the terms of the “Adams Act." ^ Chap. 203, Apr 9, 1909, 1003 Oregon: Assenting to the provision* of the act of Congress of March 16, 1 tKVti, providing fer an inmmml annual appropriation for agricultural experiment stations Chap 192, Feb. 23, 1909. 1001 Tesan: Assenting to the provisions of the art of Congress of March 16, 1906, psv»- viding for au increased annual appropriation for agricultural experiment sUtions II , Con. Hes. No. 2, p. 360, t— , 1909. 1005 Weal Virginia: Assenting to the provisions of the act of Congress of March 16, 1906. providing for an iucroaaad annual appropriation for agricultural experi- ment stations „ 8.. Jt. Hes. No. 18, p. 637, Feb 23, 1909. 1006 Wisconsin: Assenting to the provisions of the act of ( ongress of March 16, 1906, providing for an increased annual appropriation for agricultural 'experiment stat tons Jt. Hes. No. 9, p. 807, 1909, (d) Mining Schools. 1007 Colorado: Amending see. (>023, chap. 125, Revised Statutes, 11818, relative to vacancies in the board of t rustees of the school of mines. Providing that at least one member of the board of trustees shall be a graduate of the school of mines of not less than ten years standing* (hap. 20t», Apr, 26, 1909. 1008’ Illinois: Authorising and directing the establishment of a department of mining engineering in the College of engineering at the university, and providing for its support. ij II. n. No. 537, p. -13, June 8, 1309. 1009 UUh: Providing for the establishment of an engineering experiment station in Connection with the Mate school of mines-. Chap. -10, Mar. 11, 1909. 3 ERIC A IW" ■ f r •• ri • (e) Military Schools. & 1010 Missouri: Repealing sundry acta and providing for the organization, armament, equipment, and discipline ami government of the state militia. Providing for the organization of cadets of military schools (sec. 59). P. 073, May 21, 1909. 101 1 Missouri; Constituting the department of military science and tactics of Drury College a military college, and appointing Drury College a post of the national guard. P. 093, Apr 19, 1909. 1012 North Dakota: Providing for instruction in military science at the normal industrial school at EHendale. Chap. 167, Mar. 11, 1909. m v i>vv\ ■ ■■■>- ' ■ - :c : ?y. _ *A. J PRIVATE HIGHER INSTITUTIONS* 21 * ed tal he ro* W, at ra- nt 16 , ri- Mi, nt to to ng its in it, ry al 1013 West Virginias Amending and reenacting chap. 27 1 "me. 173, Acta, 1908 (sp. seas.), relating to the appointment and term of service of cadeta in the university. ( hap. 21, Feb. 15, 1909. 1014 Wisconsin: Creating Avs. 649-35, 049-36, .and 649-37, Statutes, encouraging military instruction in a military school of the State that has been recognized and approved by the 1‘nited States Ciovernment. Chap. 294, June 5, 1909. . if) Miscellaneous Technical. 1015 Colorado: Authorizing students id law schools maintaining legal aid dispen- saries to appear in court and represent litigants. ('hap. 183, Apr. 23, 1909. 1016 Georgia: Declaring the name of the state technological school. To be designated as the State School of Technology. Res. 57, p. 1035, Aug^JJ, 1008 (sp. sow.). 1017 Indiana: Authorizing the trustees of the university to conduct a medical echool in Marion County; to receive gifts of real estate and other property on' behalf of the State, for the maintenance of medical education in said county. * (’hap. 40, Mar. 2, 1909. 1018 Maine: Providing for the purchase of a farm on which to conduct scientific investigations in orcharding. Chap. 17*, Feb. 23, 1909. 1019 Minnesota: Relating to the equipment and maintenance of a grain and flour testing laboratory at the college of agriculture; prescribing the duties thereof. Providing for the publication of bulletins. Appropriating $1 .000. y Chap. 199, Apr. 17, 1909. 1020 New Jersey: Enabling cities to appropriate annually money for the support of an art, science, and industrial museum therein. . Chap. 222, Apr. 20, 1909. 1021 Pennsylvania: Making an appropriation to the Academy of Natural Sciences, of Philadelphia. Act 645, May 13. 1 905#. (Approved in part.) 1022 Texas: Adding to the Agricultural and Mechanical College a department of instruction in the theory and practical art of grading, classing, and determining the spinnable value of cotton. Chap, 112, p. 220, Mar. 25, 1909. 1 R. PRIVATE AND ENDOWED HIGHER INSTITUTIONS: STATE CONTROL. ' 4023 California: Amending sec. 649 r Civil Code, 1906, relative to the incorporation of colleges and seminaries of learning. Chap. 35, Feb. 20, 1909. : 1024 California: Amending sec. 652, Civil Code, 1906, relative to the' consolidation of colleges and institutions of higher education. Chap. 253, Mar. 15, 1909; 1025 California: Amending sec. 650, Civil Code, 1906, relative to the powers of boards of trustees of colleges and seminaries of learning. Chap. 357, Mar. 20, 1909, ■ vft-V: ■ ■->,6 Si 214 state school systems: LEGISLATION, ETC., 1908-9. 1026 ! hdliM Authorising uni vmi lint, colleges, or other institution* of learning to provide for the election of director* or trustees by the board of directors or trus- tees from time to time instead of by stockholder* or subscribers to its funds; and providing for the transfer of its capital stock to the board of directors or tnisteea with authority ti> hold and vote the same for its benefit and to cancel such stock. r Chap. 52, Mar. *3, MH)9. 1027 NasHUrhtiHettH:] Incorporating the trustees of FtMK'how College, k Chap. 142, Mar. ft, 1909. • 1028 Blew Jersey: Enabling seminaries, nr school* of theology having a collegiate course preparatory to the* theological course, to grant ami confer academic and honorary degree*. 4 ' ' Chap’. 46, Apr. ft, 1909. 1029 Pennsylvania: Amending wc. 6, act 211, laws. 1895, relative to the incorpora- tion of ♦‘durational institutions with power to grant degrees. Empowering institutions devoted to a specific subject in art, archeology, literature, or science (medical and law schools excepted ), to work with a faculty of but th nn‘ regular professors and two instructors or follows^ without prejudice to their right, to comer degrees. ~'T > Act HI, Apr. 27. 1909. S. LIBRARIES. That the public library is an educational institution of first rank and that the library is an essential part of the equipment and activi- ties of the effective public school become increasingly evident each year. The estnblishnient~bf the county library system in California (1030), the creation of library commissions in Illinois (103?'), North Carolina (1(M1), Tennessee (1013), ami Texas (10*1 4), are re|p‘s<*nta- tive of the general library movement. The general tendency to give larger aijpport for school libraries is observable in practically every progressive State. • (a) General. 1030 * California: Providing for county library system*. Authorising establishment, providing for elections for, control, support, etc. . . ’ Chap. 479, Apr. 12, 1909. 1031 California: Providing for the equipment and maintenance of public libraries in unincorporated towns and villages; providing for the formation, govern- ment, and operation of library districts; the acquisition of property thereby; the ('ailing and holding of elect ions in such dist ricts; the assessment, collection, V custody, and disbursement of taxes therein; and creating boards of library trustees. 7 Chap. 480, %r: 12, 1909. 1032 Connectlcufr. Amending, in a minor manner chap. 98, Public Acta, 1905, relative to free public libraries. Chap. 100, June 23, 1909. 1033 Delaware: Amending secs. 1 and 2, chap. ,734, Laws, 1893, relating to a free ' library and the increasing of the usefulness of the publioachoolsof Wilmington. Increasing appropriation for the eupport of library ( ’-v.; Chap 105, Apr. 7, 1909 mmm. m 216 LIBRABIK8. to m- 1*; or 'el itO tid ty C6 ik r i- :h ia th li- fe c*y es n- y; •n. ry 15, a. f 1094 Delft ware t Amending chap. 136, Uwn, 1901, m amended by chap. 961, Laws, 1903, relftlive to the establishment ttid maintenance of free public libraries. Increasing a uthori red appropriation for support of lihniri<*. , Chap. 106, Apr. 15, 1909. *1035 Delaware: Amending sec. 2/ chap. 362, laws, 1903, relative to the eetahlislp nient and maintenance of free public libraries. Increasing appropriation therefor. Chap. 107, Apr. 15, 1909. 1036 Hawaii: Providing for the establishment and maintenance of the library <4 Hawaii. . Act 83, Apr. 15, 1909. * 1037 Illinois: Amending an act entitled, “An act to revise the law^n relation to the elate library," approved February 25, 1874, in force July' I, 1874 (chap. 128, p. 1005, Revised Statute*; l^j^, by adding three new sections, to be known as section* 10, 11, avid 12. Providing for a pi* tint men l and expense* of library* extension commission. Stating duties of cummitviou and requiring appointment of a lib rary organiser. Traveling libraries; clearing bournes. . ^ S. II. No. 375, p[2nL June 14, 1904f 1038 Illinois: Amending see. 1 of an act approved Marclr7, 1872, authoneing.ritiea, incor|>oruted towns, ntid township to establish and maintain free public libraries und reading nsuns. II. IV NV 7 \ ji. 274, June 14, 1909. 10719 Maine: Amending sec. 10, chap. 57, Revised Statutes, 19 13, relative to the establishment and. support of.flree public libraries. Increasing maximum appropriation for foundation from $1 to $2 for each ratable poll. Chap. 84, Mar. 16, 1909. 1040 New Hampshire; Amending sec; 9, chap. 118, laiws, 1895, relating to. public * libraries. Providing for the issuance and distribution of a library bulletin. ( hap. 41, Mar. 10, 1909. 1041 North Carolina: Establishing* a library commission. “Site. 4. Every public library in the State shall make an annual report to the commission, in such form on may be prtjcri bed by the commission. The. • term public library shall, for the purpose of this act, include free public libraries, subscription libraries, school, college, and university libraries, young men's Christian association, legal association, medical association, Supreme Court and State libraries;" Chap. 873, Mar. 9, 1909; 1042 Pennaylran'h: Amending* art 189, Laws, 1901, relative to the cooperation of cities of the third class, school districts thereof, and incorporated* library asao- tions therein, for the erection and maintenance of free public libraries. Establisliing a maximum and minimum rate of taxation for maintenance of such libraries. Act 157, Apr. 27, 1909. a* A043 Tennessee: Promoting the establishment, organisation, and> efficiency of free public libraries, school libraries, traveling libraries, and other libraries, and for that purpose creating a free library commission and defining its powers And duties. \ . Chap. 177, Mar. 6, 1909; V ■ ' TOF w~ V/ ><’:(■ }.' '■ £ *■ % : \ !» K • ^■•v : i-r VK *i 4~ «• ";i - J..: V* i '■ V . J. honzing cities, villages, towns, and ; school districts to establish and ain public libraries. Providing for the government and maintenance 4. Repealing: sundry acts. 1044 Texa*: Repealing art. 2806, and amending art. 28Q6, Revised-Civil Statutes, and creating a library and historical commission. Chap. 70, Mar. 19, 1909. 1045 Washington: Relating to public libraries and museums. Authorizing maintain pub thereof. Repealing: sundry i Chap. 116, Mar. 13, 1909. , i046 Wisconsin: Amending secB. 697-12, 697-13, and 697-15, Statutes, relative to county traveling libraries. . ' Chap. 185, May 26, 1909. (b) Public-School Libraries. ✓ 1047 California: Amending secs. 1715 and 1716, Political Code, 1906, as amended by chap. 6, Statutes, 1907, relative to district school libraries. “ Authorizing district libraries to become branches of county libraries. Author- izing appointment of librarian. Chap. 143, Mar. 10, 1909. . 1048 Iowa: Amending sec. 2823-p*, supplement to the Code, 1907,. relative to fur-, nishing a list of books suitable for use in school district libraries. Chap. 189, Apr. 15, 1909. . 1049 Minnesota: Appropriating money for deficiency aid to public libraries for the fiscal year ending July 31, 1909, ahd amending sec. 1426, Revised Laws, 1905* relating, to standing appropriations for school libraries and text-books. Making deficiency appropriation of $8,000. Prohibiting expenditures beyond annual appropriation. Chap. 144, Apr. 6, 1909. 1050 North Carolina: Amending sec. 4179, Revisal, 1905, relative to state funds for school libraries. . Surplus to be used for establishing new.libraries. 1 . Sec. 7, chap. 525, Mar. 5, 1909. 1061 Ohio: Amending sec. 3998-2, Revised Statutes, relative to libraries. Authorizing boards of education to appropriate land for library purposes and to sell real estate. S. B. 94, p. 16, Mar. 15, 1909 (sp. seas.), 1052 Pennsylvania: Amending act 291, Laws, 1895, providing for the establishment of free public libraries in school districts, except in cities of the first and second class. • ' Increasing the maximum rate of taxation from 1 mill to 1} mills, and estab- lishing a minimum rate of 1 mill. * 0 t Act 189, Apr. 29, 1909. 1053 Tennesse: 8m enactment No. SOS. 1064 # Utah: Ameiidingsec. 1815, Compiled Laws, 1907, relative to school. funds and providing for school libraries. - ' SionoN 1. # * * "It shall have the power to establish and maintain i- school libraries, which in districts that have no freejibrary or reading room may Ik 4k JkiMKrikAk-kA A ^ All t * — . J J.1 *. _ . it. Vfc a r^vl”0 the purpoed of purchasing books and 1 magazines for these school libraries, the Board shall set aside annually «fi n the tax herein provided an amount equal v fifteen cents per capita for each child in the distnet between the ages of six T A EDUCATION 01 SPBOIALCLABSEB. "217 r.l If 1055 thus created shall be expended under the direction of the State Board of Edu- i cation for such books and magazines as they shall recommend and under such regulation* as they may prescribe: provided, 'further, that this Act shall apply to all school districts outside of cities of the first and Becond class/* Chap. 44, Mar. 11, 1909. Utah} Establishing a state library-gymnasium commission, defining its powers, prescribing its duties, and providing for its maintenance. “Section 1. Commission created. A State Library-Gymnasium Commis- sion, consisting of five membero to be appointed by the State Board of Edu- ction, to serve without compensation, and to be under its general supervision, is hereby created. “Sec. 2. Terms. Oath. Of the membero ,of the first commission, one shall be appointed for one. year, one for two years, one for .three years, one for four years and one for five yeara. - As the term -of each member of the commission expires, his successor shall be appointed for a term of five years. Members of, the commission shall qualify by taking oath of office as prescribed by law: •provided that the term of office of the first commission shall date from ^ulv 1 1909. 3 1 . “Sec. 3. Shall organize. The commission shall- organize, immediately after • the appointment and qualification of its membero by electing from its membero a President and a Vice-President. The .commission shall also appoint a Sec- retary and Treasurer. , “Sec. 4. Purposes. The purposes for which the commission is established are to increase and improve educational advantages of the State by establishing . and maintaining free libraries and gymnasiums. • In order to carry but its pu£ poses the commission may receive and hold property, both real and personal, make contracts, sue and be sued, receive gifts, donations and bequests; it may enact by-laws and rules for the regulation of its work and do such other things as may bemecessary to promote its purposes. “It Bhail publish such lists of books, and circulars relating to its work as it may deem advisable. It shall make an annual report to the State Board of Education in which it shall itemize the receipts and expenditures of all money handled by it. Such reports must contain a full inventory of all booksand other nronertv hftlnntn nfr in t.no rnmmiaainn n I - vvuiiuii uno id utu’!! a oui oi me revenues oi tne otate, not otherwise appropriated, the sum of $2, 000.00, . or as much thereof as may be uecessary; provided, that all bills drawn against this fund shall be approved by the State Board of Education and authorized by the Board of Examiners.” ('hap. 57, Mar. 11, 1909. 1056. Wisconsin : Amending sec. 48Ga, Statutes, relative to township libraries. Defining more accurately the status 'of towite, villages, and cities of the fourth class, and joint districts. (’hap. 104, May 19, 1909. / T. EDUCATION OF SPECIAL CLASSES. . The development of the spirit of humanitarianism, with its result- ing influence upon the public-school system so as to provide for the educational welfare of special clasdfes of children, is among the inter- esting pheriomqna of present day. social arid educational activity. . The following enactments, relating to the education of the deaf and dumb, blind, crippled and deformed, and feeblerminded are evidence of the continued intent of certain States to leave no child without the scope of the influences bf the public school, and are consequently of a broadly significant character. Compulsory attendance and the designation of special institutions so as to indicate their distinctly ^PSPSEB® ; ' BTATE SCHOOL SYSTEMS ! fcEGISLAYMir, ETC., 1908-8. * (a) General. 1057 Colorado: Establishing and maintaining a state home and training school for mental defectives; appropriation. Chap. 71, May 5, 1909. 1058 Montana: See enactment No'. 62. 1059 Vermont: Adding to chap. 60, Public Statutes, 1906, relating to the instruc- tion of deaf, dumb, and other defective classes. Authorizing governor to provide for instruction of defectives in schools outside the State. Act 49, Jan. 7, 1909. (b) Deaf and Dumb. 1060 Arkansas: Amending sec. 4149, Kirby’s Digest, 1904, relative to the admission of deaf-mutes to the school for the deaf. I Act 56, Mar. 5, 1909. 1061 Arkansas: Providing for the support and maintenance of the Arkansas Deaf- Mute Institute. Providing for the employment of special teachers only (sec. 3); prohibiting nepotism. ' . Act 280, May 31, 1909. (Apr. 1, 1909.) 1062 Colorado: Declaring the school for the deaf and the blind to be one of the edu- cational institutions of the State. Chap. 155, Apr. 26, 1909. 1063 Florida: Changing the name of the Institute for the Blind, Deaf, and Uumb. Name changed to Florida School for the Deaf and Blind. Chap. 5927 (No. 58), May 22, 1909. . 1064 Idaho: Providing for the establishment, building, and equipment of a state school for the deaf and the blind; providing for the management thereof by the state board of education and for the issuance, sale, and redemption of bonds to raise money for the purchase of a site and for the building and equipping of 1 said school. H. B. No. 194, p. 379, Mar. 16, 1909. 1065 * Indiana: Amending sec. 1, chap. 209, Acts, 1901; relative to compulsory education. Providing for the compulsory attendance of blind and deaf children between the ages of 8 and 14 years. Chap. 146, Mar. 6, 1909. 1066 Iowa: Providing for the education of deaf and blind children at the school for the deaf and the college for the blind. (Additional to chapters 9 and 11 of the code, relative to the college for the blind and school for the deaf!) Providing for compulsory attendance of deat and blind children between 12 and 19 years of age. Penalties. Exemptions. Chap. 175, Apr. 6, 1909. 1067 Iowa: Amending sec. 2727-a, supplement to the Code, 1907, relative to the support of the Iowa school for the deaf at Council Bluffs. 1 > * * * ■ \ . / V, Provided the residence of indigent pr homeless pupils may, by order of the board of Control of state institutions, be continued during vacation months and for such purposes the provisions of thia section shall apply for twelve (12) 'months.” ' Sac. 2. • * * V*. 176, Ifer. 28, 1808. • ■K_ 1_1 : • ' ' ..c. M te &a . j.» ■ umwaj i .n .. v . w— ■ ■— ■ EDUCATION OF SPECIAL CLASSES, 1068 Minnesota: Amending sec. 1, chap. 407 1 Laws, 1907, relative to the attend-, ance upon school of deaf and dumb children and youth. Chap. 390, Apr. 22, 1909. * 1069 Montana: Amending sec. 1171, Revised Codes, 1907, relative to the admission, care, and retention of persons and children in the school for the deaf, blind, and feeble-minded at Boulder. Chap. 137, Mar. 10, 1909.. 1070 Nebraska: Changing the name of the institute for the deaf and dumb. Changing name to Nebraska School for the Deaf. Chap. 42, Apr. 3, 1909. 1071 Oklahoma: Jx>cating and establishing an institute of the deaf, blind, ami orphan home for the colored youth and making appropriation therefor. S. B. 106, p. 540, Mar. 27, 1909. 1072 Oregon: Providing for the removal of the school for deaf-mutes to a more favor- able location, for the utilization of the present buildings, and for the purchase of land and the Construction of buildings; making appropriation. Chap. 167, Feb. 23, 1909. 1073 South Dakota: Changing the name of the school for deaf-mutes, located at Sioux Falls. Name changed to South Dakota School for the Deaf. Chap. 37, Feb. 17, 1909. 1074 Wisconsin: Amending subsec. 2, sec. 573 (chap.* 128, laws, 1907), Statutes, i relative to schools for deaf pupils, and making an appropriation therefor. Providing for additional .state aid of $100 for each deaf pupil not residing * in the school district where the day school for the deaf is located, but residing in the State, who can not pay board and transportation. Chap. 537, June 17, 1909. (c) Blind. 1076 Delaware: Repealing chap. 142, Laws, 1907, providing for the education and trainingof indigent adult blind persons. Establishing the Delaware Commission for the blind, defining its powers ahd duties, and providing for an appropriation. “Sec. 5. It shall.be the duty. of every parent, guardian or other person having custody or control of a blind child or blind children between the ages of seven and eighteen years residing in this State, to cause said blind child or children to receive instruction ana training adapted for blind persons, for at least six months in each year until said child or children have attained the age of eighteen yeare. Any blind child mfcy be excused by said commission from receiving said instruction and training upon the presentation to said Qommiasion of satisfactory evidence that said child is not in proper physical or • mental condition to receive said instruction and training. Saia parent, guar- dian or other pemon having, custody or control of any blind child or blind children shall make application to said Commission for instruction and training fpr said child or children, upon receipt of a notice from said Commission to that effects Said Commission may recommend to the Governor oj. this State that said applicant be placed in an institution for the instruction a^d* training ■ of blind persons. The Governor may grant or refuse such application in his .discretion, and he is hereby vested with all the powers and discretion in regard to such application and recommendation as he, by law now has, in cases where application for instruction of indigent blind children is made through the * Judges of the Superior Court of this State." . * ' \ . Chap.78,MM,81, 1809* ->rr I 1076 Mlnnesotat * * * \ “Whereas, There are a number of blind person in the United States, who, with proper opportunities for an education, would become some of the best citizens of the country, tod who, by reason of their blindness would devote their whole power and energy to the up-building of the country and its instil tutions,. and would become some of the leaders in the councils of the nation and the state, and “ Whereas, The nation is “ committed to the promotion of the common * welfare ” of the whole people, and the number of blind persons would be com- paratively few, and but one college would be necessary, and ' “Whereas, It is the duty of every nation to look to and provide for the welfare of all citizens, and particularly those who have met with misfortune, either at birth or afterwards; therefore, u Be i it Resolved , By the slate Benate of the state of Minnesota, the house concurring, that congress be respectfully requested to provide for a national college for the blind where they may be properly educated in the higher branches of learning, and “Be it further Resolved, That a copy of this resolution be sent to each of our representatives and senators in congress, and that said representatives and senators be requested to support the Bame in congress.” Jt. Res. No. 6, p. 709, Mar. 3, 1909. 1077 New Jersey: Constituting a commission for ameliorating the condition- of the blind, apd defining its powers and duties. Chap. 136, Apr. 16, 1909. 1078 * North Carolina: Relating to the higher education of the blind. * * # “That whereas the nation has committed itself to the policy of special educa- tional aid to those who, through misfortune, are not able to avail themselves of tbp ordinary facilities for higher education, by the establishment and main- tenance for over. forty years of a college for the deaf at Washington, District, of Columbia, which is open tb all eligible applicants throughout the United States, free of charge; and whereas there are a number of blind persons in the United Stat& bo with similar opportunities for higher education, would become Valuable citizens of the country, useful and productive members of society and in some cases leaders in their communities and in the nation at large; and* whereas, at present, although it is fully Tecognized that it is by the. brain rather than by the hand that the blind are most sure to succeed, and that to none does a successfully pursued college course promise more than to the blind, yet only a very small number of blind persons, being such as are possessed of exceptional force of character and of independent financial resources, are able to obtain such benefits of higher education: therefore be it “ Resolved , , That the Congren of the United States be respectfully requested 1 to establish a national college for the blind, which shall provide for the higher general and musical education of that class, upon the same terms and condi- tions as now prevail in case,Of the deaf. “Be it further resolved , That a copy of this rcsolution be sent to each of the Senatoro and Representatives in Congress from this State and that they be requested to support the same.” Res., p.. 1366, Mar. 9, 1909. 1079 * Wisconsin: Amending sec. 579o chap. 128, Laws, 1907), Statutes, relative to city and village schools for the blind, state aid, and inspection. Providing for the establishment of state aid and inspection for day schools for the blind in similar manner to existing day schools for the deaf. Annual state aid of $200 per pupil. T % • Chap. 199, May 26, 1909. •.v . . . (d) Crippled and Defonned. 1080 Mfn£ iota: Appropriating money for thepurpose of constructing and equipping > sanitarium and school building or buildings for the indigent, crippled, and deformed children 61 the State, and for the care and education of such indigent, . crippled ^persons as may be admitted to such institution by the&tate board of control, t Cl -is , tar; 31, 1909. , . j.-:; EDUCATION 0P DEPEKDENT8 A2TODEIANQTJENTB. (e) Feeble-minded. 1081 Michigan: Revising the law relative to, the. care of the feeble-minded and epileptic. Act 101, May 18, 1009. 1082 Minnesota: Amending sec. 1914, Revised Laws, 1905, relating to admission to the Bchool for the feeble-minded, etc., by providing a department for incura- bles in connection therewith. . Chap. 80, Mar. 18, 1909. 1083 New Hampshire: Amending Bees. 5 and 7, chap. 102, L&wb, 1901, relating to the care and education of feeble-minded children. Chap. 47, Mar. 10, 1909. 1084 North Dakotas Amending sec. 1165, Revised Codes, 1905, as amended by chap. 237, Laws, 1907, relating to the inmates of the institution for feeble- minded. Defining certain* conditions for the removal of inmates; only upon written request. Chap. 213, Mar. 15, 1909. 1086 Oklahoma: Establishing an institution for the care, training, and custody of feeble-minded, idiotic, and imbecile children; and hhe care and custody of feeble-minded, idiotic, and imbecile female adults; providing for the control of said institution and making an appropriation for the construction and equip- .* ment of suitable buildings. S. B. 30, p. 534, Mar. 27> 1909. U. EDUCATION OF DEPENDENTS AND DELINQUENTS.® Properly speaking, the enactments of this group do not belong within a classification of strictly educational legislation. They are included* here, however, as evidences of the widespread legislative endeavors to meet the social and educational needs of those children who, under other circumstances, not only have the meagerest educational oppor- tunity, but who are most likely to become, without control and education, members of a nonsocial class. Particular attention and , emphasis should be placed upon the several enactments creating or modifying the juvenile court, which is generally recognized as a most valuable educational instrumentality. (a). General. ^ 1086 Arizona: Amending secs. 1, 4, 6, 8, and 10, chap. 78, Laws, 1907, adding to the 4 powers of the district courts with reference to dependent, neglected, incorri- gible, and delinquent children. $ ' Minor Amendments. e . Chap. 67, Mar. 16, 1909. * The particular purpoee'of this group baa been to select typical enactments rather than to make a com- plete and oompreUulye presentation of all the legislation bearing directly or Indirectly upon, the ^ueetlpn bf thfiteflJQftrol of dependent* spd delinquent* r sis 8TATE SCHOOL SYSTEMS I LEGISLATION, BTC*, 1908-0. S? 1087 Georgia: Providing for the establishment of children’s .courts as branches of the superior courts; officers; their powers, duties, and compensation. Act 1, p. 1107, Sept. 4, 1908 (sp. seas.). * 1088 Hawaii: Defining and regulating the treatment of dependent and delinquent children. Act 22, Mar. 13, 1909. 1089 Michigan: Amending secs. 1, 5, 9, 11, and 13, act 6, Public Acts, 1907 (extra sees.), relative to dependent, neglected, and delinquent children, to the juris- diction of probate court ind to the appointment of county agents and probation officem. Act 310, June 2, 1909. 1090 Minnesota: Relating to the appointment of guardians for dependent, neglected, and delinquent children, and for the proceeding against persons at fault for such dependency, neglect, or delinquency. “Section 1. This act shall apply only to children under tho age of seven? teen (17) years. For the purpose of this act the words ‘dependent child' angt ‘neglected child ' shall mean any child who for any reason is destitute or home-' less or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or who habitually begs or receives alms; or who is found living in any house of ill-fame, or with any vicious or disreputable pereons, or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care ijb may be, is an un6t place /or such cnild; and any child under the age of ten ( 10) years who is found begging, peddling or selling any article or singing or playing any musical in- strument upon the street, or giving any public entertainment, or who accom- panies or is used in aid of any person so doing. The words ‘delinquent child’ shall include any child under the age of seventeen (17) years who violates any law of this state or any city or village ordinance; or who is incorrigible, - or who knowingly associates with thieves, vicious or immora* persons, or who without just cause and without the consent of its parents or custodian absents itself from its home or place of abode: or who is growing up in idleness; or who knowingly frequents a house of ill-fame j or who knowingly patronizes any' policy shop or place where any gaming device is or shall be operated; or who frequents any saloon or dram shop where intoxicating liquors are sold, or who patronizes or visits anv public pool room or bucket shop; or who wanders about the streets in the night time without being in any lawful business or occupa- tion; or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train; or enters any car or engine without lawful au- thority; or who habitually uses vile, obscene, vulgar, profane, or indecent language; or who is guilty of immoral conduct' in any public place or about any school house. Any child committing any of the acts herein mentioned shall be deemed a delinquent child, and Bhall be liable to guardianship as hereinafter provided. The word ‘child ’ or ‘children’ may mean one or more children, and the word ‘parent’ or ‘parents’ may be held to mean one or both parents, when consistent with the intent of this act. The word ‘asso- ciation ’ shall include any corporation which includes in its purpose the care or disposition of children coming within the meaning of tins act. That a child is dependent, neglected or delinquent shall be a ground for the appoint- ment of a guid’d ian for such child. “Sec. 2. The judge of probate shall have jurisdiction over the appointment sk of guardians for dependent, neglected ana delinquent children. He shall provide himself with a suitable book .in which to record all proceedings taken under the provisions of this act, at the expense of the county, and ne shall, record in said book all proceedings taken in each case coming before him udder this act, but need not record any evidence taken except as it shall seem to . hifo proper and necessary. The reasons for ap pointi ng such a guardian shall be entered therein and any parent or the aft r any child may appeal from the final disposition of the guardianship matter by complying with the law regulating appeals from probate courts. “Sxo. 3. Any reputable person resident in the county, having knowledge of a child In his county, who appears to be either neglected, dependent or delin- quent, may file with the i te court of the county where such child resides, p petition in writing, setting forth the foots verified by affidavit. The petition ./ w ** EDUCATION OF DEPENDENTS AND DEUNQUENTB. 228 m#,-* shall Bet forth the name and residence of each parent, if known, and if. both are dead or the residence unknown, then the name and residence of the legal guardian, if known, or if not known, then the name and residence of some near relative, if there be one, and his residence is known. It shall be suffi- cient that the affidavit is upon information and belief. “Sec. 4. Upon the filing of the petition a summons shall T >e issued by the judge of probate of such county, requiring the pemon having ustody or con- trol of the child, or with whom the child may' be, to appear v >h the child at a place and time stated in the summons, which time shall not ..teless than twenty-four (24) houn^gfter service. Such summons shall be sor\ J as pro- vided by law for the service of summons in civil actions. The i irents of the child, if living, and their residence is known, or its legal guardian, if one there be, or if there is neither parent nor guardian, or if his or her residence is not known, then Borne relative, if there do one # and his residence is known, shall be notified of the proceedings. In every case the judge shall appoint some suitable peison to act in behalf of the child. Where th,e person to be notified resides within the county, service of notice shall be the same as service of the summons, but in any other case service of notice shall be made ' in such manner as the* court may direct. Notice by registered mail proven by receipt of letter containing same, shall be sufficient. If the person sum- moned as herein provided shall fail without reasonable cause to appear and abide the order of the court, or bring the child, he may be proceeded against as in case of contempt of court. In case the party served fails to obey the sum- mons, and in any case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may issue on the order of the Court, either against the parent or guardian or the person having custody of the child or with whom the child may be, or against the child itself. On the return of the summons or other process, or on the appearance of the child with or without summons or other process in person before the court, and on return of the service of notice, if thero be any person to be. notified or a 1 personal ap- pearance or written consent to the proceedings of the person or persons, if any to be notified, or as Boon thereafter as may be, the court shall proceed to hear and disposo of the case. Pending the final disposition of any case, the child may bo retained in tho possession of the pemon having the charge of the same, or may be kept in some suitable place detiignated by the judge of probate, at the expense of the county. Sec. 5. The court shall have authority to appoint or designate one or more discreet persons of good character to serve as proba.ton officers during the pleasure of tho court; such probation officers shall act under tho orders of the court in reference to any child or children, committed to his care, and it shall be the duty of said probation officers to make such investigations with regard to any child or children as may be required by tho coprt before or during the hearing of the application for a guardian, and to furnish to the court such information and assistance as the judge may Require, and to take charge of any child or children before hearing, during tho continuance of the hearing, . and after hearing until tho guardian shall assume the custody of tho child, whenever he may be so directed by tho court, and to keep such records and to make such reports to the court as tho court may ordnr or direct. Probation officers i appointed under authority of this act shall serv$wiihout compensation from the county save only that they may have the same fees as constables for Bimilar service, including all travel, when tho judge of probate court shall so direct. “Sec. 6. When any child under the age of seventeen (17) years, shall be found to be dependent or neglected, within tho meaning of this act, the court may make any order appointing a suitable guardian for such child, and such guardian may be any state institution or association willing to receive it, . embracing in its objects tho purpose of caring for or obtaining homes for de- pendent or neglected children, which association shall have been accredited as hereinafter provided. * . “SeO. 7. In any case where the court shall appoint as guardian of any child, any association, or individual in accordance with the provisions of this ket, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. ? Such association shall have authority to place such child in a family home of the same religious belief as the parentsol such child, with or without inden- ture, and may be made party to any proceedings for the legal adoption of the child, and may by its attorney or agent appear in any court where such pro- ceedings are pending and* ament to such adoption. And such i edt. «n mm m 3 'mmifwm ortOAhL flVl *%m a ' !-! 224 STATE 80H001U 8TBTEMS: LEGISLATION ,fBTC ., 1908-0. be sufficient to authorise the court to enter the proper order or decree of adoption. When adoption proceedings for any euch child or children are commenced, a copy of the petition in euch adoption proceedings shall be filed in the court which appointed the guardian for such child, at leaM thirty (SO) dayB before any final decree of adoption shall be entered. Such guar- dianship shall not include the guardianship of any estate of the child. “Sec 8 If any child so put under guardianship have any property, the income of said property shall, unless more than is necessary, be applied to the -education of such child, and upon cause shown to the probate court appointing such guardian, the principal or any part thereof, may be used for the ®& mo . purpose. Any parent may, after the expiration of any year of such Aardtan- rfiip apply to the probate court which has created such guardianship lor the termination thereof] and if it appears by clear and convincing evidence that the causes which produced or contributed to the dependency, neglect or delin- quency of such child no longer exist, the child, unless previously adopted, stall be restored to its parents. Ten days' notice by registered mail or by per- sonal service, of the hearing upon said application, shall be given to such child and the guardian thereof, and such guardian shall produce such child at such he “SKC 9 IiHhe case of a dependent, neglected or delinquent child the eour^ mav continue the hearing from time to rime, for the purpose of domgmore exact justice according to the feet, including such facts as may thereby become known to him, and may commit the child td the care or custody of a probat ion officer as a temporary guardian, or may allow said child to remain in its own home subject to the visitation of the probation officer, to be returned to the court for further proceedings at the time to which tho case nmy have been con- tinued. in case provision & made by voluntary contribution or otherwise for the payment of the board of such child, until a guardian is appointed and assumes his duties, such provision shall be considered by tl\e court in deter- mining what shall be done with the child during the continuance of the hearing, or the court may commit the child to any institution incorporated under the laws in this state, that may care for delinquent ehildren r and become their guardian The probation officer, when the court is of the opinion that guardian- ship would be ineffectual because of the serious delinguency of the child, «nay cause such delinquent child or the parent of any such delinquent child , or other Dereon guilty of any offense against thdiaws of the state, which offense is likely to have affected such child's conduct or character, to be proceeded against in accordance with the laws that may be in force governing the commission of crimes and misdemeanors, , , n , “Sec. 10. All associations receiving children under this act shall be subject to the same visitation, inspection and*supervision by the state board of control as are the plibllc charitable institutions of this state, and it shall bo the duty of said board/to pass annually upon the fithess of every such association as may receive or^esire to receive, children under the provisions of this act, and every such association shall annually, at such time as said board shall direct, make report thereto, showing its condition, management and competency to ade- quately care forsuch children as are, or may be committed to it, and such other facts as said board may require, and upon said board being satisfied that such association is competent and has adequate facilities to care for such children,, it shall issue to tire same a certificate to that effect, which certificate shall con- tinue in forced one (1) year, unless sooner revoked by said board, and no child shall be Committed to any such association, which shall not have received a certificate within fifteen (15) months next preceding the commitment. T he ' court may at any time, require from any association receiving or desiring to receive children under the provisions of this act, such report^ tnfonnation arid statements as the judge shall deem proper or necessary for his action and, the court shall in no case be required to appoint as guardian - of a child any associa- tion jritose standing, conduct or care of children, or ability to car© for the same, ^ belawMior persons having theu^ht to dispdse of a depen- dent or neglected child to enter into an agreement with any association or insti- tution incorporated under any public or private law of this state for the purpose of aiding, caring for or placing in homes such children, and being approved as herein provided, for the surrender of such child to such association or institu- tion, to be taken and cared for by such association or institution or put into a family home an/ik oitMommit mav contAin anv ana all proper* stipulations to T 'EDUCATION OF DEPENDENTS AND DELINQUENTS, 225 consent to its adoption and the order of the court made upon such consent shall, be binding upon the child and its parents or guardian or other person, the same as if such person were personally in court ana consented thereto whether made party to the proceeding or not. r \ “Sac. 12. The'court, in appointing a guardian for Children, shall select one holding the same religious belief as the parents of said child, or some association which is controlled by persons of like religious faith of the parents of the said child. Such associations shall have all control over such child given it by law over any child surrendered to it. “Skc. 13. This act shall be liberally construed to the end that its purpose may be earned out, to wit: That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents. “Sec. 14. The expenses of the proceedings provided for by this act, including the care of children during continuances when not with relatives, and fifteen cents a folio to the judge of probate for all records made by him additional to his salary, shall be paid by the parents of the child, if of sufficient means, and, if not, so paid by the county upon the- certificate of the judge of probate. f Suit to recover the same from the parents shall be brought by the county attor- ney when a judgment therefor could probably be collected. r< Sxc. 15. This act shall apply to all counties having a'populatiorr of leas than 50,000, according to the last state or national census. 11 Sec. 16. * * * • Chap. 232, Apr. 17, 1909. (June 1, 1909.) 1091 Minnesota: Amending chap. 92, laws, 1907, providing for . punishment of persons responsible for or contributing to the delinquency, dependency, or neglect of children under the age of 17 years and giving to the juvenile courts, in counties having over 50,000 population, concurrent jurisdiction over such offenses. Chap. 305, Apr. 21, 1909. 1092 Minnesota: Amending sec. 3, chap. 285, Laws, 1905, regulating the treatment and control of dependent, neglected, and delinquent children. Chap. 418, Apr. 22, 1909. 1093 Missouri: Regulating the treatment and control of neglected and delinquent children, and providing the necessary places of detention therefor; establishing juvenile courts in counties having a population' of 50,000 inhabitant* and over; defining the jurisdiction of such juvenile courts over juveniles, and repealing act of March 23, 1903, and act of April 18, 1905. P. 423, June 12, 1909. 1094 Montana: See enactment No, 62. 1095 Oklahoma:. Defining dependent, neglected, and delinquent children and regulating the treatment?, control and custody thereof by county courts. S. B, 88, p. 185, Mar. 24, 1909. 1096 Utah: Amending secs. 720x, 720x1, *20x2, 720x3', 720x4, 720x5, 720x7, 720x10, 720x12, 720x14, 720x15, 720x16, and 720x21, Compiled Lnws, li07, relating to juvenile courts, the title, term of office, xluties, appointment, and compensa- tion of the judge thereof and ether officers connected therewith ; providing for a juvenile court commission; specifying its duties and the duties of its secretary; defining the jurisdiction of juvenile courts providing for jurisdiction of dis- trict courts in certain districts; prescribing the powers, rights, proceedings, and practice of juvenile courts and providing for the maintenance thereof; pro- viding for appeals; disposing.of fines. * ' / " Chap. 122, Mar. 22, 1909. 1097 Utah: Amending secs. 720x24, 720x25, 720x29, and 720x32^ Compiled Laws, 1907, relative to the ipethods for the protection, disposition, and supervision of dependent, neglected, and ill-treated children; prescribing thfe punishment for such persons as are responsible for the care of children. * : Chap; 123* Mar, 22 , 1909. yp ‘ 86582 — 10— ^—15 ; 7y ‘ ' r *.V - >2> -i ■" z ... i . i.. . i hi 226 BTATB SCHOOL 8Y8TRM8 : LEGISLATION, BTC., 1908-0. f . (b) Truant and Detention Schools. 1098 Cattfornlat Providing for tho care, custody, and maintenance of dependent and delinquent minor childrenflbntil 21 yean of age. Providing* for their commitment to the Whittier State School and the Preston State School of Industry; establishing a probation committee and probation officers to deal with such children; providing for detention homes, and providing for the punishment of persons responsible for the dependency or delinquency of children. Chap. 133, Mar. 8, 1909. 1099 .Minnesota: Amending sec. 3612, Revised Laws, 1905, relative* to the adoption of children. . ^ Requiring the superintendent of the state public school' to join in all peti- tions for the adoption of a ward of such school. x ^ Chap. 81, Mar. 18, 1909. HOOsMImouH: Establishing a state industrial homo for negro girls; providing for a commission to locate and erect same, and appropriating money therefor. - • P. 599, Jt^e 14, 1909. HOI Nebraska: Providing for the creation and location of a state public school for dependent children and providing for the government of the same and for the care and custody of all the dependent children within the State. Repealing secs. 4, 5, and 0, chap. 35, Compiled Statutes, 1907. Chap. 69, Apr. 3, 1909. 1102 New Jersey: Amending sec. 6, chap. 37, Acts, 1906, as amended by chap. 307, Acts, 1908, relative to the establishment of schools of detention. *' Chap. 85, /fyr. 13, 1909. 1103 New Jersey: Amending sec. 1, chap. 37, Acts, 1906, as amended by chap. 307, Acts, 1908, relative to the establishment of schools of detention. Chap. 205,' Apr. 20, 1909. 1104 Nevada: Amending secs. 8 and 9, act of Mar. 1, 1873, providing for the govern- ment and maintenance of the state orphans' . home. Requiring county commissioners to provide places wherein male orphans 16 years of age and oyer may be taught a useful trade or occupation. Fixing age of majority of.{emale orphans at 18 years and male orphan* at 16. , Chap. 226. Mar, 25, 1909. 1105 North Carolina: Establishing a reformatory or manual training school foMhe« detention and reformation of the criminal negro youth of ^he State. Chap. 817 ; Mar. 8* 1909. 1106 Pennaylvadlg: Requiring counties now or hereafter containing a population of not less than 750,000 and not more than 1,200,000 inhabitants to establish and maintain schools for the care and education of male children under the juris- diction of the juvenile courts, and conferring the powers and regulating the ✓ proceedings for the establishment, maintenance, and management thereof. Act 195, May 1, 1909. ' 1107 i stand: Amending sec. 8, chap. 87, General LaVs, 1896, relative to a state home and school for dependent and neglected children. Authorising that the education of children placed in families may be received in suitable public schools other than those of the town or. city of residence, or - in private schools. Chap. 403, Apr. 29, 1909. i EDUCATION OF DEPENDENTS AND DELINQUENTS. 1108 Turns: Amending sec. 9, chap. 65, Laws, 1907, relating to the treatment and control of delinquent children. Providing for commiUnent to the state insti- tution for the training of juveniles. Chap. 55, p. 101, Mar. 17, 1909. 1109 T^xas: Amending sundry articles, title 54, Revised Statutes, 1895, relating to the house of correction and reformatory. Changing name and making sundry pro- visions concerning its support and control, etc. Changing name to “The State Institution for the Training of Jifvenilus.” Chap. 56, p. 103, Mar. 17, 1909. 1110 Utah: Amending secis. 720x 42 and 720x 43, Compiled laws, 1907, relative to the establishment and maintenance of detention homes for the care, custody, and education of dependent or delinquent children under 18. years of age. Chap. 110, Mar. 22, 1909. RECENT DECISIONS OF STATE SUPREME COURTS UPON TOPICS OF CURRENT INTEREST IN PUBLIC EDUCATION* EXPLANATORY STATEMENT. The following decisions of the highest courts of the States con- cerned have been selected for presentation here primarily by reason of their evident influence upon the schools of the States in which the derisions have been rendered, in addition to the fact that they deal with topics possessing more than ordinary interest to those engaged 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 secopd would carry the discussion beyond the present purpose. It has been deemed sufficient to present the fa/cts and opinions rendered, either in full or by digest, in each cose. EQUALITY OF EDUCATIONAL PRIVILEGES. I. Kansas. [Williams r. Board of Education of Clly of Parsons (suprvmr court of Kansas, D*e. 12, 1908), 99 P„ 216.] 1. "School* and School Districts— Place ok Attendance— Danger in Reaching. / Where children entitled lo school privileges In a edy. If required to ul lend a certain school dedg* nail'd hy the i of education, would 1*» exposed to daily dangers lo life and limb ao obvious and so uvai that in ihe excrete of reasonable prudence heir parents should not permit them to Incur the haxard necessarily and unavoidably involved in such attendance, they should not be compelled to attend the school so designated. * 2. Schools ai^d School District*— Public Schools— Denial of Equal Facilities. below the high' school, provided equal educational facilities are furnished: »ui wnerc uie nicaiioii of a school for one of theacclasaes is such that arorss to it fk b dangers to life and limb that children of the to attend it. such child tng them to attend sue! beset with such b that children of the class for w hich it is designated ought not to be required mi are denied equal educational facilities, and the action of the board requlr* :n school and denying them admission to any other is an abuse of dls «, and the action of the board requir* 1 denying them admission to any other is an abuse of discretion. Original action in mandamus by D. A . Williams against the Board of Education of the City of Parsons. Defendant moves to quash the alternative writ. Motion overruled. This is an original action in mandamus to comnel the defendant board of education to admit the plaintiff's children to the Lincoln School, in the city of Parsons, and to give to them educational facilities equal to those given to the white children in that city; the plaintiff's children being colored. It appears from the recitals of the alternative writ that the city of Parsons is a city of the first class, and that it is divided into four nearly equal parts by themain line ofthe Missouri, Kansas and Texas Railway Company, •For digests and citations to other decisions relating to public education, tee reference numbers pro- ceded by a capital 14 D," on preceding pages. > ! B^JitB BOHOOt STCTEilS t tiEGISIATJON, 5BTO., 1908-9. \ ‘ . . •'. ninning no^tb and south, and Main street, extending east and west through the city vot a long time the defendant has designated each of these divisions as separate school distocts for attendance of school children. The city is also divided into four wards in conformity with these four divisions, each ward containing a schoolhouse. The plaintiff s four children are from 6 to 16 years of age, respectively, and prior to the 28th day of September, 1908, had attended the Lincoln School, situated in the first ward being the northeast district of the city where the plaintiff resided. On that date the defendant made an order that the plaintiff’s children should attend school in the second or southwest ward requiring them to trayel a mile and a half to the schoolhouse in that ward, which was known and designated as the “colored school ” or school for colored children, which all children of African descent, commonly called “colored ” were required to attend. The plaintiff demanded that his children should be allowed to attend the Lincoln School, as they had theretofore done, which demand was refused and thereupon this action was commenced. ’ The Missouri, Kansas and Texas Railway Company has its machine shops, found- ries, and roundhouse in the city and maintains switch yards, side tracks, and other tracks adjacent to its main line, and seven of its divisions have their termini in the city, where its trains are made up and are constantly passing over those tracks, and its OBae© division extends from a point on its main line in a southwesterly direction. The $t. Louis and San Francisco Railroad operates a rslilrOad from Pittsburg to Cherry vale through the city, and also has side trackB and switch yards within the oity. The school for colored children is located on a piece of ground bounded on the east by the tracks of the main line of the Missouri, Kansas Una Texas Railway Company , on the west by the tracks of the Osage division of that railway, and on the north by tne tracks of the St. Louis and San Francisco Railroad. In order to attend the school as now required by the board of education, the plaintiff’s children must necessarily travel * over 13 tracks of the main line of the Missouri, Kansas and Texas Railway Company over which more than one hundred trains pass daily, and acrosa'the thre.e tracks of the St. Louis and San Francisco Railroad, overwhiob Aiaht: trains ™ ao an( j pas- _ .hese railroads uvci wiiivu me ciiuureu musi, iravei, so tnat their livcs^re imperiled and they are often so delayed as to make it impossible to determine when they should leave hope in order to arrive at the schoolhouse at the proper time. The school building is in such proximity to these tracks that the noise and confusion from the ringing of bells and blowing of whistles and the passage of trains is so great as to interfere with studies in the school. Because of the perils, noises, and confusion inci- dent to this situation, the long distance that the children are compelled to travel, and , unavoidable delays at the street Crossings where they are compelled to stand in all lands of weathef, the children of the plaintiff are practically excluded from attending the public schools of the city without endangering life and limb. The Bchoolhouse was located after the various railroad tracks were built. The alternative writ contains the following statement referring to the location of the school for colored children: “So that said building is bounded on theWeet by the main * line of the Osage division and seven contiguous side tracks; that said building is bounded on the east by the main Hue of the said Missouri, Kansas and Texas Railway Company and 12 side tracks lying contiguous thereto, and is bounded on the north by the mam lme # of said St. Louis and San Francisco Railroad Company and two side tracks lying contiguous thereto; that the Missouri, Kansas and Texas Railway Company operates at all hours of the day its engines, cars, and trains of cars over and u f*>P said side tracks and main lines of tracks as above designated.” The defendant moved to quash the alternative writ, and the present hearing is .upon this motion. This statement is based upon the recitals of the writ. C. 8. Denison, J. M. Nation, and W. I. Jamison, for plantiff. J. G. Slonecker, for defendant. Benson, J. (after stating the facts as above): The statute relating to schools in cities of the first class provides that: “The board of education shall have power to elect their own officers, make all necessary rules for the government of the schools of city under its charge and control, and of the said board, subject to the provisions Ofthia.act afflid me laws of this State; to organize and maintain separate schools for the educ&to jjf White md cm red. children, except in U»4 high school, where no discrimination shall be made op account of color; to exercise the sole control Over the Bwlfc schools and school property .of said city; and Shalt have the power to establish a Wgh school, and maintain the same in whole or m part by demanding, collecting, . r ®9 e , lvil ¥f a tuition fe© for and from each and eyery scholar or pupil attending such high school.” (Gen. St. 1901. sec. 6290.) . F ^ The jplantiffstates that the Question presented is, whether the defendant by locating tod constructing the school buildin/far colloid ohildmn described in the alternative writ is maintaining there a lawful school within the mean- ing of the law, or whether its construction in such perilous location is such an abuse of discretion as will sustain this action. He concedes that the board has the right under the statute to establish separate Bcheols for white and colored children, pro- vided *they are given equal educational facilities. It is also conceded that this court can not control the just discretion given to the board to locate and build schoolhouses and maintain schools as provided by law. No malicious motives are charged, and no fraud is implied unless it may be inferred from the location of the school in a place so manifestly perilous as to deprive colored children of their right to attend scnool. Upon the motion to quash, the facts stated in the alternative writ must be taken as true, and the single question is thus presented whether the location of the school building is such that as a practical matter the plantiff’s children can not attend school there. It is not a matter of taste or convenience (Reynolds v. Board of Educa- f tion t 66 Kans., 672; 72 Pac., 274) or freedom from necessary danger; but the question is whether the perils that must be encountered are so obvious and so great that, in the exercise of reasonable prudence, their parents should not permit them to incur the hazard necessarily and unavoidably involved in attending the school. The schoolhouse was located after the trackB referred to had been laid, and, it is fair to suppose, were being used. The extent of the area included in the school grounds thus surrounded by these tracks^ or the number of pupils attending the school, does not appear. It may be that a sufficient school population lives within such boundaries and in places reasonably accessible to make the erection of a echoolhouse there proper for their accommodation, and this may be, and it probably should be presumed is, the reason why this particular site was chosen; but it does not follow that children living in other parts of the city who would be compelled to cross the numerous tracks which the plantiff’s children must cross to reach the school should be compelled to do so or lose all educational privileges. The plantiff is called upon to choosy between a violation of the law ana the risk of fine and imprisonment by refusing to send his children to school, as provided in the act compelling such attendance (chap. 423, p. 650, Laws, 1903) and tne peril to their lives in crossing twice a day 16 railroad tracks upon which cars are constantly being switched, and trains made up and operated, with the incidental sounds of whistles and bells and all the noise and excitement ineident to such a situation. It would seem that ordinary prudence^ as well as just parental anxiety, would impel the father and mother to refrain from exposing their children to sucn hazards. That boards of education, and not the court, must locate schools, and that the boards must be untrammeled by judicial interferences the exercise of the discretion wisely committed to them by the law, is a principle to which we give full and hearty approval; but the situation here, according to the recitals of this writ, is so beset with impending dangers that we can not say that the attendance oLthese children at this school Bhould be compelled. We are constrained to say that the order of the board requiring them to attend this school, and no other, was, upon the facts stated in this writ, an “abuse of discretion.” As that term is ordinarily used, it implies - not merely an'error in judgment, but perversity of will, passion, or moral delinquency (And. Law Diet.), but the term is applied here to characterize the denial of the rights of citizens clearly given by the Constitution and the laws, which a just discretion will not permit. “It ie really a dis^fetioh exercised to an end or purpose not justified by, and deafly against, reason and evidence.” (Murray v. Buell ana Others, 74 Wis., 14, 19; 41 N. W., 1010.) Having power to maintain separate schools in cities of the first class, the duty rests upon boards of education therein to give equal educational facili- ties to both white and colored children in such schools. This requirement must have a practical interpretation, so that it may be reasonably applied to varying circum- stances. Its scope and purposes are stated in Reynolds v. Board of Education, supra, .and need not be repeated here. But, where the location of a school is such as to sub- stantially deprive a part of the children of the district of any educational facilities, i ; is manifest that this equality is not maintained, and the 'refusal to furnish such privileges, where it is practicable to* do so, is an abuse of discretion for which the courts will afford a remedy. Circumstances may exist where the absence of such privileges is practically unavoidable. It is possible that a family or several families may be located so that no school is accessible, but the facts here stated do not p^ent such an emergency. If it exist*, or if for reasons not disclosed in the alternative writ it k practicable for these cmldrem to attend the school provided by §se board, stogfo facto with any other matter of defense may be pleaded; In deciding this motion we only bold that upon the facts stated the plantiff m entitled to relief by mandamus— not necessarily, however, to admit Ms children, to Lincoln School, as requested, but to some school where they will have the privileges given to them by th? kw. to quash the ^tewmtive writ kyemded, • \ . o,- v. * €> — BYETEMB : LMISLATION* ETC., 190fr-9. 11. Kentucky. [Pro wee et al.e. Board of Education for Christo Couiti^oourt of appeals of Kentucky, June 18, 1900), 1. Statutes — Repeal — General Repeal of Inconsistent Acts. Act March 24. 1908 (Acts 1908, p. 133, chap. 56; Ky. 8t., 1909, sec. 4426a), relating to public schools, ' and providing that all laws, and parts of laws, In conflict therewith were thereby repealed, did not constitute the whole school law, but only repealed so much of the old law as was In conflict with the new. 2. Schools and School Districts — School System — Legislative Dbtermina- - TION. Under corwtltution, section 183, requiring the general assembly to provide, by appropriate legis- lation, an efficient system of schools throughout the State, it is for the general assembly to deter- mine what system will be most efficient. 3. Schools and School Districts — Statutes. Act March 24, 1908 (Acta 1908, p. 133, chap jjh* gv/» ' ritory lying outside of graded school districts. 4. Schools and School Districts — Constitutional Provisions— White and Colored Children. While the constitution requires the general assembly to maintain separate schools for white and oolored children, It does not require a separate system of education for both. ) 5- Schools and School Districts — Separate Colored Schools — Statutes. (Acts 1908, p. 133. chap. 50; Ky. St., 1900, sec. 4426a). regulating public schools, did not affect the provisions of the old law requiring separate schools for white, and colored chil- • dren, and forbidding white children to attend colored schools, or vice versa. 6. Schools and School Districts — Establishment — County Board. Act March 24, 1908 (Acts 1908, p. 133, chap. 66; Ky. St., 1909, sec. 4426a), regulating schools and school districts, vesta the power to establish school districts for white and colored children in the sound discretion of the county boards. 7. Schools and School Districts— High Schools— White and Colored Chil- dren. ; Act March 24, 1908 (Acts 1908, p. 133, chap. 56; Ky. St., 1909, sec. 4426a), for the governing and regulation of the common schools of the State, and providing that within two years after its passage there should be established by the county board of education of each county one or more county high schools, provided there was not already existing in the county a high school, which in that event might be considered as meeting the purooses or the act, was not unconstitutional for failure to require a separate high school for whites and blacks, and that, if a high school was established for whites, there would be a discrimination against the blacks, since the act did not contemplate any - such discrimination, but required an efficient system of separate schools for both races. 8. Schools and School Districts — Statutes — School Funds. Act March 24, 1908 (Acts, 1908, p. 133, chap. 56; Ky. St., 1909, sec. 4426a), regulating puSllc schools, is not unconstitutional in that It requires the fiscal court to make a levy sufficient to raise the sum found necessary by the board of education, Bince, in obeying the constitutional mandate to provide an efficient school system, the legislature must necessarily have the discretion of choosing Its own agencies, and conferring on them the powers deemed by it essential to accomplish the Required $nd. Appeal from circuit court, Christian County. i Suit by the board of education for Christian County against Charles 0. Prowse and others composing the fiscal court of that county, to obtain a writ of mandamus com- pelling defendants to make a levy for school purposes for the year beginning July 1, 1909. The court granted the writ as prayed, and defendants appeal. Judgment affirmed. Hobson, J.: Under an act entitled “An act for the government and regulation of -the common schools of this State,” approved March 24. 1908 (see Acts, 1W)8, p. 133, chap. 66; Ky, St., sec. 4426a), the board of education of Christian County, by written .statement, hgked the fiscal cowti ot that county .to make a- levy on all property subject to taxation under the act, sufficient to raise tm sum of $10, 000, exclusive of the cost of collection, te school purposes for the school yeanbeginning July 1, 1909. The fiscal ■advised by the county attorney that tfte act wart&nconstitutional, refused to make the levy, and thereupon the board ofi$ducation brought this suit in the Christian circuit court to obtain a writ of mandamus against the members of the fiscal court conffpelllng them to make the levy. The defendants entered their appearance, : and filed a demurrer to th© petition d - The cotet overruled the demusnjiir, The defend* r\V;> BE0E3SOT SUPREME OOUET DECISIONS. PPPPiPPPil ! The ants declined to plead further, and the court granted the writ as prayed defendants appeal. \ftiile die act makes radical change in our present school laws, it was manifestly not mtended to be the whole law on the subject. The repealing clause is in these words: All laws and parts of laws in conflict with this act are hereby repealed/’ Under this provision only so much of the old law as is in conflict with the new law is repealed. There are many subjects embraced in the old law which are not touched by the new; and it is manifest from the act that it was only intended to change the existing law in the particulars to which it relates. Section 183 of the constitution requires the general assembly to provide by appropriate legislation an efficient sys- tem of common schools throughout the State. What system will be most eflScieDt is for the judgment of the general assembly. The legislature was of opinion that the old system was not as efficient as it should be, and that some change was necessary. It also evidently concluded that the proposed change would make the schools more efficient. In a matter like this, resting within the discretion of the general assembly the court will not substitute its judgment for the judgment of the assembly, and it will not interfere with the action of the legislature, unless a palpable effort to evade the mandate of the constitution should appear. The common school system hereto- fore has consisted of a school in each district controlled by throe truptees elected in that district. The mam purpose of the act in question is to substitute a county board having control of all the schools in the county, for the district boards of trustees hereto- fore existing. Graded schools are excepted out of the operation of the act. The act °ift app e territory lying outside of any graded schoofdistrict. The white children and the colored children within any city or graded school district remain under the old law, and are in nowise affected by this act, as it only applies'to that part , of the county outside of these districts. No injustice is therefore done either the white or colored children in graded school districts by the act; for these districts are governed by the old law, as though this act had not been passed. In providing for a u i j. oai . l ve chftt K® °* the schools in the county outside of the graded school districts, whether white or colored, the legislature did not introduce a new idea into our laws. We have the same system now in the cities of the Commonwealth and the experience of the working of these boards in the cities no doubt prompted the legis- lature to extend the same system to the country districts. While the constitution requires the general assembly to maintain separate schools for white and colored chil- dren, it does not require a separate system of education for both. We have always had one state superintendent, who has charge of all the schools of the State; one state board of education, whose jurisdiction extends alike over white and colored people* one county supenn ten dent, who has charge of all the schools in the county. To pro^ vide for a county board of education is in line with the laws that have always been in force. If the law does not work well in its present shape, the general assembly may remedy the evil, but this is a matter addressed to its discretion. The act is not uncon- stitutionsJ because the legislature provided for only one county board of education All of the provisions of the old law requiring separate schools for white and colored children, and forbidding that white children shall attend colored schools, or that colored children shal 1 attend white' schools, are left in force by the act. In fact, section u toe a ? t f^ 0 ^ 12 ** 5 that there must be separate districts for white and colored children. It is insisted that under section 2 of the act a school district may not con- tain less than 40 white children nor more than 100, and that as the districts are to be established on this basis, great injustice may be done the colored children. To pre- vent this, section 17 was inserted in the act, giving the county board power to consoli- date any two or more districts with reference to the needs of either white or colored children. If there are not enough colored children in any district, it may be con- solidated with some other colored district, so that injustice shall not be done. The question of laying off the counties into districts so as to do no injustice to either race is not without difficulty, as there are in some of the counties of the State a large number of colored people, and in a large part of the State few or no colored people And so the legislature left the matter of the school districts to be worked out by the county boards in each county according to their sound discretion, upon the idea that these hcmrds being upon the around could solve the question better than the legislature. yearn sifter its passage there shall he estahlSied, ?£ county board of education of each county, one or more county high schools kfflht. already etdsttog In tie county a high school, arid that, in tffi T?. school may be cOnmdered as meeting the purposes of the act, without we establishment by the board of a high school. It is insisted that the act is void bemuse .t does not require a separate high school for whites and blacks, and that, if a eajablMhed far whites, there will he a discrimination against the blacks, curved that the act requhes the heard to establish pne dr' more high Thd act also provides taftt the mtmey derived feomthe taxes bespent * •*, ' f' BTATIE BCHOOL systems S- LEGISLATION, ETC., MS-#, » by the tig^^cording to its beet judgment to promote the cause of education in the coUn ty . rV '^jfhen the board of education shall discriminate against either race, then the race di ^criminated against may raise that q uestion . The act does not contemplate that th&eefi&U be any discrimination. The act is passed under the provision or the con- stitution requiring the legislature to provide an efficient system of common schools, and to maintain separate schools for white and colored children. The duty imposed fey the constitution upon the legislature is the same as to both^white and colored chil- dren both as to Bepsrate schools and as to the efficiency of the schools. The county board hold office under the constitution, and in discharging their duties they should administer the funds as provided by the constitution, according to their best judg- ment. There is nothing m the act authorizing any discrimination. The act is not unconstitutional in that it requires the fiscal court to make a levy suf- ficient to raise thesum found necessary by the board of education. In obeying the con- stitutional mandate to provide an efficient system of common schools the legislature must necessarily have the discretion of choosing its own agencies, and conferring upon them the powere deemed by it necessary to accomplish the ends aimed at. The whole subject of common school education is confided to the judgment of the general assem- bly by the constitution. It may create such agencies as it deems proper to carry out the provisions of the constitution. The general assembly comes fresh from the peo- ple. After a short session of sixty days it returns to the people, %nd if any measures conceived by it to provide an efficient system of common schools throughout the State shall not prove satisfactory to the people, they have ample remedy in their own hands to correct the evil. While Kentucky has spent large sums for education, the fact re- mains'' that our percentage of illiteracy is far above the average in the Sthtes about us; and it must be concededby all that there was urgent need of some action by the general assembly to provide a more efficient syBtem of common schools than we have had. On the whole cose, we find nothing in the act that is unconstitutional. Judgment affirmed. ip. Mississippi. [McFarland, Tax Collector, et. al. v. Goins (supreme court of Mississippi, Nov. 2, 1900), 50 So., 493.] Constitutional Law— Class Legislation. Laws, 1908, page 92, ohapter 102, authorizing a county to establish one agricultural high school for instruction of its white youth, and to support it by a tax on all taxable property therein, contravenes Constitution United States, amendment 14, section 1; its object or necessary effect being to abridge the privileges or Immunities of a certain class of citizens, or dony them the equal protection of the laws. Appeal from chancery court, Jasper County; Sam Whitman, jr., chancellor. Suit by Robert Goins agaiqst W. J. McFarland, tax collector, and another. „ Judg- ment for plaintiff. Defendant’s appeal affirmed and remanded. The appellee filed a bill in the chancery court to enjoin the appellants, who were the tax collector and treasurer, respectively, of Jasper County] from collecting a special tax levied to support and maintain an agricultural high sctipol in said county, estab- lished under chapter 102 of the Laws of 1908, on the ground that the collection of Such a tax and its application for such a purpose would be in violation of the Constitution of the United States, and that said act was unconstitutional. The defendants de- murred, the court overruled the demurrer, and this appeal is prosecuted. Mates. /.> In 1908 the legislature passed an act, entitled *‘An act to provide for the establishment of a county agricultural high school,” etc. This act is chapter 102, page 92, Laws, 1908. and by section 1 it is provided “that it shall be lawful for the county school board of any county in the State to establish one agricultural high school in the county for the purpose of instructing the white youth of the county m high school branches, theoretical and practical agriculture, and in such other branches $s ti ite board hereinafter provided for may make a part of its curriculum.” By section 2 of this act it is further provided that the board of supervisors of any county, where an agricultural high school has been established by the county school board, shall have me power, if necessary, to levy .a tax on the taxable property at the time the annual tpx levy is made for the support and maintenance of the said school, etc. Section % of article 14 of the amendments to the Constitution of the United States makes ,<( &P persons born on r natas^izedf-m the United States, and subject to the juris- diction thereof, citizens of the united states and of the State wherein they reside,” further provides that. 4 - no State shall make or enforced any law which shall abridge the privileges or immunities’ of citizens of the United States, # * nor deny to any person* within its jurisdiction the equal protection of the laws.” When the act in question is read in the light of the fourteenth amendment to the Constitution of theTJnited States, its violation of same is too plain for argument. By section 1 of the oi 1908 provision is made for the establishment of an ^cultural h%| school ■yim RECENT SUPBEitE C0X7BT DECISIONS. 285 the white youth only, «d by section 2 of the same act this school is to be sustained by tocfttion on all taxable property that is, by taxes raised on the property of botn white and black for the use of the white citizen only. We are not to be understood «s holding that a statute could be passed which provided that the revenue raised for the support of the school could be raised by taxation only on the property of the white citizen for the white school .and not be in violation of this provision of the Constitu- tion of the United States; but we cite the method of taxation to emphasize the inequal- ity of the law. • ... M If the fourteenth amendment of the Constitution of the United States means any- thing at all, it certainly means that all citizens of the United States shall stand equal before the law, arid that no special privilege or benefits shall be given to one class of citizens to the exclusion of the other as a matter of statutory enactment. This does not mean that the legislature of the State can not paps laws the object of which is to prevent a social commingling of the races; rior does it mean that an act of a legislature which in its administrative effect fails to work out an exact proportion of benefit to the two races is in conflict with this amendment to the United States Constitution: Kilt a law Ifl nnltr lrni A tttK nn < ia nU ! CT a. * -L * 1 . 1 . . . * 256, and West Chester & Phila! Ry. Co. ti. Miles, 55 Pa., 209; 93 Am. Dec., 744, it was held that a state statute which provuled separate railway carriages for the white and colored races was not in violation o! the fourteenth amendment of the Federal Constitution; and in the case of Berea College v. Kentucky, 211 U. S., 45; 29 Slip. Ct., 33; 53 L. Ed.,— , the Supreme Court of the UnUed- States sustained a statute of Kentucky which provided for the separation of the races in the public schools Civil rights do not mean social rights, and the courts, both state and federal recog- an< * further realizing that no man-made law can force this condition of affairs, have steadily upheld all laws that merely had. for their object tlfls disassocia- tion of the two races as promotive of the peace and welfare of all the citizens * (See ■ citations 175 U S 528; 20 Sup. Ct., 197; 44 L. Ed., 262.) But, while it is true, no decision of any federal or state tribunal has yet been called to our attention, nor do we think it will be so long as the fourteenth amendment is in existence, upholding a statute taxing the property of the two races for the benefit of the one. Counsel for appellant cite the case of Cummings v. Board of Education, 175 17. ,8. 628; 20 Sup. Ct., 197; 44 L. Ed., 262, as an authority sustaining the validity of the act in question; but this case is not at all in point. In the case just cited it was shown that the board of education charged with the administration of the school laws main- tained a primary school for white and colored children, and in addition to this also maintained a high school for the white children, discontinuing the high school for the colored children for the reason that the available funds were needed for primary schools for a much larger number of colored children than attended the high school. In short, the administrative school bdard was making the best application oi the funds on hand in order to bring about the greatest service, and the United States Supreme Court held that in so doing they were not denying the colored children the equal protection of the law, nor any privilege or immunity guaranteed by the fourteenth amendment. But in the case now before the court tne very law itself creates the school for white children only, and imposes taxes on all taxable property for the purpose of raising revenue for the support of this school, and bv its very terms excludes the idea that, whatever conditions may exist, any such colored school can be created. Section 533 of the code of 1906 leaves no doubt as to the complainant's right to file this suit, and we think that the bill states a perfect case. The chancellor having overruled the demurrer to complainant's bill, the case is affirmed and remanded. • SECTARIAN INSTRUCTION. IV. Wisconsin. [Dorner et al. e. School District No. 6 at al. (supreme court of Wisconsin, Nov. 27, 1908), 118 N. W., 351, V SOHOOLS AND SCHOOL DISTRICTS — MEMBERS — RIGHT TO SUE. . the re,uet " lteor P or “ 10 “ 2. Equity — Equitable Principles— Enforcement of Legal Rights. wuaV 8 m" ento ' om ““ t o,a rtriot 'os* 1 bowevw ol t, U Uw.1i/1qJiMUM. o ERIC 8TATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9. 8. Equity— Right to Relief— Laches. Equity will refute to set aside consummated and completed transactions to the Injury of those who nave acted In mod faith at the suit of complainants who by laches, or tellurs to protest on opportunity before the acts were done, have Induoed or justified belief that they acquiesced In and approved such acts. *4. Schools and School Districts — Maintenance op School — Sectarian Instruc- tion— District Officers— Liability— Rio ht to SCo.» 102 Wis. 181, 77 N. W. 885, 78 N. W. 451, 72 Am. St. Rep. 870; No Trust Co. v. Snyder, 113 Wis. 616, 89 N. \V. 460 ; 90 Am. St. Rep. 867.) But, since the applica- tion must be to a court of equity, equitable considerations will guide and control in granting or withholding relief. The court will not coerce the enforcement of a strict legal right, however clear, if thereby injustice and inequity will be done. In devel- opment of this rule it is well settled that a court of equity may and should refuse to upset consummated and completed transactions to the hurt of those who have acted in good faith at the suit of plaintiffs who, by laches^r failure to protest upon oppor- tunity before the acts were done, have induced or justified belief that they acquiesced in and approved such acts. (Helms v. McFadden, 18 Wis. 191; Cr&s v. Bowker, 102 Wis. 497, 78 N. W. 564; Frederick v. Douglas Co., 96 Wis. 425, 71 N. W. 798; McCann v. Welch, 106 Wis. 142,151, 81 N. W. 996.) This rule was applied by the circuit court, who found as facts that plaintiffs and all other taxpayers had been cognizant of the manner of conducting the school, and that the electors of the district each year had been informed that tne money had been spent for such purpose, and, without protest from any, at each meeting directed like expenditures for the ensuing year. Such finding is not antagonized by any clear preponderance of evidence. On the faith of such acquiescence, believing that all taxpayers approved, the defendant officers have parted with the money, and quite obviously, must lose it if compelled to reimburse the district. These plaintiffs at least can not equitably ask that the defendants so suffer for acts induced and invited by plaintiffs' own conduct. 2. We find no error in the trial court's refusal to enjoin the district and board from maintaining a common school in the' parochial school building. Incidentally it may be noted that there is no prayer for such specific relief, but the court considered the question, and we will poorest upon that defect j^in the pleadings. Inferentially, at least, every school district i»commanded to maintain a common school, for it shall be put out of existence if it does not. (Sec. 423, St., 1898.) True, this district owns a schoolhouse, 28 feet by 18, which is obviously wholly inadequate for a common school free to all.the 200 or more scholars of the district. Non constat anything in the record or evidence, it may bo wholly unable to construct a more commodious one. The school district has express power to vote a tax to hire a schoolhouse. (Sec. 430, subd. 5. St., 1898.) The school board are empowered, when directed by the electors, in the alternative to purchase or lease a site for a schoolhouse, and to build, hire, or purchase a schoolhouse, and to sell and convey any site for schoolhouse, the property of the dis- trict. (Sec. 430, St., 1898.) We find nothing either in the expression or policy of the statutes to prevent the school district in meeting assembled or the school board from hiring a building or part of a building in which to maintain the public school, not even though the d 5 4 • : -t may already have a schoolhouse and the hiring may be by way of accommodation for overflow in excess of the accommodations orthe schoolhouse so owned. Hence we think that the affirmative grant of powers above mentioned, fairly and reasonably construed, is sufficient to enable the district to maintain a common school in the parochial school building and its discretion in that regard should not be controlled by th* court. We are convinced that in the respects assailed by appeal the judgment is correct. Judgment affirmed. 238 STATE SCHOOL SY8TEM8: LEGISLATION, ETC., 1908-9. LOCAL TAXATION. V. Georgia. Cole man et al. v. Board of Education of Emanuel County et al. (supreme court of Georgia, Dec. 1,1908). 03 S. E., 41.) 1. STATUTE^ — EXPRE88ION OF SUBJECT IN TlTLE. The act approved August 21, 1900 (Acts, 1900. d. 61), amending the act approved August 23, 1905 ( Acta, 1905, p. 425), Is not unconstitutional on the ground that the provision in the body of the act for the levy of a “local tax for public schools” Is unauthorised by too caption of the act, Which described the tax to be levied as a “ local tax * * * for educational purposes.” 2. Schools and School DisTRitrrs— Taxation— Statutory Provisions— Validity. The act referred to in the first headnotels not violative of article 7, section 1, paragraph 1, and article 7, section 0, paragraph 2, and article 8. section 1, paragraph 1, of the constitution of the State of Georgia, as embodied in the Civil Code, 1895, sect Ions 5882, 6892, 59UG, because the act fails to spec- ify on Its face that the local tax assessed for educational purjKkses shall be used for the instruction of children In the elementary branches of an English education, nor because the act falls to provide on its face that the schools shall be free to all children alike, nor because the act fails to specify that the schools for -the white and colored races shall be separate. With reference to these matters and details In the conduct of schools and application of the money raised by taxation, the act referred * to will be construed in connection with existing laws. . 3. Schools and School Districts— Taxation— Statutory Provisions— Validity. Nor does the aefcdreferrcd to in the first beadnote violate article 7. section 2, paragraph 2, of the constitution of Georgia, as embraced in Civil Code 1895, section 5884, because the act recites that the tax will be Imposed upon “all the property of fhe county,” without making any express pro- vision for the exemption of certain classes of property, which, under Political Code IS95, sections 762. 763, are exempted. The act is to be construed in connection with those sections of tik code, apa not as repealing them. 4. Constitutional Law— Due Process of Law— Taxation. Nor does the failure of the act in question to provide expressly for contesting an election author- lied to be held thereunder before the law becomes effective in a given community by any person, or for “having his rights or Interests thereunder Inquired into or passed upon,” render the act ob- noxious to article 1, section 1,' paragraph 3, of the constitution of the State of Georgia, nor to ifrlkMe 6 of amendments to Constitution of the United States (Civil Code 1895, sections 5700. 6018), declar- ing that no person shall be deprived of his property except by due process of iaw, nor to article 14, paragraph 1, of amendments to Constitution of the’ United States (Civil Code 1895, section 6030), de- claring that no Slate shall deprive any person of life, liberty, or property without due process of law. 6. Schools and School Districts— Contests of Elections. As a general rule, courts of equity will not deal with contests of electlons: ( but, where a statute authorized a tax on property, and provided that the law should become operative in any county or school district only on condition that at an election to be held for the purpose the requisite vote should favor the law being made applicable, If, after a pretended election, the levy of a tax on the property of a taxpayer Is attempted, equity will, upon appropriate allegations in a petition of the taxpayer, inquire into the validity of the election. 6. Constitutional Law — Governmental Powers— Delegation— Submission to Vote. The legislature has power to enact a law which shall become effective in a particular county or district upon a vote of the people thereof at an election. 7. Schools and School Districts— 1 Taxation— ElectioL— Petition— Construc- tion. v . The petition to the ordinary Involved In this case considered 1 ^ a whole was for a county election, and the order for a county election was not void on the ground that it was based on a petition fora district election. 8. Schools and School Districts— Elections— Place of Holding— Irregu- larity-Effect. « Upon the contention ihat the returns from certain precincts should have been excluded on the ground that the election therein was held at other places than at the lawfully established precincts, the evidence authorized the decision of the presiding judge against such contention. Eleotions- TORN8. -Irregularities— Registration Lists— Consolidation of Re- That the registrars, because of lack of sufficient time before the election, failed to purge the regis- tration list, but furnished to the election managers unpurged lists, except at one precinct, where no list was furnished, and that the superintendents of election failed to consolidate the returns from the several precincts promptly at noon op the day next succeeding the election, and received returns from a precinct which did not arrive until 2 o'clock, and received returns which had been sent by mall to the ordinary and by him opened and delivered to the superintendents, are Irregu* laritles resulting from a failure to observe statutory provisions which are merely directory, and, Id the absence of any fraud or evidence that persons bad voted who were not authorized to vote, or had been deprived of voting who were entitled to vote, and that such votes would have changed the result of the tytottoh, will not ho sufficient cause to m aside 6&© entire election. F HE CENT SUPREME COURT DEOI8IOK8. 289 10. Refusal op Interlocutory— Injunction. Upon the whole c tlon preyed for. *, the presiding Judge dkl not err In refusing to grant the Interlocutory Injuno* Error from superior court, Emanuel County, B. T. Rawlings, judge. Equitable petition by J. C. Coleman and others against the Board of Education of Emanuel County and others. Judgment for defendants and plaintiffs bring error. Affirmed. Coleman and others, as citizens and taxpayers of the county of Emanuel, on behalf of themselves and all other citizens occupying a similar position, filed their equitable petition against the members of the board of education and also the commissioners of roads and revenues, for the purpose of enjoining the assessment and collection of a local tax in that county for educational purh^ee. The act of 1905 (Acts, 1905, p. 425), as amended by the act of 1906 (Acts, 1906, p. 61), under which the election was held, was attacked as unconstitutional on numerous grounds, and the election held under it was also attacked as invalid for various reasons. Upon the hearing the pre- siding judge refused to grant an interlocutory injunction, ana the plaintiffs excepted. AtkinsoW. J. : Several previous attacks have been made upon the constitutionality of the act of 1905 (Acts 1905, p. 425) as originally passed, and also as amearded by the act of 1906 (Acts 1906, p.61). (SeeGa. R. Co. v. llutchinson, 125Ga. 762,54 8. E. 725; Brown v. So. Ry. Co., 125 Ga. 772, 54 S. E. 729; Edalgo v. So. Ry. Co., 129 Ga. 258, 58 S. E. 846.) So far this legislation has withstood tne attacks made upon it, except as to a part of the act of 1905 before its amendment; and the validity of the amended act is now again vigorously attacked on the ground that it is unconstitu- tional. 1. It is contended that the act contains matter in its body which is not covered by the caption, because in the caption the language used is (a) “Local tax for educa- tional purposes,” while in the body of the act language is used referring to (a) “local tax for public schools.” Public schools are instrumentalities for educational pur- poses. If the provision in regard to the manner of voting in the election in the use of the words “public schools,” when considered in connection with the immediate contract, varies at all from the ‘nation, it is not broader than the caption, "but nar- rower. The bod\ of the act in this respect does not contain matter pot covered by the caption, but rather language which is overlapped and more than covered by the caption. There is no law which makes an act unconstitutional because language employed in the body of the act is not as broad as might be warranted by the caption. (Plumb v. Christie, 103 Ga. 700, 30 S. E. 759, 42 L. R. A. 181.) 2. It is urged that the act is violative of the constitutional provisions embodied in Civil Code, 1895, sections 5882, 5892, 5900, because it fails to specify on. its face that the local tax assessed for educational purposes shall be used for the instruction of chil- dren in the elementary branches of an English education, which is the kind of edu- cation within the purview of the constitutional provisions cited, and because it fails to provide on its face that the schools shall be free to all children alike, or that there shall be separate schools for the white and colored races. The act providing for the-, holding of local elections,, and, upon a favorable result thereof, the imposition of a local educational tax, is not void because it does not provide for the details of the application of the fund, being passed to carry into effect the constitutional amend- ment adopted in 1903 (Laws 1903, p. 23), and in connection with the school laws of th* State, which already cover the subjects referred to, and dealing with the general school system of the State as already established. The act is not void because it does not enter into details as to the manner of conducting public schools, or the u$e of the fund arising from the taxes, which will be assessed. If the fund be rightly raised, but officers charged with its administration should proceed to make a wrongful use or application thereof, it will then be time to complain, 3. Again, it is said that the act conflicts with the constitutional provision con- tained in Civil Code 1895, section 5884, because certain property is by that provision permitted to be exempted from taxation, and that certain property has by the legis- lature been exempted from taxation accordingly (Pol. Code 1895, secs. 762, 763), and this act declares that a tax shall be levied on “all thq property ” in the county with- out mentioning that which has thus been exempted. But where, under express constitutional provision and legislative action in pursuance thereof, certain property has been lawfully exempted from taxation permanently, the omission in this act to specifically mention such exemptions will not render it void. The purpose of the act considered as a whole.ie not to increase or diminish the subjects of taxation, but to provide for local taxation for educational purposes to be assessed upon the same property as that subject to other taxation, after the provisions of the act nave become of force in the locality under an election. It has been held that the tax digest and the returns. to the comptroller general can be looked to in determining the property sub- 240 STATE SCHOOL SYSTEMS l LEGISLATION, ETC., 1909-0. loot to this tax (Ga. R. Co. v. Hutchinson, 125 Ga. 762, 54 S. E. 725), and they do not include exempted property. Construing this act in connection with the general tax laws of the State, the ground now urged is without merit. The act did not seek to repeal sections 762 and 763 of the Political Code of 1895, by implication without referring to them. On the contrary, it is to be construed in connection with them. 4. The plaintiffs in error contend that the act is in conflict with the provision of the constitution of this State, declaring that no person shall be deprived of his prop- erty except by due process of law (Civ. Code 1895 secs. 5700^6018), and that of the United States, declaring that no state shall deprive any person of life, liberty, or property without due process of law (Civ. Code, 1895, eec. 6030). The con- tention is that the act under consideration deprives the plaintiffs of their property without due process of law, becauseno provision is made by its terms for contesting the election by any person, “or having his rights or interests thereunder inquired into -or passed upon.” It may bo noted that there is a difference between the power of a court to declare an act unconstitutional if lit is in violation of any provision of the fundamental law, and the necessity for reciting such a power on the face of the act itself. It is not generally necessary that an act should recite that the courts may in- quire whether it was lawfully passed, or whether it is in accord with the constitution of the State. The powtr to test the act by a comparison with the constitution is one inherently residing in the courts, and it is unnecessary for the act itself to recite such power. Bo far, therefore, as any question of constitutionality of the act itself, or of the provisions for holding an election by virtue of it, are concerned, it needs no recital of authority on the part of the courts to deal with the subject-matter. If the tax sought to be assessed is without constitutional authority, it is no tax in law, and the courts can so declare. (Civ. Code 1895, sec. 5733.) 5. Counsel for defendants in error contended that this was in effect a proceeding to contest an election; that such a contest was a matter pertaining to the political department of the government, rather than to the judicial department; ana that a court of equity has no inherent power to determine a contest of an election, but only such authority as may be conferred by statute. On this subject he cited Caldwell t. Barrett, 73 Ga. 604; Tupper v. Dart, 104 Ga. 179, 30 S: E. 624; Ivey v. City of Home, 129 Ga. 289, 58 S. E. 852. He also contended that the declaration, by the ordinary, of the result of the election, was ministerial, but conclusive, and that the courts can not go behind it, and on this subject he cited Skrine v . Jackson, 73 Ga. 377- Meadows v . TayloT, 82 Ga. 738, 10 S. E. 204; Harris v. Perryman, 103 Ga. 819, 30 8. E. 663; Harris t>. Sheffield, 128 Ga. 299, 57 S. E. 305. The general proposition that the courts of equity do not deal with the contests of elections is quite true. In matters touch- ing the exercise of political functions the method of determining the result of an election pointed out Dy the legislature is ordinarily the one to be followed; and, if the lawmaking power has expressly provided in an act a mode of contesting an election, that method should be pursued. Whether a claimant of an office has such a property right or interest in the office and its emoluments and rights as gives him a remedy by quo warranto, without concluding him to contesting the election, is not here involved. The question presented in the case before us is of a different character. It is not a contest of an election. The legislature has provided for the imposition of a tax upon property, and has declared that the law should become operative in a county or district when put in force by an election called in a certain manner, and determined by a certain majority of voters. A person against whose property such a tax is assessed and sought to be enforced can raise the question of whether there is any lawful authority for such assessment and enforcement. He may attack the con- stitutionality of the act; and, if such an attack is successful, there is no authority in law for assessing the tax, and hence none can be lawfully assessed. The legislature has not directly declared that the educational tax shall be imposed upon all counties. They have only provided for such imposition upon condition that an election is held, and that two-thirds of those voting m a county election shall cast their ballots in favor of the local taxation. (Acts 1906, p. 68, sec. 3.) Where the local authori- ties seek to assess and enforce a tax against property, the property owner may con- test their authority to do so, on the ground that the act has not become applicable in the county.- and that, therefore, his property can not be subjected to the tax. In Pickett v. Russell, 42 Fla. 116, 28 South. 764, it was held that “ equity has jurisdiction to enjoin the assessment and collection of acrillegal tax levied upon real estate, which, if assessed or collected* will cast a cloud over the title to such real estate, ana, where such levy to be valid must be authorized by the result of an election previously held, the court of equity has jurisdiction, in the absence of other remedies at law, to inquire into the validity of such election in bo far as the authority Jto) levy and col- lect the tax is derived theretocm,” In Union Pacific Ry. Co, t>. Cheyenne, 113 U. 8. 616, 625, 6 Snap. QL 601, 606, 28 X#, Ed. 1098, in the opinion of Mr* Justice Bradley it RECENT SUPREME COURT DECISIONS. 241 w»a said: Even the cloud cast upon hia title by a tax under which a rale could bo made would be a grievance which would entitle him lo go iuto a court of equity for relief.’ (See, alee, Ogden City v. Armstrong, 168 V. S. 224, 18 Sup, Ct. 98, 42 L Ed. 444 ; Mayor of Macon v. Hughes, 110 Ga. 795, 36 S. K. 247.) In this case the act makes no provision for any method of contesting the election at law or the question of whether theiegislative provisions in regard to the local educational tax have gone into effect legally in any given county. When, therefore, it is sought to assem and enforce such a tax against the property, the owner thereof has a right to call into Question the authority under which the local ollictTs are proceeding, and to sav that the law is void or the election is invajid. We do not mean to say that every irregu- larity or failure to comply strictly with directory provisions of the Jaw will invalidate such an election and render its result of no force as an authority to the officers to proceed; but we do mean that, if the election or attempted election was such as to be unlawful and to confer no valid authority uj>on the local officials to proceed to assess and collect the tax, the property owuer could set up and establish that fact and could prevent the title to his property from being beclouded with an unlawful assessment and seizure. In Caldwell v. Barrett, 73 Ga. 004. supra, the question arose under an election to determine the question of prohibiting the sale of liquors in a certain county, and the act provided the manner in which th? election should be held and the vote should be ascertained, and gave authority lo the county commissioners to throw out any illegal vote. In Skrino t\ Jackson, 73 C.a. 377, the election involved was on the question of -fence of no fence" in a certain county, and the act of the legislature under which it was held provided that the returns of the election should be made to the ordinary, 11 who* is required to examine the same, and to decide upon all questions which may arise out of said election, nmf ho shall proclaim the result.’* In Meadows r. Taylor, 82 (ia. 738, 10 S. E. 20*1, the election involved was again in regard to fences and stock law. The question there involved was also whether, where a petition had been filed with the ordinary to call an election, a counter petition could he filed and a hearing had by the ordinary, or whether the duty of that officer in regard to calling an election upon a proper petition therefor was ministerial In Harris v. Perryman, 103 (ia. 810, 30 S. E. 663, the question was again raised in regurd to an election whether or not the stock law should be adopted and put in force in a certain district. Ilillsniau r. Harris, 84 (liu 432, US. E. 400, involved the changing of the lines of a militia district. Meadows t\ Taylor, 8« Ga. 804, 13 S. E. 155, grew out of the same stock law- election as that involved in‘82 Ga. 738, 10 S. E. 204, supra. Harris t*. Sheffield, 128 (ia. 290, 57 S. E. 305, arose under a contest provided by statute m cases of local option elections in regard to the sale of intoxicating liquors, and involved a construction of the section of the ('ode touching such a contest. Ivey v. City of Rome. 129 Ga. 28y a property owner, the burden is upon him to show such lack of authority ; and this is true whether he claims the lack of authority to arise from an unconstitutionality of the law or because the attempted election was so abortive in character as not to make the law applicable to the locality, and therefore not serviceable as authority for levying and (Ndlceting the lax. 6. It was urged that the legislature did not directly impose this tax, but authorised a submission to.the people at an election of the question of whether it should Ik* im* posed in any particular county or district, and that tho act was therefore invalid. But it is well established that* the legislature has power to enact, a law which shall become effective in a particular county or district upon a vole of the |H*ople thereof, at an election* (Caldwell r. Barrett, 73 C»a. (KM; Mayor of Brunswick r. Kinney, 64 Gt. 317 (6): Cooley’s Con. Lim. (7th ed ), 1C3 et seq.) 7. The plaintiffs in errt>r further maintained that the petition which wo* presented to the. ordinary was to hold a district election under section 4 of the act of 1905 as amended by that of 1906, while the order of the ordinary was for a county election, and hence that the election held tfiereunder was void* The petition presented to the ordinary, wheu considered as a whole, show’s that it was for a county election. It recited that it was made by the voters of the county of Emanuel; that there was no local tax for educat tonal purposes in that county; that on© was desired; and that onp-fourth of the voters of the county made th© application and prayed an election to be held under the act of 1905 as amended by the act of UKXi, referring to the whole act by volume and pages of the published laws. It is true that the petition adds: “Said election to be ordered anti held in accordance with the provisions of said act as amended, and especially the provisions of section 4: said aci to bo fauna in Public Acts of 1906, page 61 et seq. ’■* Section 4 of the amended act has reference to distinct elections; but it is evident from the whole petition, which was not by volem of a dis- trict and asked for 'no district elections, that tho number of sections mentioned- was a mere inadvertence or .clerical mistake. The iietitiou in its entirety was 4or a county ) i \ 8. It was contended bv tho plaintiffs that in certain districts the election was not held at the proper precincts. The orders establishing the various precincts were not introduced, except in one instance, where an order far nn election in a district oeveral years previously-referred to the place in that district where tho ©lection would- be held. Evidence was introduced pro and con as to the places where tho elections had been ordinarily held in different districts. Some of it by which the plaintiffs sought to show that the election yas held at places other than tho regular precincts, or to locate such precincts, referred to dates quit© long past. Thus one witntes stated his knowledge of where electkme were held in a district "as late as” 1878, and another •' as late as” 1880. The election under consideration was held in 1907. The allegations on this subject were denied by tho answer, and, under the evidence, there was no error, on tne part of the presiding judge in denying an injunction on that ground. It was not shown that the election was void, or that the officers were wrongfully proceeding under it so m to require an injunction for that reason. In one case the house in which elections had been held in a certain district appeared to have been destroyed by fire, and the election was held in another house near by in full view. There was no evidence that any voters were ignorant of the place where the election was held, or were misled or failed to vote on account of the irregu- larity, if there was any in this respect. „ 9, The plaintiffs allege that the registration lists furnished by the registrars were copied from the book prepared. for a white primary election, and in the Fifty-third district. of the county there were no lists furnished at all, but the election managers used the voters- book, which had never been purged. It was admitted by the defendants that no list, of registered votera was furnished the managers in the rifty- third district, but it was contended that every citizen qualified to Vote had full opportunity to do so; that no qualified person was deprived of that privilege by reason oF any of fne matters complained of, and that the vote was honestly and correctly consolidated and the result was legally and properly declared. It appears that in the Fifty-third district 125 votes were cast in favor of the local school tax and 138 against Mt; so that, if the returns from that district were to be thrown out altogether* it would hot benefit these plaintiffs. Certainly such an irregularity would not show that the election, would have resulted otherwise than it did nad the list been regularly made, or that Up entire election Was void. ( r RECENT SUPREME cbUBT DECISIONS. 248 Evidence was introduced by the plaintiffs to show that the time which elaperd after the board of registrar* of the county received' notice of the election to bo held on July 10, 1907, was so short that they did not have time to prepare and puree the reflation lists of the county; that the tax collector, clerk, and ordinary furnished no list of tax defaulters, and that therefore no registration lists were made up by tho board of registrar* by puryin* the list as provided by law. The election was called on June 20, to.be held on July 10. It did not appear that the registrars did not fnnush lists, with the exceptions referred to above; but the contention was that the lists wen? not made up and 1 purged as the law directed. This was an irregularity a grave one; and while the time -was short, it would aeem that by diligence and industry perfected lists might hayeWn made. Hut these plaint iffs carry the burden of showing thflt the election held did . not confer authority upon the local officers to ossces and collect the tax as already stated. It does not appear that any unqualified voters participated in the election, or that any persons whoso ;«mo* should have lx*en stricken off of the list voted, or that the election would have resulted otherwise had this imvularity not. taken place. While we do not mean to approve of irregular rogirtnilion lists or irregular modes of conducting, an olein ion, we can riot say that the omission here referred to was such as to invalidate the entire election and authorize the plaintiffs to treat it as a nullity or as conferring no power on the local officers, to net under duo declaration of the result. Oft the subject of irregularities It was still further urged that, when the superintendents of the precinct* assembled at the county site U »eonso|id ate the vote at noon on tlienext dav after the elertion, the rot urns from one district had not arrived, and they did not roach the consolidators until 2 o’clock, but upon arriving before the consolidation had been Completed thev were included in it. In another district of the county the rot urns were not sent for consolidation by one of the sujieriniendiMits of the election, but by a letter sent to the ordinary, which he opened and delivered to the consolidators, ‘and the vote* were included in making up the eonfcjlidated returns. It was urged at.theee • [^regularities in the returns should have excluded the votes in those districts from being oonsidcMfl. that, if this had been done, it would have affected the result, and that therefore, the election and the declaration thereof- was void. The ordiiiary tertined.that he delivered the rotums thus received to the consolidators; and there was no intimation in the evidenc e of any fraud, tamj>criiig with the returns, or other wrongdoing. Apparently the letter was delivered to him at the time for the consoli- dation. instead of to the superintendents, and he at once, upon opening it -and ascer- taining what it was, delivered it to them. These things were irregularities, but they were not such as to render the election void. . There is a marked distinction between mandatory provisions of the law' in regard to elections and those which are directory to the officials in holding them. A substantial violation of mandatory provisions affects the validity of- the election. A failure of strict compliance with directory provisions of the law will not,generally do so, esivccially where there is no fraud, and wffiere it does not appear that the result Would have been otherwise if there had been an exact compliance with the law. Section 12, Political Code, 1895 declares that “no election shall be defeated for noncompliance with the requirements of the law, if held at the proper time and. place by persons qualified-to hold them, if it is not shown that, by that mmcompliance, the result is different from wffiat it would have bet>n had there been proper compliance.*’ This section occurs in chapter 7 of the Political Code of 180/*, on the subject of contested elections. Its spirit certainly applies with equal force to a case which is not strictly a contest of an election, but . where it is scught to have the election and its result declared void and as conferring no authority upon public officials to act ..under it in the assessment and collection « » *«• (See Joesey v. Speer, 107 Ga. 828, 33 S. E. 718; Weil v. Calhoun- (C. C.), 25 Fed. 805 (7, .lib) In Gilleland t\ Scbuyler, 9 Kans, 569 (8), it was said that “mere irregularities on the part of election officers, or their omission jto observe some merely directonr provision of the law, will not vitiate the election.*’ : In the opinion, that distinguished jurist, Judge* Brewer, who was then a member of the supreme court of Kansas, said: “Questions affecting the purity of elections are in this country of V1 ^P 0 ^ 06, t T ppn them hangs the experiment of self-government. The problem is to secure, first, to the voter a free, umtrammeled vote; and, secondly, a correct record and return of the vote. It is mainly with reference to these two results that the rules for conducting elections are prescribed by the legislative bower.. But theee rules are only means. The end is the freedom and purity of the election To — — | r— i j • 244 ' BtiTB SCHOOL SYSTEM^ : LEG^LAMOH, ETQ., lMfr-4. j hold theae rules all mandatory, find essential to a v&lid election, is to subordinate | substance to form, the end to the means. Yet, on the other hand, to permit a total neglect of all the requirements of the statute, and still sustain the proceedings, is to forego the lessons of experience, and invite a disrejtjard of all those provisions which the wisdom of years has found conducive to the purity of the ballot box. Ignorance, inadvertence, mistake, or even intentional wrong on the part of local officials should not be permitted to disfranchise a district. Yet rules, uniformity of procedure, are as essential to secure truth and exactness in elections as in anything else. Irregulari- ties invite and conceal fraud.” He also stated that, “unless a fair consideration of the statute shows that the legislature intended compliance with the provision in relation to the manner to be essential to the validity of the proceedings, it is to be regarded as directory merely.” In the statute of this State on the subject of consoli- dation of returns in such elections (Pol. Code 1895, sec. 72 et seq.), it is provided that the superintendents of precincts must send all certificates and other papers of the elections, including the oallotA, under seal, to the county seat for consolidation, in charge of one of their number, which papers must be delivered there by 12 o’clock f m. of the next day after the election. Section 73 provides that any superintendent of an election failing to discharge any duty required of him by law is liable to indict- ment. It does not declare that the election shall be rendered void by reason of a failure of strict compliance with the requirements of the law as to tho transmission of such I returns. The provision is for a criminal procedure against the officer, not for nulli- fying the election. We think it is quit© clear that these irregularities did not I authorize a court of equity to declare the election void. We thoroughly concur in . , the opinion of Jtfdge Brewer that irregular conduct on the part of officials in regard [ "to an election Bhould neither be encouraged nor permitted. It opens too widely , the door for fraud and wrongdoing which may defeat the will of the people as actually expressed at the ballot box, but the irregularities complained of in this case were I at most violations of directory provisions of the law. - No fraud or wrongdoing was shown, and it did not appear that the election would have resulted otherwise if there had been strict compliance with the directions of the law. See in this connec- tion Brockenbrough v. Cabell, 2 Bartlett (Contested Elec. H. R. U. S.) 79; Richards Case, 1 Clarke mnn4inn ? ' , w Alpha Chapter of Sigma EiUon fXX and ! tfhS'hSi who — . , v A. . **** »n»wu qrancu or cnapter of t Se A bSndlnv aP t^h^te F T^ ,l W nd wh0 had entirecharge’ and Management of hulldlng, the furnishing of food/’ and the hiring of servants. The house was usea as such Sf£SSJ?5?? U rtl°" y ffr* 8 a , hon ?° w ,’ here th ® students lived while attending the S it n?w XJKi? SBor ° f l , he un,v « r ? ,t 3 r “ved * n the building, or bad any control ormanwement of . . other than the general supervision ond control exercised over the general student bodv Th« expenses of maintenance, Including board, fuel, service, repairs, and Si ne<1 am ® n K the^ctive members or the chapter, no income or profit being divided among the stockholders, and no rental for the use of the lana was exacted bv tne nnivAriltv , nK I2i S 07 ; ! he p[? lnllff «<»™ ‘axed the chapter house d S3 estoiTu/dw th? STin. 5 .Kifiih 1 ® 8 ’ cha P t * r ®> Section 3, and which said tax the defendant refused to dot on the that the property was exempt from taxation. pay on Tne Tha t the corporate purposes of the defendant are neither literary nor scientific but Srr£on ey W domest,c r * n the imture of a private boarding house, and Si Is the business k RpL 2 n t n «m e , decant ,s ent A tled ne,ther 10 exemption from taxation as an elucatiotel or* 3? ’SSlSSauf iZuZI™hIwXZ° r ln8tn ' meDtallty of the 8tou - but th “ bufagalnst a M^raw^d^lnS^mlentiMr^ra^on 08 DOt * ***"'*' ,be '*«'«**'***», Report from supreme judicial court, Penobscot County. ^ ct j° 4 n ty t . he town of Orono against the Sigma >lph$ Epsilon Society. Caaeie- ported to the law court. Judgment for plaintiff. Action of debt to- recover a . tax for the year 1907, assessed by the plaintiff town against the Sigma Alpha Epsilon Society, a corporation located in the plaintiff town When the action came on for trial, an agreed statement of facts was filed, and the ease was reported to the law court ufcon the same with the stipulations that, “if upon such facts the court is of Opinion thW the action is maintainable, judgment is to be entered for the plaintiffs for the sum of $84, with interest , as claimed in 5ie writ other- wise the plaintiffs are to be nonsuited.” Argued before Emery, C.V., and Whitehonse, Spear, Cornish, King, and Bird, //. Cornish, J . : This is an action of debt for a municipal tax for the year 1907 and T", ° n a W, ee ? foment of facts. The defendant admits that the assessment of the tax and all of the proc eedings connected therewith are regular in form, but denies liability on the ground that the property is exempt from taxation. It appears from the agree** statement that the defendant, a Greek-letter fraternity is a corporation organized November 13, 1903, under the general laws of this State for the J? ting and maintaining a chapter house on the campus of the Uni versity of Maine, and to hold and dispose of all such real estate and personal property by pur- fu e ^’ ** S\u r -° 5® 118 ma y be necessary for all such purposes and any and fron!l 1G t l i aCta f aUd thln ?® inc *dent tber fJo an d necessary, proper, and convenient to the transaction of any such business of said corporation.” i? cordance with its chartered rights the defendant corporation in 1904/under a parol license granted to it by the trustees of the university, erected upon land of said di^nhiTr^m" ? r f°h° a fr * m ? buil ^ in f’ called a chapter house, with properly equipped SiAkT’ &Rc hen » study a d Hl ^ pin g r0 oms, recep tion rooms, and the like, the 4 u in I P ? Vlde ?aL y issuing its corporate notes to the amount of $10,000, guaranteed by the trustees of the university under authority of chapter 393, page 681 “dSpec’al Laws 1903, to which reference will be made hereafter ’ Sn April li if fir - 111 au ! 1 wafla8fle88ed7 thl8 building was used and occupied by about ;d 8 tuuents of the university, who were mertibers of an unincorporated branch or chap- InA mh* h i end ?i nt coy P° rat, °“ known M Alpha Chapter of Sigma Epsilon Fraternity^ aSd MS er, f li 5? cha ? e *> Cu _ I inn ,* . . • tionaJ ‘Bystem of the State. Even when power was conferred upon the trustees by chapter 393, page 681, Private and Special Laws 1903. to guarantee loans for the con- struction of fraternity houses, it was expressly provided that “nothing herein con- tained shall be construed as binding the State of Maine io pay said loans, or any of them, or any part thereof, or any interest thereon; and provided further that no appro- priation therefor shall be hereafter asked of the State off Maine.” No language Smi v! rr.?*"-?- :v" -^ ---T'’~i <# - ■; . .1 -;'T'T'-t./ ■ t- ■■■; — 8XATK SGH00L STSTBMS : I^ISIATION,E1>0., 1906-0. more plainly recognise the distinction between the corporation and the State. The legal status of this institution has been and is the same as that of the other colleges in Maine, chartered by Massachusetts or by Maine, Bowdoin College, Colby College, and Bates College. They are each doing excellent work along the lines of higher educa- tion, but not one of them is a component part of the State’s educational system. The difference between the relation of the normal school'a^gd of the University of • Maine to the State is paralleled in the difference between the various so-called public or gen >ral hospitals of the State and the two hospitals for the insane. The former are doing u necessary and charitable work and are recipients of the bounty of , the State, but the latter alone represent the State itself in its sovereign capacity along charitable lines. The foraer are apart from the State; the latter a part of the State. Actions "at law would lie against the former as against any other corporations, but not against the latter, as no suit lies against the sovereign power. The defendant calls attention to the case of Auditor General v. Regents of the Uni- versity of Michigan, 83 Mich., 467, 47 N; W., 440, 10 L. R. A., 376, where the court held that property owned by the defendants was owned by the State, and therefore excunpt from taxation under a statute exempting all public property belonging to the State. The court, however, in that case based their decision upon the fact that by the con- stitution of Michigan, the regents of the university are made an agency of the State. “ By these provisions,” say the court, “the. body corporate, which was at first the ..creation of. the legislative will, •• received the sanction of. the constitution and has become a part of tne fundamental law, and in some respeefs is not subject to legislative control or interference. It is not, however, independent of, but is a part of, the State, a department to which the education of literature, science, and the arts is confided.” This strikingly different situation readily distinguishes that case from the one at bar. That decision is in. entire harmony with this opinion. 3. The second step by which the defendant corporation seeks to appropriate any such immunity from taxation as might belong to the university is equally difficult, of accomplishment under the facts as they exist, but it is unnecessary to consider the reasons at length, because the first step is itself impossible. The defendant corporation is entitled neither to exemption as an educational or scientifi^uistitution, nor immunity as an agency or instrumentality of the State. Its property was subject to taxation by the plaintiff town, and in accordance with the stipulation of the parties the entry must be: Judgment for the plaintiff for $84, with interest, as claimed in the writ. VII. North Carolina. [J. R. Collie, Appellant, v. Commissioners of Franklin County (supreme court of North Carolina. Aluntst • ■* term, 1907),. 146 N. C., 170.f Civil action, brought \o August term, 1907, of Franklin superior court by the plaintiff and in behalf of other taxpayers of Franklin County, against' the board of commis- sioners of said county, to restrain said board from collection of a tax levied at the meeting of June, 1907, of 1 cent on the $100 worth of property and 3 cents on each taxable poll, for the support and maintenance of the public schools of the county, in addition to and beyond the limit of 66} cents on the $100 worth of property and $2 on each taxable poll levied for general state and county purposes in said county in said year. Plaintiff obtained. from Hon. C. M. Cooke, judge resident of the fourth judicial district, a temporary restraining order, returnable before himself. Upon the nearing his honor dissolved the restraining order, and plaintiff appealed. William H. Ruffin for plaintiff, appellant. F. S. .Spruill, Charles B. Aycock, and R. B. White for defendant, appellee. v . Brown, J: It is admitted unit the questions presented by this appeal have' been passed upon adversely to the contention of the defendant in two cases. (Barksdale v. Commi onere; 93 N. 0., 473, and Board of Education v. Commissioners of Bladen, 111 N. C., 578^ We are now asked to review those cases and disregard them as prece- . dents in the decision of this case. As those cases involve a construction of certain sections of the constitution relating to a question of taxation, and involve no right affecting the life, liberty, or property of the citizen, we can see no reason why they should continue to guide us, if time and reflection have convinced is that they are not correct interpretations of the letter and spirit of our organic law. We are not lacking in respect ior the opinion of the eminent judges who decided those cases because we happen to differ from them in our efforts to gather from that instrument the true intent and puipoee of its framers. The doctrine of stare decisis in worthy of all respeOt* and should pe accorded due weight in the consideration of all cases, hut ; the doctrine, where it does not involve the rights of the citizen, should not be carried 1 1 BECENT SUP&EME COtttT DECISIONS. of the constitution intended to promote the progress, prosperity, and welfare of the ^ 9 d ’ lt mi * 1 8t remembered that the cases cited are somewhat weakened as authoritative precedents by dissenting opinions in each of acknowledged power and force of reason. Section 1, Article V , of the constitution directs the levying of a capi- tation tax by the general assembly "which shall be equal on each to the tit on prop- erty v^ued at three hundred dollars in cash.’ ' * * * "And the state and counfy capitation tax combined shall never exceed two dollars on the head.” Section 6 of the same article enacts that The taxes levied by the commissioners of the..several counties for county purposes shall be levied in like manner with state taxes and shall never exceed the double of the State tax. except for a special purpose and with the special approval of the general, assembly.'* Article IX ofthe constitution, after declaring that religion, morality, and knowledge being necessary td good government and the hamjjiness of mankind, schools and the means of education should be forever encouraged, commands, in section 3 thereof, that one or more public schools shall 7 “ ai “ t ^ ned four m °nths in every year in each school district in each county of the State, dissenting judges in both cases that it is difficult to add anything new to the controversy, and it is unnecessary to repeat that A?riHft D Vif^ oV° r -, #* n ™ eir °*r onfl - } v ° a ^ ree with the court in those cases that Article V is a limitation generally upon the taxing power of the general assembly Nor are we called upon to hold that the tax to supplement the school fund in each . county directed by the statute to be levied in case of need may be upheld as a “neces- ° r aS a “T 0 ™ 1 to . x ” for a Purpose. It is unnec™ "aT *? ,(l ? constitution, to place out^ecision Upon anysuch KSL T th - Mr ‘ Juatlcp , Mcmmon in the Barksdale case that, while this ' ™ ^ tlon u P° n tbe taxing power of the general assembly prevails generally, it does ?« .SS? P rT 'A1 d tbat il - Bhould not bo al,owcd to prevent the givfng effe£ ano,be r article of the same instrument equally peremptory and important. We must not interpret the constitution literally, but.rathcr construe it as a whole for it Xte a "hole, and we should, if ^*ible. give effect to each part of it.' The "A,® WU u , a X le " t0 “•certaming the true intention of each part a ? d ? J'.^togeffectto the whole instrument and to the intention of the people who adopted it; (Coke Lit., 381a; Cooley Const. Lim. -(7th Ed.), p. 91.) P adont ^ th. t i W »K ?n if trU u tl i 0n8 Whi ^ h . ave . bcon P ve ; n !t in the cases cited, we prefer to 'AA 1,m . ltln ? the jiower of taxation as to mattem not the constitution, leaves it within the power of the legislature to give ?? ^ ^ 0 _ ne ° l lta to. 061 impottant and peremptory commands, mile the general assembly must regard such limitation upon its power to tax, as defined in manv Whc “ P rovldin « lor . th e carrying out of objects of its own creation to CUrre0t cx P eM “ < ? f ‘he Bta te government, yet, when it comes ^t P thTn d u ilL r th T. eXpenB€8 - e8pe ^ la i ly d,re ctod by the constitution itself, we do not think the limitation was intended to apply. Although the legislature must %5£ ft £?, '*■***?? b ^ tW T P.topect^ a,| d the poll provide!* in Article V, fTA^iA.V 1 re( l ulred to obey the limitation upon the poll and the property tax !« i^r^if ? re k e i £° m AX'"? effect to the provisions of Article IX. It th.” ^/’i^ikilj°. k li^- b °! d .^ at . gucb Ilml totionapplies to legislative creations rather. con . Btl totlonal commands. The purpose of our people to establish hefreenf L P 3 ? 4 *? ^ public schools,, when tuition shall . V ,e chllora "«n and mte Insulation u 3. States— Appropriations— Indebtedness. -Whether an appropriation is a debt within constitution, sections 49, 50 nrohihltlne th* wt«. sksckss^ BOU a.iMBio mr metr riirrcnt -expenses of the year, and for each succeeding year, will not be held K ' ° ,M: U “ 0t Qppearlng lhal> when lhc Payments are U) be made, there will Appeals from d re uit court. Franklin County. Three actions, one Kythe state university, another by Eastern Kentucky State Normal Sehool, and tho third _ — ... w OVM u.iivu. buy, unwnu-r by the board of regents for the Wn» Aoiktucky .Male Normal Sch.H.l, and Iho third b V tho board of regents for .suite Normal School, all against F. P. James, auditor of the Statt. Judgment* for plaintiffs. J)cfendaik appeal**. Affirmed. bly of the C< Settle. ,/.: By an act of tho general assembly of the Commonwealth of Kentucky ^ T art 1 M* 08 ( A< * 18 BK)R, p. 22), there was appropriated to the appellee^ f* * V T Uy ’ l f K1I, ^° n ’ Ky V $200 ; l) 9 0 ‘ « r » mucli thereof as might be nece^ M,ry for the erect ion and equipment of new buildings for its use, payment of its indebt- edness etc., and tho-furthcr sum of $20,000 for -the current fiAcal year and for each flllPPAM inf? VfMIP* ** t/i ill,. I r f * , . wr , V ’ 1 ™'’ U Nnm^U'T 1 * 1 i y ii“ r T- 1 ' 1 ?. ,r e:lr b. Bllt 'reeding year;” to the Western. Kentucky State (ISvT -.L ^ ,,,K , Ky ’ *• ».«»?« like pur, loses, and the additional sum OI WO, 000 for the current lineal year and each succeeding year. ” The act conUiins a P, rov }® 1( ? n to l * le f that one third of each of the lump appropriations mentioned m,n ue L" d / Hf ?fi’ loon ^ember !. J908; ono-thhd July 1, 1909; and onc-third fhl y « '! 9 ?L ° f ‘bc.aPPP'lw* demanded of tho appellant, F. P. James, auditor of ' th * I 1 " h,B w franto upon the state treasurer for the payment of the a P pro l ,nat,, . ,n due each for the current fiscal year,” and, in addition, thcap- r^| he .r , un,v * r "“y’ on September 8, 1908, made demand upon him for the eum ojf’T’.u la i al ?!. 0 ." nt ^mg duo ‘.bo contractor upon tho architect's estimate at that S?,!*?* building of civil engineering and physics, in process of erection under • 1 the bott . rd ,.? f trustees, and in accordance with the provisions of the act of the legislature. A liko demand was made at the same time upon the auditor • Eastern Kentucky State Normal School, for tho sum of $12,000, that f“"S£ b°*W thou due the contractor for work done upon the normal school buildings; nf »h?. e r, aU H lt0r f “ l 0d a ["i revised to issue his warranto upon the treasurer in favor Jho ~nP P f Ha ora ®y of them, for the sums demanded, orany part thereof. Following °i *be auditor to issue the warranto demanded of him, appelleos instituted M?f e ,»i e «k e,a * act,ona ?8 a,n ® t bjm m the court below to enforce the payment of such jMrt^of the appropriations made by the act in question as they ate now entitled to, to^ectively, and prayed that writs of mandamue be granted to compel the iseual by tamof wartshts upon the state treasurer therefor. The appellant, kuditor, filed an ernswer to each petition interposing several grounds of defense : (l)That the act making the appropriations is repugnant to section 184 of the stato constitution. (2) That a* - te «“"?"»*»» adopting ite .present corporate name in lieu of its tormer one Agricultural and Mechanical College,” and in being separated Item its r; ■ 4 • , , i v - « T — r, — — . ? r . j- t 1 ^ mi • ',i, ..■•?■! «i 282 STATE SCHOOL SYSTEMS : LEOtSLAttOlf, $T0., 1908-0. normal school department by the transfer of that depart irtent to the eastern and western state normal schools, as provided by the act of March 16, 1908, lost its identity as a public corporation and state institution, and became a private corporation, which depnved it of the right to longer demand or receive financial assistance from the State. (3) That neither the Eastern qpr Western Kentucky State Normal School is mentioned in the constitution, nor faftjy included in the provisions of section 184 of that instrument. (4) That the appropriations made appellees by the act of March 16, 1908, when added to the necessary running expenses of. the state government and other appropriations made by the general assembly during its 1908 session, would exceed the annual revenues of the State by more than $500,000, and, thus create a debt against the State in contravention of sections 49 and 50 of the constitution. The three causes were consolidated and appellees filed demurrers to the answers. The demurrers were sustained by the circuit court, to which the appellant excepted. He thereupon declined to plead further, following which the lower court entered judgment declaring each of the appellees entitled to the relief sought, and directing a mandamus to issue in each of the cases against the appellant, auditor, to compel the-iasual by him of his warrants on the treasurer of the State for the amounts respec- tive!^ demanded., by appellees. Of that judgment appellant complains; hence this appeal. We will consider the several mattere of defense relied on by appellant in the order stated. With respect to the first contention made in the answers, we may say that the question of whether the appropriations in controversy are or not obnoxious to the pro- visions of section 184 of the constitution depends upon whether appellees are among Uie educational institutions for which, under the proviso of that section, the legislature is authorized to make appropriations without submitting the question to the voters of the State. Section 184 of the constitution reads as follows; “The bond of the Common- wealth issued in favor of the board of education for the Bum of $1,327,000 shall consti- tute one bond of the Commonwealth in favor of the board of education, and this bond and the $73,500 of the stock in the Bank of Kentucky, held by the board of education, and its proceeds, shall be held inviolate for the purpose of sustaining the system of common schools. The interest and dividends of said fund, together with any Bum which may be produced by taxation or otherwise for the purposes of common school education, shall be appropriated to the common schools, and to no other purpose. No sum shall be raised or collected for education other than in common schools until the question of taxation is submitted to the legal voters, and the majority of the votes cast at said election shall be in favor of such taxation: Provided, the tax now imposed for educational puiposes, and for the endowment and maintenance of the Agricultural and Mechanical College, shall remain until changed by law.” We understand the ques- tion under consideration to have been definitely settled hy this court as. to all the in- stitutions named. In the case of the Agricultural and Mechanical College v . Huger, Auditor, 12i Ky. 1, 87 S. W! 1125, the court had under consideration the constitution- ally. 0 ^ 811 ac ^ 0 ^ the legislature (Acts 1904, p. 288, c. 120) which made an annual appro- priation of $15,000 to the college in question. It was contended in that case, as now insisted in the instant cases, that the appropriation was forbidden by section 184 of the constitution; but the court held that this was not true, and that as it was apparent that the college, a state institution maintained by the State bv taxation and through appropriations of public funds, was in existence at the time of the adoption of the pres- ent constitution, that the constitutional convention intended the proviso in section 184 to apply to it. Therefore the act of J 904 was valid ; the legislature having authority under section 184 of the constitution, and by Virtue of the proviso therein, to make the appropriation in question without submitting the matter to a vote of the people. This " conclusion of the court, as demonstrated by the opinion, was not only authorized by the language of section 184 of the constitution, but was supported by the opinions of various members of the constitutional convention expressed in debate over that sec- tion, and likewise by the contemporaneous practical construction given it by all the departments of the state government, including the legislature; the Latter having, from time to time, covering a period of tn&ny years, made appropriations, in addition to the tax of half a cent on each $100 in force when the present constitution was adopted .for the maintenance of the appellee institution now known as the state university. The opinion enumerated Various educational institutions of the State, in addition to the appellee state university, which were at the time of the adoption of the constitution owned by the State and being main tained by it through appropriations of public funds raised in whole or in part by taxation, and declared that these institutions were also included by the proviso of section 184. which should be understood to read as if they had been namea therein. The several institutions thus named the opinion holds, the State was left free to continue by necessary appropriations, without submitting them to a vote of the people, till such time as thedght to do so, in the language of the proviso 1 r ' *' >■ - ' 1 _ ,V ,< BBCENT SUPREME OOTJfcT DECISIONS, • A [ in flection 184, shall be “changed by law.*’ All that waa said in the opinion, supra, in ; upholding the constitutionality of the appropriation of $15,000 made by the act of 1904 to.the Agricultural and Mechanical College, we may, with equal propriety, apply to the - appropriations made to eaclfof the appellees in these cases by the actof March 16, 1908. Neither the change in the name or the appellee state university or the separation from ibof its normal school department destroyed its identity as a public corporation and state institution, as claimed by appellant. The act changing the name of the “Agricultural and Mechanical College oi Kentucky,” to “State University, Lexington • Kentucky,” expressly retains and preserves to the institution under the new name all the rights and privileges it had and exercised under its old name; and. in order that no ^ doubt might occur or question arise as to the status of the institution after the change of name, the act provides that it shall be maintained by the Commonwealth; that no pre- vious act making provision for it under the old name shall bo affected by the change of name; that all moneys to which the institution will be entitled from the federal and state governments shall be paid to it in its present name, “State University," and that all educational or other work formerly done by the institution under the old name ex- cept what appertains to the normal school department shall be performed by it under the new one. Its work, plans, and corporate status continue as under the old name. The institution is still officered by trustees appointed by the governor of Die State by and with the consent of tho senate; the governor and superintendent of public instruc- tion being ex-officio members and tho former chairman of the board. In brief, the univereity is the creature of the State, a mere instrumentality, employed by it “to pro- mote the liberal and practical education of the industrial classes in the several pursuits and professions in life." An apt suggestion contained in the brief of appellees’ counsel will illustrate our meaning. Would a doviso made by John Smith to his daughter, Mary Smith, become void if she should by marriage change her name to Mary Jones? Certainly not. While the devise was made to Mary Smith, manifwtly it w*w not the hirnc of the daughter thataupplied tho motive for the devise, but it was the person, the fact that she was his daughter, that, he bad on that account an affection for her, and that she was entitled to his bounty, that moved the testator to provide for her. In becom- ing Mary Jones she enters upon a new and perhaps happier sphere of liie, but the change of name or manner of living will not affect the devise. So, while the state in- stitution of learning at I/exington, now called “State University,” was the “Agricul- tural and Mechanical College '* mentioned in tho state constitution and in the statutes of the State previously, and even since enacted by the legislature, it is hevertheless the same institution, possessing the same corporate existence, powers, and privileges, and engaged in the same beneficent work, and what the State has done for it was not because of its name, but because of its work. The hew name neither adds to or de- tracts from tho worth or mission of this temple of the arts and sciences founded by the ( ommon wealth, but is more readily pronounced than the old one, and more in keeping with the relation it sustains to tl e cause of education and a people whose pride ana sympathy are enlisted in it* .success. A glance at the history of the institution will suffice to show that it was designed to be conducted as and to do the work of a uuiver- sity. That there is a distinction between the college and tho university nQ one can doubt. It seems to be the mission of the col logo “to impart to the student known facts. It deals with a body of knowledge more or less complete, which has come to the pres- ent generation as a legacy. The university, on the other hand, while covering and in- cluding the col lego work in its undergraduate courses, seeks to add to this known body of knowledge by original investigation and research and new discoveries in the fields of science, and thus to widen and enlarge the boundaries of human knowledge.” A university may include several colleges or departments of education, and it was for the purpose of converting the Agricultural and Mechanical College into such a uni- veraity in name and thereby give it a title that would comjiort with its past and fufure work, that the legislature, by the act of March 16, 1908, changed its name to “State University,. Lexington, Kentucky.” Section 4 of the act provides: “That the require- mentsof the law ofCongrees approved July 2, 1862, for the instruction in these branches of learning, relating to agriculture and the mechanical arts and to military tactics, shall bo earned out fully, and that these branches shall continue to be integral and indis- l pensablo courses of instruction in. the state university : and. that in addition to the other coUegee of raid univereity, one of the colleges shall be denominated the agricultural College, and another the College of Mechanical Arts of the State University. By the same act other departments in addition to those Mentioned above, such as a depart- ment of education with collegiate rank leading to the usual degree in pedagogy, a depart- ment of law, one of medicine, and perhaps others, were added to the state univereity, but the addition of these departments merely enlarged the work of the institution without destroying its identity as a state institution, relieving it of state control, or affecting its right to receive financial aid from the state government, the separation 854 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9* from the appellee state university of its normal school department did not affect it* legal status, but merely served to transfer the normal work proper to the regular insti- tutions created by the legislature foi the purpose of conducting it, viz, the appellee* Eastern and western State Normal Schools, which are auxiliaries of the state univer- sity and better able to conduct that department of educational work than the state university. But this arrangement still left to the state university the collegiate de- partment of pedagogy for still higher training in the art of teaching than the normal school can afford. It is patent, therefore, that the state univeisitv has vet a depart- ment of education. which, though connected with the normal work/was not transferred to the state normal school. The arrangement by which the normal school work proper Is confined to the two state normal schools is apparently a most excellent one. The state normal schools constitute a jwul of the common school svsteni of the State, and the object of the legislature in establishing them was to more fully carry into effect the provisions of section 183 of (he state constitution by giving to the teachers of the Com- monwealth such training in the common school brunches, science and art of touching, and in such other branches deemed necessary by the normal executive council as will enable them to make the schools throughout the State efficient. While the State has for quite a number of yearn collected by taxation an anirtial school fund sufficient to have had good schools foiUho education of her youth, in point of fact much of it has practically been wasted, and the schools have proved deficient. Perhaps one of . the principal causes for this state of things has been the lack of a sufficient number of quali- fied and competent teachers. The two state uormal schools should supply this long- felt Want, and, jf sufficiently equipped will do so, by educating and turning out each year young men and women specially trained an ’. skilled in thjnart of teaching. A certain number may be sent every year to these institutions froffPeach county of the 8tat$ free of tuition, and it was conceded in aigument that hundreds from all parts of the State are already taking advantage of the opportunities fur sjieeiul training afforded by these schools, in order that they may-quality themselves for the very honorable and highly useful work of teaching. Whether, as suggested in. argument, the appropria- tions in question were inspired by an awakening u|»on the part of the people of Ken- tucky and it a legislature upon the subject of education, wo need not inquires but it is manifest that with the facilities afforded by the common schools high schools, and state university for the education of the youth of the State and those afforded bv the normal schools for the training of teachers, neither inspiration nor prophetic vision is required to enable those concerned for the welfare of the Commonwealth to see that the . time is near at hand when much of the illiteracy that is now a cnn*c to the State will give place to greater general intelligence, and in consequence, greater respect for law and order. • While it is true, as claimed by appellant, that neither of the state normal schools is mentioned in the constitution of the State, we do not concede, as he further contends, that they are not included by the provisions of section 184 of that instrument. On the contrary, they are, as we have already indicated, so included. , In the case of Agricultural and Mechanical College Hager, Auditor, supra, the opinion in enumerating the educational institutions of the State cmbraceu in the proviso of section 184, named the state normal school for colored persons os one of them. In commenting on that fact in the later case of Mance v. Hager, Auditor, 101 8. W., 882, 31 *Ky. Law Rep., 79, which involved the construction of an act establishing a system of normal schools in the State, creating a board of regents to control them, and uprising $50,000 for the benefit of the schools to be established, the court said; “It wai npt intended by the enumeration of the various institutions set forth therein to present an exhaustive.catologue, but only to name certain institutions as illustrating the kind of educational interests which the convention intended to place within the benefits of the proviso. It was not intended to say there were no otner institution*, although they were not then in the mind of the court, for whose benefit the legislature might appropriate money from the treasury. In mentioning the state normal school for 1 persons as one of the institutions for which appropriations from the treasury are permissible, it was intended to convey the idea that normal schools as a department of public education, whether for white or colored persons, are among the educational purposes introduced in the proviso of section 184 . It would be a serious construction, indeed, that would establish the principle that the legislature might appropriate money for the benefit of a normal school for colored teachers but hot for white. At the time the present constitution was framed, the normal school for White persons was carried on as a part of the Agricultural and Mechanical College, where it still, in part, is con- ducted. What the act in question does in practical effect is to separate that school into three parte, leaving one as a department of the Agricultural and Meehan ical College at Lexington and establishing two others at different points in the State, ono at Rich- mond* and the other, irt Bowling Green, Ky. There is nothing ia section 184, or any other pert of. the constitution, to which our attention has been directed that militates against the power of the legislature to separate the normal school for white persons into " v ' : " ' ‘ - y. RECENT SUPREME COURT DECISIONS. m mi y parts as may be deemed appropriate and ter divide the appropriation between the different schools as may be thought proper. Certainly it will not be contended that the legislature lacks tne power of making any appropriation it sees fit for the ^normal school as conducted under the auspices of the agricultural college. ♦ * * This is conclusive of the question at bar. Normal schools are among the institutions for which, under the proviso of section 1«L the legislature is authorized to make appro- priations without submitting the qu^wtions to a vote of the people, and therefore the act under consideration must be hold valid.” The opinions in the cast's, supra, are also conclusive of the validity of the fet making the appropriations rnnighi to be recov- ered in the cases before us. It yet remains to consider the fourth and final contention of appellant, which is that payment of the appropriations claimed would create a debt against the State of more than $500,000 in excess of its revenues, which would be violative of the provisions of sections 49 and 50 of tho constitution. Sections 49 and 50 were a part of the consti- tution of 1850. At that time the State was greatly in debt on account of internal im- provements, and the ’proceedings and debates of the convention which framed that instrumfniprovc.that the sect ions in question wore adopted for the purpose of restrain- ing the legislature from further indulgence in reckless investment of the State’s money and credit iu internal improvements. Looking to the contemporaneous practical construction of these two sections of the constitution for guidance in* arriving at a solution of the questions raised bv appellant’s final contention, we find that the legis- lature has, since the adoption of the present constitution, passed like acts to that under consideration, appropriating large sums of mouey to such institutions as appellees, which have been approved by the sinking fund commissioners and other executive boards of the State and audited and paid l»v its ministerial officers without doubt or question. The value of contemporaneous construction is well stated in Agricultural and Mechanical College t\ Hager, auditor, supra, wherein the court, in speaking of such construction with respect to section ls-l of the constitution, Raid: "This long and unquestioned construction coming v .up for actual decision at feast several times each year oilght to have, and by the rules of the courts does have, great weight in resolving any doubt that the words themselves nmv have left os to tho meaning of this section.” In Eastern Kentucky Asylum, etc., v. llradley, 101 Kv., 551, 41 S. W.. 556, the constitutionality of an act authorizing the? issue and sale by the State of $500,000 of bonds for the funding of certain indebtedness of the State, created in part on account of the several asylums for the insane, was under consideration. The court said: “This is the first exercise of authority under section 49, and, ait the existence of a deficit sufficient in amount to warrant the exhaustion by the general assembly ofxhe power conferred by the .constitution has been averred, we see fib good reason for denying to the general assembly the right in this act to proceed to the limit of its constitutional power." Also in the case of Hager, auditor, v. Oast, etc., 1 19 Ky., 502, 84 8. \\\, 556, tho court, in respect to sections 49 and 50 of the constitution, said* “These provisions of the constitution do not eiybracc the ordinary expenses of the government. The State may repair its blind institute, or build a road to it to make it more accessible or conduct its ordinary affairs without making a special levy for this purpose.” The bearing of the last decision on the question involved in these cases is apparent, for, if the provisions of sections 49 and 50 of the constitution do not embrace t he ordinary expenses of the government, and the Slate has ihe right to repair its institute for the blind without a special levy, surely it has the right to make an appropriation to equip or repair its state university or state normal schools without making a special levy for the purpose. It is, we think, further manifest that appropriations such as these can not fairly be said o create an indebtedness against the Commonwealth, for they may be discontinued, reduced, or changed at the pleasure of the legislature, or that body might at its next session repeal (ns act as to so much of the appropriations as would nien remain unpaid; but these things could not be done if the appropriation were a debt. Such was the doctrine announced in tho case of Hager, auditor, i>. Kentucky Children’s Home Society, 83 S. W., 60£, 26 Ky. Law Rep., 1133, 67 L. U. A., 815, wherein the court, having under advisement the constitutionality of an act appro- 115,000 to tho Kentucky Children’s Home Society, said: “Nor does the *1 i create an indebtedness against the Commonwealth. It may be discon- tinued. reduced, or changed at the pleasure of the legislature, which would not be done if it was a debt. It is a gratuity, just as the present provision for the support of .the insane and idiots is, which may be altered both as to the amount and manner of application at the pleasure of. the lawmaking body. We find nothing in the act violative of the constitution. Us subject is one wholly within the sound discretion legislature. ” We may-, however, concede, and do concede, that under sections 49 and 50 of the constitution the legislature has not the, power to make appropriations in excess of the revenues provided by law and the cash in the treasury,, whereby a JM HP .S,, r gWf 1 ,,liJ w" r — 9 — f ’ * 9(6 8TATB SCHOOL SYSTEM8 : LEOI8LATI0K# BTC., 1906-0. deficit of more thlkn $600,000 may bo created. In three taere it does not appear that ; such a state of affaire exists becauae of the appropriations in dispute, as only one-third of the lump appropriatione is payable in the current year. Whether therefore, an i is a debt in the meaning of sections 49 and 50 of the constitution must depend upon the character of the appropriation and the manner of its payment. The fact that the payment of all the appropriations mad© by the last legislature as con- templated by that body would have created a latve deficit in the state treasury at the close of rhe last fiscal year (June 60, 1908), or when these actions were instituted, is hot pertinent. That there may have been a largo deficit at those times can be true, and yet a full treasury at tho time the auditor should pay the appropriations to appellees, for the state revenue —that is, the bulk of it— is uot paid into the treasury until the fall months, and this year the last day for the payment of taxes was changed from November 1 to December 1, thus delaying the receipt of .the revenues a full month. The last auditor’s report discloses that, while there was a deficit of at least $260,000 on June 30, 1907, yet on December 1 of that y oat, there was in the treasury over $1,500,000. Nq showing was. made, or could be made, bv the answers of what- amouut would be in the state treasury 'December 1 or will bo therein when it will be necessary to pay the several amounts now demanded bv appellees; and while it is doubtless true that the expenses of the state government during the fiscal year ending June 30, 1908 t have Jieen greater than usual, as the bulk of the revenue lor the year 1908 was received since the filing of appellant 'a answer and much of it is yet to be" collected, and as it is conceded that the revenues for 1908 will be larger than in any previous year, we will not assume that the payment of such parts of the appropria- tions as are now demanded by appellees, or tnat the payment of the remainder of the appropriatio.ua when due, will cause a deficit in the treasury or so add to the indebt- edness of the Slate as to violate the provisions of its constitution. An examination of the published acts of the session of 1908 will show that the act makiqg tho appropriations for the benefit of appellees was passed with an emeigency clause, and that, with the exception of a small one of $15,000y the appropriations to ~ appellees were the first made by the legislature during that session ; and if, as claimed by appellees, the State has paid some of. the appropriations which were made at that session after those to appellees w T cre made, tho question may well be asked. Is it the province of the auditor, instead of paying the appropriations in thy order made by the legislature, to select and pay only -such of them as ho may think should be first paid, and in so doing make it impracticable to pay other appropriations antedating them, because their payment would, perchance create a deficit in the revenues in excess of $500,000? We do not understand that the acts of the auditor can thus affect the constitutionality of an act of the legislature. If, however, £ deficit should exist . at any time, it will be time enough for the legislature in its discretion and by virtue of the authority vested in it by section 49 of the constitution to meet such casual deficit or failure in the revenue and, to the extent of $500,000, contract a debt to pay the same. The auditor has three yetire to "complete' the payment of the Itnnp appropriations made the appellee* by the act of March 16, 1908; Only one-third of the lump appro- priation for each institution is now due, and the payment of such third is all that- can he demanded by them. The amount thus claimed they are entitled to as well as*the further sum of $20,000 to the state university, a like sum to Eastern Kentucky State Normal School, and $30,000 to the Western Kentucky Slate Normal School, the last- named sums being the annual allowance due the appellees, respectively, for the current fiscal year. The judgment of the circuit court in each case.is affirmed. HIGH SCHOOLS. IX.— Illinois. * (People s. Moors et al. (supreme court of Illinois, June 16, 1900), to N. B., 079.1 Schools and School Districts— High Schools— Part /or School System— “Common School." - I * Where a high school maintained by a district was a department f the common or ft* schools, maintained under the constitution, which declares that the general assembly shall provide s thorough and efficient system of free schools, whereby all the child fan of the Bute may receive s good common school education, the children of the district and of other districts of school sgs sustained no different relation to the high school from that sustained to any of the grades or other departments of the sohoots, bat the entire system of sohools eltogsther constituted the “oommon oofiooii” of the district. / 'A r RECENT 8UPBEMB COTJBT DECI8ION8. 2. Schools and School Disthicts— Puwlh— Tsanatmi— H roii School. Uw. itIMi «, tteOoa u (Bnrd'i Rn. St., 257 3. Schools and- School Disnuors— Popils — Than ana — Tuition— Buhdsn of Proof. JSS*'!"? t0 .V 800 ^ all *1 U>hm\9 btan ptkl without authority of law for tulUoo of hUh a^^ pupUs residing to another district, ora which they had been transferred, the burden was on plaintiff to show that the law regulating the transfer of pupils had not been compiled with, 4 Schools and School Districts— Transfer or PorrLs— Tuition-Statute8. •until 1907 • *** to Provide free high school privileges for graduates of the !£e beoefft Appeal from circuit court, Vermilion County; M. W. Thompson, judge. Art ion by the People against Dana W ; Moore and othem. Judgment for plaintiff, and defendants appeal. Reversed and remanded. / Dunn, J This wpa ah action of debt, brought under section II of article 15 of the ’ll 00 i5!U <® u ,S d •,£??• g 1 -' 1 !® 8 * th *p- m - «*• 285). two of (he directors of . school district No 1 12 in Vermilion County, to recover money of their fiistrict claimed to.Mve been paid out on their order without authority of law. A' judgment was rendered against the defendants, from which they have appealed to fnia court on the ground fhat the constitutionality of a statute is involved. # District No 112, known as the “Roeelawn district,” maintains 4 ' school in which grades f mm i to 8, inclusive, are taught, but does not maintain a high' school. District ”.°* “V? lhe **?>® ?oupty, but in another township, and known as the M Danville d winch does maintain a high school. On April 30, 1908, the directors ‘of the Rose* lawn district granted permits to 13 pupils of school age and graduates of the eighth RTade, residing in sai district, to attend the high school in the Danville districtfrom May 1 to June *12, 1908. The board of education consented to accept said pupils, and they attended the high school during the time mentioned . The parents and guardians of all the pupils except two were able to pay the tuition, but the defendants, who were two of the directors of the Roselawn district, on JuJty 9, 1908, drew an ord$r on the township treasurer, which be paid, for the sum of $43.90 to pay the tuition of said pupils at the rate of $3 per month, which did not exceed the per capita. cost of maintaining the high school. The judgment rendered was for $37.50, tne amount of the tuition of the 11 pupils whose parents and guardians were able to pay it The constitution commands that the general assembly shall provide a thorough and efficient system of free schools whereby all children of this State may receive a good common school edu*' • aka goHOOIi imMk^OV, ETC., 1908-#. 4oee not seen not appear. If the requirement* of section 85 were complied with, no reason hr seen why the Roeelawn district did not become liable, under this section, to pay the Danville district the amount demanded. This action is to recover money paid without authority of law, and the burden is upon the plaintiff to show that the law Was not complied with, and not upon the defendants to show that it was. The testi- mony as to the amount paid teachers and the number of pupils in the high school was irrevelant because it applied to the time of the trial, January,; 1909, and not to the month* of May and June, 1908. It is, however, insisted that the transfer of pupils from a district not maintaining a high school to the high school of a district which does maintain one is governed by the act approved May 25, 1907 (Laws, 1907, jf. 623), entitled “An act to provide free high school privileges for graduates of the eighth grade.” That act provides for the payment of tuitionlrom the funds of the district of the pupil's residence only in cases where the parent or guardian of such pupil is unable to pay tuition. The terms and conditions upon which the transfer of pupils from one district to another shall be permitted are matters for the determination of the legislature. It may, if it sees fit, makd different terms or conditions where the transfer is to the department of the common school known as the “high school, from those* required where the transfer is to the grades lower than the high school. In making such terms and conditions, however, the same privileges nftist in all cases be extended equally to all children under the same circumstances. The constitutional requifemfent for the provision of a system, of free schools is not only a mandate to the legislature, but also a limitation of its power. It can only authorize the establishment of high schools of the character of free schools, whereby all the children of the State may receive a good common-school education. The high school, as well as the lower grades, must be open to all children in the district of school age free, so that all shall have the right to an equal education therein. If this right is extended to the children of other districts it must be upon the same terms to all similarly situated. It can not be extended to different individualsat different prices, according to their ability to pay. Within the district it must be free to all. If open to nonresidents the terms must be equal to all. Since the act in question, in providing for the transfer of pupils to the high school, authorized tfye payment of their tuition only when their parents or guardians were unable to pay tuition, it is obnoxious to section 1 of article 8 of the constitution of the State, under which the system of free schools required to be established must be for the benefit of all the children of the State, * , The judgment of the circuit court is reversed and the cause remanded. Reversed and remanded. Z. Nebraska. (Wilkinson p. Lord, treasurer of Richardson County^ujpreme court of Nebraska, Sept. 25, 1909), 1. Constitutional Law— Statutes— Presumption op Validity. In passing on the validity of the act which provides a four-year course of free high-school instruction for pupils residing In districts where that privilege is denied, permits them io»attend properly equipped schools in other districts, and makes the home district liable for payment of tuition at toe rate m 75 cents a week for each pupil, it will not be assumed without pleadiug or proof that the tultidn fixed by the legislature will fall below or exceed the cost of educating a nonresident pupil. 2. Schools and School Districts— Taxation— Statutes— Constitutionality. In directing the county superintendent. of public Instruction to furnish the county clerk with the necessary data for a levy, when a school district refuses to vote taxes for free high school pur- poses, the free high school act of 1907 (Bess. Laws 1907, p. 402. chap. 121) does not delegate to that school officer a taxing power committed exclusively to school districts under the constitu- tional provision that “all municipal corporations may be vested with authority to assess and collect taxes." Const., art. 9, sec. & 8. Statutes-— Titles and Subjects. A title declaring a legislative purpose to provide a four-year course of free blghuchool instruc- tion for ^upHs resldlngln dbtricUwher^m^ Is deoledjs broadenougl^ to cover tax*- refusing 6 tion fair the fisted Mlegtolation to p&Venf school districts from defeating the - act by AMSNDMEN^Ir The legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person and corporation pav a tax in proportion to the value of his, her, or its property and franchises, the value to be ascertained in such manner as the legislature shall direct, and it shall have power to tax peddlers, auctioneers, brokers, hawkers, commission merchants showmen jugglers, innkeepers, liquor dealers, toll bridges, ferries, insurance, tele- gmph and express interests or business, vendors of patents, in such manner as it • shall direct by general law, uniform as to the class upon which it operates.” (Const., art. 9, sec. 1.) The legislature shall have no power to release or discharge any county, city, township, town, or district whatever, or the inhabitants thereof, or any corporation,, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, or due any municipal corporation, nor shall commuta- tion for such taxes be authorized in any form whatever.” (Const., art. 9, sec 4 ) The legislature may vest the corporate authorities of cities, towns, and villages with power to make local improvements by special assessment or by special taxation STilfe feOHOOI* STBTWK6 J XJBiGttWUlTIOH, BTt)., '' m - W . ■: > br- v - coat of his high-echool education. PSaktiff therefor concludes U^t'the act can not be enforced without violating the rule requiring uniformity in Ukfburdens of taxa- tion and forbidding commutation of taxes. In this position plaiiJIff relies on High Schdol District v. Lancaster County, 60 Nebr., 152; 82 N. W., o$l: 49 L. R. A., 343 ; 83 Am. 8t. Rep., 525. In that case the court held that the free high school act of 1899 was void. Under the terms of section 3 thereof the county was required to pay to certain school districts maintaining high schools tuition at the rate of 75 cents a week for each nonresident pupil. The ground on which the enactment was as- sailed is stated in the opinion as follows: 14 It is argued that inasmuch as a taxpayer inside the high-school district must, under this act, pay the difference, if any, between the cost of tuition of nonresident pupils and the 75 cents per week allowed by section 3 of the act to be paid out of the general fund of the county, and must also pay bis proportionate share of the 75 cents per week, with the other taxpayers of the county, in addition to bearing the whole of the expense of educating those pupils resident within the limits of the high-school district, the law violates sections 1, 4, and 6 of article 9 of the constitution/’ (High School District v. Lancaster County, 60 Nebr. 152, 82 N. W. 381; 49 L. R. A. 343; 83 Am. St. Rep. 525.) What the court decided is stated in two paragraphs of the syllabus as follows: “(1) The constitution of this State requires not only that the valuation of property for taxation, but the rate as well, shall be uniform. “(2) Sections 1, 3, chapter 62. pages 290, 291, Session Laws 1899 (Comp. St. 1907, chap. 79, subd. 6, secs. 6, 7), which provide that pupils residing without the limits of high-echool districts in the State may attend such schools free of charge to them, andtnat an arbitrary sum shall be paid out of the general fund of the county as com- * pensation to such high-school district for such tuition, which sum may in -any case fall below or exceed the cost of such tuition, contravenes sections 1,4, and 6, article 9, of the constitution, which declare, among other things, that the legislature may provide such revenue as may be needful by levying a tax by valuation, bo that every, person and corporation shall pay a tax in proportion to the value of his, her, or its property and franchises, that the legislature shall have no power to release or eom- mute, taxes, and that all taxes for municipal purposes shall be uniform in respect to persons and property within the jurisdiction oi the body imposing the same.” (High School District v. Lancaster County, 60 Nebr. 148; 82 N. W. 380; 49 L. R. A. 343; 83 Am. St. Rep 525.) ... . A critical examination of the opinion will show that the constitutionality of the act of 1899 was tested by two assumptions— the first was that 75 cents a week wai insufficient to meet the expenses of educating a nonresident pupil. On the fact thus assumed the consequence is stated in the opinion as follows: “It is plain this dif- ference must be made good by levying and collecting taxes on the property of the taxpayers resident' in the school district, and this difference can not be collected from taxpayers of the whole county. Then the taxpayers within the school district will pay a greater proportion of these taxes than would those residing within the county, but outside the school district, and while the valuation of the property of those within the school district and those without it might be uniform, yet the rate of taxation for the Barae purpose would be higher on the property within than upon that without the school district.” * (High School District v. Lancaster County, 0(f Nebr., 154; 82 N. W. t 381; 49 L. R; A., 343 ; 83 Am. St. Rep., 525.) The second assumption was that 75 cents a week exceeded the cost of educating a nonresident pupil. On tiie fact assumed the result is stated in the opinion as follows: “The excess Would accrue to the high school districts, and the taxpayers thereof would profit at the expense of those outside the limits of the high school district, and, in either case, the rule of uniformity prescribed in section 6 of said article of the con- stitution would be violated.” (High School District v. Lancaster County, 60 Nebr., 154; 82 N. W,, 381; 49 L. R. A., 343; 83 Am. St. Rep., 525.) What would have been the effect of the free high school act of 1899 if the court had araumed the legislature was correct in estimating the cost of educating a nonresident pupil at 76 cents a week, is nowhere stated in the opinion. In considering the bear- hag of the case cited on the present inquiry, it is pertinent to remark that the act of 1907 contains no provision for a county tax, for a county liability, or for drawing money tom the county treasury- The unit of taxation is the school district, which is required fey law io educate its own pupils, and no provision is made for taxing into mt taxing districts. Plaintiff’s petition shows that under the provisions M & ©xiking 'law m the property In school district 42, Richardson 1 County, was subjected to a 16-mill levy, No burden was imposed except what was necessary to educate three resident pupils at the rate oi 75 cents a week for each. If this legis* /lative estimate is accurate, it is perfectly apparent that the taxation authorised does pot violate the rule that the valuation o§ property as well as. the rate be uni* ... ■" '• 'V V ;'-7 BBorart sus'Sem® ccwmt bbcisiorb. . Th ^ u J d f, n 18818 °“ al1 property alike within the jurisdiction of the taxing district. This fully meets the constitutional requirement as to uniformity. ( Pleuler v • State, 11 Nebr 647, 10 N. W. 481.) It is equally clear that, if 76 cents a week is a correct ^timate of the cost of educating a nonresident pupil at a high school, neither the people of the district in which the tax is levied nor the people of the district in which the high school is situated are assessed to pay obligations of another taxing district, and that the rule forbidding commutation of taxes has not been vio- lated. From what has been said it will be observed that High School District v Lan- caster Oiunty, 60 Nebr. 147, 82 N. W 380, 49 L. R. A. 343, 83 Am. St. Rep. 525,‘w a precedent for holding the present law invalid, except on the assumption that the legislative estimate of 76 cents a week for educating nonresident pupils is incorrect On a careful reconsideration of the question we are unwilling to assume without pl n1 1 V?u r f roof that tm , tl0 , n at the mte of 76 cents a week, as fixed by the present law will fall below or exceed the expense of educating a nonresident pupil An enact- ment of the legislative department of government should not hang in the judicial department by such a slender thread. Legislative acts are presumed to be valid Burdens imposed by statute are presumed to be reasonable. Courts should never assume that the lawmakers will deliberately attempt to spoliate one community for the benefit of another or pass laws without knowledge of existing conditions In absence of proof to the contrary, courts ought to assume that the legislature acted with full knowledge of the facts upon which the legislation is based. The burden of proving that a statute contains unlawful or unreasonable terms tests upon those assail- mg it. The legislature has power to investigate any subject for the purpose of legisla- tion To ascertain the facta the resources of the government are at its command! It can explore the offices of the executive department and other repositories to ascertain conditions relating to any subject of legislation . For these reasons the trial court was co 7 € n t i in i that tuition of 75 cents a week would not as a matter of law exceed °o ow the coet of e(,ucatin g a nonresident pupil at a high Bcbool 2 The next point-aigued by plaintiff is stated in his brief as follows: “The act is void as a delegation of the taxing power vested in the legislature to the county super- intendent, contrary to the express provisions of our state constitution, which limits the grant of such power to none but the corporate authorities of municipal corporations: and school districts come within that designation.” By section 3 of the act of 1907 the legal voters at the annual school district meeting are authorized to vote the amount of taxes required for free high school education during the coming year If they fail to perform that duty, section 4 authorized the school board to furnish the coanty clerk with a proper estimate of the necessary revenue. For failure of the school board to perforin that duty, the following remedy is created by section 5: “If the district board or board of education of any public school district, wherein there are pupils entitled to and desiring free high school education as in this act provided, nevlect or refuse to make and deliver the required estimate as set forth in section 4 of this act, the county superintendent of the proper county shall make and deliver to the county clerk of ^ch county in which any part of such public school district is situated, not later than the first Monday in August following theannual school district meeting; an itemized estimate of the amount necessary to bd expended by such public school district during the ensuing year for free high school education. It shalf be the duty of the county clerk to levy such tax on all the taxable property of such school district the same as though such tax had been voted by the annual school district meeting.” (Sesa. Laws 1907, p. 400, chap. 121, sec. 6.) Plamtiff argues the power thus delegated to the county superintendent is a violation of the following provision of the constitution: “The legislature may vest the corporate authorities of cities, towns, and villages with power to make local improvements bv - specia! assessment, or by special taxation of property benefited. For all other cor- porate purposes, all municipal corporations may be vested with authority to assess and collect taxra, but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same.” (Const, art. 9 see 8) *The °f mon ?7 10 J?, 0 »wed by taxation for high school instruction depends on the number of pupifs. The liability of the school district is fixed at 76 cents a week for the ** * h # e ambunt to be by taxation is definitely fixed by legwation, ana depends on facts which the county superintendent by virtue of hw office may readily ascertain. He is required to furnish facts, but not to tnake a levy, I® the first instance the legal voters of the district are directed to obtain the ,nf0 ™ atl <» a nd vote taxes accordingly. If they fail to do so. the school hoard may make and forward to the county clerk an estimate of the funds necessary education. If both are derelict in the performance 6f their duties, H? 582 10 8ch 5 K>1 Instruction under the law is not lost, sfad'the legislature ^empowered M-coiMy superintended to imM x tfa* county ok # the S • _ 4 : Eros# m • 262 STAtfE SCHOOL SYSTEMS: M0JBMTION, ETC., 1906-9. saiy data for a levy. When provision is made by law for free high school education, children should not be deprived of that right by the contumacy of electors or officers of a school district. The right of the legislature to provide free instruction includes the power to create a remedy when electors and school officers disregard their obliga- tions to the public. The best results of a free government can only be obtained by an enlightened citizenship. This is recognized by the constitutional provision which requires the legislature to provide “for the free instruction in the common schools of all persons between the ages of five and twenty-one years.” This command of the supreme law is not defeated by the provision that “all municipal corporations may •be vested with authority to assess ana collect taxes.” The electors and school board in district 42, Richardson County, can not within their jurisdiction put an end to the free instruction required by the constitution on the ground that the sole power to * levy taxes for school purposes has been committed to them as a/ 1 municipal corpora- tion.” Judge Cooley expressed himself on this subject as follows: “Wherever a system of public instruction is established by law, to be administered by local boards, who levy taxes, build schoolhouses, and employ teachers for the purpose, it can hardly be questioned that the State ^ in establishing tne system, reserved to itself the means of giving it complete effect and full efficiency in every township and district of the State, even though a majority of the people of such township or district, deficient in proper appreciation of its advantages, should refuse to take upon themselves the expense necessary to give them a participation in its benefits. Possibly judicial pro- ceedings might be available in some such cases, where a state law for the levy of local taxes fir educational purposes had been disobeyed; but the legislature would be at liberty to chodse its own method for compelling the performance of the local duty.” (2 Cooley on Taxation, p. 1299.) In any event, this court by a long line of decisions, some of which are citea in Magneau v. City of Fremont, 30 Nebr. 843, 47 N. W. 280, 9 L. R. A. 786, 27 Am. St. Rep. 436, is committed to the doctrine that the section of the constitution containing the provision, “all municipal corporations may be vested with authority to assess and collect taxes,” is not a limitation on the power of the legislature. It is therefore unnecessary to discuss contrary holdings in other jurisdic- tions. In declining to adopt plaintiff’s interpretation of tne constitution on this point the trial court did not err. 3. Plaintiff’s next objection to the act is that it violates the constitutional provision relating to titles of bills. The title in auestion is: “An act to provide four years of free public high school education for all the youth of this State whose parents or guard- ians live in public school districts which maintain less than a four-year high school course of stuay, and to repeal all acts and parts of acts in conflict herewith/’ (Seas. Laws 1907, p/402, chap. 121.) This is challenged as insufficient within the meaning of the following provisions of the* constitution: “No bill shall contain more than one subject, and the same shall be clearly expressed in its title.” (Const., art. 3, sec. 11.) The operation of the act beyond the scope of the title, as understood by plaintiff, is described in his brief as follows: “It amends considerable of the existing laws. It makes a peculiar process for the raising of revenue not provided for by the title. It provides the farce of the voters of the district to vote on a proposition, and then, as a nullity of the -wants or desires of the inhabitants of the district, finally commands the superintendent to impose the taxes without any representation of the taxpayers.” The title declares a legislative purpose to provide a four-year course of free high school instruction for the benefit of pupils residing in districts where that advantage is denied. In making provision for free high school education the power of the law- makers to classify subjects for the purpose of legislation was not exceeded. The legislation relates alone to the class described in the title. Raising funds by taxation was within the purpose announced. The means devised to prevent electors and officers from evading the law was also within the purview of the title. There is no surreptitious legislation anywhere in the act. All provisions in the bill “are compre- hended within the objects and purposes of the act as expressed in its title,” in com- pliance with the rule announced in Affholder v. State, 61 Neb. 91, 70 N > W. 544, and in Alpereon e. Whalen, 74 Nebr. 680, 105.N. W. 474. The trial court so held, and the ruling was correct. . 4. When the high school act of 1907 was passed, a statute then in force required each school district to determine the 'amount of money required fur the maintenance of schools during the coming year, and made provision for raising the necessary funds by taxation, but twsited the amount to a 25-mill levy. (Comp. St. 1907, chap. subd. 2, sec. 11.) Plaintiff finally argues the effect of the new act is to increase by amendment the statutory limitation of 25 mills in violation of the constitutional pro- vision that “no law shall be amended unless the new act contain the section or sections (90 amended and the section or sections so amended shall be repealed.” The point does hot appear to he ye|i Wes? . Tfcyp later act extends a four-year course pf free high/; iMkzmd v a/// '• • 'jul .'in- .. a • l RECENT mvmm COURT decisions. school instruction to pupils residing in districts where that privilege was denied. To carryout the purpose of the legislature a new class is created. The law applies alone to pupils within that class. The 25-mill limitation imposed by the former act did not apply to educational facilities applicable to the new cuss. The present law is on its face an independent act covering the new subject of legislation, and must be tested by the doctrine that changes or modifications of existing statutes as an incidental result of adopting a new law covering the whole subject to which it relates, are not forbidden by section 11, article 3, of the constitution/’ (De France v. Harmer, 66 Nebr, 14, 92 N. W. 159; Eaton v. Eaton, 66 Nebr. 676, 92 N. W.995, 60 L. R. A. 605.) The rule invoked by plaintiff is therefore inapplicable, and this case is not controlled by Board of Education v. Moses, 51 Nebr., 288 ; 70 N. W., 946, wherein the high school act of 1895 was held void. There being no error in the rulings of the district court, the judgment is affirmed. Rose, not sitting. XI. South Dakota. [Board of Education of City of Yankton t?. School DIst. No. 19, Yankton County (supreme court of South Dakota, June 26, 1909), 122 N. W., 411.] 1. Schools ‘and School Districts— High Schools— Tuition— Statutes. Laws, 1903, p«o 148. chapter 132, declares that any pupil who shall successfully complete the work of the eighth grade may cojOlnue his work up to arid including the twelfth grade by attend- ing any neighboring graded school, and the tuition shall be paid by the board of hTs home district, provided the home district does not provide instruction in such higher grade. Held, that where a pupil oompleted/her eighth grade in her resident district, which did not afford higher instruction the fact that sucty district had never authorized instruction in higher grades was sufficient reason , why she should not attend school in her home district, and authorised her attendance at a neigh- boring high school to continue work up to the twelfth grade at the expense of her resident district. 2. Schools and School Districts— Tuition— Quasi Contractual Obligation. Under Laws, 1903, page 148,' chapter 132, authorising a pupil having completed the eighth grade to attend school in a neighboring district affording a higher course of study not afforded by her home district at the expense of the latter, it was no defense to an action against a resident district to recover tuition for instruction furnished to a pupil under such circumstances that there was no contractual relation between plaintiff and defendant district; defendant being liable for such tui- tion under quasi contract. .✓* fW'" Appeal from circuit court, Yankton County. Action by the Board of Education of the City of Yankton against School District No. 19, Yankton County. Judgment for plaintiff, and defendant appeals. Affirmed. McCoy, J .; This is a suit to recover tuition brought by the board of education of the city of Yankton against school district No. 19 of Yankton County. Edna Simonson, a minor, residing with her parents in said school district No. 19, having successfully completed the work of the eighth grade as established in the state course of study attended the high school of the city of Yankton for the purpose of continuing her school work up to the twelfth grade. It appears that Baid school district No. 19 did not provide higher instruction above the said eighth grade, and that the high school of the city of Yankton maintained a higher course of study, consisting of a four years* course, known as freshman, sophomore, junior, and senior years, ana that the junior year of Baid couree corresponds to the eleventh grade in the state course of study, and mat, during the school year of 1905-6, the said Edna Simonson attended said Yankton High School as a junior and received instruction in said eleventh grade; that the said Yankton High School was the nearest neighboring school in which the said higher coui^e of study was maintained within the said county of Yankton; that the said board •j u- cat i° n ® urin £ the school year 1905-6 established a rule that all pupils attending said high school whose place of residence was outside the city of Yankton should pay a tuition of 60 cents per week. This suit was brought to recover for thirty-six weeks’ tuition at the rate of 60 cent# per week. The case was tried to the court without a jury, and findings and judgment were in favor of plaintiff, the board of education of the city of Yankton. The only question for consideration is whether as a matter of k'Vthe plaintiff was entitled to recover. u p™pter 132. page 148, Session Laws, 1903, among other things, provides as follows: Any pupil who shall successfully complete the work of the eighthgrade, as established <***«iy« Privileged to continue his work up to and including the twelfth grade'; py attending any neighboring graded school furnishing a higher course of study, and the tuition charge therefor shall be baid by the board of his home die- tnct, provided his home district does not pro vide instruction in such higher grades.” f*" contended by defendant that, because the electors of said district No. 19 had dee above the eighth. it would be ^sufficient ■ '$ 4 ': T 'T"' ^”7" vrrs F r r< . "■"." ’■." ""*• ""^T \ . .-- ■■ .**1' r" * ■ ^ * ;‘A ' ;* r # " - ' + “ * . v ■ $ ;'.. 264 STATE SCHOOL SYSTEMS : LB016LATI0N, ETC., 1906-0. Tfm reason why the pupil would be excused from attending school in his home district, and would furnish him grounds for attending sbme neighboring school where the higher grades were maintained. The fact that no provision for the higher grades had beep made in the home district would furnish ground for attending the neighboring* school within the same county, regardless of what caused such failure to so provide „ in the home [district. It is also contended, by defendant that there is no contractual relation existing be- tween plaintiff and defendant sufficient to support a cause of action for the recovery of the tuition in question. In this contention we also believe defendant to be in error. It is not necessary that there should be any contractual relation between the j parties under the circumstances of this case. The relation here is M quasi ’’contractual only, being an obligation imposed by law without regard to the intent or assent of the party bound thereby, but which is allowed to be enforced by an action ex contractu, and includes all cases in which an obligation to pay money is imposed by a statute. The obligation to pay arises by virtue of the statute, although there is no intention or agreement of the parties to create a contract. 9 Cyc., 243; Milford v . Commonwealth, * (144 Mass., 64; 10 N. E., 516; 2 Current Law, 285.) Finding no error in the record, the judgment of the circuit court is affirmed. Smith, taking no part in the decision. CONSOLIDATION AND TRANSPORTATION. i - r XII. Indiana. [Lyle v. Stale ex rd. Smith (supreme court of Indiana, June 22, 1009), 88. N. E., S50.] 1. Schools and School Districts — Public Schools— Pupils— Attenjjance--* Statutory Provisions.. Acta 1007, page 444, chapter 233, section I ( Burns* Ado. St., 1908, see. 6422), permits the trustees to abandon a school when the average dally attendance during the last preceding school year was 15 or less, anid requires such action when the average daily attendance was 12 or less. Section 2, Burns* Ann. St., 1908, section 6423, requires the trustees to provide transportation to other sc hoob for pupils affected by such discontinuance who Live more than 2 miles, and for all pupils between the * ages of 6 and 12 who live less than 2 miles and more than 1 mile from the schools to which they were • transferred upon She discontinuance of their own school. Upon the dlsoonUnuance of the school which relators Children attended, the driver of the conveyance procured to carry the chi.dren to another school established a uniform route ^lbng which he would meet the children at designated points every morning*. nwchlM being required to walk more than five-eights of a mile to the wagon, and relators child only beta) required to walk one-half mile, by which means allx>f the children * on the route could be gathered in one wagon and delivered to the schoolbouse in an hour and s quarter and returned in the same length of time, while to drive to each pupil's house and return him there in the evening would require some six hours a day, and necessitate starting at an un- reasonably early hour, as well as additional expenditures for wagons. Held, that the statute did not require that children in -an abandoned district be furnished with greater conveniences than others, ana the driver was not bound to carry each pupil to and from his home, and the practice of picking them up along the established route, and delivering them there In the evening to walk home, wsi proper. x 2. Statutrb — Construction — Remedial Statutes. The statute, being remedial and administrative in character, should be liberally and reasonably construed, so that the words need not be given strict legal signification If, from the context, history, and object of the statute It appeara that it should be construed otherwise. 3. Schools anet School Districts— Public Schools— Officers— Appeal from Decisions. * L j township trustees as to any i to and horn schqpl upon tbe discontinuance of their own sohool, as provided for by Acts 1907, page 444, chapter 233, sections 1, 2 (Burns* Ahn. St., 1908, secs. 6422, 6423), oould appeal to the county superintendent to review such decision^ Appeal from superior cou^, Marion County: LawBon M. Harvey, judge. Mandamus by tbe State, oWthe relation of John C. Smith against Charles C. Lylq, trustee of Lawrence school township. From a judgment granting thg writ, defendant appeal*, Reversed and remanded, with directions to quash return to the. alternative wilt,' and for Jprther proceedings. * , - lator is seeking to compel by mandamus appellant, as trustee- to traidsport Is child, .who i of school age, to and from the pubv oi. Iihi! verified petition for the inr& attd which forms Apart of the temi iVi I’tiV'ifc r-.ii; iil,' RECENT SUPREME COURT DECISIONS. 266 tive writ, besides formal averments, among many other things he alleges that he is the father of Esther Smith, who is over the age of 6 yeare, and resides with him in school district No. 7; that in 1907, the daily average of pupils in attendance at the school held in said district having been less than 15, the defendant, as trustee of the township, did discontinue and abandon said school, and did transfer the pupiU of said district to another school in said township located in Oaklandbn; that the relator and child reside 34 miles from the Oaklandon school; that the defendant as such trustee has provided for the conveyance of the children from said abandoned district to Oak- landon, and has established a fixed route of travel for the carrying vehicle in going to and returning from the Baid school; that the relator ’ b child is free from infectious diseases, and is entitled to be transported to and from the Oaklandon school to which she has been transferred as aforesaid, but the defendant has refused, and still refuses, to allow said vehicle to come to a point nearer than one-half mile from the relator’s house to receive and discharge his said child. The relator has notified the defendant that his child is of school age, and requested that defendant cause said conveyance to driv' lo hiB said residence and there to receive and discharge the child, but the defendant fails and refuses bo to do. Appellant’s demurrer to the alternative writ for iiiF .iiiciency of facts was overruled. Whereupon he filed a return to the wrjt, which, among other things admits his official character, the abandonment of the school in dis- trict No. 7, and transfer of the pupils, including the relator’s child, to the Oaklandon school as averred in the petition, and then alleges, in substance, that school district Np. 7 is 1$ miles wide east and west, and 2$ miles in length, north and Bouth, and the Oaklandon school is situate northeast arid adjoining said district; that a highway, partly graveled, runs generally north and south through said district, about the center thereof, and from which highway no school patron lives at a greater distance than three-fourths of 1 mile, and ail such patrons except three families reside from 300 yards to five-eighths of a mile therefrom; that, before the commencement of the current school year, the defendant designated and established a route to be traveled by the township wagon, commencing at the south line of said school district No. 7, and going thence northwardly over said central 7 highway to the north boundary line of the district, thus passing within a convenient distance of all the pupijp of the district, no one being obliged to travel more than five-eighths of a mile to reach the road over which the township wagon passed; that other east and west highways cross said cen- tral road which furnish the children living on either side of said central road easy and' convenient ways by which to reach the wagon on said central road; that, in estab- lishing said route, the defendant designated points nearest and most convenient to I th£ several homes of the children entitled to transportation as places where the town- ship wagon should stop and take them on in the morning and put them out in the evening. By such means a]l the children of said district are gathered between the hours of 6.45 o’clock a. m. and 8 o’clock a. m. of every school day, and transported safely, comfortably, and timely to said Oaklandon school in one wagon; that all of said children are dismissed from school at 3.55 o’clock p. m., and for three months in' boidwinter at 3.35 o’clock p. m., and a re* transported from school and discharged from the wagon at said stopping points in time -for them all to reach home before 5 o'clock p. m. and before dark; that one wagon could not drive to the homes of all the children m the district in less than three hours’ time, and could not reach Oaklandon in time for the opening of Bchool without starting at an unreasonably early hour, and many of the children in going and returning home would be' required to spend from five to six houre every scho&l day in said wagon; and it is averred that, to enable him to drive to the home of each child entitled to transportation to receive and discharge such child, it will be necessary for him to provide another wagon at a great outlay of money r and which, he alleges will amount to an unreasonable and unwarranted expenditure of thri public funds. He further shows that he has provided a' safe and comfortable convey- ance for nil school Children in'district No. 7 entitled to transportation, and that he is now engaged in transporting all of them to the Oaklandon school in safety and comfort, and without imposing upon any child hardship or inconvenience. The relators’ motion to quash the return for insufficient facts was sustained, and appellant refusing to plead further a judgtnentfora peremptory writ of mandate was entered against him. Theonly question presented may be thus stated: Is it the duty of township trustees under the provisions of the statute of 1907 (Acts, 1907, p. 444, chap. 233; secs. 6422. 6423, Bums’ Ann. St., 1908) to cause sqhool children to be taken up from and returned to their several homes in comfortable conveyances provided for that purpose? Oris that duty fulfilled by causing a proper conveyance to be punctually driven over a route so established arid maintained as to bring and Btop tire conveyance within a reasonable distance of the dwelling place of each pupil? The first section of the act provides that all schools at which the average daily attendance during the last preced- ing ephooLyear hasbeen 12 ot leas the trustee shall# and when the average daily attend- 366 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-9. t'* ' ance for the same period has been 15 or 1 ess, the trustee may, discontinue and abandon the s&me. Section 2 reads as follows: “It shall be the duty of the township trustees to provide for the education of such pupils as are affected by such, or any former die* continuance in other schools, and they shall provide and maintain means of trans- portation for all suck pupils as live at a greater distance than two miles, and for all pupils between the ages of six (6) and twelve (12) that live less than two and more than one mile from the schools to which they may be transferred as a result of such discontinuance. Such transportation shall be in comfortable and safe conveyances. The drivers of such conveyances shall furnish the teams therefor, and shall use every care forthe safety of the children under their chaige and shall maintain discipline in such conveyances. Restrictions as to the use of public highways shall not apply to such conveyances. The expenses necessitated by the carrying into effect of the provisions of this act shall be paid from the special school fund . ” We can hot’believe that the general assembly intended that school children of districts abandoned under the provisions of the statute should be relieved of effort and incident exposure in going to and returning from school; or, in other words, that it was intended to furnish children in such abandoned districts with facilities and comforts superior to those enjoyed by school children generally throughout the State. It is clear that it was intended that such children should not have less than they as a body possessed before their own school was discontinued. We must bear in mind that we are dealing with facts as they exist in Marion County within a few miles of the state capitol, where the school district is small and the school revenues abundant. But the law that controls these facts must likewise be applied to and control the facts in communities of the - State where the population is sparse, districts large, and revenues more limited. The eloquence of counsel for appellee with respect to the fact that this is an age of progress in th^ development of educational facilities and in the conservation of health is appreciated, but we are unable to acknowledge that there is reason or authority for bestowing special benefits and favors on a particular class of children. The statute is clearly remedial and administrative in character, and should receive a liberal and reasonable construction. (State ex rel. v. Schmetzer, trustee, 156 Ind., 528; 60 N. E., 269.) We are not, therefore, required to import to the language of the law the strict signification ordinarily warranted by the words employed if, from the context, the subject, the history, and object to be attained clearly show that the general assembly intended that it should receive a modified interpretation. * Turning, then, to the construction of the statute, it will be first noted that the chil- dren who are over the age of 12 years and reside within a distance of 2 miles and chil- dren uhder 12 years who reside within 1 mile of the school to which they have been transferred are not entitled to transportation by the trustee, but must make their own way to and from school. This exception is significant. It shows twb things: (1) That the lawmakers did not intend to bestow special privileges and immunities upon „ the patrons aud children of abandoned districts, and (2) that in the legislative judgment" 2 miles in the one case and 1 mile in the other are not unreasonable distances for chil- , dren to walk in attending the public schools. Furthermore, if it was the purpose to relieve the children of the district from the fatigue of walking, both before and after spending the day on the benches, the reason why the right was not extended to all the children of the district is obscure. It is beyond belief from these and many other considerations that present themselves, that the spirit o! the statute require the trustee to cause a conveyance to be driven txrthe home in the morning, and again in the evening, and take up and leave every child residing beyond the limited distances at his own dooretep, when many of the children might reduce the time en route twofold by the generally pleasurable and health-giving exercise of a reasonable walk. Being a matter of administration, the whole subject muBt necessarily rest largely upon the sound discretion of the trustee reasonably exercised. The determination of questions - arising in the establishing of such' a route relate to school matters, and, if a patron is dissatisfied with any decision of the trustee with respect to the walking distance, or any other decision relating to the transportation of children, an appeal may doubtless v be had to the county superintendent under the provisions of section 6667, Bums' Ann. St., 1908. (State v. Black, 166 Ind., 138; 76 N. E;, 882; State v, Schmetzer, 166 Ind., 5^8; 60 N . E., 269.) As a public officer, it is the duty of the trustee to furnish the chil- dren of his township of school age with reasonable facilities for attendance upon the public schools; It is just as plainly bis duty to subject his township to no unnecessary or unreasonable expense. If' he can, by requiring the pupils to nyalk a reasonable distance to meet the conveyance, comfortably, safely ana timely transport all the children of the district in one wagon or conveyance, he should not subject hiB township to the expense of two wagons in performing the same service. If can hardly be doubted that the mirthful play of well-clad children in the open in journeying over fences and fields, and along highways for short distances, is more hygienic and sanitary MM mm* — - BKCENT* 8UPBEME COUBT DECISIONS. . 267 » % 1 and in the end better (or the children, than to assemble and haul them in closed 1 vehicles— sometimes too warm, sometimes too cold— (or hours at a time in doubling the travel to the several homes. The health and protection ot the children should in all cases be (undamen tally considered. Their ages and sex, whether they must 4ravel alone or in company, the character o( the way, the facilities (or rest and shelter while waiting (or the conveyance in inclement weather, are all proper matters to be weighed in determining what is reasonable. It seems to us that it should not be difficult to make just and reasonable arrangements in all cases where there is a proper cooperation by the parents and trustee,. Appellant alleges, in substance, in his return to the alternative writ that the route established by him for the school wagon was so laid down that no pupil is required to walk from hfe home to reach the wagon exceed ingfi ve-eigh the of 1 mile, and the relator's child one-half mile; that he designated points nearest and most convenient to the several homes as places for the wagon to stop, and take on and put off the children { by means of which he was enabled to gather all the children in one wagon, and deliver them at the Oaklandon schoolhouse between 6.45 and 8 o'clock a. m., or in one hour and fifteen minutes, and return all of them in the evening in substantially the same length of time, and before 5 o'clock; that to drive the wagon to each home would- j require three hours in the morning, and the same in the evening, thus compelling the start to be made at an unreasonably early hour in the morning and afternoon, and to j provide, - .man, and operate another wagon would incur a heavy outlay of money and I unreasonable and unnecessary burden upon the revenues of the township. We think this return to the alternative writ was sufficient, and that the peremptory writ should have been denied. . j Judgment reversed and cause remanded, with instruction to overrule appellee's motion to quash appellant's return to the alternative writ, and for further proceedings j in accordance with* this opinion: j XU!. Missouri. S68 state School systems: legislation, etc., ieos-e. ; * S. 8ohoo ui a mp School Districts— Consolidation or Districts— Petition n» gga^JSa^ 7. Schools And School Districts— Consolidation op Districts— Tim b op Filing jim keep a record, as it must be presumed that be did not act on a petition not filed in time. " . r \v wt *** ,oouui *i uu uie relation 01 scnoci district iSo. I in town. V- ■* 5 . 0 ' ™ n f. ? 0 - 3 E • •8 aiMt J - Will Andrae and others, to review the oon- s^dation^cbool districts. From a final judgment for defendants, plaintiff brings J ' At tb ® ^Jfool meeting in April in the vear 1905, an attempt (whether successful or unsuccessful remains to be determined) was made to change the boundary hne between two adjoining echoold ist riots in St. Louis County: ThoVlator isoneof raid two and school district No. 4, in township 45 N ., range 3 E.,'is the other. A (ter the 1 if°!k “* ° n ! d,8,r, r . »« objection to return and 'motion for C ° m r re,a u tor *.-» nd objects to the returns herein made bv the a? 10 ' a L eg ! 8 J httt ^. a PPOftre by said returns that the proceedings of are* void ? f ? ubl1 ? stools of said couiity and alleged arbitrators, are void, and that defendants had no jurisdiction to hear or determine or decide the matter in contrqverey, as stated in the petition for writ of certiorari filed herein and which petition is made a part hereof, for the following reasons to wit* It does not ft fiDding ’ order ’ <* judgment of said alleged boa,d oTarbi- witM t ^ ,d / €tltl ?. D or u a PP 0al V® 8 ° led with or presentee! to said superin- tendent within five days after the annual meetings in said two districts* (2) that said a P ( P 0,nt ® d four disinterested men, resident taxpayers of raid county HatofrJrft k a j ,0ardaf arbitration; (3) that the other defendants alleged and claimed to. be said board were or are disinterested or were or are resident taxpayers of lt ) 'l bat ,^ dal , l ,^ ed , board . met8a jds u tx : nutendentatany timeor^lacein Bald county , (5) that said alleged board met with in fifteen days after said annual school * <£ ft? V, D0 l k °, 0t **» and P>“® of raid meettog it any wtheU. bv In Jr®* ?l ator be re in: ( 7 ) tbat a petition desiring any change of boundary ‘ Cla Rl ve ? or fece, y«d by the clerke of either of said two district T ^ y o f mors. prior to the annual meeting in said diatricts; (8) that aiiy such i’fj 1 . 10 " desiring a. change of boundary was signed by at least 10 In tbi*c r b«^tf lI f g iif b S th 0 of “id districts; (9) that any such petition drawibed of boundary desired; (10) that both of the clerks of saiddis'tricta posted ££“?*.*? be posted, notices of raid desired change in at least five pubbe ofirera in U>th of said districts, at least fifteen days before aafd annualmeeti^^ll) Say •>' ‘ . - : BECENT SUPREME COUHT DECISIONS* 869 notices claimed to have been posted in said districts contained a description of said proposed change of boundary; (12) that either or both of said districts voted on said proposed change of boundary ; 03Uhat any vote taken by said districts, or by either of them, did ordid not favor effia proposed change of boundary ; (14) that the decision of said alleged board of arbitration conforms to the proposition contained in any notice of the said proposed change of boundary ; (15) that the decision of said alleged board . of arbitration conforms to tho proposition voted on at the annual meeting of either or both of said districts; ( IG) that the alleged decision of said board of arbitration defines sets out, or describes the proposed change of boundary betweensaid districts and that said decision is sn vague and indefinite that tho rights of the respective districts can not he determined therefrom; (17) that the projxied change of boundary does not leave in any district, by actual count, less than 20 pupils of school age (18) that the proposed change of boundary between said districts is not made simply for the acoub sition of territory one from the other; (19) that any necessity exists for the proposed change, or the facta upon which any such necessity is supposed to depend; and it further appears that said board of arbitration exceeded its jurisdiction inlaid contro- versy, ami that said board hud no jurisdiction whatever to decide chid controversy for the following reasons: (20) That tho statute under which said alleged board was const. luted and organized is contrary to and in violation of article 6 of tho constitu- tion of the StAio of Muwouri and the amendments thereto (Ann. St. 1906 p 212)* (21) that said board as a c ourt attempted to act under said statute, and by mid article of said constitution tho legislature had, and has, no power or authority to constitute authorize, organize, or otherwise provide for any courts other than the courts in saiJ article enumerated, therefore relator asks tho court, by its judgment and finding to declare and hold tho pnjceedings of said alleged board null and void, and to vacate the same, and to render judgment for costs against said defendants ” The case reaches this court owing to the fact that the constitutionality of section R ? vl ™\ suites, ,s challenged. The portion of such section so challenged is the part which provides for the determination of appeals by the school commissioner, and a board of arbitrators and roads: “* * * But if all the- districts or parts of districts affected do not vote in favor of such change tho matter may. be referred to the county commissioner; and uiK>n such appeal being filed with him, in wanting within five days after the annual meeting, he shall appoint four disinterwted men resident taxpayers of the county, who, together with himself, shall constitute a board of arbitral ion whoso duty it shall be to consider the necessity for such proposed change and render a decision thereon, which decision shall be final.. When therois an equal rr"\rr mt >; «*»»» give the casting vote. The commiwioner shall at the time of the appointment of these members of this board of arbitration notify them to meet him at some convenient place in the county within fifteen davs after annual school meeting, where the deliberations of the boardshall Uke placo and I Mt* decision be rendered. But in making such change, the decision in all cafes shall conform to the propositions contained in tho notices and voted upon at the annual meeting; and the county commissioner shall, on or before the fast day of April traus- niit the division to the clerks of the various districts interested, or to the clerk of the district .divided, and the said clerk or clerks shall enter the same upon tho records of his or their respective district or districts.*’ I n counties where school supervision has been adopted by vote the name “superintendent ” is given rather than that of “com- * - m^iouer, but they perform tho same duties under this Btatute. Defendants in f n r ^ r J! a !T lh ? ttw 18 constitutional; (2) that district No. 4 is vitally iSil* 68 * ' and i 1 d b ? ve beon mad€ a party to the action nisi; and (3) that the law doeB not compel either the commissioner or the board of arbitration to keep a record and that the papers and records set out in th^ returns are sufficient. Such are the contentions of the parties. L We are first met with a constitutional question, and for that reason the cause . "“*« th.« court. Hon John W.MoElhiiiney, tho judge trying nbi. fi ted a written opinion upon this branch of the case, in which opinion wo concur. Tho SPjlfJj" “ „ f , u ‘ of re8earc h, and wp-jhall appropriate it as and for our discussion of ‘-biphase. of the case. His opinion fbads: Af aMmeuto-Nye been prewnted on the proposition that tho provision ™ fernD ? u th « <>* the necessity foVthe proposed separation of the district or change of bounder lines to a board of arbitrators gives to a body other pf * i udic ^ Jitter, and is therefore in violation of section 1 of article 6 of the Missouri constitution. The law as originally enacted in 22 1 i at t % ma “ er be re [ enred 10 t. he county commissioner for final decision, who should inform hipiself as to the nocessity of the proposed change, * and his deci- ro,mtv e ^ n — 1 b ° (2 R ? v * l 879 * Bec * 7028 * > ^Eve Q ^ th g isdid refer to the county commissioner the determination of a judicial matter, it was not in violation of 270 STATE SCHOOL SYSTEMS: LEGISLATION, ETC., 1908-0. I c fi* constitution of 1866, then in force. By that constitution it was provided as follows: ‘Toe judicial power as to matters of law and equity shall be vested id a supreme court, in dietti courts, in circuit courts, and in suck inferior tribunals as the general assem- bly may from timo to time establish. ’ (Const. 1865, art. 6, see. 1.) This would seem to authorise the general assembly to refer to the county school commissioner, as an ‘inferior tribunal for this purpose, the authority to determine such questions as these. The provision of the school law in this respect continued in force alter the change in the constitution iu 1875, and was changed by amendment to its present form in* the revision of 1899. (2 Rev. 8t., 1899, sec. 9742 ) Its validity must oe considered in its present fornkaa governed by tho constitution of 1875. That constitutional require- ment is as follows: ‘The judicial powers of the State as to matters of law and equity, except as in thiaxonstilution otherwise provided, shall be vested in a supreme court, the St. Louis couflKpf appeals, circuit courts, criminal courts, probate courts, county courts, and muDic^akmrporation courts.’ (Const. 1875, art. 0, sec. 1.) The consti- tution also providlnlhr appointment or election of justices of the peace, and the con- tinuation of other courts than those named or provided for in. the constitution until the expiration of the terms of office of, the several judges. (Id., secs. 37, 42; Ann. St , 1906, pp, 240, 242.) “The ' judicial powers* referred to in the constitution are those 'as to matters of law *hd equity/ This means such powers and authority as courts and judges exercise; such os legitimately pertain to an officer in the department designated by the constitu- tion as 'judicial;' such as are exercised in the ordinary forms of a court of justice, in a suit between parties, with process. It does not include overy authority, judicial in its nature, which requires the exercise of judgment or discretion. (State r. Hatha wav, 115 Mo. 36 f 48, 49, 21 8 \V. 1081, and cases cited.) This, body provided for in the school law is a mere board or commission, intrusted with the determination of a matter or matters in dispute like any other commission or board, but having no authority to take testimony, to swear or compel the attendance of witnesses, or t,o do any of "the ordinary acts incident to tho procedure of courts. Their qualifications are that they are to be ‘disinterested men, resident taxpayers of the county.’ They are not required to be sworn. (State ex rel v. McClain et al., 187 Mo. 409; 86 S.W. 1*35. ) They, with the school commissioner, constitute a ‘board of arbitration, whose duty it shall be to consider the necessity for such proposed change and render a decision thereon ’ They may consider this question in any way they think proper. There is no course mapped out for them. They may, and no doubt should, investigate for themsel vision their own observation ana information, as well as by taking the statements of others who are considered to have better information; that is, they should inform themselves, as the commissioner was required by the previous law to ‘inform himself.’ Such are tho ordinary qualifications, and such the course of procedure of ordinary bbards and com- missioners, and it does not appear from the law that they are to pursue any other or different course, of exercise any higher authority. "It is argued that the school districts concerned are ‘bodies corporate, ’ and as such are parties to a controversy, having their respective rights to be determined by the decision. This is true, out they are bodies corporate, possessing ‘the usual powers of a corporation for'public purposes.’ (2 Rev. St., 1899, sec. 9739; Ann. St , 1906. p. 4461.) The constitution requires that ‘the general assembly shall establish and main- tain free public schools.’ And, subject to a few restrictions, this power is left to that branch of the government. (Const., art. 11, sec. 1 et seq.; Ann. St., 1906, p. 296.) A division into districts is necessary , and the constitution expressly recognizes this. How this division shall be made is left to the general assembly.- There is no restriction, except the general limitation aalxftegislative action. That body establishes districts, provides (or boards of directors and county and city superintendents, and, under gen- eral laws, provides for local self-government in school matters. This is not deemed or considered a prohibited delegation of legislative powers. The districts exist for public purposes, under authority of tho State. It becomes necessary that boundaries should be changed, and new districts should be formed. This is lett in the first instance to If they disagree, the , who under tho former „ _ . r .. r | je, and decided it offi- cially as a school officer, and who under the present law acta officially, and in that manner selects and calls to his assistance citizens of the county, residents, taxpayers, but disinterested, who consider the matter with him and render a decision. They are local representatives of the State, qualified by their residence and property inter- ests, and selected by an officer on account of their fitness, to discharge a public duty with reference to the determination of a public question in which public interests are concerned. No one would contend that the legislature should itself act directly ia defining ch a ngin g the boundaries of each district in .tjke State, without delegating ;| BECEHT SUPBEBCK COUBT DECISIONS, 271 this to localauthorities, or that, however Decenary a change may be, it can be made only by eoqsent of both districts concerned. We must conclude that the method of appeal to the commissioner for his decision, or for his selection of a commission of dis- interested and qualified citizens to assist him in forming a decision, is eminently sppvo- prist*. And, unless there is some prohibition in the constitution, it should be upheld. It is nothing unusual in the law to provide that such matters of public concern, and even when they affect private inter should be considered and determined by a board or by commissioners. The selection of county seats, the location of public and private roads and drainage districts, the valuation and assessment of homeeteads and exemptions are instances. Others may be cited. All these require the exercise of judgment and discretion. But no one could contend that they must be done within . and by a court.'* With this argument and this conclusion we agree. The board of arbitration mentioned in and pro\ided for by section 9742, supra, ui a legal and condi- tional body possessing the powers granted to it by said section. This contention of relator is ruled against it. , 2. As to the merits of this controversy, the record before us shows the following return made by J. Will Andrae, county superintendent: “Now comes J. Will Andrae, school superintendent, and, in obedience to a writ of certiorari iwued on t{ie 29th day of April, 1905, by the circuit court of St. Louis County, Mo., and to me directed, does hereby return the finding of the board of arbitrators appointed by me, and made on the 15th day ol April, 1005, and with it a petition of the board of directors of the Orville school board asking for the appointment of the board of arbitrators, a copy of the petition . of the citizens of the Orville and Bonhomme school districts to the board of the Orville and Bonhomme school district* filed April 8. 1905, and the affidavit of the board of arbitrators, all of which papers are a part of the report and finding of the said board of arbitrator#.’* To this was attached the following papers: m “ Petition of appro!. ‘ ' ■‘Ohvillk. Sr. Lotus Oouvtt, Mo., * April 6, J905. “To J. Will Andrae, superintendent of the pwblie schools of St. Louis County, Mo.: lour petitioners, the undersigned board of director* of school district No. 4, township 45 pJ., range 3 E,‘ in St. Louis County, Mo., would respectfully represent and show that a petition signed by 10 qualified voters of said district No. 4 and of school district No. 1 , in said/townehip and range, a copy of which is hereto attached, marked 1 Exhibit A. was on, the 13th day of March, 1905, presented to- the respective clerks of said school districts Noe. 1 and 4, asking that the question of changing the boundary line between said district, as in said petition prayed for, be submitted to the qualified *votere of sqfid respective districts at the annual’ meetings, to be hejd in said respective districts qii Tuesday, April 4, 1905, That the district clerk of said district No. 4 caused 5 notices to be posted up in said district, in as many public places, at l^ast 15 days before the 4th dav of April, 1905. Which said notices contained a copy of said petaio» T ;and notified the qualified voters of saitkdistrict that the question of changing the district or dividing line between said districts as prayed for in said petition woula be subdntted to the qualified voters of said respective districts at the annual meetings K “ Md in said respective districts on 'i' A M * ■■ ■ held in said district No. 4 upon were cast in favor of thepropc „ , change. That m said school district No. 1 no votes were cast for the proposed change and 23 votes were , cast against said proposed change. Wherefore the undersigned board of directors of said school 'district No. 4, township 45 N., of range 3 E. would pectfully appeal said proposition to you as superintendent of the public schools of said county of St. Louis, Mo., and pray that you inquire into and determine, as the law directs, the necessity of ^aid proposed change in said boundary line, and that the same be^granted as prayed for in said petition. [Signature omitted.] ” “ Petition and notice for change of boundary. . u . "St. Lows Countt, Mo., March IS, I9Q5. I “To thb clerk and board of directors of school district No. 1, in township 45 N. ol .W - E., in the county of St. Louis and State of Missouri: You are hereby notified l^t toe petition hereto attached has been received by the clerk and board of directors pi school district No. 4, in township 45 N. of range 3 E., in St. Louis County, State of /Missouri, and is delivered to you by order of the board of directors of said district IB duplicate thereof remaining on file with me as clerk of said district No. 4. / Walters S. Pick clerk of school district No. 4, township 45 N. of range 3 E., in St. bmis County, Mo.” . ' * ! 273 STATE 8CH00L SYSTEMS : LBCHBLATION, ** Petition to change boundary line between districts No. 1 and No. 4, township No. 4S ^ N. t range 3 E. t in St. Louis County* State of Missouri. “To the qualified voters of school district No. 4., township No. 45 N. t range 3 £., and of school district No. 1, township No. 45 N.» of range 3 £. : The undersigned petitioners, qualified votera&nd taxpayers of district No. 4 and district No. l t township No. 45 N. t range 3 E., would respectfully prav that the boundary line between school district No. 1, township No. 45 N.. range 3E., and school district No. 4. township No. 45 N., range 3 £., all in St. Louis County, Mo., be changed so that thd following tracts of land be taken from said school district No. 1 and added to said school district No. 4, as follows, to wit; [Description of the tracts of land, 10. in number, the writer omits for brevity.] This change of boundafy line as above prayed for is not asked for the mere ‘acquisition of territory * or the ^acquisition of revenue,’ but because the land in question belongs to the patrons of school district No. 4| and the diversion of their taxes to district No. 1 works a jgrievous hardship and injustice both to the patrons and children of district No. 4: It is also asked for the purpose of bringing into said district N.o. 4 certain children who now attend the school in district No. 4, because of the convenience thereto. [Signed] Chas. Koevipg and eighteen othe^B.” " Affidavit . “We, the undersigned, having been appointed by the superintendent of public schools of St. Louis County, Mo., as members of a board of arbitration to consider the U necessity for the change of t o*boundary line between school districts Nob. one (1) and • four (4) in township forty-five north, of range three east, do solemnly swear that we are disinterested resident taxpayers of said county of St. Louis, and that we will do and perform the duties required of us as members of said board according to law and to the best of our ability. [Signatures and jurat omitted.]” • . t% Arbitrators' decision. ** Clayton, Jtio., April 15 t 1905. “We, the undersigned, Charles Cunningham, ^John P. Ossenfort, John D. Ripley, 1- and John Zimmerman, having been appointed by the superintendent of public schools oi St. Louis County as members of a board of arbitration or appeals to consider the necessity for the Change of the boundary line between school districts numbers one and four (4) (1) in township 45 north, of range 3 east, as prayed for in the petition hereto attached, and made a part of this report and* finding, assembled at the court- house in Clayton, the county seat of said county at 10 a. m., Saturday, April 15, 1905, and after, being duly sworn^ as shown, by the affidavit hereto attached, together with the superintendent of public schools of said county, heard all of the evidence offered according to said petition, and do therefore sustain the appeal. [Signatures omitted.) 1 These instruments constitute all the records in the office of the county superin- tendent^ and the arbitrators had *no records or papers whatever. The motion for judgment tapon the returns challenged the sufficiency of these records, and such sufficiency is the question forour consideration. Relator says that there is a failure to show any authority in the superintendent and' the arbitrators to act, and therefore their action is a nullity. We can not concur in the contention made by the relator. The petition for appeal is the document upon which the superintendent firstracts. If this petition shows that there has been a valid election held in the two interested districts upon the question submitted* and that one district voted in favor of the .* proposition and the other agaifist it, and this appeal -is takeq within five days, then / the superintendent acquires jurisdiction of the matter and can act. Does this petition so show? We think bo. It shows that the petitipn for the change of boundaryiline : (which is good upon its face) was presented to the respective clerks on March 13, 1905. -It shows that the clerk of district No. 4 posted up five notices, ^kith the petition attached ; tbat. such act was done 'more than fifteen days prior to April 4, 1905, the ' date of the animal school meeting} that at such meeting 24 votes were cast in favor of " theprop '■»•?* ** " KW3ENT STTpISmB COtlW DECISIS. $t$ ' -M section 9742, it was the duty of the clerk of district No. 1 to post these- notices upon the receipt of the petition, I t is presumed that this officer did hia duty, and the fact that the proposition wspfVoted upon lenda color to the view that he did penorm hia - ,duty. Whilst »thia avermeht is not just what it might be, yet we think when the ) whole context of the appeal paper is considered it is sufficient. These matters must be given a liberal construction. Upon this subject. Fox. P. J., in State ex rel. v. Job, 2Q5 Mo., loc. cit. 34^ 103 S. W., 602, haa well said: “While the statute controlling and regulating the public school systey of this State, and providing for the organization of school districts and the fortning of new districts ana the change of boundary lines in other districts, should be substantially complied with in order to effect the purpose ; sought under the law, yet the proper and prompt administration of such law is of such paramount imj$Drtance to the public that the provisions of the statute providing for the settlement of disputes arising in the organization of school districts or the forming of new districts should deceive at the hands df the court a reasonable and liberal con- struction. It is but common knowledge that matters pertaining to the interests of the public schools, in nearly all the districts pf this State, rest with plain, honest, worthy citizens not specially learned in the law, and if w6 are to look at all times for a strict I and technical compliance witiuihe statute, then we confess that numerous districts * ■ in this Commonwealth would fan of their purpose, for the reason their organization did not meet such strict and technical requirements. Under our public school system and the law regulating it new school districts are constantly being formed and old j ones divided and changed. Therefore what was said by this court in State ex rel. v. Town of Westport, 116 Mo., loc. cit. 695, 22 S. W. 888 [in which cash it was sought ! to annul the incorporation of a municipality], may be very appropriately appliea to ! the case at bar.” r „ But it is urged that the record fails to show the filing of the petition in appeal within five days, and for that reason there is a failure to show jurisdiction. So far as the record before us is concerned there is no file mark upon this paper, nor did the superintendent keep a record showing the date of the filing. The instrument itself shows the date of April 6, 1906, and the annual meeting was upon April 4, 1905. In abstracting the record the relator has^omitted the jurat to the oath of the arbitrators, the date of which might, or might not, tend to show the date of the receipt of this petition in appeal. For instance, had the jurat shown the qualification of these arbitrators within five days from April 4 it would have been a strong circumstance tending'to show when the paper was received. Of course they did not have to be appointed within that time, nor did they have to take an oath. (State ex inf. v. McClain, 187 Mo. 409, 86 S. W. 135.) But it has been said that no extended record is required in cases of this kind. Thus in School District v. Hidgin, 180 Mo., loc. cit. 79, 79 S. W. 151, this court said: “The only evidence of the formation and creation of a new school district in this State, when it has been done, as in the case of plantiff district, out of parts of two or more old contiguous districts, by the action of the county school commissioner and the board of arbitration called to hia assistance, is that a decision to so form the new district is made and determined; and thereafter the commissioner, on or before the last day of the following ^pril of that year, transmits the-decision to the clerks qf the various school districts interested 6t affected by the formation of the new district, and that said clerks enter the same upon the records of their respective districts. This may be thought a rather vague ana uncertain evidence of the coiporate existence of so important a public body as a school district, but the statute naa not provided nor required anything more definite or formal by way of an announcement of its forma- tion and creation, or as a record evidence of itg right to continued existence as a cor- poration, and as sftich the citizens and the courts must recognize it until its life and authority have been assailed and overthrown by the State in a direct proceeding by quo warranto to accomplish that purpose.” And in School Districts, Pace et al., 113 Mo. App., loc. cit. 140, 87 S. W. 682, the St. Louis court of appeals says: “It is contended by respondent that the certificate madelby the board of arbitrators, and transmitted to the clerks of the four districts affected, constituted the entire record °* arbitrators. If this question was one of first impression we would be inclined to hold that the record of these tribunals id composed Of the petition or peti- tions presented to the clerk or clerks of the district or districts and the notice® posted for the elec tioxir, 'for thq reason that upon, these doewen td depend® the j^^ScMon of the arbitrators to hear theappeal, fom them * districts affected.” The opinion citee and quote* from
reouirlne • f. “ ho ?i •*? ’ « th« *.w». j,, 3uwc! or th ” rt « n * d ' * 4. Schools and School Districts— Regulations — Vaccination— Statutes. In Banc. App&trom circuit court, Petti* Coufltyi Loufs Hoffman, Judee. \ Mandamw by the rtate, on the relation of J. E; O’feannon, against fc. B. Cole and etfaere, constituting the bond of achool directors of 8edalia; Judgment for relator, end respondent a appeal. Reversed and .remanded, with directions • 1-: Belafor is, a resident taxpayer of the city of Sedalia, and of the Sedalia district. Be id nlah the father ortwo children, aged between 8 and 14 years, jj :^j^e^lrem the ■ jjhblic achppls of said dirtrict by j m.df th action m ' a? tho BBCENT SUPREME -COURT DECISIONS. of the defendants, who constitute the board of dtrectowof the defendant school district mx 6 m«y n ^ boa f?uSf directors of said school district on December i, % , • tb ? f ? llow P8 order- - Whereae, it has come to the knowledge of the board of education that smallpox exists within the school district, that they deem ? t n^- ■ C ^L v! en j atte °^ 1D / ? eehool who have not been vaccinated must be vac- cinated withm thirty days. ’’ On January 8, 1909, said board made the following add U tional order: On motion the following resolution was unanimously adopted The , b ^l^d K DOt K CCept a c ? rt ifieate of vaccination unless the physician d^at^e that the child has been vaccinated with vaccine virus, and all children who have h<£i smallpox must bring a certificate from the physician in attendance to that eff^t • and W ™ e ?♦“£ ? ertlfi u Ca L e ,S a ? "r contagious character. This would be a refusal of admission to all the children of the district. They might, limit the exclusion td children from infected neighborhoods, or families in which one ^oe more of the members was suffering frpm the disease. For the same reason they " mpiay exclude such children as decline tq comply with requirements looking to.pre-, venticm of tWspread of contagion, provided .these requirements are not positively igrireasoriahle In their Character. Is the regulaSon now under consideration & reason* able.mfo? That is to he judged of ffflr the first instance by the city authorities and the hoard. It is only In the case of an abuse of discretionary powers that the court will undertake to supervise official* discretion.” And further, at page 484 of 162 Pa.', * page 742 of 29 Atl. (2& L. R, A. 152), the court says: “It is conceded that the boahi tnight rightfully exclude the plaintiff’s son if he was actuailysick with, or was just recovering from^ the small pox. Though Ire might riot be aff?«$ed by it, yet; if ftriof member of jejune wily was, the right to exclude him,- notwithstanding he - - BEOENT 8UP8EME COUBT DECI8ION8. 277 i be in perfect health, would be conceded. How tar shall this right to exclude one (or the good of many be earned? That is a question addressed to the official discretion of the proper officers; and, when that discretion is honestly and impartially exercised the courts will not interfere.” ’ In the Zimmerman case the supreme court of Minnesota thus expresses the law: u V u Fy 1 iH UG Z* 1 * 4 the 8tAtute8 °f our State provide that admission to the public schools 8hall.be free to all persons of a defined age and residence, and that, if anv parent having control of any child of school age is»denied admission or suspended or expelled without sufficient cause, the board or other officers may be fined* but all these statutory provisions must be construed in connection with, and subordinate to the statutes on the subject of the preservation of the public health and the prevention of the spread of contagious diseases. The welfare of the many is superior to that of T’ a ,u d ’ regulations compefling vaccination are intended and enforced solely for the public good, the rights. conferred thereby are primary and superior to the rights of any pupil to attend the public schools.” ^ The North i Carolina court, in Hutchins v. Durham, \upra, thus speaks: “The plaintiff relies upon Potts x Breeh 167 Ifl. 6/, 47 N.,E. 81, & L. R. A. 152, 69 Am. It. Rep. 2o2,.inat, in the absence of express legislative power, a resolution requiring vaccina- tion as a prerequisite to attending schools is unreasonable, when smallpox does not ®* 18 * 1 0 oommun *fy and there is no reasonable ground to apprehend its appearance. With the, present rapid means^of intercommunication, smallpox may make its appear- ance m any community at arijr moment without any notice given beforehand? and Iculable 'havoc be made, especially among the school children, which can not be remedied by a subsequent order excluding the non vaccinated. ‘An ounce of preven- tion is worth a pound of cure.’ Besides that case is not in point here, where smallpox had been epidemic and was still threatening. The language of the resolution making U permanent will not prevent its repeal 1 , if upon the subsidence of the danger the school board .of that dhy shall deem it proper to repeal. If the action of the board is not satisfactory to the public, a new board will be erected who will rescind the reso- lution. • The Illinois caH « thus criticised in the above is of the line of Illinois cases relied upon by the respondent here. It will be noticed, however, that tho Illinois rulqAtek not go to the extent of holding that a board of education, in case of a threatened sHll- pox epidemic, could not exclude pupils who had not been vaccinated. In the very recent case of People r Board of Education, 234 111., loc. cit. 425* .84 N. E.‘1048 (17 - p s *lj J°?)» doctrine of the Potts £ase is thus stated: “In the case'of ■ * ll ' 6 r’ 47 v^ ¥ 81 ’ 39 L * R * A - -L 52 ’ 59 Sts Rep. « 262, it was held that the exclusion of a child from a public scbooCbecause of a refusal to be vacci- nated, can only be justified *yhOre such course is necessary, or reasonably appears to be necessary, in case of an existing or threatened epidemic of smallpox and to prevent the 8 P; e a d o^t^ disease.. In the case of Lawbaugh v. Board of Education, 177 111. 572, 02 N E. 850, the court adhered to those principles and declined to further discuss them, although earnestly urged to reconsider the former decision.” c . 0UTt (State ex rel. Cox v. Board of Education, 21 Utah, loe cit. 414 and 415, 60 Pac. ibl 3). The courts may be somewhat divided upon the question as to .whether or not vaccF a conditions and at all times, may te made a condition, precedent to a child attending a public school; but the courts are practically a unit in holding that in the event of a present or threatened epidemic, such rules are reasonable and should be upheld by the courts. And such- has 'been the rule in States where there is no express authority requiring vaccination. * Videsome of the cases supra. Many States : have passqd laws requiring vaccination of pupils before entering schools, and these have been generally upheld, and that, too, m tbe.face of statutory and constitutional provisions making such schools open to all pupils within the required ages. ‘(Bissell etal , 05 Conn. 183, 32 Atl. 348, 29 1. R. A‘. 251; Viemeister „lvhite Pres - , etC p’ Sil 235 ' 72 N - E - 97 ' 70 L R. A. .796, 103 Am. St. Rep. 859, CommonwSh ' 48 Ati’lffi- r* 3 *!;' 242 ' 63 N - B - 719 > 67 f • R* A . 935; -Field v. Robinson, 198 Ba. 038, ™, A “- 873 -. Ja ?ob»* n tr. Masaiehusetts, 197 U. 8. 11, 26 Sup. Ct. 358, 49 L. W. 643 and cases cited.; To the opinion in the Jacobson case is appended a valuable note Wo “5 S?f c !lu ene8S ■ .T“ t ? nati ? n ’ ogBin 6f compulsory vaccination. further U P°P this branch of the case. JrNor shall we go beyond the case .f°L?' ear8 lhere M been smallpox la Sedalla. Withm two weeks df !r®‘ la '“ IBI ' thefe were yet cases there. At the promulgation of the rules in question, IS*-?. ..®. a nun »ber of cases, so there .Was not only a threatened epidemic of the th!^’ *jut “u epidemic itself. We are of opinion that school boards sn Missouri, in rj® e . v ®“ t a smallpox epidemic, ora threatened smallpox epidemic, Imvethe right o epforce such rules as were enforced in this pas®, Unto® they are precludea^thereftrom m * * !_i ■ , S 1 2 ‘ -■< ' _ C rA&'.y ■ by the In the first place, there *78 fffATE SCHOOfc-gTSTEMS: USOISLATION, ETC., 1908-0. by certain other elatutea relied upon by respondent, and these statutes we discuss in the succeeding paragraphs. ' 2. The contention of reap 1905 (Laws 19Q5, would force him school board are void. This act in no way affects these rules. VUCIU can be no prosecution of h parent for failing to send bis child to school uncjer tiis act of 1905 until after an officer of the school district has notified him to send such child and then, if he fails, a prosecution can be had. Respondent is in no danger of. violas ing this law. The act makes it a misdemeanor to violate its- provisions, and we have yet to'hear of a criminal case wherein a defendant was convicted of willfully violating a law, p when in fact he has manifested the disposition that this respondent has to com- ply with the strict letter of the law; but, laying aside all levity, the act of the school board, whose officer must initiate the prosecution by giving notice, would he an abso- lute defense. Beyond all this, the act of 1905 must be construed with the whole body of the school law, and, when bo construed, it can be made to harmonize therewith to the end that there would be no violation of the law. The same Question is discussed ip a way in the Minnesota case, supra, wherein the court uses the language herein- above quoted. It will be observed that the court says that all the statute^ must be construed together. The exact question before us came up in Pennsylvania, incase of Commonwealth r* Smith, 9 Pa. Diet. R. 625. Sfaith refuged to produce a certificate that his. eon had been vaccinated as required by the order of the board of education. Under the order the teacher refused to admit thp child upon application of Smith. The attendance officer (thq'SAme as provided for in our act of 190a) notified Smith to send his* child to school, and at the expiration of the time designated in the notice* proceeded to prosecute Smithy trod upon being convicted in the justice’s- court he appealed to the district court, in which court, Fanning, P. J., in an elaborate opinion in which is discussed the compul&uy ^hool law of that State (muchjike our own), reversed thp judgment of the lower court. * So that wo are of opinion that there is no yeal conflict between rules of the character involved in the case before us and the act of 1905?' This contention is therefore ruled against the respondent,* 3. Respondent chiefly relies upon section 9765, Revised Statutes 1899 (Ann. Sff 1906, p. 4479), as the battering ram by which the rules of the school board, supra, are to be demolished. This statute, it- is said, when interpreted under the familiar maxim of “expressio unius est exclusio ,alterius, M is an unsurmouhtable barrier to the exercise of the power exercised by the Sedalia school board. This atotuto reads: “It shall be unlawful for any child to attend any of the public sbhoola oi this State while afflicted with any contagious or infectious disease, or while liable to transmit such disease after having been exposed to the same. .For the purpose of determining the diseased condition, or the liability of transmitting such disease, the teacher or board of directors Bhall have power to require any childjo be examined by a physician dr physicians, $nd to exclude such child from school Belong as there is any liability jof such mseasg being transmitted by the same. A refusal bn the-part of the parent or guardian to have an examination made by a physicfen.or.physicians, at the request of the teacher or board of directors, will authorize the teacher or board of direc- tors to exclude such child from school; and any parentotgdardiah who shall persist in sedfling a child to school, after having boon examined as provided by^his sectioned fpund tb be Afflicted with any qontagioifs or infectious disease/ or liable to transmit the The maxim abobe quoted is purely one of construction. It is one of limited use and application, and, when applied in the constructional statutes, it must be with the purpose solely of gathering the legislative intent; thAtro-to say, whether or no’t the legislative body intended by mentioning one thing -to exclude all others. Of this maxim, Black, in his concise.and estimable work on Interpretation of Law (p. 146}, sayr “The maxim ‘expressio unius est exclusio alterius* is of very important, though limited^ application in the interpretation of statutes. It ig based upon the rules of logic and the natural workings of the human mind. But it id not to be taken as estab- ^ lulling a Procrustean standard to .which all statutory language must^be made to cdff- km*' 'On* the cojatmry, it is -useful only as a gpide in determining the probable inten- . tion of the legislature, *atod if it should be clearly apparent, ih any particular case, that the legislature did not in fact intend that its express mention of one -thing should 4 operate as ap exclusion Of all others, then tb^fiiaxim must give way ” And Endlicb, equally strong and expYessive, in his work on Interpretation^ Statutes (sec. 398), 1UK«HT SUPREME COURT DECISIONS. . 279 • v , 1 : • “ e «teeme option reentry in it ppii< tion ia emphasized wherever it is recognized by writers. Even as to penal statutes, it is said to be too general and eubjectto too' “““£ exceptions to govern the construction.’* In Broom p s Legal Maxims (8th ed) p, 6g, that noted writer usee this cautionary language: "It will, however, be proper to obterve, before proceeding to give instances inillustration of the maxim ‘excreasio nnius eat exclumo, that a great caution i» requisite in dealing with it, for, as Lord Campbell, €., observed in Saunders v. Evans, it is not of universal.application, but depends upon the intention of the party as discoverable upon the face of. the instru- ment or of the transaction.” - r . # u Other text writers and cases are along the same line. The maxim, as annlied to statutory connection, is of very limited use, and, when invoked 'at all: isfor the mere purpose of discovering the legislative intent in enacting the law. legislative mtent is at the basis of all statutory construction. • So that the real queetioh before ue m the construction of section 9765, supra, Is whether or not there was a legislative mtent to limit in this particular the broad poweregranted to school boards bv section. 9759 and 9764 to govern and control their respective sehoojs and to make afl needful rules therefor. We think not These statutes, bding pari materia, should bTcon- swued so as to make them each and all stand, if such construction fairly falls within the legislative intent, as such intent is oynay be gathered from them, Eet us analyze said section 9765. This analysis shows: (1) It prohibits a child afflicted with a con- tagious or infectious disease, or one exposed to such a disease and liable fo transmit the same, from attending a public 'school; (2) for determining either its diseased or exposed condition, either. tlje teacher or school board may require the chfc to be examined by a physician; (3) such child may be exclude/so long astoerebdwge? of tnimnutti^g such disease, (4) a refusal upon tfie part or the parent or guardian to pennit such child to be examined authorizes the exclusion ofsuch child from the school; and (5) if the parent or guardian shrill persist in sending such child to the school, such act is made a misdemeanor and ^ punishment is affixed. This analysis of the section shows that it is dealing wholly with a case where a child is actually diseased , or has been exposed to a disease of the character named. . The statute does not undertake tAabrogate the general power to control the school-given to the board $ ^tion 9759, supra, nor does it undertake to deaf with the subject of needful rules, as authorized by. section 9764, supra. One main purpose of this section 9765 is to provide a. punishment for tfcit.class of either careje^^mL^t parents, who are willing to inflict upcm- others the diseases and troubles of their own children. The first part of the statute, as said, deals with a concrete case of a diseased or exposed child; bpt by-no maxim, or other rule of construction, can we see how it *5 1 nactment ? f thiB 8tat ? te there was a legislative in^io . a flcho ° 1 . boa * d from enacting reasonable rules ta prevent the appearance of contagious or infectious diseases in the. schoolroom. T&e rules in qu«rtkn/ in d K° r i^ e p ,, urpo *i 6f P^ ve “tine the appearance o?disease in * Thl i th * e 8cho ° board can 80 lon & aajtneir rules are reasonable, under the general grant of power. As said, ,the statute felied upon by respondent deals loT 4 x Where ^ tUa h ^f a PP eared » 1 or witb ®- case where itk known that th ^ hf 8 been exposure, sthd thereby reasonably expected appearance of the disease .These statutes are not conflictmg. Nor is tnere apparent in the latter statute an> mtent upon tlte part of the legislature to exclude the powers of a school board ta SSwIi le ? JP 4 ®?* 1 ® 4 to fi«t appearance of smallpox in theVhool. In our ateD ? pt !? ® urtajf the P° wer8 oi a school board to pass needful f ^J 1 ??* 8 * ** Bta { ed m ft former part of this opinion, we shall not go be- yond the focte of the ca#, and, infconfining ouredves to the factt of the particular goqUlte P 0 . 1 ** M to bave b «sn done in the Rebenadfcase! for it does not therein appeaj that there was in fact either an epidemic of smallpox or ft #u^ ten - e v sP^coT smallpox. We are of the opinion that the school boards of Missouri havp the right to enact and enforce rules.of the character here in question at all times whenever there is either a ox epidemic in the district, or whenever tiZVl^S Qei 8roa,lp0X epidemic. very purpose ohufflS might be thwarted were we to actually await the e c itsSf. ^ From these views it follows that this cause should be reversed and remanded with directions to the circuit court to set aside its judgment making the alternative writ of P e ^®Pfo 1 7» ftnd to enter a judgment quashing tEe alternative writ and ruie. and for costs against the reldtor in favor of the defendants <’ All concur, excepirVALLEANT, C, at^nt, and Bueoess and Fox, //., who dissent STATE 80H00L SYSTEMS: LEGISLATION, ITfL, 100^-0. XV. W*»btafton. . * u ex rel. McFadden v. Bhorrock et el. (supreme oourtol Washington, 'Oct. 6, 1000), 104 P., 214.] 1. STATUTES— SUBJECTS AND : TITLES! - - - - Laws 1807. page 302, MCtioa 02, as amended by Laws 1005, page 203, chapter 142, section 3, raaklni It thedutyof a board of school directors to require vaccination m a condition of school membership, b german* to the general subject of theact, entitled 11 An act to establish a general uniform system of public schools,’* and therefore nofm oontravendon of the provision of the constitution that a ^bUI shall embraoe only^pne subject, and that shall be expressed In the title. 2. Schools JEnd* School Districts Conditions op School Membership— Stat- utes— Repeal. Lawvi897, page 356, chapter 111 aecttonyiEp. few) as amended _ - * ^ |uire vaccination as a condition of school membership, Is not re* lapter 231 ; providing for compulsory education 6f children, even if the latter makes attendance on public schools compulsory, and with the former makes vaccination compulsory. . . '3'. Schools and School Districts— Cojipulsort Attendance. The legislature can inquire all minors to attend public schools, and to be vaccinated before so attending. " 4. Schools and School Districts — Condition of School Membership — Excep- tion, to Statute* An exception to Laws 1807, page 39?, section 92, as amended by Laws 1006, page 263, chapter 142. section 3, requiring vaoclnatlon as a condition to school membership, is to be presumed In favor of children whose condition of health Is such that the operation would endanger their lives, or injure ; them mentally or physically. . * 5. Schools and School DiSTRicTS-tCoNDrnoN op School Membership— “ Suc- cessful Vaccination.” * Laws 1897, page 392, section 92, as afnended by Laws 1905, page 263, chapter 142, section 3, mak- ing It the duty of a board of school directors to require "successful vaccination ” as a condition of school membership, Is not too indefinite to be capable of enforcement; a common-sense construc- tion being to treat as successfully vaccinated not only one in whom the customary reaction follows 4 the operation, but one in whom nosuch reaction follows three several operations, thus evidencing ^ that he can not be vaccinated. * Department 1. Appeal frpm superior court, Kins County; Geo. E. Morris, judge. __ Application by the State, on the relation of J. Clinton *fcFadden, for writ ot man- date against E. Shoirock and others, board of school directors. From an adverse judg- ment, relator. appeals. Affirmed. f Fullerton, On October 30, 1908, the board of directors of Seattle schooWKstrict No.-l, King County, -State of Washington, at the suggestion of the commissioner of health of the city of Seattle, and the King County Medical Society,* adopted a resolu- tion requiring aH pupils desirous of attending the public schools of.the district to be successfully vaccinated as a condition precedent to their right so to do, further direct- ing that the resolution be not enforced against anyone whose condition of health was such aa to render it unsafe for him to undergo vaccination. Under the provisions of this resolution the appellant’s minor son was excluded from one of the schools of the gdistrictj known as .the University Heights School, solely because he refused to submit • vaccination. The appellant as relator thereupon applied to the superior court of King County for a writ of mandate against the board of directors to compel llipft to admit his son to the school. To his application the board of directors made a return • in which they ga^p, as reasons for excluding the eon, the resolution above mentioned, together with the recommendations on which it was founded ; the fact that smallpox •then existed to a gr< pr less extent in the city of Seattle, and was epidemic in a mild form ih many of . Lee, 57 Iowa 356* 10 N. W. 895 i i! t $84 i^TATE SCHOOL BTST^MS J LEGISLATION, BTC., 908-V PUPILS. ' INSTRUCTION, PROMOTION, DISCIPLINE. * • XVII. Mississippi, (Hob ha el al. v. Oermanj afral. (supreme court of Mississippi, May 31. 1900) 49 So., 515.] 1. 1 n/u notion t- School Ocmckrs— Rf.strainino Bnforcemknt of Rilf.k. V Code 190ft, section 4487, providing that the board of education shall decide all appeals from dec* . oos of county aupertnlendeou, etc., and section 4503, providing that In all controvmhvs arising under the school law the opinion of the county superintendent shall he first sought t from whose ns of county aupertnlendeou, under the school lew the optnlob m * *j«- ivom; lupTiuiinmnii <">»m nui wnnm. u«m «im3r decision an appeal may be taken to tbe state board of educal Ion, do not exempt l he school author!* w ties, acting beyond the scope of their powers and In violation of lew , from Interference by t he courts; and equity has lurisdkHkm to enjoin the trustees and the teacher of a school dlsl rict from enforcing an Invalid rule. t Schools and School Districts— Authority ok School Officers -Statiten. Code 1900, section 4525,/tnpoweiiqg t t\f trustees of school districts to prescribe and enfon>e rules not Inorastotent with law for the government of schools, and to suspemi add expel pupils for m> • conduct, and section 4023, authorising teachers to enfcrce rules prescribed for schools, and to hold ir - ‘ - . " % .pupils to a strict account tor disorderly conduct on the way to.and from school, on the playgrounds, etc., do not authorise tbe adoption of a nr requiring all .pupils of the school to remain in their hemes and study betweeo designated inputs In tne evening. • Appeal from chancery court, Lincoln Ceumy; G. G. Lyell, chamvllor. Suit by W. T. Germany, individually and as hext friend for his minor son, Henry Germany, against G. A. flobbs and others. From u decree sustaining the injunction granted, defendants appeal. ’ A (firmed. Mayes, J The town of Rogue Chitto compost* a separate school district, and the appellants are the trustees thereof and teachers therein. This controversy grot's out of the attempted enforcement of a certain rule, adopted by the teachers of tne school and ratified ny the trustees, by which it is required that all pupils of the school shall remain in their homes and study from 7 to 9 p.' in , and. the rule provides that aqy pupil who shall violate it shall be punished, either corporally or otherwise', in the di* cretion of the teacher. ' jUemy Germany, a minor about 16 years of ago and living withJiirf father in the town oi Bogue Chitto, was attending this echool. Some time during October, 1908, between the hours of 7 and 9 p. m., the father attended religious services held near by in the town of Norfield, and took with him his sou Henry, which the teachers consid- ered a violation of the above rule. On the son’s returning to echool the teachers^ in pursuance of the purpose to enforce this rule, undertook to punish him fop^thw Breech of theirrule, ana gave him his choice of submitting to corporal ptirMdnment or confinement in the schoolroom for forty minutes during the noon hour (of the period of five days. Under these facts, and being guilty of no other breach of the school law, young Germany refused to submit to either of tne proposed punishments, whereupon the school authorities compelled him to withdraw from tjier public school. # When this was done, the father, individually and as next frienfHor the son, filed this' suit in the chancery court, alleging that the adoption of the'fulf? isJbeyond the lawful power of either the trustees or the teacher*, and constitutes a usurpation of authority not confenred'upon them by law. The bill prnrf for an injunction against the trustees and teachers enforcing this rule, and also prayed that they' be required to reinstate young Germany in the school durfatfthe pendency of the suit and prohibited from inflicting any punishment be^auro of his infraction of the rul,e. The answer admits the adoption of the rulean its proposed enforcement, and the question being sub- mitted to the chanceUdroh a motion jo dissolve this injunction, the motion was over- ruled x and the ifijimeti on retained, from which judgment an appeal is prosecuted THe sole question presented by the record is as to the power of the school authorities to make ana enforce this rule. The first contention is that the chancery court is with- out jurisdiction to entertain this proceeding,. and eection 4503, code of 1906, is cited as authority for this contention. That section is as follows; “ In all controversies arising under the school kw, the opinion and advice of the county superintendent shall first be sought, from whose decision an appeal maVbe taken to the state board of edupation upon a written statement of the facts, certified by the county superintendent or by the secretary oHme trustees. ” And again section 4487 provides: f *The board of edu- cation shall decide all appeals from decisions of county superintendents, or from tbs •' decisions of the state superintendent; but all matters relating io appeals shall be pre- sented In writing, and* the board's decision shall be. final. ” It is argued that under . *\ : ' . — - - RECENT SUPREME COURT DECISIONS, 2$5 these two sections all controvcrsife which in any way involve any question connected with the government of the schools must be first submitted to the county superin- tendent, and from his decision an appeal can be taken to the state board of education; but, where the suite board of education decides it, the derision is final. And, say counsel for appellant, since the legislature has provided this exclusive forum to settle all tfffiool controversy and the appellees have not availecHhemselvee of this forum, they have no standing in any court. This argument may be sound when applied to any controversy arising over any mat- ter coming within the scope of the powers delegated by law to the school authorities; but the school authorities are not exempted from a supervision by the courts by virtue of sections 4603 and 44H7 of the code of 1908^consti luting the county superintendent and the state board of education the arbiters of controversies arising under the srhool law, in any case where the srhool authorities are acting beyond the scope of their power and in violation of law. Whenever a question arises as to whether or not the power of the school authorities to make a certain rule or regulation is reasonably within the scope of the power conferred oo them by law, the question is undoubtedly subject to inquiry by the courts. This was expressly held in the case of Kinter v. Toms, 129 lowk 441, 105 N. \\ 6X6, 3 L. R. A. (N. S.) 496, and in that cose the court was con- struing a statute very similar to the provisions of the statute now under consideration. Many other authorities to the same effect are cited in theffirief of counsel for appellee, to which we here refer. In thecaaeof Perkins r. 8cbool Bietrict. 56 Iowa 476, 9N. W. 366, where the statute provided that in any controversy with the school directors an appeal should be taken to the pounty superintendent, and thence to the superin- tendent of public instruction, where a controversy arose as to the power of the school directors to make a certain order, the court said : “The courts of the State are the arbi- ters of all questions involving the construction Of the statutes conferring authority upon officers and jurisdiction upopvpecial tribunals. It was certainly never the inten- tion of the legislature to confer u t»on school boards, superintendents of schools* or other officers discharging quasi judicial functions* exclusive authority to denude questions pertaining to their jurisdiction and the extent' oUheir power. All such questions -may be determined in the courts of the State: Hence, when the rights of a citizen are involved in tho exercise of authority by a srhool officer, the courts may dew whether such authority was lawfully exercised. ,r 4 - „ 7 , * We ore not concerned ip thiis case wit h what powers the legislature of the State may confer upou trusteed and teachers of public schools; but w’o are now only concerned with the powers which it has conferred upon them. As to the trustees, tiiefr powers “d dnl'ws are dearly, pointed out in section 4626, code of 1906, which arrfi *(o) To To suspend i _ _ ^ trustees have a limited, and not absolute, authority in making and enforcing roiesTor the govern rq,ent of the schools, and the teachers* authority in this particular is nar- rower than is that oj the trustees. The trustees can make and enforce ip rule incon- sistent with the law*. The power to do this is expressly prohibited in paragraph “a, " section 4525 (4006). Certainly a rule of the school, which invades Ahe home and wrests from the.paryiH his right to control his child around, his own /hearthstone, is inconsistent with any law that has yet governed \he parent in.thi^ State, and the writer of this*opinion dares hope that it will be inconsistent with ahy law that irill ever operate here so long as liberty laits, and children are taught tirevere and look up to their parents. In the home the parental authority is and styould be ipreroe, md if is a*muguided zeal t hatattempls to wrest it from them . By section 462?, code of . J906, the teachers are given authority ‘ to enforee the rules and reap lations prescribed for schools, and to hold pupils to a strict account for disorderly conduct on the way to ■ *nd from school, on the playgrounds, or during'recess, and suspend, for good cause, any • pupil from school, and report such suspension to the board of trustees for review, '* etc. These .sections contain all the power the legislature has seen fit ; lo give to the'trustees or teachers. It may not be easy to say with exact precision whaft rules may or may not. be adopted and enforced by the school authorities lor the government of a school. With the general powers we are not here concerted. Wo art simply called upon to dec d this concrete case, ana unhesitatingly say that the ruleattem ad to be enforced is a nullity beyond the power of the trustees to adopt qfc the t$achera to enforce. ~ 343) is an authority very (opted a rule prohibiting ** The directors of a school ;e and execute all needful The case of Dritt v. Snodgrass <66 Mo., 286, 27 Am. Re] ffiuch in point here. |n that caso the school directors pupils from attending social gatherings, and the court saii J district are invested with the power and authority tom _ niles-and regulations for thagovernmqnt, management, Andconfcroiof such school as 1 » e y may think proper* not inconsistent wA the laws of die land. Under the power &f 880 ‘ •OaWOt SYSTSMBS LW»MATIOir, BTC., 1 W»H>. ■HMB H sSB&5a^a& ■HMMHi ^saus^«j£SS^»^3 .3552333=8^^ Affirmed. XVIII. Ohio. [B °^ 01 EdaO8ti0n °* 8y “ m °" “ *'• ■’• 8 t *j§ £ »•; »**■• (.oprcm. curt of OKlo, Itor. 30 , 1909 ), 1 * Mandamus — Duty—Discretion. iff** ' 5*xW«« taob buriTfo «t^r I .." - * v » v, V,\ I. 287 f $P V '• " RECENT SUPREME COURT DECISIONS. i 8. Schools and School Districts— Boles— Reasonableness. * A rale which provides lor the proper examination at the end of the school year of pnpOs Jointly i by the teacher of the grade In which such pupils hive been studehts and toe superintendent of ! the sohools. and for the promotion of pupils to the next higher grade upon the recommendation of such teacher and superintendent, the same being based on merit, Is a reasonable rale. 4. /Schools and School Districts— Pupils— Promotion. A pupil who has favorably passed examination, and been given a proper certificate autborte- . lng him to enter the next higher grade, Is without right. In the absence of authority from tbs board of education, to omjf such grade to which he has been promoted and passed to a higher one. ; 5. Schools and School Districts— Pupils— Promotion. i Where, by direction of the parent of the pupil thus promoted, the pupil without authority of It the board enters the room of siush higher grade for thapurpose of remaining there, It Is the right ; and duty of the superintendent to refuse to allow the pupil to remain and direct him to go to the room 01 the grade to which he has begn promoted. 6. Mandamus— Board op Education— Promotion or Pupil. 1 In the absence of any showing that application had been made to the board for permission to h. the pupil to enter, such higher grade, and in the absence of showing that the board bhd before It I a report of its superintendent recommending' the promotion of the pupil to such higher grade, . mandamus will not Ue to oompel the board to order such promotion, even though It be shown that the pupil was, at the time of such attempted entry, In bet fitted to enter such grade. Error to circuit court, Wyandot County. Mandamus by the State on the relation of W. H.’ Wickham, against the Board of * Education of Sycamore and others. Judgment for relator, and defendants bring error. Reversed. The cause to he here reviewed was tried on appeal at the January term, 1908, of the ^circuit court of Wyandot, upon pleadings embracing petition (fif&l in the common pleas September 23, 1907). answer, and reply; the action being in mandamus brought by the State ex rel. W. H. Wickham against the board of education of the.Syoamore village district, F. J. Remington, and Fred Teal to obtain ’the issue of a writ of man- damus to compel the hoard to promote a son of the relator, one Teny. Wickham, to en\er the seventh grade of the village schools, and the teachers, Remington and Teal, to receive relator’s son into said grade, and commanding them to give him instruction in the prescribed work of said grade. It was averred, among other things, in substance, in the petition that the school in the district is what is known as a graded .school, consisting of eight grades in which the common branches of study are taught, and high school; that the defendant ^red Teal is employed by the hoard as teacher in the seventt}*£rade; that by the course of study prescribed by the hoard it -was required that certain studies be pursued and a certain degree of proficiency attained therein by pupils before they take up the work in the next higher grade; that Terry Wickham, having made the necessary pro- ficiency in the preceding grades, and having been examined by Fred Teal, the teacher in the seventh grade, ana by Remington, superintendent of the schools, and having been found proficient and well qualified in the work prescribed for the preceding grades, applied for admission into the seventh grade at the beginning of the present school year, and, although he was pronounced proficient by his teacher and superin- tendent in the preceding work and found qualified for the work of the seventh grade, he was informed that by some pretended rule emanating from the board he was pre- cluded from taking, up the work of the seventh grade* ana the teacher was not allowed to give him instruction in said work. Relator does not know the exact nature of the pretended rule, but this boy, although qualified, was refused admittance into said grade and in effect expelled from it. The said rule of the hoard which denies the right of relator to have his child receive instruction in the proper grade is unreasonable and beyond the authority of the board, is unlawful and an abuse of the discretionary powers of the board, and, as a citizenjot such district and a taxpayer therein, relator has a right to have his son receive instruction in the seventh grade, which right is unlaw- fully withheld from him by the board. Then follows the prayer as before referred to. i The answer, admitting certain of the averments of vthe petition not necessary to be here repeated, denied others, and alleged the age of the boy to be eight years, and as a defense averred that prior to tne year 1903 the board, pursuant to the statutes of the Sfate, made and published rules and regulations for the government of its appointees and the pupils, setting out in the answer in extenso said rules, among which rules were the following, given nere in substance: | . Th® schools of the village to consist of four departments, the first primary to include the first, second, and third years* the- second ary the fourth, fifth, and sixth years; the grammar m 1 the seventh and eighth years; the high school the freshman, sophomore, junior, and senior years. The school year to open on the first Mo ay of SCHOOL * SYSTEMS ? IJRG18LATI0H, BTC., 1908-8. September unless otherwise ordered, and continue thirty-four weeks. The course of fo , r > e "gveml grades as provided: That of the fifth. grade as follows: . Iwading^-Fifth Reader. Arithmetic— Part III, and supplementary work: Writ- mg— Copybooks 4 and 5. drawing— Book No. 4. Spelling—To lesson 50, Part II Written exercises continued, language— Part III and “supplement ary' exercises! CT^" E l emGn ^ completed and reviewed. Physiology— The House I That of the sixth grade as follows: a '•£***}?*-; Sixth Ifteader six months. Seventh Reader two and one-half months Arithmetic— Modem Practical to Common Fractions, Writing— Copybooks 5 and 6 Drawing— Book No. 5. Spelling—To lesson 150. Written exercises. Language— Elements of Grammar and Composition Part I. Geography— Natural Advances y n . Ited States. Physiology— The House I Li vein, completed " That of the seventh grade as follows: ‘‘Reading-Seventh Reader, four months. History- Eggleston’s First Book, four and one-half months. Arithmetic—' To Compound Interest. Writing— Copybooks 6 and 7. Spelling-Book completed. Written exercises using Spelling blanks Language— Parts II and III. Geography— Completed from United States. Physi- ology —Overton’s Intermediate.” , * That among the rules so provided for the promotion of pupils from one grade to the ?kfL hl - g *«? r 8Ucc o^i»g grade were the following: “Promotions shall be made on the basis of fitness only; and not on account 6f the size or age of the-pupil, or the wishes V* ? n i a * *i ue cred , lt be K iven > however, to the diligence, punctuality, Jf ^ of study , and general conduct of the pupil . Pupils will be promoted at the clo& of the school year, if they have obtained an average of 75 per cent with not less than 60 per cent m any branch. Pupils, whose general average is fair, but who have fallen below 60 per cent m any one branch, may be promoted conditionally and given an opportunity to make up the deficiency. No pupil shall be promoted during the year except upon the approval of the board and with the recommendation of the teacher and superintendent. ^ e As to pupils the following: ‘‘(1) Pupils, between the ages of 6 and 21 years, resid- ing in the district, are entitled to attend the schools, receive like instruction and be promoted from grade to grade on the grounds of merit and proficiency only. * * * (2) Pupils are required to be regular and punctual in attendance, to be diligent in their studies, to conform to the ruleg and regulations of the school, to obey the direc- Uom of the teachers and superintendent, to be respectful and courteous at all times to teachers and kind and obliging to schoolmates.” As to superintendent the following: “( 1 ) The superintendent shall act under the advice ana direction of the board of education and shall have and exercise complete supervision over the public schools, and he shall see that all the rules and regulations of the board of education are enforced. * * * (4) He shall direct as to the classi- fication, examination, and promotion of all pupils. J Also, as to the examination of pupils the following: “Pupils sha/ be examined at such times and id such (banner as the superintendent may direct. Ordinarily there will be three regular examinations each year; but there shall be given, in all grades above the third, at least one written review lesson or test in each branch every month. Prom these written testa no one will be excused. Any pupil, who is absent from the regular examination, shall not be permitted to go on witn his class until he shall have given a satisfactory excuse for his absence and passed a satisfactory special examina- tion. For all such examinations or tests a unifonn style of paper shall be used . Such manuscripts as the teacher may see fit to retain shall be kept on file, where they may be referred to and examined by any who may desire. The teacher shall make and record a careful estimate of the work of each of their pupils in every branch of study pursued. The standing of each pupil shall be determined from the daily recitations, reviews iji « JxmmtraDons m such manner 9 s the superintendent may direct.” ’ ’ All of these rules were well known to relator and to his son Terry at and prior to the commencement of the action. J p The school term for the year 1906 commenced the first Monday of September and ^ ^5* c,< * is *g May 16, 1907, during all of which time Terry WMa pupil in. (be fifth grade. At the conclusion of the term, he, together with all n ^k*”** 6 ’ !? Prided by themles, was duly examined^ the teacher of that grade and the superintendent for promotion to the sixth grade, Which teacher ?k? - 1 U ?k rl ^ n u the 8 ol ? a H thorit y 10 examine said pupils for presentation to gr $ de * * utlw >rity to exapaine for promotion of said pupils to the seventh grade. The said Terry duly passeathe examination, and was promoted to & |m to enter that grade as a pupil at the opening of the **i r fo1 and a, certificate issued to him as foilowB:"The Syca- taore J*ublic Schools. Terry Wickham, for proficiency in ®&udy, is promoted tg the '■■■■• • * 'j _ M ;i! RECENT SUPREME COURT DECI8ION8. 289 sixth gradd. (Signed J F. J. Remington, superintendent. May Gibbs, teacher.' Hay 22, 1907." This card of promotion was received, accepted, and retained by the eon with the consent of relator. At the opening of the schools in September, 1907 the eon without the knowledge or consent of the board or superintendent wrongfully and in violation of rule went into the seventh grade of the school in a different room from that of the sixth, and undertook to take lessons in said seventh grade, that after remaining there, without the knowledge or consent of the board, until Friday morning of that week, the superintendent informed him that he had not been promoted to the seventh grade* but had been promoted to the sixth, and requested hin/to enter the sixth grade. The pupil immediately left the school and did not retur/. and shortly thereafter this suit was commenced bv the father, and the board had i / knowledge of what had transpired as above set forth until after the service of /he writ herein The reply admitted that the board published the manual as alleged/and relator had some knowledge of what it contained, but denied that his son or trf superintendent or teachers well knew the same, admitted that what is alleged in th/answer, as to the organization, the school year, fifth grade, sixth grade, seventh gra/e, and promotion is alMound m the manual ; also that in the school year commencing In the firet Monday in September, 1906, the son was a pupil in the fifth grade and received his certificate of promotion set out in the answer, and that he kept the card will the consent of the relator; also, that at the opening of the school on the first Mondgyfin September, 1907, he went into the seventh erade in a room different from the sixth/ and remained, there until Friday, when expelled as in the petition alleged, and dc/iies all other allega- tions of the second defense. Then, as new matter, it is alleged tilt during the summer vacation, the son was under the tutorship of a competent instructor and completed all the work prescribed for the sixth grade and nearly all of that f*.¥» ^?e room of the seventh grade with his boojts can not reasonably be treated as an ^• >r P rt> ® ,0 *' lon that grade, since such an application should bemadetothc ’ '*,K n A1 8 K B,0 5’ *? d A® evidence furnishes no support for the allegation of the . petition that the boy applied for admission to the seventh grade. No request was made to either the board or suDenntendent, the boy testifies, for leave to go into that room He also says that, when Mr. Remington found him there Friday morning, he directed Oiin togo into the sixth grade, but that, in obedience to his father's direction, he took to books and went home. The superintendent testifies that he did not expel any from the seventh-grade room, and there is nothing in the testimony which warrants the con- clusion that the boy was expelled from the seventh-grade room as alleged in the peti- was directed to*go to the sixth-grade room to which he u* {L mony al f 8 K wa that ’ wl ?* n in the grate, the boy was 7 years of age although the am of scholars generally was from 10 to 12, averaging 11 yearn. tU teacher in the fifth grade, Miss Gibbs, testifies that her examination of the boy at the end of the spring term of 1907 showed that his work was exceedihgly good m some branches, and in other branches not quiuTso good. She spoke to him concerning his writing and as to mathematics, in which his work was not as high as that of quite a number of the class who were promoted to the sixth grade, and advised that he had best aosome work at home to perfect himseJf in those branches. None were promoted Irom the fifth grade to the seventh that year. It had been done in former years ® but only by direction of the board and the superintendent. In her judgment the bov was pot then qualified to enter the seventh grade. She had no personal knowledge of bis proficiency after that. It appears that the superintendent reported to the bwrd at its meeting 1 bursday evemne (a meeting which he had expected would be !u r„T ue ™ ay eveniD 8' thM he had made ft teat of three children' including Terry and that they were not qualified to enter the seventh grade. The board took no action and gave no authority in any way for the boy to be promoted to the seventh grade Tesii- mony waa given by two or three persons who then were or had been teachers, besides Mr. Kiefer, to the effect that they had examined the boy shortly after he left the school and found him in their judgment qualified to enter the seventh grade. These refer- ence to the evidence are made not with a View of reviewing all of it, nor for the purpose of attempting to weigh those parts which are in conflict, but for the purpose on I yof indicating the character of the case presented. U suffices; as conclusion, to say that the tr>al court e judgment importsa finding that upon the whole evidence the boy was qualified to enter the seventh grade both at the time he attempted to enter and at the time of the trial. It appears affirmatively and there is no conflict in respect to it that no request was made of the board.. either by the relator or the son, for the lattJr’s pro- motion to the seventh grade, and each knew that.his promotion card entitled him (o enter only the sixth grade, also that at least the father knew that the rules gave authority for promotion to bass over the sixth grade to the board and to the board only. It is also shown without denial that the board did not have presented to it at any time a recommendation from the superintendent, or eVen from a teacher, to the effect that the pupil was qualified for entrance to the seventh grade, but, on the contrary, as hereinbefore stated, did have before it the expressed opinion of the superintendent that he was not so qualified. It manifest from the whole record that the circuit court acted upW the belief that pe question whether or no the pupil was fitted to enter the seventh grade, and should have been promoted from thefiflh to the seventh, was rightfully to be determined by tne court rather than by the school authorities. But is this the law? Section 4017 p r o V ides i that the boafd shall have the management and control of ah the public schools in the district. Section 398& makes provision for the adoption u w®ii lations, as follows: “The board of education of each district shall make such rules and regulations as it may deem necessary for its government and the govern- . ment of its appomtees and the pupils of the schools; fond no meeting of a board of SH > ^dheation not pjrovided lot By its rules or by-laws shall be legal unless all the members aa provided foriii section thirty-nine hundred and aoventy- -•*3$ ( Following this authority, the board bad made and promulgated rules -and These rules stem to well coiteV thb case hand f ana to qe appropriate to the objects intended . f ous they appear reasonable, Anti quite I# I 2SCEHT 80PBEM1S UBT DECISIONS, 291 f- . ■ • t '* from grade to grade on the grounds of merit and proficiency only is provided for, the pupils on their part to conform to the rules and regulations of the school and obey the directions of the teachers and superintendent. The superintendent is to act under the advice and direction of the bdard, have complete supervishm of the school, and see that all the rules and regulations of the board are enforced. ¥ He is also to direct as to the classification ‘and examination, and, under the advice of the board, to the promo- tion of pupils. Abundant examinations are provided for, the manuscript to be kept on file for inspection of any who desir^tend the standing of each piipil to be determined from the daily recitations, reviews, tests, and examinations in such- manner as the superintendent may direct. The complaint in the present case is that the application of some of these rules to this pupil worked an injustice, in that it denied him the right secured by section 4013 revised statutes, to freely enter the school of the district, and thereby deprived him of a right of promotion which because of his advanced proficiency he was entitled to enjoy, viz, to be promoted from the fifth to the seventh grade on the ground of merit But who iB empowered to judge of the merit and the proficiency? Is it the father of the child or the school authorities? The trial court seems to have assumed that in the first instance it is the father, and finally the court. If the father in the first instance had not the right to determine the matter and direct his bov to refuse to go to the sixth- grade room to which the school authorities iiad promoted him, but go to the seventh- grade room and insist on remaining there, it is difficult to see how the court could have any power to interfere when asked to deal with a situation in which the parent under- took to do a a in this case, viz, override the school authorities in the management of the school. Jt is insisted in argument with great force and eloquence that the evidence eonclusivelv^hows that the boy was abundantly qualified to enter the seventh grade. The court, giving effect to all the evidence presented, so found, and we are not inclined to question that finding except to say that it was irrelevant to the real issue in the case. But the question is not what in fact were the qualifications of the boy, but what was the duty of the board on that Thursday evening when the situation as to the three pupils was called to its attention. The boy may have been qualified. Indeed it appears from the whole case that the pupil was mentally a precocious boy Whether it was best for the boy that he be thus crowded we need not inquire, though that consideration is sought to be impressed upon us pro and con. People, including educators, differ respecting the comparative harm likely to come to a child by untoward cramming and crowding on one hand, or, on the other hand, being kept back in his studies, with the probable resulting opportunity to acquire a habit of idling and wasting time, and probably will continue to differ to the end of time. As yet no better solution of the problem seems to have been made than to leave its determina- tion to the parents, who presumably have more than any others the good of the child at heart. But, though this conclusion be accepted, it would not justify the claim on the part of the parent to insist upon his way in the face of contrary opinion and decision on the part of the school authorities. In the light of the facta as they appear what dutv devolved on the board at the commencement of the proceeding in mandamus which it had refused to perform? We are unable to perceive any. It is to be empha- sized that no application had been made to the board requesting it to set aside the proper action of the superintendent and the teacher of the fifth grade as to the promo- tion of the relator’s son, 1 and direct an order of promotion to the seventh graded It had before it at the only meeting which the record shows was held at which its atten- tion was at all called to thw boy the information that he had gone to the seventh- grade room without authority, and the opinion and recommendation of its superin- tendent that the pupil was not qualified for entry to that grade. No abuse of discre- tion is apparent in its refusal to act. Indeed, the refusal was the natural and ftroper reBU it of the facts as they then appeared to the board. We are 6f opinion that the initial error occurred in the common pleas in overruling defendant s motion to make the petition more definite, and later in sustaining the demurrer of relator to the second defense of the answer. It is not, however, necessary * to e labor ie this feature, since the case ia susceptible of final disposition on the merits as made oh the uncoatradicted evidence. Substantially all of the testimony offered bv relator was objected to and proper exception saved. By the testimony yt the mmp ahd tus son it was made clear that the piipil was eetit te the room Of the seventh grade by his father and without permission of the school Authorities. In otbpr Words, it was nifoowh Jtfot.he was an intruder. The willingness* if H listed at any time, of the superintendent that the boy should go tp that room, coulcUnofr avail, as the rule espectmg promotions provided that they are to be made only, m conditions precedent,! on the approval of the beard based upon the recommendation of tfid tpcher &id BUperiEtendentv The testimony showed that neither condition s iil "4 . -*• •• * V /;• r? t --- ; — : tt; — 3TATE*SCHOOlr 8T8TBMdt tEGISLATION, BTC., 1908-0* bis part in regard to promotion, as well a a other matters, was required to be under the advice ana direction of the board.” The duty, therefore, to 4 ‘see that all the rules and regulations of the board are enforced/’ required him, without reference to any expression of individual opinion that he may have given as to the boy’s proficiency, to direct the boy to go to the room of the grade to which he had been promoted. So soon as this condition was shown, it became the duty of the court to arrest the evi- dence and dismiss the relator’* petition. It should be borne in mind, as an obvious and controlling fact, that the statutes impose the duty of the regulation and conduct of ail public schools upon the boards of education and not upon the courts, and interference by the courts with the discharge of those duties should not be lightly entered upon. If every little neighborhood dispute which develops a differ- ence of opinion with respect to the promotion of a pupil, or some other controv. nsy between parent and teacher of no greater seriousness, is to be rushed into the courts, the natural effect wiU be to unduly crowd the dockets and to impede the important and useful litigation necessarily demanding the attention of the courts. It is insisted by relator’s counsel that the board of education was composed of unedu* cated men, and hence was not qualified to judge of the merits of the pupil for promo- tion. We can not know about that. It is enough to know that the statutes impose the duty on such boards, they having the aid afforded by the teachers and superin- tendent, and, if in any instance they are not qualified for, the performance or such duty, ** would become the voters of the district to elect men who would be qualified. Tuese conclusions require the reversal of the judgment of the circuit court and the dismissal of the petition at the costs of the relator, which judgment will be accordingly entered Reversed. Crew, C. and Summers, Bavis, Shauck, and Price, JJ. t concur. XIX* Oklahoma, [School Board Dlat. No. IS, Garvin County, al. v. Thompson et al. (supreme uuurt of Oklahoma, May 13, 1909), 103 P., 578. j 1. Parent and Child— Duties of Parent. At oommon law the principal duties of parents to their legitimate children consisted In their maintenance, their protection, and their education. .While the municipal lawa took care to enforce these duties, yet it was presumed that the, natural love and affection Implanted by Providence in the breast or every parent had done so more effectually than any law. For this reason the parent, and especially the father, was vested with supreme control over, the child, including Its education. Except where modified by statu te,*that authority still exists. ♦ 4 % . ‘ ‘ . # 1 2. Schools and School Districts— POTils— Courses of Study. % The school authorities of this S tate have the power to classify and grade the scholars in their respective dlstrict&nd cause them to be taught in such departments as they may deem expedient. They may also prescribe tbe courses oj study and text-books for the use of the schools, and such reasonable rules and regulations as they may think needful. They may also require prompt attend- ance, respectful detriment, and diligence in study. The parent, however, has a right to make a reasonable selection from the prescribed coureoof study for his child to pursue, and this selection must be respected by the school authorities, as the right of the parent In that regard is superior" to that of the schdoi oilicers and the teachers. Appeal from district court, Garvin County; R. McMillan, judge. Mandamus by J. B. Thompson and ottfers against School Board District No. 18, Garvin County and others. Judgment for plaintiffs, and defendants bring error. Affirmed. ’ - Kane, C. J,: This was an action in mandamus, commenced in the district court of Garvin County by the defendants in error to compel the school authorities of the city of Pauls Valley, in said county, to reinstate their children in the public schools, from whiph they were expelled for the reason that Under direction of their parents they refused to take singing lessons, which it seems were a part of the prescribed course of study in said schools. The school board and teachers of the schools were infornfed by p the appellees that they did not wish their children to take singing lessons, that . they wbuia not supply them with the necessary singing books to do so, and Requested them to excuse .their children imm this branch* of the regular course. The school authorities refused to grant the request of appellees, and the appellees refused to furnish tbu singing books/ and., the children refusing w participate in the sieging exercises, were expelled* |t is agreed by both sides that, ween boiled down, the only ' question really invol ved in th js case is whether a patron of the public schools may make a reasonable selection from a course offtudy prescribed by tho p roper school authori- ties for hfs child to pursue, in opposition to a rule prescribed by such authorities HECENT 8TJPBEME COXJBT DECISIONS, question in favor of the appellees, and the appellants, not being satisfied with the judgment, bring the case to this court by petition in error. Tihere is some conflict as to the power to suspend or expel pupils for failure to par- ticipate in certain required studies or exercises if “the parents of the pupil request that the child be excused; but it seems to us that the weight of authority and the better reasoning sustain the judgment of the trial court. At common law the principal duties of parents to their legitimate children consisted in their maintenance, theif protection, and their education. These duties were imposed upon principles of natural Jaw 'and affection laid on them not only -by nature herself, but by their own proper act of bringing them into the world. It is tree the municipal law took care to enforce these duties, though Providence has done it more effectually than any law by im- planting in the breast of every parent that natural insuperable degree of affection which not even the deformity or person or mind, not even the wickedness, ingratitude, and rebel Kon of children, can totally suppress or extinguish. (1 Lewis ; Blacks tone, sec. 447.) The statutes of Oklahoma defining the relation between parent and child are in the main declaratory of the common law. Section 3763, Wilson's Rev. & Ann. St., 1903, provides that the parent, entitled to the custody of a child must give him support and education suitable to his circumstances. Section 3769, Wilson’s Rev, & Ann. St., 1903, provides that: “The authority of a parent ceases, first upon the of judicial cognizance in a civil action in the district court brought by the child, or* by its relatives within the third degree, or by the officers of the poor where the child resides; and when the abuse is established the child may be freed from the dominion of the parent, and the duty of support and edi/cation enforced.” Counsel for plaintiff in error states in his brief that tho only law in this State that would seem to recognize the old common law is to be found in the chapter on parent and child, the chapter from which the foregoing sections are taken; but be contends the old com mon- law idea that the parent has tlve exclusive control over the education of the child has long since been abandoned. We must find warrant for this statement in the statutory law of the State in order to agree with counsel in this contention. At common law the parent, and especially the father, was vested with supreme coutrol over the child, including its education, and, except where modified by statute, that authority still exists in the parent. ( Board of Education of Carteraville et al. tv Purse, Next Friend, et at., 101 Ga. 422, 28 S. E. 896, 41 L. R. A. 693, 65 Am. St. Rep. 312.) it is true that with the organization of the common school system throughout the State statutes have been passed modifying more or less the authority of the pareutover the child in school matters. Before statehood the general control and management of /the schools of this jurisdiction was under the general supervision and management pf the superintendent of public instruction, and the district schools were undef the immediate control of the district school boards. The district school boards, in so. far as the branches of study to.be followed in such schools after they had complied with the law requiring tho studying of certain branches, might substitute any other studies that might be determined upon by them. The board was authorized under the statute to suspend from school pupils who were guilty of immoral ♦ induct and con- tinued violation of the rules of the school; Itjs admitted that these laws in so far as they are not repugnant to the constitution of the State nor locally inapplicable, are still in force; but counsel for plaintiff in error contends that, no matter what the rule may have been under the old territorial laws, there can now be no doubt that under sections 308, 311. 312, 313, and 314, Bunn’s Ann. Const., the management of the public schools is absolutely turned overTo the legis- lature of the State, and that the compulsory education clause of the constitution abso- lutely destroys the old common-law doctnne'that the parent had the entire control over the education of his child, and that the uniform text-book law of the State abso- lutely places the course of study that is to be used in all the public schools in thin State in the hands of a text-book commission. The sections of the constitution referred tp by counsel provide: (1) that the legislature ahul establish and maintain PUWtc schools wherein ajl the children of the State may be educated; (2) that it shall provide for the compulsory fcttendanee at some public or other school, Unfew other means of education are prpvide?, pf all the children in the State who are sound in mind and body; between the ages of 8 and 16 years, for at least three^months in each year; (3) that the Supervision of instruction in. the public eehools shall be Ve 5i l 8 * 9^ education, whose powers and duties shall be prescribed by Jaw; ai i? lyM®* legislature shall provide a uniform system of text-books for the common schoqjs 61 the State. To our mind the right of the board of education to prescribe the coatee ol study end designate the textAjocfsto ft* uaeddow not canyorfthitthe Jljf/.q*. «. w ■* f| ■ th'k , • > p-'f: 294 STATE SCHOOL SYSTEMS : LEGISLATION, ETC., 1908-0. absolute power to require the pupils to study all oWhe branches prescribed iii the course in opposition to the parents* reasonable wishes in relation tq-eome of them. In Morrow t>. Wood, 35 Wis. 59, 1 J Am. Rep. 471, Mr. Justice ('ole, in discussing a similar proposition, save: “It is unreasonable to suppose anyscholar who attends Bchool cal? or will study all the branches taught in them. From the nature of the case some choice must be made and some discretion be exercised as to the studies which the different pupils shall pursue The parent is quite as likely to make a wiro. and Judicious selection as the teacher” / It is no argument in favor of limiting the common-law authority and control of parents over their children to say that tie exercise of such power may result disas- trously to the proper discipline, efficiency, and well-being of the q^oois. It is to be presumed that a nonnal reasonable man will exercise such authorityin a reasonable way. In Morrow v. Wood, supra, Mr. Justice Cole, upon this proposition, says: “We do not intend to lay down any rule which will interfere with any reasonable regulation adopted for the management imd government of the public schoolsor which will oper- ate against their efficiency and usefulness, ferfain studies are required to be taught in the public schools by statute. The rights of one pupil must be so exercised, undoubtedly, as pot to prejudice the equal rights of others,; but the parent has the right to make a reasonable selection from the prescribed studies for his chi Id. to pursue, and this can not possibly conflict with the equal rights of other pupils, * * * And how it will result disastrously to the proper discipline, efficiency, ahd well-being of the common schools, to concede this paramount right to the parent to make a reasonable choice from the studies in the prescribed course which his child shall pursue, is a proposition we can not understand. The counsel for the plaintiff so insist in their argument, but, as wo think, without warrant for the position.'’ In. State e. School District No. 1, Dixon bounty, et al., 31 Neb. 552, 48 N. W. 393, the supreme court of Nebraska had the same question before- it. Mr. Justice Maxwell, who wrote the opinion of the court, used the fallowing language: “Now who is to determine what studies she shall pursue in school? A teacher who has a mere temporary interest in her welfare, or her father, who may reasonably be supposed to be desirous of pursuing such course as will best promote the happiness of his child? The father certainly possesses superior opportunities of knowing the physical and mental capabilities of nis child. It may be apparent that alf the prescribed course of studies is more i^ian the strength of the child can undergo; or he may be desirous, as is frequently the case, that hiq child while attending school should also take lessons in music, painting, etc., .from private teachers. This he has a right to do. The right of the parent therefore to determine what studies his child shall pursue is paramount to that of the trustees or teachef. Schools are provided by the public in which prescribed branches are taught, which are free to all within the district between certain ages; but no pupil .attending the school can be compelled to stndv any prescribed branch against the } >rotest of the parent that the child shall not study such branch, and any rule or rel- ation that requires the pupil to continue such studies is arbitrary and unreasonable. There is no good reason why the failure of one or more pupils to study one or moro prescribed branches should result disastrously to the proper discipline, efficiency, and well-being of the school. Such pupils are » jt idle, nut niejelv devoting their atten- tion to other branches; and so long as the failure of the student*, thus excepted, . to study all the branches of the prescribed course, does not prejudice the equal rights of other students, there is no cause far complaint.” The same question was also decided by the supreme court of Illinois in the case of Trustees of Schools v, People, 87 III. 303 ; 29 Am. Rep. 55. In that case Mr. Chief Justice Soholfield, who delivered the opinion of the court- says: “But no attempt has hitherto been made in this State to deny, by law, all control by the parent over the education of his child, Upon the contrary, the policy of our law has ever been to recognize the right of the parent to determine to what extent his child shall be educated, during minority, presuming that his natural affections and superior oppor- tunities of knowing the physical and mental capabilities and future prospects of his child wjll insdre the adoption of that course which will* most effectually promote the child’s welfare. The policy of the school law is only to withdraw from the parent the right to select the branches to be studied by the child, to the extent that the exer- cise prihat right would interfere with the system of instruction prescribed for the V schqq^ and its efficiency in ipi parting education to glU enticed to share in its benefits. ~ ^ those ^rho attend school; but schools J No particular branch of stud y is comp ’ .?■ are simply provided by the public iri which prescribed branches are taught, which ^tre free to all within ihe.district between certain ages I» most primary schools it Would be both absurd and impracticable to require every pupil to pursue the same study at the same time. Discrimination and preference between different branches RECENT SUPREME COURT* DECISIONS. a due regard for the interest of the child will always require it, in mater or leas degree. It iB not claimed that every pupil attending the high school must pursue studv taught therein, and, manifestly, in the absence of legislation expressly requiring this, a regulation to that effect would be regarded a* arbitrary and unrea- sonable, and could nob therefore receive the sanction of the courts. Conceding that all the branches of study decided to be taught ift the school shall not necessarily bo pursued by every pupil, we are unable txf perceive how it can, in any wise* prejudice the school, if one brauch rather than another be omitted from the course of study of a particular pupil.” Further, upoq the satno question, the learned chief justice says: “It is possible that a father may have very satisfactory reasons for having his soil perfected in certain branches of education to the eutire exclusion of others; and so long a *, in exercising his parental authority in making the selection of the branches he shall pursue, none others are affected, it can b£ of no practical concern to those* having the public schools in charge.” * The foregoing cose**, it seems to us, state the true rule, and there are no provisions in our constitution or laws that make it inexpedient to apply it here. Our laws per- taining to the school system of the State are so framed that tne parent may exercise* the fullest authority over the child without in any wise impairing the efficiency of the sys- tem. The only decided departure froin the common-law rule is the section of our con- stitution providing for the compulsory attendance at some public or other achool, unless other means of education are provided, of all the children of the State who are sound in mind and body, between the ages of 8 and 16 years, for at least three months in each year. Blackstone says that the greatest duty of parents to their children is that of giving then! an educntion suitable to their station in life; a duty pointed out by reason, and of far the greatest importance j of any. But this duty at common law was not compulsory; the common taw presuming that the natural love and affection of the parents for their children would impel them to faithfully perform this duty, and deem- ing it punishment enough to leaven he parent, who neglect* the instruction of his family, to labor under those griefs and i neon veniences v which his family, so unin- structed, will be sure to bring upon him. (Lewis’ Bluckstone, book 1, sec. 451.) Our constitution provides for compulsory education; but it leaves the parent* free to a great extent to select the course of study. They may send their children to public schools and require them to take such of the studies prescribed by the rules as will not interfere with the efficiency or discipline of the school, or they may withdraw them entirely from the public schools and send them to private school*, or provide for them oriter means of education. /Under our form of government, and at common law, the home is considered the keystone of the governmental structure. In this empire parents rule supreme during the minority of their children. Aftc* speaking of the power of parent* over their children under the civil law, Judge Blacfcstone, in his commentaries, speaking of the corresponding power under the common law, says: “The power of a parent by our English laws is much more moderate, but still sufficient to keep the child in order and obedience. He nufv lawfully correct his child, being Under age, in a reasonable manner, for this is for the benefit oi his education. The consent or concurrence of the parent to the marriage of his child under age w’jis also directed by our ancient law to be obtained; but now it is absolutely necessary, for without it the*coniract is void. And this also is another means, which the law has put into the parent’s hands, in order the better to discharge his duty.” (Lewis’ Blackstone, book 1, secs. 452, 453 ) Again, in section 453 the learned commentator says: “The legal power of a father— tor a mother, aa such , is entitled to no power, but only to reverence and respect— the pow er of a father, l say, over thepersons of his children, ceases at the age of 21, for they are tht|n enfranchised by arriving at years of discretion, or that point which the law has established ,^a8 some must necessarily, be established* when the empire of the father, pi other guardian, gives place to the empise of reason. Yet, till that age arrive*, this empire of the father continues even after hi* death, for he may by his will appoint a guardian to lvis children. He may also delegate part of his parental authority, during bis life, to the tutor or schoolmaster of his child, who is then in loco parentis, and has such a portion of the power of the parent committed to his charge, viz, that of restrain! and correction, as may be necessary to answer the putposesjor which be is employed /’ 1 1 is clear that neither the statute nor common law g! veato the teacher or school officem the exclusive authority they claim jin this case over the children of the patrons of the public schools, unless they get it upon the theory that the mgre Act of sending the chil- dren to school amounts to a delegation of tjhe parental authority which the law of the land places in the hands of the parent; hut this contention is fully answered by Mr. Justice Cole in Morrow t. Wood, supra: ^ Whence,” ask* the learnea justice, * * did the teacher derive this exclusive and paramount authority over the child, and the ma mm 7 7 — ■ 'T y ' • '• • ,r 7 — ~ * r~ 296 ^ STATE SCHOdL SYSTEMS : LEGISLATION, ETC., 1908-0, toaay the parent, by sending his child to school, impliedly clothes the teacher with that power, m a case where the parent expressly reserves the right to himself, and refuse* to submit to the judgment of the teacher, the questiou as to what studies his boy should pursue n * * . We have made careful examination of the authorities directly In point on the ques- tion presented by tho record hereyind have foun^ that the courts ot last resort of four States have passed squarely upon it' Three of the States, Illinois, Nebraska, and Wuvonsm, sustain our views. A case from Indiana (State t. Webbhret al., 108 1ml. M- • 8 N. E., 708: 68 Aijj Rep , 80) seems to lake the contrary view. Mr. Chief Justice Howk, who delivered tho opinion of the court in Slate v. Webber, supra, based im opinion upon the fact that the parent did not assign any cause or reason why his stiould not participate in the musical studies and exercises of the high school, ami that therefore it may be fairly assumed thuthu had none. We believe the prosumption ought to be the other way. There are certain virtues that bray safely be attributed to Uio generality of mankind, among which are love off country and love of offspring. Tho, perpetuation of tho public school system of the State is probably as dear to the defendants in emir as it is to the plaintiffs in emir, and their interest in its efficiency discipline, and course of study as deep. They undoubtedly approve of the entire curriculum, except the singing lessons. Wo think it Would be a reversal of the natural order of things to presume that a parent would arbitrarily and without cause or insist on dictating the exmrse of study of his child in opposition to thoVoiirac eslablislud by tho school authorities. A belter rule, we think, would be to presume, in tye attiance of proof to the contrary, that the request of the |>arent was reasonable and iusi, to the best interest t>f the child, and not detrimental tn’the discipline ami efficiency of the school. *The school authorities of the State have the power to classify and grade the scholars in their respective districts and cabse them tolie taught in such depart- ments as they may deem ex|»e eliev , e the court below reached the right conclusion, and its judgment is there- fore affirmed. All the justices celhcur. INDEX ( figure! Id tfofjct refer to pages, others!* enactment nurul^r* or (Dj decMoas.] Academies. JS1-IM9; normal irelnltu, <«2, 004. Arade my 'of natural sciences, I'hUauriplila. 1031 . A dnitnlsirailve control. I-D 40. Administrative units, 61-67. 300-34.1. Ajnh'ultural ami mechanical colleges, Ark.. ?l Kla., 077; Hawaii, m: Idaho. Mrs; 111.. «;o. !«*»>. Iowa, 925, WO; Kans.. 9M; Kv.. t&l-tM: Maw.wcfc Mich.. wu; MInn...9M; Moni..ttt; N. II.. '.Ml, 1002; N. J., mi; N. Mex.. 987; Oreg., ifc I'ortn Ktco.991; U I..WX; x.. IS 1033; Utah. 73; Vi.; ttM: \Va2h., D 000. Arriniliutal education. Idaho, 21; Mich., 87fraC7; wlnn H; Tax., nmo. Agricultural experiment Station, 060, 900. 097-KMXi. A grin lit lira! extension. lUnn., 612; o., at- Ohio. 6ft “M. ... V Agricultural m ols Ar|c.. 685 : l. Aetiruliunr. high rhool courses, 24. t*. I) Ml. I» M2; teaching. Kith, tf . Hawaii. “?«>; Me.. M73; Mich., 24; W, Va.. tn, 624. St* oUo t’ottra** of study. Alabama, ccrtifleaies ami examination of trerh- ers. 610; child tatmr, ft, tiiiti; count v nlgli sellouts. M9; cotirs. * »f study. lempTohce. 709: examination and title* «tf ir*rhcf*. // school 1* rds. J» Ilf*;. school districts, jtsi; school fund. 36 1 . 370-371; achoolliotises. lit. t> -.**»"■ / stile t>oard of examiners, duties, t. 2; teachers' crrtl/icate*. 5»»; temperance Instruction, ft. Alcohol. K2-/M. Sr* *l*o Temperance instruction. Animals, humane treatment, IT]. Stt *tno four*'* ol study. Appropriation. for poor town*. N. II.. 2.1; for schools. Maine. 24; state normal school. Ark., ft. Arjtotp, de| widen! unddeUtxiueni children; Mm*; hlch Sctrools. county, funds, ft; higher education. 81*4; normal schools. tl, 6-567; school l m 7M; school houses, iwohlbltirtg * selling of liijuor near. 4W7; separation of and colored pupils, f*4s; university, Car ii.-gte fund. 943; V tii verdl v,‘ scl*>l*rshl|«. 21. ^ Arkansas, agricultural and mechanical college, tl. Nit;; compulsory .attendance, titiMitvS: county* superintcndency, 22; courses of study, agriculture.' 761; deaf-mutes, schools. 10UM061; national : grants, agricultural experiment stations, 997; nor- mat schools, 973; school attendance, 21; school i district*. 201, 202; school fund. 244; school taxes. J ft: school houses. 446; stale board of education, 22; state durational commission. 22; state uni* ' fortuity of text-books. 22; suspension and ex* , pulsion of pupils. 1)730. *72 D 722; taxation. 1 . university, support. 498. »H. 916; unlawful suspension of child from school, 1) 3. Associations, teachers, tt$. 8u ai*o Teachers, as- sociations. Attendance, place of, danger In reaching, Kans.. 2g-«o: school. tiS-lSt; school, Arts , 2/; IJel., 06; lod gwoy hlgh'school law, Kans., #4. JtaeOdiiy scholarships, 8. C., university, 27. Blind, edu n of, 2/0-00; Colo.. Wfl2; Pel., it, 1075; Fla. 10G3; Idaho, 1064; Ind., if; 1065; tows, 1006-1067: Minn.. 1076: Mont;, 02, 1009; WU.,1077; N.C.,O,107S; Okla.. 1071; Wls.,49, * 1079.. , • Board of accountancy, Ihd . 21. Board of dfrerlors. ictat^nsiliullons, S. C. ( 70. Board of ed oration. i to _itk> with ootnmlsslpo on industrial education. Mass . 65; duties, Kint, 1V11; duties. Mass ■' duties, N. Mex.. 37. 56;- Knoxville. Teon., charter provisions, 171; powers, Va , |i ,iv Board id examiners. Idaho. 21. V Board of higher curricula, 27, 19&-I9:, AMMMO. Boanl of tmstee«, stale normal srhool, action agAtnd. Idalto. D6.1. B ' of e*tu**ation.4>ouniy, district, 64-22; municipal, i4~tf2; railicy of courts. 1) IZt; promo- tion of pupils. 2*!-l»2: state. 39-42, 49 ; township, 34-d2. Srrjtifo School boams. Bomled IndebtcNlness. of school districts, Colo, 22. Bonds, ami Indebtedness, local. 99-91; local, 37t>- ■ W'hool d 1st rtils, Aoto. JM; school treasurers, N.lhik.lOi. . Building lor college of education,' Minn.. 2i. Iluildhttrs and sites, 94 -fuf, 4t*-v<>. 471-49)*: ap- l>roviil of itlans. I> |).; r 47d; 'd«s*orathm. sanitation, etc prohibition dtsirk ts. 497 - state aid, 10t-lUI, l> 4**7-470. “ • Bulletins, edueaitimal, superiniemlent of public Instrncilon. N. t’., (9. » Businevi i*olleges. Kans . 2f. t •p. t'alifomia, child lalior. *>70; colleges and armlnaries, itu'oriKwaiion, 1023-4026. coinpulsorv st tendance. *>70; contrerts, 117; conventions or county and s Hty superinU'ndeiiis, 4 V 22; eoamo|iolitan iA«al% J ft. 7tl6: county niirarv systems, 22; coutri: super** inteinh'uu, 7*>. so, 304; courans of study/TM, *7(i; . detent Ion at'hools, lOtSS; developmcitiaupervlsort In public srhool*. 22; election notices, Ik 3, I S3; farmers’ InsUiut*^. siA; h«*aJih tupservancp of, 22; . medical Inspection of w hiK>l*. 743; national grants, agricultural exjwimonl stations. 9 (N; normal srhool of manual arts and home economies, 22; public librarl***, ItMUHiKtl, 1047; srhool census, t£f7; school 1 1 *Ot, *J06; school fraternities . prohlNtcd, ft: srhool fund, 293.411, 372-375; school holiday. 7 h5t 780: a hool lands. 200; secret fratcr . , public sdtoob, 735; stale nonnat school. 5 sUte trades and training school, - 22. 967; superintendent of puhlio lostrujctlon, satailcs of clerks, 47; taxation, 4KV4I1; n* cvrtlflcales, .W7-50H, 531. 571. 010; Uwchcra* In- stltMnskOlO-612: teachers salaries, .550; , (>ov|. 22. 904. «». (umegie fdnndatlon for the advancement of educa- tion. Mi-297; Agricultural College, at, 947; Col- lege of Agriculture and Mechanic Arts, R. I., 905; MUml tnivcrsliv. Ohio, 90S; School of Mines,. Colo.. 9«5; State College of Agriculture and Me» chanfo ArhL toura,«ll; SUte institutions, 8. C„ . 966: SUte rornxtri CoB* * Mich., 955; SUte N«v mal School, Oolo.. 946; 8Ute Teachers’ Co) Lege, Iowa, 951; University of AHs.,943; Oaf.', 9 r ' u '< i m } . ■g* t;- - . :-j't / - # : rtw - S unu/-' "‘ ' l#HgUB5frfln Me* refer to pages; others tolsnactmept numbers or £D) decision^ " — i Census, school, 135-136; Cal., 637; Tenn.. G28 Certificates, teachors, ttO-ltt ; Ala., it; Cal., 507-508; Cok>., it; HI., tt; lie., t4; to teach agriculture, Mich., 14. See also Teachers, certificates. Certification 0/ teachers W is., 29 Child labor, ftf-m Ala., ft. 666; Cal., v 670: Conn., 671; Del., ti 2 673; Me.,lfi0; Mich., 083; N. Y., 691; N. Dak., m. 697; OklS* 698; Pa., 699; Vt, 703; Wash., 704; Wls., 705-707. Children, adoption, Minn., 1099; unlawful suspend slon from school, Al%, D 3. Children’s bureau, national, 43. Cities, school tax, levies, End., 131. City^ school systems. See Municipal hoards and City schools, ereetldn of buildings, Wls,, 178; organi- sation, Mo., 148, 149; trustees, Ind., 132, D 133. City superintendent, duties, Cal., 4; increase in salary, Mich.. D 141; not a contractor, Mich., D 140; term of offlos, Wls., 175. Civil government, teaching, Fla., 22. See also Ci vies. Civics, 1 7i. See a Iso Courses of study, Class legislation, Miss., tSl-tSS. Clerks, employment authorized. Mtnn., 147; for county superintendents, Minn., 94; school dis- tricts, N. J., 161; subdistricts In towns, Wls., 177. Coeducation, college for women, Fla., it; Univer- sity of Flo., tt. p %S3ftSg& "* the “ eeh “ s l cArt '' H ' 1 -’ Colleges, Del., 918-919; propose, Mass., 927. Colleges and universities, 196-S07; Carnegie fund, t06-t07; finance, lands, support, 904-941; nature and status, Me., 244 - 248 : normal courses, tt0-lt7 ; private and endowed, ttt-H 4 , 1023-1029; State, £00-t05, 914-941. afro Higher education; Uni- versities. See also under States. Colorado, agricultural college, Carnegie fund, 947; ■blind", school, 1062; bonds and elections, 184; con- solidation of school districts, 206; deaf, school, 1062; high school districts, 821 ; high schools, D 822; law schools, students, 1015; medical inspection In' schools, tt. 744; mental defectives, schools, 1057; mining school, 1007; school funds. 245; school lands. 270; school libraries, ii; school sites, D 119; school of mines, Carnogio fund, 045; state board of teminers, tt: state normal school, 570, 946; teachers’ certificates and examination®, 511; 'teachers’ salaries, ii; transportation of pupils, 206, 060; university, administration, 917; uni- versity, Carnegie fund, 944. "Common school,” definition, D 36. Compulsory attendance, 11^152,274-282; Ark., 667- 068; Cal., 670; Del., 672; Ind., ti, 674; Iowa, 23, , 675, 676; Me., 678; Mich., 681; klnn., 26, 684; ko., tB, D 685, 686; Nebr., 25; Nev., 25, 688; N. J., 689; N. Hex., id, 690; N. Y., 692; N. C., id, G93-605; N. Dak., 696; Tenn., 701: Vt., £ 8 , 702; Wyo., 1 9 , 708; relation to vaccination regulations, D 161. Compulsory education. See Compulsory attend- ance. Connecticut, certification of teachert, ii: child labor, 671; elections. 185, 187; evening schools, 799; New Britain schools, D 122; payments to town officers, 121; public libraries,, 1032; school fund, 246, 313; school holiday. 633: school houses, 471-473; state board of education, duties, 49; state normal schools, 571; supervisory umons L 12p; town management, public schools, Conn.. 207; tradasehoots, 868; trans- portation of pupils, 851;.tuber\khis instruction, 770; Women voters, 186. VI Consolidation of schools, 64-67,* w-tm, 200-243; 200: Ind., m-ie 7; Kanf, gfruo., M7- s 4 ~ , ura. uwiicia, iuwo, zaz-f&d . Conventions, county and city superintendent® tt, «,,, v ^cdWlty officers, Mich., 89; county officers, „ Wfo. M3; election of delegates, Wls„78v t ■; Cornell university, board fin trustees, 932. .* . ;.£i; > ,■ Corporal punishment, 154, Correspondence instruction, Minnesota university, Cosmopolitan schools, Z77-/7* Cal., tt, 795. Cotton, splnnable value, Tex., 1022. County agricultural schools, lnd. t tt. County boards and officers, 42-51, 79-181. County boards of education, N. C., 26; Wls., » County certificates, Utah, 1 8. County high schools. Kans.. D 189; Mo., 25. County institutes, aid for, Wyo., t9; III., tt. County libraries, Cal., tt. County normal training schools. Nev., ts. County school commissioners, election, Qa., tt. County school fund. Oreg., 27. * - County superintendency, mandatory In Ark , de- feated, tt. v.: County superintendents, Cal., 4, 79, 80; Ind., ti: Kv., D 85, D 80, O 87; Minn., 25; Mo., t5; Nebr.,** Utah, ts. See also County boards and officers. County units. N. Mex., tt. Courses of study, 171-177; agriculture, 781, 783; anl- mate, humane treatment, 777, 778; Cal., 764; civics 767, 782; domestic science, Minn., 783; Fla, agri- culture. 782; geography, Me., 766; higher educa- tlonal Institutions, Oreg., 899-900; history, Me., 766; manual training, Minn., 783; moral aodethlcal education, Cal., 776; music, 779, 780; Qk\n.,t9t-t96: physical education, N. Dak„ 768: physiology and hygiene, Idaho, 771; school hygiene, Mont,, 773f temperance. 769, 771; uniform, normal schools, Ariz.,£/;. W. Va.,765. Crippiedand deformed, tto, 1000. Curricula, higher, board of, 195-197, 899-900. " 0. Days of special observance. See Holidays, school. Deaf, schools, Colo t , 1062; Ha., 1003; Idaho, 1064; Ind., tt, 1065; Iowa, 1066-1067; Qkla , 1071; slate board of education to have supervision, Mont., 62, 1069; Wls., 1074. Set also Deaf-mutes. Deaf-mutes, tl8-tl9, 1060-1074; Ark., 1060-1001; Minn., 1008; Nebr., 1070; Oreg., 1072; 8. Dak., 1073. Decisions, public education, 31-t96; state supreme courts, m-m. Defective classes. tll-Ht. 1057-1685. Deformed, schools for, Minn., 1080. • Degrees, schools of theology, N. J., 1028. Delaware, blind, schools, 1075; child labor, 673; col- lege, administration, 918-019; commission, tt: compulsory attendance, 672; exemption of prop- erty from taxation, religious and educational in- stitutions, 247: public llbrrfries. 1033-1035; school attendance, 625; school district boundaries, 208; school fund, 314-315, 376; state school commission, 4; taxation, 412-415; teachers’ Institutes, 013. Delinquent children, tit-tt7: Ariz., 1086; Hawaii, 1088; Mich., 1089; Minn., 1000-1092; Mo., 1093; Okla.» 1095; Tex., 1108-1109; Utah, 1110. See alto * Juvenile courts. Deportment of public Instruction, duties, Hawaii, Dependent children, ttt-W: Aril., 1066; Hawaii, 1088; Mich., 1089; Minn.. 1090-1092; Nebr., 1101; Okla., 1095; R. I., 1107; Utah, 1097, 1110. Detention schools, Cal., 1098; N. J., 1LQ2-1103. Diplomas, recognition of normal school and col- lege or university, D 530-539. Dl^ipHne^rlgbt ^ enforce, Miss., 984-888: school, Discontinuance of schools, Ind., 212. Diseases, dangerous, Instruction. Mont., 773; spread of. Mont District boards apd officers, $/>~6t, B 116-181. District meetings, Wyo.. D 198, D 199. District of Columbia, dtejnfssai el teachers, D641; : policy or courts, B 123. Domestic science, iDd., bur 4sfeated, ke., 872; Jjloh-r Mf 876; Ohio. 814i Tex*, 889; Utah 1 818; ^ Wls. , 891> a/so Courses of study. Bmmatlo entertainments* minor children for* bidden to attend, Of eg,, 718 irfubatlon, MU. umsx. 299 [Figures It Mattes ref© to pages; others to enactment namhois or (B>) decisions] Education, board of control, W. Va.,f9/fund,Tenn., n, N. Dak., 96. Educational commission, bill tor, Ark., defeated, 9*. Elections, 69-6$. 182-D 199; Colo., 184; contents of noticw,.Cal., 182, 183; county high schools, Kans., D 189; dates, Nev., 157; form of ballots, Conn., 186, 187; in villages. Wig., 197; legalised In oertain dis- tricts, Minn., 143; qualifications of voters, N- Mex., 193; school, Mich., 190; school officers, Minn., 223; school officers. Wis., 197; school, 8. Dak., 194, 195. v Electors, qualifications, 8. Dak., 195; school district, Wis., 195. Elementary education, general administrative con- trol and supervision, 81-68; special state aid, 81-86. 311-343; supervision, 1-D 48; teachers, 106-116, 507-584. ' Emergency fund for weak sohools, Nev. , 96. *.v. Epileptics, school tor, Mich., 1081. Ethical education. See Moral education. * Evening schools. 178, 799, 800. Examinations, teachers, 91,310-116, 510-539. See also Teachers, examination. Examiners, state board of, Colo. , 99. Expulsion, Miss., *84-986; Okla., 999-996. P. 816; Fanners* Institutes, 180-181; Cal., 815; Fla., Okla., 817; Utah, 818. . Federal aid to education, 911-919 , 997-1008. \ Feeble-minded, sc'-.ools, 991; M ch.. 1081; Minn , \ 1082; Mont., 1089; N. 11., 1083; N. Dak., 1084; \ Okla., 1085. ' See also Mental defectives. ^Finance and support, 68-97. /Fire, protection of school houses, D 467-498. 8 ee also under names of States. Fire drills, 164-166; Ind., bill defeated, 9$; Mont, 723; Wash., 724. Flag. U. 8., I A schools, 109 , 604-506. Florida, agricultural and mechanical colleges. 977; blind, school, 1063; coeducation in college for women, 99; coeducation in the university, 99; courses of study, agriculture, 782; courses of study, civics, 782; deaf, school, 1063; farmers’ Institutes, 816; normal school, 99; school funds, D 318; school hygiene, 732; schoolhouses. protection against fire, 474; taxation, 416-417; teachers’ summer training schools, 614; uniformity of text-books, 757; univer- sity, changing name, 920-921; university, law department, 9^2. Foochow College, incorporation, 1027. Forestry, agricultural college, Kang.. 981. Fraternities, secret, in public schools. 166-167; Cal:. 99, 726; Iowa, 9S. 726; Mass., 727; Nehr., 728; Oreg.. 97, 729; Vt., 730; University of Wlsoonsln, 731. See also Oreek-letter fraternities. * French language, teaching, cosmopolitan schools, Cal., 795. « Fuel, discretion in purchasing, Ohio, D 166. Funds, school, Ky., SS4.' permanent, 78-76; state, general apportionment. 81-86. See also School Funds. G. Geography. See Courses of study. Georgia, agricultural and industrial sohools, 869; amendment of act approved August 23, 1906, D 6: county officerv8l,82; Juvenile courts, 1087; local taxation , 988-044; school funds, D 377; school holi- days, 787; state school of technology, 1016; taxa- tion^ D 248, 418-D 420; University, Carosgl!© tfund, German language, cosmopolitan Schools* 798* 8 reded sohools, Wis., 42, ALU n esflus oradll „ Gradual nils, Okla., D 717. wtlegeof university, Nebr., 08, Grain and flour testing, laboratory. Mtanu, 1015 Grants, national, to agricultural colleges and experi- ment stations. 1003; Airk.,997; Cal.,'998; Hawaii, 998; IJI., 1000; Mich.. 1001; N.H., 1002; Tex., 1004; W, Va,. 1006; Wfls., 1006. Hawaii, agricultural education, 870; delinquent and dependent children, 1068: department Of public Instruction, duties, 51 ; education, dividing Into districts, etc., 209; Industrial education, 870; In- ventories of government assets, 52; medical Inspec- tion bill failed, 98; national grants, agricultural col- lege, 998; public library, 1036; school fund, 249; school fund commission, 250; school hygiene, 734- 735; schoolhouses, 446-448; schools savings banks bill failed, 9$; superintendent of public Instruc- tion, duties, 50. Health of pupils. 8ee Hygiene, school; Medical In- spection of schools. Health regulations, 157-169; vaccination. Mo., 974- 979; vaccination, Wash., 980-989. Health supervisors In public schools of Cal., 99. High schools, 181-189; agricultural. Miss., D 841, D 842; old to, Minn., 96; Cal., 820; Colo., D 822; commerce. Mass., 837; county, Ala., 91, 819; county, Kans., D 189; districts, Colo., 821; free, Nebr., D 23, four-year course, Nebr., 968-968: III., D 824, D 825; Ind., 826; Integral part of school sys- tem. III., 966-968; Kans., T> 827, 828-829; Ky., D830; Me. ,|4. 831-836; Mich., 838-839; Minn.. 840; Nebr., 843, D 844; Nev., 845-847; N. H.,848; N. C., 849-850; Qhio, 851-852; Okla., 853-854: Oreg.. 855; Pa., 866; rural districts, Idaho, 823; K. I., 97; S. Dak., 857, D 858, D 859: Tenn., 861; transfer of pupils, 111., 956-968; tuition, S. Dak., 968-964; Utah, 98, 862; Wis., 863-865; white and colored children, Ky., 988-984. See also Secondary education. High-achoot graduates, Wis., 99. High-school Inspectors, Ohio, ^6. High-school law , Cal., 99; 8. C.. 97. Hlgh-sohool normal training, Kans., 602; N. Y., 604; N. 005: Porto Rico, 606. Higher curricula, board, 196-197. Higher education, 196-907, 894-902; appropriations, Ky., 961-966; finance, lands, support, 197-900,904- 941; private and endowed, 1023-1029. ^ Higher institutions, private and endowed, statMfe) control, 918-914- History, 179. See also Courses of study. Holidays, school, 136-1S7, 176^177; Ariz.,784: Cal., 785-780; Conn., 033; Ga., 787; Me., 788-789; Mich., 634; Mo., 635; Mont., 030-037, 790; N. H.,038; N. J., 639; N. Mex., 040-04 1,791; N. Y., 642; N. Dak., 043,792; Ohio. 644; Pa., 045; Utah, 646; Vt., 647; W. Va.,793; Wis., 794. Humane education, III., 95. Hygiene, school, 167-169, 179-178; Fla., 732; Hawaii, 734-735; Ind., 98; Me., 730; Mo., D 739; N. H., 737 J N. J., 738; Pa.. 740-D741; 8. Dak., 742. ' See also Health regulations; Medical inspection of schools; Temperance Instruction. . i. Idaho, agricultural college, 978; agricultural schools, 871; bund, school, 1064; board of trustees, state normal school, D 53; contracts, D 128, D 129; . county superintendents, 83, 84; courses of study, temperance, V71 ; deaf, school, 1064: graded school In Lewiston, 124; reports, 125; rural high school dis- tricts, 823; school districts, boundaries and union, 210; school fund, 293, 344; school trustees, duties, D 8; state school law commission, 7; summer nor- mal schools, 615; teachers' certificates, 514, 532, D 630; teachers' examinations, 510; trustees, 126, 127, D 128, D 129; university, Carnegie fund, 949. Illinois, agricultural college, ft79; certification Off teachers, bill failed, 99; county institutes, 08; courses of study), hWiM&e treatment of ahlmals, 777; free schoolsystera. %hlgh schools, *66-968, D 824, D 825; mining schoqUoOB; national grants, agricultural college, 1000; play grounds, 802; pabllo ^ * libraries, 1037-1038;scho©tdiscfpllne, D 709; school- houses, D 449; secret societies, D 130; state boar4 of education,, nil I failed, 98; taxation, d)421 ; trans- portation of pupils, D 652; uniformity of text- books, 757; university; Carnegi<^fun<3, 9$0; iwlvarw ; ikdbx. (Figures ip Me* Fsfer to pag®$; ot&sirs to enactment number* ©? (D) decisions . ) Indiana, blind, hlghereducatlon or, 15; blind, school, 1065; boar.j of accountancy, 23; city school trus- tees, 13& D 133; city taxes, 131 ; colleges and uni* versities, administration, 1020; compulsory educa- tion, *5, 674; consolidation of schools, 264-267; county, agricultural schools, IJ; county superin- tendents, 23; courses of study, music, 779; deaf, schools, 1005; discontinuance of schools, 212: domestic sc ienoe schools, 23; employment of school children, 23; Are drills, bill defeated, 23; high schools, 826; hygiene Instruction, 23; medical in- spection of schools, 23. 745; medical school, Marlon Oo., 1017; normal school, #5; playgrounds, 803;. Purdue university, trustees, 924; school attend- ance, 626; school buildings, 23; school funds, 378- 881 ; school township, D 211 ; schoolhouses, protec- tion against Are, 475; state educational Institu- tions, 23; transportation of pupils, 264-267, D 653, D 654, D 655, D 656, 657; unifornjfty of text- books, 769. Indians, separate schools, N. C., 31. Industrial education. 17 5, 176, 189-194; Hawaii. 870; Me., 873; Mich., 877; N. J., 26, 879-880. Industrial education commission, M e., 24; Mass 24* 5«; Oblo, 26. ' Industrial schools, Ga., 869; Maas., 875; negroes, girls, Mo., 1100; Ohio, 26. 881; Okla., 886, 8877 Inspection of school buildings, Wis., 29, 45. Instruction, subject-matter, 171-177. Iowa, agricultural and mechanical college, 980; blind, school, 1066-1067; compulsory attendance, 675, 676; contracts of teachers, D 542, D 543; deaf, school, 1066-1067; publio-schooi libraries, 1048; school funds 252, 382; school laws, codification , 23: schoolhouses, . protection against Are, 476; secret fraternities, publio schools, 726; state college of agriculture and mechanic arts, Carnegie bind, 961: state normal school, 572-573; state teachers’ couege, Carnegie fund. 951; taxation, 251, 422; teachers’ contracts, 282-283; teachers’ salaries, 282-283, 533; truancy, 677; university administra- tion, 925; university, Carnegie fund, 951; unlver- slty, support, 906. Italian language, cosmopolitan schools, Cal., 795, J. Juvenile courts; Ga., 1087; Minn., 1091; Mo., 1093; Pa., 1106; Utah, 1096. ’ ’ K. Kansas, agricultural college, division of forestry, 981; attendance, place of, danger in reachlhg, 229-230. board of education, duties, Dll; consolidation of sohools, 24; county high schools, D 189; district meetings, D 188; free text-books, 754; high schools, D 827, 828-829; higher education, appro- priat ions. 251 -266; normal trai n Ing in h lgh schools and academies, 602; scholarships, 12; school at- tendance, D 658; school district boards, meetings, D 188; school districts, 213. 214; school fund, D 294, B 298* 383-385; «echool lands, 271; school privileges 222-284; school term* minimum, 84;, school- -7 iuiuiuiuui, *4,, 5CDOOI- houses. 460, 477; separate schools, white and colored children. 229-231; taxation, D 423, D 424, 425-426; teachers, bigh-sohool education, 84 • teachers’ examinations, 617. ^n^ City. Mo., schooi-ixwrd organisation, 148. Kentucky, Thigh schools, D 830; public schools, D 17; race separation. D 88; safarles, D 85, D 86, D 87; D **!?* schools, white anti D u * D state school system, D 13, D 15; state university, appropriations, 261- 266>\ taxation, D 427, D 428; uniformity oftext- Lectures, public, 812-814. Legislation, educational, general summaries, 21-29' publio education, 31-228; state school system! general explanations, 9-20. • * Legislative sessions, table, 9-10. Lewiston, Idaho, school system modified, 124. Ubraries, public-school, 216-217: Cal., 1047; Iowa {?«: Minn., 1049; N. C., 1050; Ohio, 1051; Pa., 105fr . Utah, 1054-1065; Wis.. 1056. ’ ’ 2ti-21# Col., 1030-1031: Del.. Hawaii, 1036; III., 1037-1038; Me., 103® N. II., -1040: N. C., 1041; Pa., 1042; Tenn., 1043- Tex., 1044; VVash.. 1045; Wis.. 1046. ’ Library school. University of Wis., legislation, 939. Liquor, prohibiting sale near schoolhouses. See Under names of Stolen. Local bonds and indebtedness, 370-408. Local finance and support, 361-869. Louisiana, higher education, matriculation fee, D 896; parish superintendents, D 134; university, laboratory fee, D 895. Luther Burbank birthday observed In Cal., 22. M. Maine, agricultural education, 872; certification ol teachers, 24; child labor, 680; colleges and univer- sities, nature and status, 244-248; compulsory at- tend&nnp. atr- mnwu Af oi>m« , books, D 760,’ aii^vereity. ad^nlstraU KhpxvJlle, Teww charter, 17D Land grants, national, 4/ /-J/l. Lands, school, 7/-7J. ^“juages, teaching, cosmopolitan spools, CaL, •77 ™uv»huii fqia, uixauon, manual training, 872; medical inspection 01 schools, 746; normal schools, state, 574-575 577* Playgrounds, 804-805; public Ubraries, 1039; school * u F ds f i. 31 ?” 319 ’ 3 i d » school holidays, 788-789; 2^°JVu h ^ ene ,’ “ooi year 630: Schoolhouses fS;> 478 “ 479 i 80,6,11 tlflc investigations in orcharding, 1018; secondary schools, 346; state normal schools J76; taxation, 305, 429; text-books, 749; truancy 679; union of towns, employment of superintend- ent of schools, 2tfi; union superintendents, 135; university, Carnegie fund, 952; university, sud- pprt. 907; university, taxation of Greek-letter fra- ternlty, unorganized townships, school- ing of children, 215. Manchester, N. H., school committee, 100. Manual training, 176-176; Ind., 23; Me., 8 72; Mich 24, 876; state aid for, Vt., 28; Tex., 889. See also Courses of study. Massachusetts, agricultural college, free scholar- ships, 9»2; board of education, duties, 56; display ; of flag on schoolhouses, 504, Foochow College, In- corporating, 1027; high schools, commerce, 837; industrial schools, 875; Newton school committee 136; physical education, 806; playgrounds, 80(l’ practical arts courses, 23; proposed college, 027; school funds, 385; secret fraternities, publio schools, 727; state board of education, 24,- taxation, Medical Inspection of schools, 169-161; Cal., 743: Colb., 22, 744; Hawaii, bill failed, 23; Ind., 23, 745; Me., 746; Mo., 26; N. i., 26, 747; 6h^ 26. See also Hygiene, school. Medical school in university, Ind., 23, 1017. dtyrtet officers, 8. Dak., 170; school, 182. B 199; special, in school districts, Kans., D 188; travellngexponses, Idaho, 84. Memphis, Tenn., schools, 240. Mental defectives, schools, Colo., 1057, Mtoml University, Ohio, Carnegie fund, 9C3. Michigan, agricultural college, 954, 983; agricultural education, 876-877; child labor, 683; compulsory attendance, 681 j county meetings, 89; dependent, neglected, and delinquent children, 1089; domestic S mrt.ru*> 870; elections, etc., 190; feeble-minded and c, school, 1081; high schools, 838-839: Jn- 1 education, 877t manual training, 876; na* tionai grant, .agricultural experiment station, 122*; prohibiting sale df liquor near schoolhouses, 300; salaries, county commissioners, 91, 92; school districts, 218, 219; School elections, 190; school ex- - amlners, 90; school funds. 386; school holiday, 634: schoni Un/W 079- state aid for Instate board i treasurer, ou; state normal — r -o~ 955; superintendent Mt " to instruction, 67-59, iraperiKAnt « 4^!|pp IF Id italic* refer to pages; others to numbers ©r 452, 453, 481; state industrial school, negro girls, 1100; state normal schools, 578; taxation, 306; teachers’ certificates, 519, 534; teachers’ pensions, 500; transportation of pupils, t5, tS7~t74; uniformity of text-books, 761; university, administration, 929; university, Car- negie fund, 957; vaccination, D 150, D 151. Moderator, powers, Nebr., 155. Montana, blind, school/ 1009; colleges arid univer- sities, Carnegie fund, 1%; contracts, 153; contracts with teachers, 544; courses of study, school hy- giene, 773; deaf/ school, .1060; feeble-minded, school, 1069; lire drills, 723: prombtttng sale of liquor near schoolhouses, 602; school fund, 298- 299; school holidays, 036-637, 790; state board of education, control and supervision of the univer- sity, normal school, agricultural college, etc., 62; university of, state board of education to have TSontrol and supervision, 62. Moral education. tS, 178. Sec a too Courses of study, Municipal boards and officers, 64-€t, 110-181. Municipalities, 200-243. Museums, art, science, and Industrial, N. J., 1020. Music, 174 . See ateo Courses of study. ■ , .• .. : ,; fl N, ' ■ , . Nwwtica, See alto Temperance lnstrno- f N atlonal aid to education, tll-tlg, 9B7-S0O0. atlonal children’s bureau, 43. - atlonal grants to education. See q rants. n&ttojmL dU’wj^;schooi districts, form attorn ach^i funds, 300, 321. 390; school lands, 275; school- houses, protection against fire, .482; secret fra- ternities, public schools, 728; state normal schools. 580-582; taxation, D 433; teachers’ pensions, 561; truancy, officers, 687; university, administration. 931; university, support, D 909, 910. Neglected children, Mich.. 1069; Minn., 1090-1092; Mo., 1693; Okla., 1095; R. I., 1107; Utah, 1097. Negroes, education. Ky., D 14, D 16, D 18, 19, D 88; Industrial schools, girls, Mo., 1100; industrial schools, 8. C., 888; Institute for deaf, blind, and orphan home, Okla., 1071; separate schools. Arts., 648; separate schools, Kans., tt9-2Sl. Nevada, compulsory attendance, 688; display of U. 8. flag on schoolhouses, 505; elections, 157; free text- books, 756; high schools, 845-847; orphans’ homes, 1104; school bonds, protecting security, 253; school districts, boundaries and consolida- tion, 229; school fund, 322. 363-365, 391-393; school lands, 276; scbtol supervision, 24, 230; state nor- mal schools. 603; superintendent of public In- struction, eligibility of women. 64; union school districts, government, 228; hnlverslty, Carnegie /und.959. , , . New Britain, Conn., consolidation of town Imd city, D 122. New Hampshire, college of 0®1cuStUre and me- chanic arts, Carnegie fund, 9BQ; courses of study* humane treatment of animals, 778; feeble-minded, school, 1083; high schools, 848; incompatible offices, 158; Manchester, school committee, 160; money for schools, 192; national grant, agricultural college. 1002; proceedings of towns, 192; prohibit lng chllditn under 14 to licensed shows, dur- ing school hours, 712: public libraries, 1040;' sala- ries, 159; school fund, 323. 394; school holiday, 638; school hygiene, 737; schoolhouses, protection against fire, 483; state normal school, 583; taxa- tion, 434: teachers’ institutes, 617; town school district, defining, 232. New Jersey, agricultural college, free scholarships, 980; art, science, and industrial museum, lflS); blind, schools, 1077; compulsory attendance, 689; detention schools, 1102-1103: district clerks, 161; industrial education, 879-880: medical inspection of schools, 747; play grounds, 808-£09; public schools, power of legislature, D 25; school districts, organization, 231; school fund ,324, 325, 395; school holiday, 639; school hygiene, 738; schoolhouses, 454; schools of theology, degrees, 1028; taxation. D 435: tenure of teachers, 545. New Mexico, agricultural college, museum, 987; board of education, dnties, 27, 65; colleges ana universities, Carnegie fund. 901; compulsory at- tendance, 690; 'county school superintendents, 27. 99,100, 101 ; normal school , 584 ; school elections, qualifications of voters, 193; school fund, 254, 255: school holiday, 640-641, 791; superintendent of ipubllo Instruction, duties, 66; teachers’ Institutes. 618; teachers’ salaries, 561; voters, 193. Newton, Mass., mayor on school committee, 13d. New York, Child labor, 091; compulsory attendance, 692; consolidated school laws, defining terms, 29; Cornell University, administration, 932; official index, school laws, 30; play grounds, 810; school' code, consolidating and revising. 28; school holi- day, 642; school savings funds, 796; schoolhouses, - protection against fire, 1)484; taxation, 436; teach- ers' pensions, 562: teachers’ salaries, D 552; Uni- versity of State of, 67. Normal board of education , Nebr. . t5. Normal course, state normal School, Alton to uak * verslty, Utah, 566. Normal courses, university, .Normal lidustrMsohool, VL, t8, Normal school* fw., it; lnd,. 19; Me.* tl; Minot. K Dk e^lTK^ 9.SS31 afte and home ewBomlcs In Cal., 8% slate board of education to nave control. Mont*, m Normal schools, 607-108, • ftboftshlng Saloons, ate,. I?Tgurasin italic* refer to-pag^; others state, Iowa. 573-573; state, Me., 574-575, 578, 577; sJ^M°., 578; state. Nebr., 580-582: state, Nev., C03; state, N. H., 583; state, N. Dak., 585-5% state, Ore*., 590; state, Okie., 587-689; state; Tents. ,692. 674-975: state, Tex., 593; state, Vt., 594- 606; state, Wish.. D596; state, WIs., 598-601; state, Wyo., 978; territorial, Aria:, 566-567; uniform courses of study, Arls., If. 'See' also Summer schools, teachers. Normal-school courses, N. Dak., 96. Normal-school diploma, Minn., 26. Normal-school scholarships, Conn. , 22. Normal training, county schools, Wls., 607-800; high schools, N. C., 805; high schools, Porto Rico, 008; high schoob and academies, Kans. , 602; high schools and academies, N. Y., 004; reqelfed for teachers, Idaho, 23; state aid for, Kans., I*. See alto Teachers. North Carolina, agricultural experiment station, J988; bil nd , schoob, 1078; boards of d (rectors of state ' IpStltutlona^O; compulsory attendance, 693-695; county boards, 103; high schools, 849-850; Indian race, separate schools, 31; local taxation. *4$-*50; nortnal training, high schoob, (05; public libraries, 1041; public-school libraries, 1050; school commit- tees. 182; school districts, formation, 233; school hinds, 328,329, 352, 390; school lands, 277; school- houses, 469, 485-487; superintendent of public In- struction. 88, 89; taxation, D 438; teachers’ Insti- tutes, 619; text-books, 751; university, Carnegie fund ,962. ** . North Dakota, child l&bor, 697; compulsory attend- ance, 896; countv superintendents, 102; courses of study, physical education, 768; feeble-minded, school, 1084; higher education, 898; kindergartens, free, 797; military school, 1012; prohibiting sale or use of cigarettes, etc.. 713; salaries, 163; salaries of state officers, 71; school districts, organization, 234; school fund, 301 , 330, 397, D 398; school hoH- ; city organisation, Mo., 148, 149; compensation, N. C., 102; county, and offi- cers, 79-181: district, meetings. Kaus y D 188; elections and official arts, legalized, Minn., H3- Ui\; Incompatible offices, N. M., 158; limitation of powers, Mo., D 152; penalties for permitting religious garb, Pa., D 168; powers, Ohio, D 106, 1> loff; powers restricted, W. Va., D 174: publlca- tlon of proceedings, 170; salaries, N. Dak., 101: sc pnrnte districts, tenure of office, Ala., D 110; state, and officers, 47-78; vacancies and salaries, Minn., 142, 143. ^ a . 8chool bulldlngB, lnd.,M: Utah.M. School census. See Census, school. Schoolchildren, Iml.. employment, 25. School code, consolidating and revising, N. 5 v 28; I*n,,F?; reconstruction of, Wash., 28. 8chool code commission, Del, £f. School day, 158. School discipline, Minn., 710; Miss., D 711. See also Discipline, school. . , ^ School district directors, duties, Mich., 139. School districts. ftf-*.'. 200-243; Ala., 200; Ark.. 201- att; boundaries, Del., 208; boundaries, Idaho, 210; boundaries, Minn., 222; boundaries, 8. Dak., 237; Cal , 203, 205; city, Nebr., 227; city, bounda- ries, Mich., 219; classifying, Nev., 210;. consollda* tlon, Cal., 20lk consolidation, Nev.. 229; corporate t powers, Da., 230; creation out of congressional townships, 8. Dak., 239; dissolution, Minn., 224; elections, Okla., 235; formation, Minn., 221; for- mation, Nobr., 220; formation, N. C., 233; In- • dependent, organ Izat loo, 8. Dak., 238, 239; Kans., 213,214; laws and decisions, D 116-181; meetings, D 198, D 199; organisation, N. J., 231; organisa- tion, N. Dak., 234; powers, Mich. , 218; .suspended, Cal. .204; township, N. H.,232; township, organi- zation, Mich., 21 7, 220; trustees, powers, Cal., 118; union, government, Nev., 228. Set a/so District boards and officers. 8chool equalization fund, N. C., 24- School examiners, duties, Mich., 90, 92. School funds, 244-300; Ala., 361, 370-371; Ark., 244; Cal ,292,311.372; Colo, 245; Conn., 313; Del., 314, 315,376; Fla , D310; Oa., D 377; Hawaii, 249, 2SO- Idaho. 293. 314: Ind .378-381: Iowa. 232. 382; 8chool phystcliAs, Me., H. School population, 027-629. Softool privileges, Kans., 229-251; Ky., 222-254; Miss., m-w. School property, right of eminent domain, Ark., it. School records, Oreg., 33. School savings banks, bill failed In Hawaii, 28. School savings funds, N. V., 796. Schoolsassfou, 630-632. v School sites, certain leases Illegal, W. Va*, D 174; Utah, 28. School supervision, Nev., 230. School system, general assembly to determine efficiency, Ky., MS; I»>. 10: Ky., D 13, D 15; Mo , D 225; Wash., 37. See also Stato school sys- tems. School taxes, from railroads, bill to equalize In Arkansas foiled, 22. School term, Kans., 24: 8. (\, 27, 333. School township, Ind., D 211. 8choo! treasurer, bonds, N. Dak., 164. School trustees, powers, Cal., 118. School! warrants, S. C.> 27. School/ week,. Wyo., «>32. School year, 126; Me., 24, 630; Vt.,632; Wls., 196. Schoolhoases, Ala., 444, D 467; approval of plans, D 467-470; Aril., 497; Ark., 445: Conn., 471-473; construction, Conn. 22: decoration, 471-495; dis- play of U. 8. (lag, 504-506; erection, 178, 444-^466; Fla., 474; Hawaii, 446-448; 111., D 449; Ind., 475; Iowa. 476; Kans., 450, 477; Me., 468, 478, 479; maintenance, Hawaii, 29: Mich., 451, 500; Mtnn., 480; Mo.. 481, 501; Mont., 502; Nebr., 482; N. II., 483; N. J.. 454; N.. Y., D 484; N. C„ 469, 485-487; N. Dak., 455, 488, 490; Okla., It>7; Oreg., 458, 491, 492; parochial authority to lease, Wls., 250-257: I’a.,w493; plans for, Me., 21: prohibiting sale of liquor near, 497-503; protection from Are (tee also under names of States), 24, 471-496; sanitation, 471-496; state aid, D 467-470; S. Dak., 459, 460, 494; Tenn., 563; Tex., D 4f»l; use of, S. Dak., 27; Utah, 470; W. Va., 462; Wls., D 463, 464-466, 495, 49f>* 8chools, money for, N. If., 192; Wls , defining term, 41. - • f Secondary education, I8hl89; general administra- tive control and supervision, SI-68: special state aid, 86-89, 344-360; supervision, 1-D 46- teachers, 109-1.16, 507-504, See also High schools. Mex., 254,255; N. C., 328, 329, 352, 390; N. Dak., 301, 330, 397, D 398; Okla., 399; Oreg., 331-332, 400; l’a. , 258, 353. 354, 366; permanent state, 292- 304; It. 1., 355; S. C., 259, 356, 367; S. Ddk., 260, 287-289 , 334, 402; state, general apportionment, 311-343; Tenn., 261, 202, 403, 404; Tex., 303 , 330, 405. 400; Utah, 337 , 338 , 358, 407; Vt., 339-340, 359,308,408; W. Va., 203, 302, 341; Wls., 264-207. 304, 342, 360, 3G9; Wyo., 208, 343. See also School lands. School government, district system, Wls., 243. * School grounds, planting trees, N. Dak., 489. School holidays, 033-047. School hygiene. See Hygiene, school School-land law, Kans., 24. School lands, 71-78; Cal., 269; Colo., 270: Kans., 271; Mlch.,27i; Minn., 273; Mo., 274; Nebr., 275; Nev., 270; N. C., 277; N*. Dak., 278-281; Okla., 282-285; Oreg., 280; state, 269-291; Tex., 290; Vt., 291. School laws, Interpretation by superintendent of public Instruction, N. Mcx., 66; Iowa, coddflca- ilon, 24: printing and compilation, N. Mex,, 20; revision, Hi., 23; revision, N. Y., 0$. 8ohooj law commission, slate, Idaho, 7* Sebool libraries, Fla.,**; Utah, 29. School Meetings, 60-63. Beealtp Meetings. School month, 156, 032* * School pf mines, plate board of education to have control, Mont., 02, ' School officers, Authority. Miss., 284-290; meetings, Idaho, 26; meetings, Mich., 24; meetings, Mo., Singing, refusal to take lessons, Okla., 299 - 296 . Sites for schools, function of school authorities, Colo., D 119. 8ma!lpox, regulations, Mo., 274 - 279 . South Carolbia, agricultural schools. 888; colored normal, Industrial, agricultural, ana mechanical college, 888; county officers, 104, 105; school fund, 259, 356, 307, 401; school term, 333; state Institu- tions, beneficiary students, 901 ; state institutions, - Carnegie fund, 966. South Dakota, city boards, 109;,county superintend- ents, 100; courses of study, music, 780; deaf-mutes,* school, 1073; district officers’ meetings, 170; elec- tions, 194, 195; electors, qualifications, 195; em- ployment of teachers, 548; high schools, 268 . 261 , 867, D 858, D 859; reports of state officers. 72; school districts. 237, 238, 239; school funds, 200, 334, 402; school hygiene, 742; school lands, 287-289: schoolhouscs, 409-400, 494; taxation, 439; teachers certificates, 521, 529, 535; teachers' Institute?. 620; women voters, 105. Special classes, 217 - 221 . . Spocial types of schools, 77 7 - 181 . State aid for high schools, Utah. M State aid for Industrial courses, k. I., 87. State aid To schools. Nebr., 28 ; N. Dale., 20. State board of affairs, Ok|a<, 256. State board of control, duties, W. Va., 76. State board of education, *Ark., bill for, defeated, 22; III., bill, failed, 25 : Iowa, 25 ; Mass;, 24 : Mont., 02; Okla., 27 : Vt., 28 , 74. State board of examiners, Ala., 1, 2; Wyo., 89. . ■ ’ ii 1 IFIgurw ln italic* refer to pager, other* Mb enactment numbers or (D) decisions.] ■V ^ PUbllo^ffatr*, OkUu. »7. State board of regonU, duties. W. W.,76. BUte boards and otfioere, S&-48, 47-78. 8Uto educational com mission, N. Dak., iff. Bute educational inaUUiUons, Fla., 98. BUte flu tin oe and support, 244-300. State higher educational Institutions, Mont., 45. - Institutions for higher education, Fla., 99. Btote normal school, Idaho, D S3; Minn., 96; Mo 46 • Oreg., if; Utah, 48. State school comm isslon, duties, Del . 4 8uto school fund, 98. 8UU achook gystem* legislation and Judicial do- cUkms, method of classification and arrangement, sti^ass phy ' * Btody hours, authority of school offloera, 984-886. ImSiS* «^nal. Waho, 615; teachers, /«- Superintendent of public Instruction, Cal., 47, 48: ^ ¥?•» 67. 68, 69: Nebr., 63; Nev., 04; M. Mex„ Ub; N. C., 68. t£; tfls., 78. SuDeiIntenejnt of schools, city, Wls,, 40; county, auties, Cal.. 303; Me., 210; N. Mex., 27; See also Superintendent of public instruction. Superintendents, tenure of position, R. I., 47. supervising county deputies. N. Dak., 96. Supervision, school Coon., ft,* Nev., 24; Wls., *0,45; union districts, Vt., 173; union of towns, Conn., Supreme courts, state,* decisions, 440-498. 8i jd axpub,on ° r P u P fts * Ark ** dtm, , T. Taxation. Ark., 409; exemption, Dei., 244-248, 251 Sfc 4 * or hl « her education. Tennessee, compulsory at Mon, D 107, 111, D 172; attendance, 701: oonsolid* county boards, 100, 110; J. w gouaiy ooaras, 1W. I in* vi 1 ? ty n^ upe, ? 0tcadenU ' 11 2 ; nigh actuals, 861;’ Knoxville, charter, 171; Memphis schools, ab- normal schools, 974-975; prohibiting sale of liquor near school houses, 503; public libraries, 1043; school census, 628; school Fund, 261, 262. 400-404- State normal schools, 692; taxation, 308; transport tatlon of pupils, 661; university, 935, 967. ^ Mricuftural college, 995: agricultural educ* tloo, 889; delinquent children, 1 108-J 109; domestic SlK; ro ““»Ut»|nlng t 889; national granls. agricultural experiment stations, 1004; public 11-' brartes, 1044; public schools, constitutional amendment, 241, 242; school fund, 303, 330, 406-406 school lands, 290; acboolhouses, b 461; splnnable of 1U22 ‘ ®*»t« normal school, 593; taxation, D 309, 440-442; teachers’ certificates, Text-boolr commission, Utah, 48. Text-books, /84-i7f; Cal., 7491 III., Kans., 754; w“ n vJ 4 & N * v - "■ »• »'• N - Theology, schools, degrees, N. J., 1028. T^^^^Ptohlblilng sale or use, minor pupils, N. Town management of schools. *#, 207. Town superintendent, Vt., 48, Towns, proceedings legalised , N. H., 192. Township boards and officers, 64-Qi, no-181 Township unit, Mich., 44. Townships, 200-243.. - T £i? cmd - * « ° hi »' * Transfer ol pupils, III.. 966-9SB: Ind., 43. 1 Pfe «* T*i mu n 1 . "Miner euuoauon, 1 ransportation otpuplhi, ld!-U0- Colo 44 20 fi osn* **••• cillSrloSi.flSi ; 1 Wb - “““• — ' *1 W-V »*J)f Ky . I .. . ? ^ ivftMIlfcCll |y. lT | Inde.ui; local. Oa M t38-tU: local, Me*, HHff local, C., 448-050; Me., »»! 4 »TmS^ Minn., 430-431: Mo., 306: Nebr., 6 433; N 11. £} : N i. J *’, D 4361 ^ .*•' 4361 N * c - D Oreg., 307, school purposes, local, 04-41?. 409-443; 8. Oak., i? 8 ’ 8l *& i? r *Cbool purposes, 75-81, 306-309; Teon.*308; Tex., p 309, 440-442; Wls., 443. Taxes for schools, special, Nebr:, 45. Tax levy, minimum, Mo., 45. Teachers, annuities, Minn., 559; Wls., 564. Teachers, appointment, S. Dak., 47; associations //8,640; certification, Ala., 4/; certification, Conn.! Hi »?-0O8. 97:1-970; contracU. $&t-i8S t D 542-0 544; dismissal, D. C., D 541; ele- ?!? n , t ? fi ry «^ hools ' , }0 *- n6 > 607-564; employment, /I7-//8, 548; examination (see also under nartics 0/ Stales), 9 , 49.75, it 0-1 IQ, 5KM39; Kans., hig»7- school education, 94 : minimum age, 45; profes- sfonai training and education, J40-/35, 5I&-609; quMlficatlon, J8 lt0, 507-509; religious garb for- D 5471 wronw schools, 1S3- tSS, 010-623; secondary schools, 10&-II6, 607-564; summer training schools, FlST, ti: tenure of office, 545. See also Normal training; Normal schools. ^^rtlflcates. 510-539; Alu., 530; Cal., 507- ffi?Hy° ; l^ Ua iL b ?S a ^ b0,ird of agriculture, M °fc. w7; fdaho, 4T, 532, D 530; Iowa, 633; Mo., 534; N. Dak., 96: Ohio, 96: 8. Dak., 529?535; Tex Utah, 509; value of, Issued by state university and state normal schools. Minn., 538; W, V»., 4 P See a/eo under names of Stales. ?* K Teachers college, N, Dak., 96. i - i Teachers' Institutes, W-135, 610-623; CaJ., 610512; retlwuem firnij. N»br., *s. . ;Sw- IlfclH; Ftth, M.- Iow». *> y " ° ® w °- ® bty Technical education f /75-/7ff ( Z89-/04, 907-itS, I010. Temperance, lnstrucUon, Ala., 91, 769, 771, ‘ , ‘ 1 ■ ' J >. ' .. : *V * * WMvU vi m |IUU15» Travel, county superintendents, 80; district trus- tees, Idaho, 84, \ Treasurer, state board of education, bond, Mich., 60 jSffMi ,0,va ' 077: *'■ Trustees, contracts with boanl. Idaho, D 8. 1 ^Sf rc k V l( i s,8 l Instruction in public schools, Conn.. 770; N. l>a|c., 774; For to Rht), 775. TulUon high-school pupils. Mich., ti: btgb schools. 8. Dak., 26i-964: pupils noldlng diplomas, 96. U. Uncinariasis, spread of, Porto Rico, 97. Union free high schools, Wls., is Union supervision districts, discontinuance, Vt., U SJ^. Ues A A i*- m > ^rk. t 914; Cal.. 904-905, pV ; ** nda support, 904-941; Pla., 920^922- lnd. ,924; Iowa. 906, ©STky., D 926; La., -D TO5, D 896; leaves of absence of faculty, A £ J»6i Me.jjp?: Minn., 897,908, D 928; Mo. 929r Nebr., D 909, 910, 931; N. V., 932; N. Dak 0r £8 »9li. «33; professors’ salaries. III., 923; stale, administration, 914-941; 8.C..901; Tenn . Wyo-^** Vt » ^ Wte ^ 913, 937-Ai; University extension, t90> 8lMl4. University ol Tennessee, 48. Utah, board ol. trustees, agricultural college, 73; deP^dent, neglected, and Ill-treated children. 1097,3 HO; domestic science, schools, 818; farmers' fe £ iUit ? s ; m * h< * h schools, 862; juvenile courts, 1006; mining sphool, 1009) public-school gymna- , I05o‘ nubw|^lh0ol libraries, 1064-1055; achool funds S37, 338, 358, 407; school holiday Jtv ^djiuildlngs. 98, school house*, 470, state OOrmal school, relation to university, wrtlficates, 509; uniformity of text books, 762; university, 902, 90S. INDEX. “} ' ~ — '■ If '-"*1 JW, 806 "** (flfortt In Unite* rafer to pages; others to enactment numbers or (D) decisions.] V. Vvstlon sohooUt J78-I 80. V of school children, II, *.* Mo.» right of exclusion, Mo., D 160, P 181. Vermont, child labor, 703; com pul 1 attendance, 702; defective Classes. schools, 1059; display of V. S. flag on schoolhouses. 600; school fund. .110-340, 360, 308, 4 UK; school holiday, 047; school lands, 391; school year, high schools, 033; secret fraternities, public schools, 730; state normal schools, 694-696; teacher examinations, 76, 623; teachers' Institutes, 021; teachers' •salaries, 666; transportation of pupils, G62-6G3: union super*, VIhIou districts, 1Z&; university, administration, \KM Virginia, state board of education, powers, D 36; text-books, P 763. Vocal music, teaching, 8. Dak., 17. Vocational schools, Ohio, *0. Voters, qualifications, tWMW, 182, D 199. w. Washington, agricultural college, D 996; child labor, 704; common school, definition, P 36; Are drills, 724; health regulations, vaccination, Ditto? 2S2; public archive* eonnnlssion, 38, 39; public libraries, 1046; public-school system, 37; state ’ normal schools, P 696. West Virginia, certain leases Illegal, D 174; eoureeeof study, *05; military school, 1013; national grants, agricultural experiment stations, 1005; school fund. 203, ‘302. 341; school holiday. 793; idle houses, 462; state board of control, duties, 76; state ' l ' i regents, duties, 76; teachers’ cer*. I Ideates, 525; teachers' examinations, 524; uni- formltv of text-books, 7t>3; unlversitv, Carnegie . fund, *>70. Wllberforce University, Ohio. Carnegie fund, 964. Wisconsin, agricultural schools. 891 ; blind, schools, 1079; certification and examination of teacheis, 626; child labor i 706-707; city boards, 176, 1*0, litl; city school buildings, 178; city superintendents, 40, 175; county superintendents,' salaries, 114; county conventions, 113; county training schools for teachers, 007-009; deaf, schools, 1074; defining term "schools," 41; district system of school government, 243; domestic science, 891; elections, 'villages,' 197; graded schools, 42: high schools, 863-868; Illiteracy, 44; tnilltary school, 10|4: na- tional children's bureau, 43; national grants, agricultural experiment stations, 1006; public libraries, 1046; publlc-school libraries, 1066; pub- lication of proceedings, 179; school district electors; 196; school fund, 264-267, 304, 342, 360, 360; school holiday, 794; school officers; elections, 197; school year, etc., 196; schoothouses, P 463, 464-466. 496-496; sectarian schools, P 46. tS$-tS7; state sin for blind . M: state board oflm migration .duties, 77; state normal schools, 698-601; subdlstrlct clerks, ' 177; snperlntende.nt of public Instruction, elec** tlon, 78; supervision and Inspection, 48; taxation, 443; teachers* pensions, 664; trade schools, 890, 892, 893; transportation of pupils, 664-665; uni- versity, 913, 937-941. 971. Women, amendment for elective franchise, 8. Dak., 195: franchise In oortaln elections, Coni)., 186; suffrage In certain- cases, Mich., 191; voting, MtchT 191. Wyoming, certification and examination of teach- ers, 527; compulsory attendance, 708: deputy county superintendents, 115; district meetings, l) 198, l> 199; normal schools, 976; school fund, 268,043; school mouth, 632; school week, 032; teachers' Institutes, G23; university, support, 913a, 972.-