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Goruell Law School Library
AMENDMENTS

TO THE

SCHOOL LAWS OF 1888,

PREPARED FOR THE

Use and Government of School Officers.

HENRY SABIN,

Superintendent of Public Instruction.

 

 

PRINTED BY ORDER OF THE GENERAL ASSEMBLY,

DES MOINES:
G. H. RAGSDALE, STATE PRINTER.
1890.
PREFACE.

These amendments include all the enactments made by the
twenty-third general assembly, which directly affect school
interests.

Chapter 22 entitles graduates of the state normal school to
state certificates or diplomas after a required experience in
actual teaching.

The amendment became a law March 29, 1890, by publi-
cation.

Chapter 24 is the text-book law, and will go into effect July
4, 1890.

The school laws in the edition for 1888 remain unchanged,
with these additions.

Henry Sasin,
May 20, 1890. Superintendent of Public Instruction.
CHAPTER 22, LAWS OF 1890.

GRANTING STATE CERTIFICATES AND DIPLOMAS TO GRADUATES OF THE
STATE NORMAL SCHOOL.

SEcTIon 1. Section three, chapter one hundred and sixty-seven, of
the nineteenth general assembly, is amended by adding the following
words:

They shall also have power to issue state certificates and state diplo-
mas to such graduates of any Iowa state normal school, as are shown to
possess good moral character, the certificate to be issued when the
graduate is proved to have had thirty-six weeks successful experience in
teaching, and the diploma when five years such experience is shown.

CHAPTER 24, LAWS OF 1890.

AUTHORIZING AND EMPOWERING THE BOARDS OF DIRECTORS OF
SCHOOL DISTRICTS TO PURCHASE TEXT-BOOKS, AND ALLOWING
THE ELECTORS OF DISTRICTS AND COUNTIES TO DECIDE THE QUES-
TION OF UNIFORMITY, AND TO PROVIDE MEANS AND AUTHORITY FOR
PURCHASE OF SCHOOL BOOKS AND SUPPLIES.

SEcTION 1. The board of directors of each and every district township
and independent district in the state of Iowa is hereby authorized and
empowered to adopt text-books for the teaching of all branches that are
now or may hereafter be authorized to be taught in the public schools of
the state, and to contract for and buy said books and any and all other
necessary school supplies at said contract prices, and to sell the same to
the pupils of their respective districts at cost, and said money so received
shall be returned to the contingent fund; that the books and supplies
which are purchased under the provisions of this section shall be under
the charge of the president of each board of directors, that he shall care

 

SEcTION 1. (a) It is evidently not the intention to impose a hardship upon the
president, but simply to guard the district against possible loss. The board are
not to be considered as released in the slightest degree from their obligations
under the general law, to protect the funds. The bond is required for additional
protection. Nor will the fact that the president gives a bond, in any way release
the treasurer from his absolute responsibility for all funds of the district coming
into his hands, from whatever source.
4

therefor and receive all moneys for books sold, and he shall be responsi-
ble for all such books and moneys and he shall give a bond in the sum of
five hundred dollars with sureties to be approved by the county board of
supervisors to insure the faithful performance of such duties.

Src. 2. All the books and other supplies, purchased under the provis-
ions of this act, shall be paid for out of the contingent fund, and the
board of directors shall annually certify to the board of supervisors the
additional amount necessary to levy for the contingent fund of said dis-
trict to pay for such books and supplies. But such additional amount
shall not exceed in any one year the sum of one dollar for each pupil re-
siding in the district township or independent school district, and the
amount so levied shall be paid out on warrants drawn for the payment
of books and supplies only, but the district shall contract no debt for
that purpose. :

Src. 8. In the purchasing of text-books it shall be the duty of the
board of directors or the county board of education to take into consid-
eration the books then in use in the respective districts, and they may
buy such additional number of said books as may from time to time be-
come necessary to supply their schools, and they may arrange on equita-
ble terms for exchange of books in use for new books adopted.

Sec. 4. If at any time the publishers of such books as shall have been
adopted by any board of directors or county board of education, shall
neglect or refuse to furnish such books when ordered by said board in
accordance with the provisions of this act, at the very lowest price, either
contract or wholesale, that such books are furnished any other district

 

(b) While the president is held responsible under his bond for the books and
moneys while in his hands, it is not to be presumed that he must of necessity per-
sonally handle and retail the articles sold. In many cases, it will be desirable to
engage some one to undertake for him the work of making changes of books, and
of keeping the needed school supplies for sale.

(c) Itis desirable that the cost to the pupil shall be the lowest possible. Any
extra expense connected with securing the books should not be added to their
purchase price, but will be paid out of the contingent fund, upon separate orders.

(ad) Text-books of every variety, in all classes and grades, and all kinds of sup-
plies needed for use in the schools for the purposes of instruction, may be pur-
chased under this act.

Sec. 2. (a) Any contingent fund on hand may be used to purchase books and
supplies. As the proceeds from sales must be returned at once to the contingent
fund, no large additional amount will ordinarily be needed to enable the average
district to secure books and supplies under this law.

(b) All payments under this chapter must be made in strict accordance with
the other provisions of law governing the disbursement of school moneys. No
order for any purpose may be drawn until the account has been regularly audited
by the board.

Sec. 3, The good of the schools would be best advanced if it is ordered that the
same book or books in any branch must be used in all the schools of the same
grade in the district. This will simplify the purchase, and also facilitate the in-
troduction, of uniform books.
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or state board, or were furnished to any other district or state board in
the year 1889, then said board of directors or county board of education
may, and it is hereby made their duty to bring suit upon the bond given
them by the contracting publisher.

Sec. 5. Before purchasing text-books, under the provisions of this
act, it shall be the duty of the board of directors, or county board of ed-
ucation, to advertise, by publishing a notice for three consecutive weeks
in one or more newspapers published in the county; said notice shall
state the time up to which all bids will be received, the classes and grades
for which text-books and other necessary supplies are to be bought, and
the approximate quantity needed; and said board shall award the
contract for said text-books and supplies to any responsible bidder or
bidders offering suitable text-books and supplies, at the lowest prices,
taking into consideration the quality of material used, illustrations, bind-
ing and all other things that go to make up a desirable text-book; and
may to the end that they may be fully advised, consult the county super-
intendent; or, in case of city independent districts, with city superin-
tendent or other competent persons, with reference to the selection of
text-books; provided, that the board may reject any and all bids, or any
part thereof, and re-advertise therefor as above provided.

Sec. 6. It shall be unlawful for any board of directors, or county board
of education, except as provided in section 4, to displace or change any
text-book that has been regularly adopted and introduced under the pro-
visions of this act, before the expiration of five years from the date of
such adoption, unless authorized to do so by a majority of the electors
present and voting at their regular annual meeting in March, due notice
of said proposition to change or displace said text-books having been in-
cluded in the notice for the said regular meeting.

Sec.7. Any person or firm desiring to furnish books or supplies under
this act, in any county, shall, at or before the time of filing his bid here-
under, deposit in the office of the county auditor samples of all text-
books included in this bid, accompanied with lists giving the lowest
wholesale and contract price for the same. Aid said samples and lists
shall remain in the county auditor’s office, and shall be delivered by him
to his successor in office; and shall be kept by him in such safe and con-
venient manner as to be open at all times to the inspection of such school
officers, school patrons, and school teachers as may desire to examine
the same, and compare them with others, for the purpose of use in the
public schools. The board of directors and county board of education
mentioned shall require of any person or persons with whom they con-

 

Src. 5. Since the period of adoption is an extended one, it is essential that the
best books obtainable be chosen. The knowledge and experience of the county
superintendent render him peculiarly qualified to advise the board as to their
choice.
aug

tract for furnishing any books or supplies to enter into a good and sufii-
cient bond in such sum and with such conditions and sureties as may be
required by such boards of directors or county board of education for the
faithful performance of any such contract.

Sec. 8. When a petition shall have been signed by one-half the
school directors in any county, and the same shall have been filed in the
office of the county superintendent of said county, at least thirty days
before the annual school elections in March, asking for a uniform series
of text-books in the county, then the said county superintendent shall
notify the county auditor and the board of supervisors of such petition.
Such notice shall be in writing and shall be served or delivered as soon
as possible and within fifteen days after the filing of the petitions pro-
vided for herein, the board of education, provided for in section 9,
shall meet and provide for the submission of the question of county
uniformity.

Sec. 9. The county superintendent, the county auditor, and the
county board of supervisors shall constitute a board of education, whose
duty it shall be to arrange for a vote by the electors at the annual meet-
ing in March, for or against county uniformity of school text-books
under such rules and regulations as said board of education may deter-
mine. Should a majority of the electors voting at such election, favor
a uniform series of text-books for use in said county, then the county
board of education shall meet and select the school text-books for the
entire county, and contract for the same under such rules and regula-
tions as the said board of education may adopt. When a list has been
so selected, they shall be used by all the public schools of said districts
and the board of education may arrange for such depositories as they
may deem best, and may pay for said school books out of the county
funds and sell them to the school districts at the same price as provided
for in section one of this act, and the money ‘received from said sales
shall be returned to the county funds by said board of education monthly.
The boards of school officers, who are made the judges of the schooi
meetings, shall certify to the board of supervisors the full returns of the
votes cast at said meetings the next day after the holding of said meet-
ings, who shall, at their next regular meeting, proceed to canvass said
votes and declare the result.

Sec. 10. The county superintendent shall, in all cases, be chair-
man of the county board of education, and the county auditor shall be
the secretary, and a full and complete record shall be kept of their pro-
ceedings in a book kept for that purpose, in the office of the county

 

Sec. 8 Itis intended that at least one-half of the individuals composing all
boards, except those of city and town districts, shall sign the petition referred to.

Sec. 9. The county board of education should arrange for a sufficient number
of depositories to fully accommodate the people of every district in the county.
—

superintendent. A list of text-books so selected, with their contract
prices, shall be reported to the state superintendent with the regular
annual report of the county superintendent.

Sec. 11. It shall be unlawful for any school director, teacher, or
member of the county board of education to act as agent for any school
text-books or school supplies during such term of office or employment,
and any school director, officer, teacher or member of the county board
of education who shall act as agent or dealer in school text-books
or school supplies, during the term of such office or employment, shall
be deemed guilty of a misdemeanor, and shall upon conviction thereof,
be fined not less than ten dollars nor more than one hundred dollars,
and pay the costs of prosecution.

Sec. 12. The provisions of sections 8, 9 and 10 of this act shall not
apply to schools located within cities or towns, nor shall the electors of
said cities or towns vote upon the question of county uniformity, but
nothing herein shall be so construed as to prevent such schools in said
cities and towns from adopting and buying the books adopted by the
county board of education at the prices fixed by them, if by a vote of
the electors they shall so decide.

Sec. 13. All acts or parts of acts in conflict with the provisions of
this act are hereby repealed. :

 

Sec. 11. (@) We think the intention of this section is to prohibit any of the
persons named from engaging in any business in connection with school text-
books or supplies, by which his pecuniary interests might be brought in conflict
with his official duties.

(b) The fact that a person is subject to the penalties named, for violating
the provisions of this section, will not operate to deprive him of his office or
position.

Sec. 12, All the provisions of this act, except sections 8, 9 and 10, apply to city
and town independent districts, and such districts may purchase books and sup-
plies in the same manner as other districts, as provided by sections 1 to 7, in-
elusive.
   
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SCHOOL LAWS OF [OWA

*

FROM THE CODE OF 1873,

AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, EIGH-
TEENTH, NINETEENTH, -‘TWENTIETH, TWENTY-FIRST AND
TWENTY-SECOND GENERAL ASSEMBLIES,

WITH

NOTES AND FORMS,

FOR

THE USE AND GOVERNMENT OF SCHOOL OFFICERS.

HDITION OF 188s.

HENRY SABIN,

SUPERINTENDENT OF PUBLIC INSTRUCTION.

DES MOINES:
GEO. E. ROBERTS, STATE PRINTER.
1883.
6796 Die

A. 1430

When any school officer is superseded by election or other-
wise, he shall immediately deliver to his successor in office, all
books, papers, and moneys pertaining to ‘his office, taking a
receipt therefor; and every such officer who shall refuse to do
so, or who shall willfully mutilate or destroy any such books or
papers, or any part thereof, or shall misapply any moneys en-
trusted to him by virtue of his office, shall be liable to the
provisions of the general statutes for the punishment of such

offense. —SECTION 1791, CODE.
PREFACE.

Section 1579, Code, as amended, authorizes the superintendent of
public instruction to publish the school laws of the State, together
with all amendments thereto, immediately upon the adjournment of
every alternate general assembly.

As the use of former editions will only confuse and mislead, and
since every school officer and member of a board is now entitled to
receive a copy of this law, it is earnestly advised that all old laws be
laid aside. A revision may not be published for many years, hence
the necessity of preserving every copy of this edition.

The explanatory notes have been carefully revised and condensed,
and at the same time extended to include a larger number of partic-
ulars. References are given as fully as brevity will allow. It is ap-
parent that only the leading features of the law may be incladed in
these notes. In special cases, the general authorities on the subject
regarding which information is sought, must be examined.

In the notes, reference is often made to the reports of our supreme
court. These may be consulted atthe court house in each county seat.
A reference to 8. L. Decisions means the decisions in appeal cases,
a copy of which is furnished for the secretary of every board. We
have aimed to simplify and improve the forms, and make them of
added value to every school officer. A table of contents, by subjects,
will be found after the body of laws, just preceding the forms.

The complex forms of districts under our present law, with the

conflicting enactments accompanying such an unsystematic organiza-
4 PREFACE.

tion, make our school laws difficult of comprehension, and in many
cases really contradictory.

Though this revision does not differ greatly from those preceding,
it is believed that it will well repay careful study and frequent refer-
ence, and thereby assist in promoting harmony and efficiency in the
administration of our system of free schools.

The work of arranging the law and revising the notes, as well as of
compiling the decisions, has fallen very largely upon my deputy, Mr.
Ira C. Kling. He has been ably azsisted by my secretary, Mrs. A. B.
Billington, and I desire to acknowledge in this connection the value

of their services.
HENRY SABIN,

Superintendent of Public Instruction.

Des Mornss, Iowa, June 1, 1888.
SCHOOL LAWS OF IOWA.

FROM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH,
SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY-
FIRST AND TWENTY-SECOND GENERAL ASSEMBLIES.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

Sxcrion 1577. The superintendent of public instruction shall be
charged with the general supervision of all the county superintend-
ents and all the common schools of the state. He may meet county
superintendents in convention at such points in the state as he may
deem most suitable for the purpose, and by explanation and discus-
sion endeavor to secure a more uniform and efficient administration
of the school laws. He shall attend teachers’ institutes in the several
counties of the state as far as may be consistent with the discharge
of other duties imposed by law, and assist by lecture or otherwise in’
their instruction and management. He shall render a written opin-
ion to any school officer asking it, touching the exposition or admin-
istration of any school law, and shall determine all cases appealed
from the decision of county superintendents.

Suc. 1578. An office shall be provided for him at the seat of gov-
ernment, in which he shall file all papers, reports, and public documents
transmitted to him by the county superintendents, each year separ-
ately, and hold the same in readiness to be exhibitéd to the governor,
or to a committee of either house of the general assembly, at any
time when required; and he shall keep a fair record of all matters
pertaining to his office.

Szc. 1579. (As amended by Chap. 150, Laws of 1880, and Chap.
59, Laws of 1888.) After the adjournment of the eighteenth general
assembly, and every four years thereafter, if deemed necessary, he
may cause to be printed and bound in cloth the school laws and all
6 SCHOOL LAWS OF IOWA.

amendments thereto, with such notes, rulings, forms and decisions
as may seem of value to aid school officers in the proper discharge of
their duties. Appropriate reference shall be made to the previous
law that has been amended or changed, so as clearly to indicate the
effect of such amendments or changes. He shall send to each county
superintendent a number of copies sufficient to supply each school
district in his county with one copy of such school laws, with decis-
ions. He shall also cause to be printed and bound in paper covers
the school laws, with notes and with forms necessary to be used in
carrying out the school laws; provided, that he shall furnish each of
the members of the boards of directors with one copy of the laws
bound in paper covers, which shall be turned over to their successors
in office. After such sessions of the general assembly as the state
superintendent shall not deem it necessary to publish the laws as pro-
vided for in this section, he shall cause to be published in pamphlet
form all the amendments to the school laws passed by such general
assembly, in sufficient numbers to supply each of the county super-
intendents and school officers of the state with one copy free of
charge, which said amendments shall be sent to the several county
superintendents for distribution.

Sxc. 1580. (Repealed by Chap.102, Laws of 1878.)

Ssc. 1581. He may, if he deem it expedient, subscribe for a suffi-
cient number of copies of the Iowa School Journal, or of such other
educational journal published in the state as he may select, to fur-
nish each county superintendent with one copy, and his certificate of
having thus subscribed shall be authority for the auditor of state to
issue his warrant for the amount of said subscriptions; provided he
shall cause to be inserted in the journal he may so select, a correct
copy of any decision he may deem it necessary to make for the effi-
cient carrying out of the school law.

Src. 1582. He shall annually, on the first day of January, report
to the auditor of state the number of persons in each county between
the ages of five and twenty-one years.

Src. 1583. (As amended by Chap. 82, Laws of 1888.) He shall
make to the governor a report which shall embrace, first, a statement
of the condition of the common schools of the state; the number of
district townships and subdistricts therein; the number of teachers;
the number of schools; the number of school-houses, and the value
thereof; the number of persons between five and twenty-one years of
SCHOOL LAWS OF IOWA. 7

age; the number of scholars in each county that have attended school
the previous year, as returned by the several county superintendents;
the number of books in the district libraries; and the value of all ap-
paratus in the schools, and such other statistical information as he
may deem important. Second, such plans as he may have matured
for the more perfect organization and efficiency of common schools.
He shall cause one thousand copies of his report to be printed, and
shall present it to the general assembly on the second day of its ses-
sion.

Src. 1584. Whenever reasonable assurance shall be given by the
county superintendent of any county to the superintendent of public
instruction, that not less than twenty teachers desire to assemble for
the purpose of holding a teachers’ institute in said county, to remain
in session not less than six working days, he shall appoint the time
and place of said meeting and give due notice thereof to the county
superintendent; and for the purpose of defraying the expenses of
said institute, there is hereby appropriated, out of any moneys in the
state treasury not otherwise appropriated, a sum not exceeding fifty
dollars annually for one such institute in each county held as afore-
said, which the said superintendent shall immediately transmit to the
county superintendent in whose county the institute shall be held,
who shall therewith defray the necessary expenses of the institute,
and, if any balance remains, he shall pay the same into the county
treasury, and the same shall be credited to the teachers’ fund.

STATE UNIVEBSITY.

Szcrion 1585. The objects of the state university, established by
the constitution, at Iowa City, shall be to provide the best and most
efficient means of imparting to young men and women on equal
terms, a liberal education and thorough knowledge of the different
branches of literature, the arts and sciences, with their varied appli-
cations. The university, so far as practicable, shall begin the courses
of study in its collegiate and scientific departments, at the points
where the same are completed in high schools; and no student shall
be admitted who has not previously completed the elementary stad-
ies, in such branches as are taught in the common schools through-
out the state.

Szc. 1586. The university shall never be under the exclusive con-
trol of any religious denomination whatever.
8 SCHOOL LAWS OF IOWA.

Szc. 1587. (As amended by Chap. 147, Laws of 1876 and Chap.
181, Laws of 1886.) The university shall be governed by a board of
regents, consisting of the governor of the state, who shall be presi-
dent of the board by virtue of his office, the superintendent of pub-
lic instruction, who shall be a member by virtue of his office, together
with one person from each congressional district of the state, who
shall be elected by the general assembly.

* * * * * * * *

Szc. 1589. The university shall include a collegiate, scientific,
normal, law, and such other departments, with such courses of in-
struction and elective studies as the board of regents may determine;
and the board shall have authority to confer such degrees, and grant
such diplomas and other marks of distinction as are usually conferred
and granted by other universities.

* * * * * * * *

Szc. 1596. The board of regents shall enact laws for the govern-
ment of the university, and shall appoint a president and the requi-
site number of professors and tutors, together with such other officers
as they may deem expedient, and shall determine the salaries of such
officers, the compensation of the secretary and treasurer, and the
amount of fees to be paid for tuition. They shall remove any officer
connected with the university, when, in their judgment, the good of
the institution requires it.

Szc. 1597. The board of regents is authorized to expend such por-
tion of the income of the university fund as it may deem expedient,
in the purchase of apparatus, library, and a cabinet of natural history,
in providing suitable means to keep and preserve the same, and in
procuring all other necessary facilities for giving instruction.

Szc. 1598. All specimens of natural history and geological and
mineralogical specimens, whish are or hereafter may be collected by
the state geologist of Iowa, or by any others appointed by the state
to investigate its natural history and physical resources, shall belong
to and be the property of the state university, and shall form a part
of its cabinet of natural history, which shall be under the charge of
the professor of that department.

* * * * * * * *

Szc. 1600. The president of the university shall make a report on
the fifteenth day of September preceding the meeting of the general
assembly, to the board of regents, which shall exhibit the condition
and progress of the institution in its several departments, the differ-
SCHOOL LAWS OF IOWA. 9

ent courses of study pursued therein, the branches taught, the means
and methods of instruction adopted, the number of students, with
their names, classes, and residences, and such other matters as he
may deem proper to communicate.

Szc. 1601. (As amended by Chap. 82, Laws of 1888) The board
of regents shall, on the first day of October preceding each regular
meeting of the general assembly, make a report to the superintend-
ent of public instruction, which report, with that of the president of,
the university, shall be embodied in the said superintendent’s report
to the governor. The report of the board of regents shall contain
the number of professors, tutors, and other officers, with the compen-
sation of each, the condition of the university fund, and the income
received therefrom, the amount of expenditures, and the items
thereof, with such other information and recommendations as they
may deem expedient to lay before the general assembly.

COUNTY HIGH SCHOOLS.

Srction 1697. Ksach county having a population of two thousand
inhabitants or over, as shown by the last state or federal census, may
establish a high school on the conditions and in the manner herein-
after prescribed, for the purpose of affording better educational fa-
cilities for pupils more advanced than those attending district schools,
and for persons desiring to fit themselves for the vocation of teach-
ing.

Szc. 1698. When one-third of the electors of a county, as shown
by the returns of the last preceding election, shall petition the board
of supervisors requesting that a county high school be established in
their county at the place in said petition named, then, or when said
board in its discretion shall deem proper, said board shall give twenty
days’ notice previous to the next general election, or previous to a
special election duly called for that purpose, that they will submit
the question to the electors of said county whether such high school
shall be established; at which election said electors shall vote by
ballot, for or against establishing such county high school. The no-
tice contemplated in this section shall be given through one or more
newspapers published in said county, if any be published therein, and
by at least one written or printed notice to be posted in each town-
ship. :

Szc. 1699. After said election, the ballots on said question shall

2
10 SCHOOL LAWS OF IOWA.

’

be canvassed in the same manner as in the eleotion for county offi-
cers; and if a majority of all the votes cast on said question shall be
in favor of establishing said school, the board of supervisors shall
immediately proceed to appoint six persons, who shall be residents of
the county, but not more than two of whom shall be residents of the
same township, who shall, with the county superintendent of com-
mon schools, constitute a board of trustees for said high school.
Each of said trustees appointed as aforesaid shall hold his office un-
til his successor is elected and qualified, and shall be required,
within ten days after appointment, to qualify by taking the oath of
office, and giving such bond as may be required by the said board of
supervisors for the faithful discharge of his duties.

Sec. 1700. At the next general election after said appointment,
there shall be elected in said county six high school trustees, who
shall be divided into three classes of two each; each class to hold
their office one, two, and three years, respectively, and their respect-
ive terms to be decided by lot. And each year thereafter there shall
be two such trustees elected to succeed those whose term is about to
expire. And said trustees shall qualify and enter upon the daties of
their office in the same manner and at the same time as other county
officers.

Src. 1701. The county superintendent shall, by virtue of his
office, be president of said board of trustees, and at the first meeting
in each year they shall appoint from their own number a secretary
and treasurer, who shall perform the usual duties devolving upon
such officers for the term of one year, or until their successors are
appointed to take their places.

Szc. 1702. At said meeting, or at some succeeding meeting called
for such purpose, said trustees shall make an estimate of the amount
of funds needed for building purposes, for payment of teachers’
wages, and for contingent expenses, and they shall present to the
board of supervisors a certified estimate of the rate of tax required
to raise the amount desired for such purposes. But in no case shall
the tax for such purposes exceed in one year the amount of five mills
on the dollar on the taxable property of the county, and, when the
tax is levied for the payment of teachers’ wages and contingent ex-
penses only, shall not exceed two mills on the dollar.

Src. 1703. The said tax shall be levied and collected in the same
manner as other county taxes, and when collected the county treas-
urer shall pay the same to the treasurer of the county high school, in
SCHOOL LAWS OF IOWA. 11

the same manner that school funds are paid to the district treasurers
as required by law.

Sec. 1704. The said treasurer of the high school shall give such
additional bond as the board of trustees may deem sufficient, and re-
ceive all moneys from the county treasurer, and from other parties,
that belong to the funds of said school, and pay the same out only by
direction of the board of trustees, upon orders duly executed by the
president, countersigned by the secretary thereof, stating the purpose
for which they were drawn. Both the secretary and treasurer shall
keep an aecurate account of all moneys received and expended for
said school; and at the close of each year, and as much oftener as
required by the board, they shall make a full statement of the finan-
cial affairs of the school.

Src. 1705. The said board of trustees shall proceed as soon as
practicable after their appointment as aforesaid, to select the best
site, in accordance with the vote of the county, that can be obtained
without expense to the same, and the title thereof shall be vested in
said county. They shall then proceed to make such purchases of ma-
terial, and to let such contracts for their necessary school buildings,
as they may deem proper, but shall not make any purchase or con-
tract in any year to exceed the amount on hand, and to be raised by
the levy of tax that year.

Szc. 1706. When said board of trustees shall have furnished a
suitable building for the school, they shall employ some competent
teacher to take charge of the same, and furnish such assistant teachers
as they deem necessary, and provide for the payment of their salaries.
A3 far as practicable model schools shall be encouraged; and advanced
students, and those preparing to become teachers, may be employed
a portion of their tifme in teaching the younger pupils, in order that
they may become familiar with the practice as well as theory of suc-
cessful school teaching, and also avoid, as far as practicable, the ex-
pense of employing other assistant teachers,

Src. 1707. Tuition shall be free to all pupils of such school resid-
ing in the county where the same is located. The board of trustees;
however, shall make such general rules and regulations as they deem
proper in regard to age and grade of attainments essential to entitle
pupils to admission in the school. If there should be more applicants
than can be accommodated at any time, each district shall be entitled
to send its equal proportion of pupils, according to the number of
pupils it may have, as shown by the last report to the county super-
12 SCHOOL LAWS OF IUWA.

intendent of common schools. And the boards of the respective
school districts shall designate such pupils as may attend.

Szc. 1708. If, at any time, the school can accommodate more pupils
than apply for admission from that county, the vacancies may be
filled by applicants from other counties, upon the payment of such
tuition as the board of trustees may prescribe; but at no time shall
such pupils continue in said school to the exclusion of pupils belong-
ing in the county in which such high school is situated.

Szc. 1709. The principal of any such high school, with the ap-
proval of the board of trustees, shall make such rules and regulations
as he deems proper in regard to the studies, conduct and government
of the pupils under his charge, and if any such pupils will not con-
form to and obey the rules of the school they may be suspended or
expelled therefrom by the board of trustees.

Sec. 1710. The said board of trustees shall annually make a re-
port to the board of supervisors of their county, which shall specify
the number of students, both male and female, who have been in
attendance at the county high school during the year, the branches of
learning taught, the text-books used, the number of teachers em-
ployed, the amount of salary paid to them, the amount expended for
library and apparatus, and for buildings and all other expenses; also,
the amount of funds on hand, debts unpaid, and other information
deemed important or expedient to report. Said report sball be
printed in at least one newspaper in the county, if any is published
therein, and a copy of the report shall be forwarded to the state
superintendent of public instruction.

Src. 1711. The board of supervisors shall have power to fill any
vacancy that may occur in the board of trustees of that county, by
appointment, until the next general election, and a majority of such
board of trustees shall be a quorum for the transaction of business.

Src. 1712. The board of supervisors may allow each member of
the board of trustees the sum of two dollars per day for the time
actually employed in the discharge of his official duties, and when
such accounts are presented for payment they shall be audited and
paid out of the county treasury, in the same manner as other accounts
against the county, and said trustees shall not be entitled to any
further remuneration for services or expenses.
SCHOOL LAWS OF 10WA. 13

SCHOOL DISTRICTS.

Szcrion 1713, Each civil township now or hereafter organized,
and each independent school district organized as such prior to the
taking effect of this code, is hereby declared a school district for all
the purposes of this chapter, subject to the provisions hereinafter
made.

Sec. 1714. When an organized district has been left without offi-
cers, the township trustees shall give such notice for a special elec-
tion of directors as is required in cases of regular district elections;
and the persons elected shall continue in office until their successors
are duly elected and qualified.

Szc. 1715. When changes in civil township boundaries are made,
or any district shall be divided into two or more entire townships for
civil purposes, the existing board of directors shall continue to act
for both or all the new districts, or parts of districts, until the next
regular district election thereafter, at which time the new district
township shall organize by the election of directors. The respective
boards of directors shall, immediately after such organization, make
an equitable division of the then existing assets and liabilities
between the old and new districts; and in case of a failure to agree,

 

Sec. 1713. The design of the law is that civil and district township boun-
daries shall coincide. When new civil townships are formed, the corres-
ponding changes in district township boundaries take effect at the next sub-
district election. Sections 1715 and 1796.

Sec. 1714. (a) In case the board is reduced below a quorum, by resigna-
tion or otherwise, the township trustees call a special election to fill the
vacancies. The ballots in such election, in independent districts, should in-
dicate in whose place the person voted for shall serve.

(b) In independent districts. five notices shall be posted, as provided in
sections 1742 and 1801; in district townships three notices are required in
each subdistrict, as provided in section 1718. Note (b) to form 2.

Sec. 17.5. (a) New district townships are not organized until the first
Monday in March after the election of officers of the civil townships.

(o) When subdistricts are divided by changes in civil township bounda-
ties, the boards should incorporate the several parts with other subdistricts,
or otherwise provide for such territory, so that all electors may vote at the
following subdistrict election; in the absence of such action the territory
properly belongs to the subdistrict which it adjoins, and the electors are en-
titled to vote therein.

(c) The boundaries of subdistricts lying wholly within the old or new dis-
tricts, are not aff-cted by the division of civil townships.
14 SCHOOL LAWS OF IOWA.

the matter be may decided by arbitrators, chosen by the parties in
interest. A similar division shall be made in case of the formation
or changes of boundaries of independent districts.

Sxc. 1716. Every school district which is now, or may hereafter
be organized, is hereby made a body corporate by the name of the
“district township,” or “independent district” (as the case may be),

 

(d) Five days before the time for the regular subdistrict election, first
Monday in March, written notices should be posted in three public places in
each subdistrict, in both the old and new townships, by the resident subdi-
rector; where there is no subdirector, by the secretary. Form 2, and notes.

(e) Assets include school-houses, sites and all other property and moneys
belonging to the district. Liabilities include all debts for which the district
in its corporate capacity is liable. In determining the assets, school prop-
erty should be estimated at its present cash value.

(f) Each fund should be divided separately between the districts, in pro-
portion to the last assessed value of the property, real and personal. Any
portion of the teachers’ fund, however, derived from the semi-annual appor-
tionment, should be divided in proportion to the number of persons between
the ages of five and twenty-one years, according to the last enumeration.

(g) School-houses will usually become the property of the district in which
they are situated. If their value exceeds the amount justly due the district,
and there is not sufficient school-house fund on hand to equalize the divis-
ion, the board should fix the amount each district should receive or pay.

(hk) An equitable arrangement mutually satisfactory to the parties in in-
terest will be in accordance with thejintent of the law. Any agreement
should be reduced to writing, and entered in the records of each district.

(i) The districts, after the division, which do not receive their just pro-
portion of school-house property, have a claim against those that do obtain
more than their due share. The last named are indebted to the first in the
difference. 36 lowa, 216.

(j) A simple and just method to dispose of unpaid and delinquent taxes,
also of all funds in the hands of the county treasurer, and not available,
section 1785, is to direct the payment of these funds in such manner that
taxes derived from any part of the territory shall be paid to the district to
which such territory will then belong.

(k) If money is received by one which belongs to another, the ruleisa
general one that the law implies a promise on the part of the receiver to pay
it over. Based upon this promise an action may be maintained for
its recovery. And this rule applies to corporations as to individuals. 11
Iowa, 506.

Sec. 1716. (a) ln suits, contracts, and conveyances, the corporate name
should be strictly observed.

(b) A subdistrict is not a corporation, and hence can neither hold prop-
erty nor perform any corporate act.
SCHOOL LAWS OF IOWA. 15

Of ice mieiuniawan caeao ,in the county of........,..... se tiscalettrais
and in that name may hold property, become a party to suits and con-
tracts, and do other corporate acts.

DISTRICT TOWNSHIP MEETING.

Sxcrion 1717. (As amended by Chap. 51, Laws of 1882.) Each
district township shall hold an annual meeting on the second Monday
in March, and the electors of the district, when legally assembled at
such meeting, shall have the following powers:

1. To appoint a.chairman and secretary in the absence of the reg-
ular officers; =

2. To direct the sale or other disposition to be made of any school-
house, or the site thereof, and of such other property, personal and
real, as may belong to the district; to direct the manner in which the
proceeds arising therefrom shall be applied; to determine what addi-
tional branches shall be taught in the schools of the district; or to
delegate any of these powers to the board of directors; and to author-

 

Src. 1717. (a) District townships are authorized to hold only one meet-
ting in each year, except as provided by section 17174 The meeting cannot
be adjcurned to another day.

(b) Ten days’ previous notice of this meeting should be given by the dis-
trict township secretary, section 1742, but as the law fixes the day of the
meeting of the electors of the district township, and also of the subdistrict,
a failure to give full notice, or any notice at all, though a violation of law,
will not invalidate the proceedings of the meeting, if one is held at the
usual time and place. 10 Iowa, 212.

(c) The president and secretary are the regular officers of this meeting,
and should act as such if present. Sections 1739 and 1741.

(d@) School-Houses cannot be sold without a previous vote of the electors,
but their action in voting a tax for the erection of a new school-house on
the old site give3 the board authority to remove or dispose of the old house.

(e) ‘The electors have no authority to instruct the board to loan money be-
longing to the district, nor to order money invested in government bonds.

(f) If the district township meeting direct that any additional branches
shall be taught in one or all of the schools in the district township, their
action is mandatory, and the board are bound to endeavor in good faith to
fulfill the wishes of the electors.

(g) All school-house taxes must be voted by the electors of the subdis-
trict, or district township; this power cannot be delegated to the board.

(hk) The specific sum of money deemed necessary, and not a certain num-
ber of mills on the dollar, should be voted, except when a district lies in
16 SCHOOL LAWS OF IOWA.

ize the board of directors to obtain at the expense of the district town-
ship, such highways as such board may deem necessary for proper
access to the school-house in their districts;

3. To vote such tax, not exceeding ten mills on the dollar in any
one year, on the taxable property of the district township, as the
meeting shall deem sufficient for the purchase of grounds and the
construction of the necessary school-houses, for the use of the district,
and for the payment of any debts contracted for the erection of
school-houses, and for procuring district libraries, and for obtaining
highways for access to school-houses;

4. To instruct the board of directors to transfer any surplus in the
school-house fund, not appropriated, to either the contingent or
teachers’ fund.

Src. 17174. (Chap. 84, Laws of 1880.) When a school district,
by fire or otherwise, has been deprived of a school building, and the
board of directors of such district by the use of the powers in them
vested, are unable to provide for the continuance of the school
therein; then such board of directors shall-call a meeting of such dis-
trict.

The manner of calling such meeting, and the powers of such meet-
ing, shall be as follows:

1. The board of directors shall cause to be posted in three public
places in such district, at least ten days prior to the designated time

 

two counties. Chap. 67, Laws of 1874. The per centum necessary to raise
this sum is determined by the board of supervisors.' Sections 1777 and 1780.

(i) The electors may not vote, nor the board appropriate, money to pur-
chase text-books for the use of scholars.

(j) Money may be paid for the purchase of a district library only when
it has been voted for that purpose by the electors.

(k) Any other mingling of funds than provided for in subdivision four is
a violation of law.

,() The vote of the electors upon any of the questions mentioned in this
section, may be taken by ballot, or viva voce, as the meeting shall direct.
But pains should be taken to have the more important matters presented to
the meeting when the attendance is largest.

(m) Failing to carry out instructions from this meeting, the board may
be compelled by mandamus to show reason why they have not complied
with the request of the electors.

(n) ‘Lhe electors frequently assume to do more than is granted them by
law. They have only such powers as are specifically named in the law.
SCHOOL LAWS OF [OWA., 17

of holding such meeting, written notices of such meeting, in which
shall be stated the time and place of such meeting, and the object or
purpose for which the same is called.

2. The powers of such meeting shall be the same as is prescribed
in section 1717 hereof, except those powers which are set forth in
paragraph 2, after the word “applied” in the fourth line thereof, and
in paragraph 3, after the word “district” in the fifth line thereof.

SUBDISTRICT MEETING.

Section 1718. The several subdistricts shall, annually, on the first
Monday in March, hold a meeting for the election of a subdirector,
five days’ notice of which meeting shall be given by the then resident
subdirector, or, if there is none, by the district secretary, posting a
written notice in three public places therein, and such notice shall
state the hour of meeting.

Szc. 1719. (As amended by Chap. 7, Laws of 1880.) At.the meet-
ing of the subdistrict a chairman and secretary shall be appointed,
who shall act as judges of the election, and give a certificate of elec-
tion to the subdirector elect. When there is a tie vote between two
persons for the office of subdirector the secretary shall notify the sec-
retary of the district township board of such tie vote, and shall notify
said persons to appear at the regular meeting of the board on the

 

Src. 1718. (a) No district township or subdistrict meeting shall organize
earlier than 9 A. M., nor adjourn before 12 m. Section 1789. The meeting
should not be called later than 6P.m. The law contemplates at least three
hours for the election. Note (c) to section 1789.

(b) Any election by the people must be held on the day designated, and
officers must be elected by a single ballot.

(c) If subdistrict boundaries are in controversy by way of appeal, the
election for subdirectors should be made on the basis of the status of the
subdistricts on the day of election.

Src. 1719. (a) The chairman and secretary are not required to qualify.

(b) A person who acts as chairman at a school election is entitled to his
vote as much as any other elector.

(c) The election must be by ballot. Constitution, article 2, section 6.

(a) No minor, non-resident nor alien can take part in a meeting of elect-
ors. To be entitled to the right of suffrage a person must be a male citizen
of the United States, twenty-one years of age, a resident of the state six
months next preceding the election, and of the county sixty days. Consti-
tution, article 2, section 1. 69 Iowa, 368.

3
18 SCHOOL LAWS OF 10WA.

third Monday in March to determine the tie vote by lot before one
or more members of the board elected, and the certificate of election
shall be given accordingly. Should either party fail to appear, or
take part in the lot, the secretary shall draw for him.

Src. 1720. In all district townships comprising but one subdistrict
the board of directors shall consist of three subdirectors; and in all
district townships comprising but two subdistricts it shall consist of
one subdirector chosen from each subdistrict and one from the dis-
trict township at large, who shall in both cases be elected in the man-
ner provided by law for the election of one subdirector from each
subdistrict. The judges of the respective subdistrict elections shall
canvass the votes for subdirector chosen from the district township
at large, and shall issue a certificate of election to the person elected.

 

(e) The person receiving the greatest number of votes is elected, even
though he has not received a majority of all the votes cast.

(f) This section clearly provides how a tie vote shall be decided.

(g) The electors of a subdistrict may, at their regular meeting in March,
determine what amount is required for the erection of a school-house in
said subdistrict. A sum,in the aggregate, may be voted, and the subdi-
rector must certify the same to the next district township meeting held
thereafter. Section 1778. Form 5.

(kh) If the subdistrict does not wish to have a tax to build their house
levied upon themselves, they should simply prefer a request for a sufficient
amount to build a school-house in their subdistrict, not naming any fixed
sum. Note (c) to form 3.

Sec. 1720. (a) Where there is but one subdistrict in a district township
the subdistrict meeting should be held at some central point, on the first
Monday in March, for the election of three subdirectors, five days’ notice
of which should be given by the district secretary, as directed by section

1718; and another meeting will. be held on the second Monday in March, as ..

provided by section 1717, the powers and duties of the two meetings being
entirely separate and distinct, the first being a subdistrict, the second a dis-
trict township meeting.

(b) The board of a district township cannot consist of less than three
members. If there are two subdistricts, the subdirector from the township
at large should be voted for at both meetings, and to avoid confusion,
tickets should specify: For subdirector, A. B.; For subdirector at large,
Cc. D.

(c) The failure or refusal of the proper officers to issue a certificate to a
person duly elected, cannot operate to deprive such person of his rights.
The certificate or commission is the best, but not the only evidence of an
election, and if that be refused secondary evidence is admissible. McCrary
on Elections, section 171.
SCHOOL LAWS OF [0WA. 19

BOARD OF DIRECTORS.

Szction 1721. (As amended by Chap. 27, Laws of 1874.) The
subdirectors of the several subdistricts shall constitute a board of di-
rectors for the district township, and shall enter upon their duties
upon the day fixed for the regular meeting of the board in March, at
which time they shall organize by electing from their own number a
president, who shall simply be entitled to a vote as a member of the
board; and from the district township at large, at their regular meet-
ing on the third Monday of September in each year, a secretary and
@ treasurer, unless there are at least five subdirectors in the district
township, in which case they may be selected from the board; and
said secretary and treasurer thus elected shall qualify and enter upon
the duties of their respective offices within ten days following the
date of their election. If selected from the district township at large
they shall have no vote in the proceedings of the board.

 

Src. 1721. (a) The right or title to hold office cannot be determined by
an appeal to the county superintendent. The proper remedy for any person
aggrieved by the action of the board relating thereto is a petition to the dis-
trict court, under sections 3345-3352, Code.

(b) Directors continue in office until the third Monday in March and
until their successors are elected and qualified.

(c) It is quite customary for the outgoing board to meet on the third
Monday in March and complete all their work, and for the new board to
organize immediately thereafter. The legality or propriety of their doing
‘so has never been questioned.

(d) Business done by the new board on the second Monday of March is
void, because their term of office does not begin until the third Monday in
March. All such business done, including the re-organization, should be
re-enacted at a subsequent meeting to make it legal.

(e) A member or officer of the board must have the qualifications of an
elector, if a male; but no person shall be deemed ineligible, by reason of
sex, to any school office. Chapter 136, laws of 1876

(f) A president whose term as director has expired may take no further
part in the board, even though a new president has not been chosen.

(g) When the treasurer is chosen from the board, under section 1721, his
ceasing to be a member of the board in March does not terminate his rela-
tion as treasurer of the district until September following.

(kh) Where the law requires a certain duty to be performed by the board
upon a fixed day, as for instance the election of a secretary and a treasurer,
an adjournment of the meeting to another fixed date will allow the trans-
action of the business directed to be done on the day of the regular meeting.
90 SCHOOL LAWS OF IOWA.

Suc. 1722. (As amended by Chap. 176, Laws of 1880.) The board
of. directors shall hold their regular meetings on the third Monday in
March and September of each year; and may hold such special meet-
ings as occasion may require, at the call of the president, or by re-
quest of a majority of the board; provided that the board of directors
of a district township may hold their meetings at any place within
the civil or district township in which such district township is sit-
uated.

Src. 1723. They shall make all contracts, purchases, payments,
and sales necessary to carry out any vote of the district, but before

 

(i) No person may hold two offices of the board at the same time.
(j) A person cannot remain an officer or member of the board and reside
in another district, even though in the same civil township.

Sec. 1722. (a) Section 1738 provides that a majority of the board shall
constitute a quorum.

(b) Any duty imposed upon the board as a body must be performed at a
regular or special meeting, and made a matter of record.

(c} The consent of the board to’ any particular measure, obtained of in-
dividual members when not in session, is not the act of the board, and is
not binding upon the district. 47 Iowa, 11.

(d) If a contract is made without authority from the board, the indi-
viduals making such contract are personally liable.

(e) Special meetings should be convened by a written call, signed either
by the president or a majority of the members, and each member should be
duly notified of the purpose of the meeting, as far as known.

(f) This section authorizes the board of a district township to hold
meetings in an independent district within the same civil township.

Sec. 1723. (a) It is the duty of the board to make contracts for the
erection of school-houses, when the means have been provided by the elec-
tors. Forms 6, 7 and 8.

(b) No member has authority to make a contract in behalf of the district,
except under specific instructions of the board.

(c) If the subdirector is appointed a committee to contract, it should be
with certain limitations, and the contract must be reported to the board for
approval, as provided by section 1753.

' (d) If members or officers of the board intentionally violate law they
become personally liable. Iowa Reports, 14, 510; 17, 155; 24, 337, and 38, 47.

(e) If an agent makes a valid contract without authority, he is himself
bound thereby. 37 Iowa, 314. But acontract made by the board does not
bind the members personally when they do not put their official title to their
signatures, but the district is bound. Iowa Reports, 7, 509; 11,82, —
SCHOOL LAWS OF IOWA. o1

erecting any school-house they shall consult with the county superin-
tendent as to the most approved plan of such building. And all
school-houses erected or repaired at a cost exceeding. three hundred
dollars, shall be so erected or repaired by contract, and no such con-
tract for labor or materials shall be let until proposals for the same
shall have been invited by advertisement for four weeks in some news-
paper published in the county where the work is to be done, if there

 

(f) Contracts made in violation of the terms of this section are illegal.
Their fulfillment may be prevented by injunction.

(g) Before making a contract great pains should be taken to obtain the
best possible plan for the building. On this point the law requires consul-
tation with the county superintendent.

(hk) Contracts for the erection or repair of school-houses, or for material
for the same, exceeding $300, cannot be entered into until proposals have
been published at least twenty-eight days. Repairs include furniture.

.(i) After the contract is executed, it should be changed with caution, or
the sureties may be released. 50 Iowa, 98.

(j) The board cannot be required to commence the construction of a
house until means to a reasonable extent have been provided.

(k) Unappropriated school-house funds may be disposed of by the
electors, under section. 1717, for improvements, such as fencing school-
house sites, providing wells, etc., or the same may be transferred to either
the teachers’ or contingent fund, and the board, under section 1723, are re-
quired to carry out the vote of the electors.

(t) The district may not form a partnership with any other party in the
building of a school-house. This does not prevent the receiving of dona-
tions and granting privileges under notes (g) and (7) to section 1753.

(m) A board may bind a corporation by contracts entered into after the
election of their successors and before their qualification. But they may
not, unnecessarily make contracts to extend beyond their term. 87 Ill., 255.

(n) While instances may occur in which the interests of the district will
be subserved by making contracts with teachers and others, which will not
expire for months after a change of officers, courtesy as well as justice dic-
tates the impropriety of making contracts the execution of which will em-
barrass successors in office. Ordinarily the new board should make con-
tracts only for the year during which they serve.

(0) The force and effect of any motion adopted by the board does not
terminate with a change of officers or members, but remains in force until
repealed. 35 Iowa, 361.

(p) A board may ratify or adopt such acts of officers de facto as the law
would permit officers de jure to perform.
99, SCHOOL LAWS OF 10WA.

be one published therein, if not, in the nearest newspaper in an ad-
joining county; and such contract shall be let to the lowest respon-
sible bidder, and bonds with sufficient sureties for the faithful per-
formance of the contract shall be required.

Szc. 1724. They shall fix the site for each school-house, taking
into consideration the geographical position and convenience of the
people of each portion of the subdistrict, and shall determine what

 

(q) Boards should not involve the district in an indebtedness for the erec-
tion of school-houses, by contracts, or the issue of orders to exceed the
amount voted by the electors.

(r) District townships have no authority to issue bonds or other evi-
dences of indebtedness for the purpose of borrowing money.

(s) No district can become indebted in any manner, or for any purpose,
to an amount, in the aggregate, exceeding five per cent on the value of its
taxable property. Constitution, article 11, section 3.

(t) Any unappropriated school-house fund in the district treasury may be
used for the erection or repair of school-houses, at the discretion of the
board, without action of the electors.

(u) Chapter 146, laws of 1882,as amended, confers upon all boards the
right to insure school property. This duty should not be neglected.

(v) District property is exempt from general taxation, section 797, Code;
from execution, section 3048, Code; from garnishment, section 2976, Code;
and mechanic’s lien, 54 Iowa, 81.

(w) Sometimes a district desires to maintain a better or different fence
than can be required of the party joining. In such cases it is quite cus-
tomary for districts to build the whole fence.

(c)) There is no provision of law for condemning land for a school road.
The law authorizes the board to purchase land and to levy a tax for that
purpose. If the land cannot be procured by contract, the road may be es-
tablished in the same manner and by the proceedings provided for the estab-
lishment of highways, and when the damages have been assessed, the dis-
trict may pay the same.

(y) The local board of health have undoubted right under chapter 151,
section 16, laws of 1880, to condemn and close for use as a school-house a
building believed by them to be unfit for such purpose.

(z) A lightning rod may be supplied as a part of anew house, and paid
for from the school-house fund. 651 Iowa, 432. :

SEc. 1724. (a) The power to locate sites for school-houses is vested, orig-
inally, exclusively in the board. This authority should be exercised with
great care, and without prejudice. The wishes of the people, for whom the
house is designed, should be consulted as far as practicable, taking into ac-
count the prospective as well as the present convenience of the subdistrict.
SCHOOL LAWS OF IOWA. 23

number of schools shall be taught in each subdistrict, and for what
additional time beyond the period required by law they shall be con-
tinued during each year.

Szc. 1725. (As amended by Chap. 109, Laws of 1876, and Chap.
125, Laws of 1886.) They shall determine where pupils may attend
school, and for this purpose may divide their district into such sub-
districts as may by them be deemed necessary; provided that no such
subdistrict shall be created for the accommodation of less than fifteen
pupils, but the board of directors shall have power to rent a room
and employ a teacher for the accommodation of any ten scholars;
provided further that nothing in this chapter contained shall be con-
strued to prohibit the construction of as many school-houses, out of

 

(b) The power of the board to fix the site carries with it the power to re-
locate that site. 68 Iowa, 161. The exercise of this power isa proper and
necessary adjunct of power to make alterations in subdistrict boundaries.
An extension of settlements frequently changes the centers of population
and necessitates a change of subdistrict boundaries, and the removal of
school-houses to central localities in the new subdistricts. 23 Iowa, 408.

(c) A site near the center of the subdistrict should Be chosen, unless con-
trolling circumstances indicate a different selection. The site should con-
tain not less than one acre of ground, ordinarily.

(d) Every new site, taken under section 1825, must be selected on some
public highway, at least forty rods from any residence, the owner whereof
objects to its being placed nearer, and not in any orchard, garden, or public
park; except in incorporated towns or cities. Section 1826. Boards may re-
build on sites without consent of owners of residences within forty rods.

(e) The provisions of section 1825 do not apply in cases where the site is
purchased. S. L. Decisions, 135.

(f) Thecaseof Randall v. Dist. Twp. Lincoln, 8S. L. Decisions, 84, is under-
stood to mean that the board would expect to be again reversed on appeal,
if making a location without a better reason than existed when the former
action was taken. 70 Iowa, 338, and 8. L. Decisions, 139.

(g) Since a change of boundaries between subdistricts does not take effect
until the subdistrict meeting in March, the board may not move the school-
house to accommodate the proposed new subdistrict until after that time.

(h) As regards the length of time during which schools are to be taught
in each subdistrict, twenty-four weeks is the minimum. Section 1727. The
maximum is unlimited, except as by section 1780, providing a limit to the
amount of taxés for contingent and teachers’ fund.

Src. 1725. (a) All changes in subdistrict boundaries must be made in
strict conformity with sections 1738 and 1796.
94 SCHOOL LAWS OF IOWA.

moneys derived from taxes levied previous to January 1, 1876, in any
subdistrict where the subdistrict comprises the entire district town-
ship, as shall have been authorized and provided for at the annual
meeting of the district township electors.

Src. 1726. They may establish graded or union schools wherever
they may be necessary, and may select a person who shall have the

 

(b) The words pupils and scholars, as used in this section, mean persons
between the ages of five and twenty-one years.

(c) All of a district township must be included in some subdistrict.

(a) A subdistrict is not a corporate body and has no financial claims, nor
can it be held liable for debts, except as a part of the district township.

(e) The board may discontinue or abolish a subdistrict by a re-adjust-
ment of boundaries, taking effect in March following. Section 1796.

(f) No change in boundaries may be made by the board which leaves any
subdistrict with less than fifteen persons of school age.

(g) In an organized subdistrict, even though there are not fifteen persons
of school age, a school must be held, unless the board are excused by the
county superintendent. Section 1727.

(hk) The board cannot provide an extra school for a less number than ten
persons of school age.

(i) There is nothing in law to prevent the erection of more than one school-
house in a subdistrict. 69 Iowa, 533.

Src. 1726. (a) A graded school, open to the older and more advanced
scholars from every subdistrict, may be advantageously established at some
central] point in the district township.

(b) The law does not prescribe the branches that shall be taught in the
public schools, further than to require all teachers to be qualified to teach
certain branches enumerated in section 1766.

(c) In the absence of instruction by the electors, the board should decide
what branches besides those in a teacher’s examination, shall be taught.

(ad) Boards are empowered by virtue of the authority to establish graded
schools, and of the general supervisory and discretionary powers with which
they are invested, to prescribe courses of study and branches to be taught
in the schools of their district.

(e) SIt is very desirable that boards, county superintendent and teachers
should work together in efforts to classify and harmonize the work to be
done in the ungraded schools. Much may be accomplished by concert of
action in carrying forward some uniforma method of classification and in-
struction. ‘

(f) A course of study should be prescribed by the board in every district,
to which the electors may add additional branches, by section 1717.
SCHOOL LAWS OF IOWA. 95

general supervision of the schools in their district, subject to the
rules and regulations of the board.

Src. 1727. In each subdistrict there shall be taught one or more
schools for the instruction of youth between the ages of five and
twenty-one years, for at least twenty-four weeks, of five school days
each, in each year, unless the county superintendent shall be satisfied
that there is good and ‘sufficient cause for failure so to do. Any per-
son who was in the military service of the United States during his
minority shall be admitted into the schools of the subdistrict in
which he may reside on the same terms on which youths between the
ages of five and twenty-one are admitted.

 

(g) Itis not within the province of individual parties to demand instruc-
‘tion outside the branches usually taught.

(h) If itis understood that the principal of a school has charge of other
rooms besides his own, he has the same power in managing the children that
‘is by law given to other teachers.

Src. 1727. (a) Unless the county superintendent finds it quite impracti-
-cable that a school should be held, and releases the board, they are required
‘by the law to provide a school in every subdistrict.

(6) The board may establish more than one school in a subdistrict if nec-
essary for the accommodation of the children, subject to the limitations
-contained in sections 1725 and 1780. 70 Iowa, 102.

(c) Under section 1724, the board have power to provide for a longer
period of school than twenty-four weeks; this increase of time does not ap-
‘ply to the extra schools granted.

(d) When two school-houses are within the same district, or subdistrict,
a school of three months in each, held at the same time, does not fulfill the
requirements of the law that a school of at least twenty-four weeks shall be
taught in each subdistrict.

(e) The school year for school purposes should be regarded as beginning
-on the third Monday in March, when a new board enter upon their duties.

(f) All the youth of the state from five to twenty-one years of age, irre-
spective of religion, race or nationality, are entitled to the same school
facilities. While schools may be graded according to the proficiency of pu-
pils, no discrimination, such for instance as requiring colored pupils to
attend separate schools, can be enforced. 24 Iowa, 266.

(g) Persons over twenty-one years of age are not entitled to the benefits
of the public schools, except as provided in the latter part of this section.
if, however, the school is not full, they and non-residents may be admitted,
in the discretion of the board, upon such terms as the board may prescribe.

(hk) Children under five years of age will be more injured -by the confine-
ment than benefited by the instruction. They cannot claim the advantages
of the school, and should not be admitted.

4
26 SCHOOL LAWS OF Iowa.

Src. 1728. The board of directors of any district township or in-
dependent district shall not order, or direct, or make any change in
the school-books or series of text-books used in any school under their
superintendence, direction, or control, more than once in every period
of three years, except by a vote of the electors of the district town-
ship or independent district.

Szc. 1729. They may use any unappropriated contingent fund in
the treasury to purchase records, dictionaries, maps, charts, and appa-
ratus for the use of the schools of their districts, but shall contract.
no debts for this purpose.

Sc. 1730. They shall appoint a temporary president and secretary
in case of the absence of the regular officers, and shall fillany vacancy

 

Src. 1728. (a) This section only implies the power of the board to adopt.
text-books for their schools, but to avoid the great variety of text-books
used in the schools and too frequent changes of the same, we think the
board should exercise their authority by adopting text-books, having due
regard to those in common use.

(b) The change of any one text-book in the school does not prevent the
board from changing any or all other books at a subsequent time. Neither
subdirector nor teacher has authority to change text-books.

(c) The electors may not vote, nor the board appropriate, money for the
purchase of text-books for the use of the district.

(d) The board are not prohibited from buying text-books and selling
them to scholars at cost, if choosing to do so on their own responsibility.

Sec. 1730. (a) A vacancy can be created only by death, removal, resigna-
tion, or failure to elect at the proper election, there being no incumbent to
continue in office. Section 781, Code. A failure to elect or qualify does not
create a vacancy, for the incumbent, whether elected or appointed, contin-
ues in office until his successor is elected and qualified. Section 784, Code.
If the incumbent does not qualify in the time fixed by the board, a vacancy
exists. Sections 690.and 686, Code.

(b) A change in the boundaries of subdistricts does not create a vacancy,
for changes do not take effect until the next subdistrict election. Section
1796. If a subdistrict is divided, so as to form a new one, the subdirector
will continue to act as though no change had been made, until the expira-
tion of his official term.

(c) If a person without the requisite qualifications, is elected a member
of the board and acts with the board, being a member de facto, his acts will
be valid; but when his disqualification becomes known, the board should
declare the place vacant and appoint his successor. 23 Lowa, 96.

(ad) School directors may resign at any time. A verbal resignation may
be tendered to the board when in session, or a written resignation may be
SCHOOL LAWS OF IOWA. OT

that may occur in the office of president, secretary, or treasurer, or in
the board of directors.

Src. 1731. They shall require the secretary and treasurer to give
bonds to the district in such penalty and with such security as they
may deem necessary to secure the district against loss, conditioned
for the faithful performance of their official duties. The bonds shall
be filed with the president, and in case of a breach of the conditions
thereof he shall bring suit thereon in the name of the district town-
ship or independent district.

Sec. 1732. They shall, from time to time, examine the accounts of
the treasurer and make settlement with him; and shall present, at

 

handed to some member to be presented at a subsequent meeting, for ac-
ceptance by the board. No onecan be compelled to serve against his wishes.

(e) When a director habitually neglects the duties of his office, he may
be compelled by mandamus to perform them.

(f) Boards have no authority to remove any member or officer of the-
board. Such removal may be made only by the courts as provided by sec-
tions 746-750, Code.

(g) In case the board is reduced below a quorum by resignation, or other-
wise, the township trustees must call a special election to fill the vacancies, .
as provided by section 1714.

Src. 1731. (a) The law requires all official bonds to be secured by at least
two sureties, who are freeholders, and whose aggregate property is double
the amount of the bond; the oath of office to be subscribed on the back of
the bond, or attached thereto, and the sureties to make affidavit that they
are worth the amount named in the bond. Sections 249, 250, 675 and 679,.
Code. Form 10.

(b) As the bonds of the secretary and treasurer must be approved by the
board, no member should become surety for these officers.

(c) Any officer whose duty it is to give bonds for the proper discharge of
the duties of his office, and who neglects so to do, is guilty of a misdemeanor,
and is liable to a fine. Section 684, Vode.

(d) A board approving bonds which they know to be insufficient, do not
discharge the duty incumbent upon them, and are liable under section 3965, .
Code, on a charge of misdemeanor. Iowa Reports, 14, 510; 18, 153.

Sxc. 1732. (a) The interest and protection of the tax-payers require that
such settlement should be made at least twice a year, and more frequently
if deemed necessary, and the settlement at the end of the term requires that
the funds and property shall be produced and fully accounted for, and that
these facts should be indorsed upon the bond of the treasurer, if he is re-
elected. Section 690, Code, quoted in note (d) to section 1751. 69 Iowa, 269..
‘98 SCHOOL LAWS OF IOWA.

each regular meeting of the electors of the district township, a full
statement of the receipts and expenditures of the district township,
-and such other information as may be deemed important.

Src. 1733. They shall audit and allow all just claims against the
district, and fix the compensation of the secretary and treasurer, and
‘no order shall be drawn on the treasury until the claim for which it
‘is drawn has been audited and allowed.

Sec. 1734. They shall visit the schools in their district, and aid
the teachers in establishing and enforcing the rules for the govern-
‘ment of the schools, and see that they keep a correct list of the pupils,
embracing the periods of time during which they have attended

 

(b) This section contemplates that a full report of the affairs of the dis-
trict shall be made by the board at each annual meeting of the electors.
. This work appropriately devolves upon the president, unless the board desig-
nate some other member. When practicable, the report should be pub-
lished. ,

Sxc. 1733. (a) All demands, whether by contract or otherwise, must be
approved by the board when in session, before an order may be drawn on the
treasury, and no officer should draw an order unless he is authorized to do
‘so by a vote of the board, at a regular or special meeting.

(b) Only the secretary and treasurer may receive compensation for the
discharge of duties required by law. Section 1738.

(c) It is the duty of the board to examine all contracts for the employ-
‘ment of teachers, and the construction of school-houses, or for any other
purpose, and to see that the stipulations have been complied with, before
they authorize the payment of money thereon.

(d) The board may authorize the president and secretary to draw war-
tants for the payment of teachers’ salaries at the end of each school month,
upon proper evidence that the service has been performed, but the order for
wages for the last month should not be drawn until the report required by
section 1760 is filed in the office of the secretary.

(e) School orders issued without a vote of the board or otherwise illegally
issued, although they may be signed by the president and countersigned by
the secretary, are not binding upon the district; neither can they acquire
validity by being transferred to third parties. If illegal when issued, they
are illegal forever. 19 Iowa, 199 and 248.

(f) Anorder is not a negotiable paper. It is subject to all equities and
‘defenses to which it would have been subject in the hands of the payee. 29
Iowa, 339.

Sec. 1734. (a) Boards have entire coptrol of the public schools of their
‘district and the teachers employed therein. The board may establish such
SCHOOL LAWS OF IOWA. 99.

school, the branches taught, and such other matters as may be re-
quired by the county superintendent. In case a teacher employed in’
any of the schools of the district township is found to be incompe-
tent, or is guilty of partiality or dereliction in the discharge of his
duties, or for any other sufficient cause shown, the board of directors
may, after a full and fair investigation of the facts of the case, at a
meeting convened for the purpose, at which the teacher shall be per-
mitted to be present and make his defense, discharge him.

Sec. 1735. The majority of the board in independent districts
shall have power, with the concurrence of the president of uhe board

 

rules and regulations for the government of teachers and pupils, consistent
with law, as the interests of the schools require. S. L. Decisions, 180.

(b) The teacher is the agent of the board, and rules made and enforced
by the teacher with either the formal or tacit consent of the board, are in-
effect the rules of the board.

(c) It is the duty of the teacher, under the direction of the board, to de-
termine what branches shall be pursued by each pupil.

(d) Without special mention in the teacher’s contract, it is understood
that only the common branches are expected to be taught.

(e) It is competent for boards to provide by rules that pupils may be sus-
pended from the schools in case they shall beabsent or tardy a certain num-
ber of times within a fixed period, except for sickness or other unavoidable
cause. 31 Iowa, 562.

(f) Therules adopted by the board rem2in and continue in force until
repealed. 35 Iowa, 361.

(g) The board of any district have the right to include music, drawing,
or any other study, in the course of study for their schools, Section 1766.

(kh) Boards may dismiss teachers only for good cause shown. In case the
board pass an order to dismiss, the material reason therefor should be-
spread upon the record; for, while in case of contest, these reasons would
not be conclusive against the teacher, the board would be estopped from
presenting other reasons than those named in the record.

(¢) When a teacher is unjustly dismissed, an appeal may be taken from
the action of the board in dismissing him, but a suit at law must be brought,
if he seeks to recover his pay upon the contract. The teacher should be
paid only to the date of legal dismissal.

(j) In the trial of a teacher, when it is sought to dismiss him, all the
provisions of section 1734 must be strictly complied with. The board may
not prevent the teacher from making a full defense, and the teacher may
appear by attorney, or otherwise, as he chooses. §S. L. Decisions, 120.

Sec. 1735. (a) If the effects of acts done out of school hours reach
within the school-room during school hours, and are detrimental to good
80 SCHOOL LAWS OF IOWA.

of directors, to dismiss or suspend any pupils from the school in
‘their district for gross immorality or for a persistent violation of the
regulations or rules of the school, and to re admit them if they deem
proper so to do.
Sxc. 1736. They shall at their regular meeting in March of each
year; require the secretary to file with the county superintendent,
county auditor and county treasurer, each, a certificate of the election,
-qualification and post-office address of tne president, treasurer, and
secretary of the district township, and to advise them from time to
time of any changes made in said offices by appointment.
Szc. 1737. They shall make such rules and regulations as may be
necessary for the direction and restriction of subdirectors in the dis-
charge of their official duties, and not inconsistent with law.

 

‘order and the best interests of the pupils, it is evident that such acts may
be forbidden. 31 Iowa, 562.

(b) The board will be justified in refusing to permit the attendance of a
pupil whose parent will not consent that he shall obey the rules of the
school. 50 Iowa, 145; S. L. Decisions, 130.

(c) A board may not adopt a rule which will deprive a child of school
privileges, except as a punishment for breach of discipline or an offense
-against good morals. 56 Iowa, 476.

(a) A careful investigation of the charges against the scholar should be
made before he is dismissed. Section 1756, and notes.

(e) The board may exclude children coming from houses where there are
-contagious diseases; and may also enforce a rule that children not vaccina-
ted shal] be excluded.

Szc. 1736. It is very important that the secretary should file the certifi-
cate with the county officers named, immediately after the regular meetings
of the board in March and September, otherwise funds belonging to the
district may be paid to persons not authorized to receive them. Whenever
a change is made the county officers should be notified. Form 11.

Src. 1737. These rules should be carefully prepared, adopted by the
board and recorded, and each subdirector should be furnished with a copy.
They may properly provide all restrictions, not in conflict with law, which
the board may see fit to adopt for the guidance of subdirectors. They may
direct that a subdirector may not teach his own school; that no contracts

‘shall be made by him which do not expire with the school year; and that he
may not engage a near relative as teacher unless he has obtained the previ-
ous consent of a majority of the board, nor employ any teacher to whom a
majority of the electors or patrons object in writing. Section 1753, and

“notes.
SCHOOL LAWS OF IOWA. 31

Szc. 1738. A majority of the board of directors shall be a quorum
to transact business, but a less number may adjourn from time to
time, and no tax shall be levied by the board after the third Monday
in May; nor shall the boundaries of subdistricts be changed except
by a vote of the majority of the board, nor shall the members of the
board, except its secretary and treasurer, receive pay out of any
school funds for services rendered under this chapter.

PRESIDENT.

Szction 1739. (Amended by Chap. 46, Laws of 1882.) The presi-
dent shall preside at all meetings.of the board of directors of inde-
pendent districts and of the district townships, shall draw all drafts
on the county treasury for money apportioned to his district, sign all
orders on the treasury, specifying in each order the fund on whieh it

 

SEc. 1738. (a) As to the proper course to pursue when the board is re-
duced below a quorum, see note (g) to section 1730.,

(b) In the absence of a direct provision of law, or of a by-law requiring
a majority vote of all the board, or one providing that the highest vote will
carry, or a rule imposing some other limitation upon the board, a majority
of the votes cast, a quorum being present, will cary a measure.

(c) Our supreme court have held that the provision of this section, that
no tax shall be levied by the board after the third Monday in May, is man-
datory, and that-a tax voted after that time is void. This decision renders
it essentia] that boards act promptly, and see that all taxes are voted within
the time required by the law. Section 1777.

(d) A change of subdistrict boundaries is illegal and void, unless made
by a majority of the whole board.

(e) Any compensation paid to any other member of the board than the
secretary and treasurer, for the performance of official duties, is in direct op-
position to the law, and an open violation of the oath of office. For loca-
ting sites, or receiving buildings on the completion of contracts, they clearly
cannot receive pay.

Src. 1739. (a) The president of the board must take the oath of office ac-
cording to article 11, section 5, of the Constitution of Iowa.

(b) The president has the right to vote on all questions coming before the
poard. If by such vote a tie is produced, the motion is lost. Sections 1721
and 1802, notes.

(c) The president may sign no order on the district treasury except by
authority of the board. Section 1733 and notes, and section 1741, notes (h)
and (i).

(d) The president may not act as secretary or treasurer of the board.

‘
89 SCHOOL LAWS OF IOWA.

is drawn and the use for which the money is appropriated, and shalk
sign all contracts made by the board, and shall be empowered to ad-
minister the oath of office to the secretary, treasurer, and members of
the board.

Szc. 1740. He shall appear in behalf of his district in all suits.
brought by or against the same, but when he is individually a party,
this duty shall be performed by the secretary; and in all cases where
suits may be instituted by or against any of the school officers to
enforce any of the provisions herein contained, counsel may be em-
ployed by the board of directors.

SECRETARY.

Srection 1741. The secretary shall record all the proceedings of
the board and district meetings in separate books kept for that pur-
pose; shall preserve copies of all reports made to the county super-
intendent; shall file all papers transmitted to him pertaining to the
business of the district; shall countersign all drafts and orders drawn
by the president, and shall keep a register of all orders drawn on the

 

(e) In the absence of the president, or when he refuses to discharge the
proper duties of his office, a temporary president may be appointed, who.
during the time he is acting as president, may sign orders and contracts, and
do all other acts proper to be done by the president, but is not authorized to.
act except when the board is in session.

(f) To be valid, an order must express upon its face the fund upon which
it is drawn, and the purpose for which it was issued.

(g) An order of the board cannot be considered as officially transmitted,.
unless signed by the president, as well as by the secretary.

(h) The failure of an officer to attach his official title to his signature,
will not affect the instrument so far as the district is concerned, provided
the writing was authorized, and made for the district, and this fact can be
shown. lIowa Reports, 7, 509; 11, 82.

Sec. 1740. (a) The expenses in suits provided for by this section should
be paid from the contingent fund.

(b) Appeals to the county superintendent or superintendent of public in-
struction, are not suits brought by or against the district, nor are they suits.
brought by or against any of the school officers, within the meaning of the
law, and no charge can be made against the district for attorney fees. 36
Iowa, 411.

SEc. 1741. (a) Itis essential that the record of the proceedings of the
board and district meetings should be properly kept. Every transaction
should be carefully noted, and the proceedings read and approved.
SCHOOL LAWS OF IOWA. Be

treasury, showing the number of the order, date, name of the person
in whose favor drawn, the fund on which it is drawn, for what pur-
pose and the amount; and shall, from time to time, furnish the
treasurer with a transcript of the same.

Szc. 1742. He shall give ten days’ previous notice of the district
township meeting by posting a written notice in five conspicuous
places therein, one of which shall be at or near the last place of meet-
ing, and shall furnish a copy of the same to the teacher of each school
in session, to be read in the presence of the pupils thereof, and such
notice shall, in all cases, state the hour of meeting.

Sxc. 1743. He shall keep an accurate account of all the expenses
incurred by the district, and shall present the same to the board of
directors, to be audited and paid as herein provided.

 

(b) The registry of orders is an important matter. Every order drawn
should be promptly reported to the district treasurer, as he has no other
means of determining the amount of outstanding orders, otherwise he can-
not comply with the law requiring him to make partial payments. Section
1718 and form 16.

(c) The secretary is the custodian of the order book. He fills out the
orders which the president afterward signs.

(d) The secretary may not act as president or treasurer.

(e) Since the secretary is the clerical officer of the board, and cares for
the records of the district, we think he should act as librarian, unless the
board select some other person.

(f) Public records are public property, and are open to inspection at
proper times by any citizen. No public officer may refuse examination of
the records; but he is their custodian, and being charged with their safe-
keeping, he must keep them in his possession.

(g) The failure of the secretary to record all the proceedings of the board
and of the district meetings in separate books, kept for that purpose, will
not render the proceedings void. 8 Iowa, 298.

(hk) The secretary, president, and treasurer must conform to the instruc-
tions of the board so far as those instructions are in accordance with law,
but they should not obey the board when directed to do an illegal act.

(i) If the board appropriate money to pay their members, other than the
secretary and treasurer, or for any other illegal purpose, the president and
secretary should refuse to sign the order, and, if drawn, the treasurer
should refuse to pay it.

Src. 1742. See sections 1718 and 1719, and notes. Form 17.

Sec. 1743. The secretary is also required to keep an account current with
the district treasurer, as provided by section 1782.
5
34 SCHOOL LAWS OF IOWA.

Sxc. 1744. He shall notify the county superintendent when each
school of the district begins, and its length of term.

Szc. 1745. (As amended by Chap. 12, Laws of 1876, and Chap. 23,
Laws of 1882.) Between the fifteenth and twentieth days of Septem-
ber in each year, the secretary of each school district shall file with
the county superintendent a report of the affairs of the district,
which shall contain the following items:

1. The number of persons, male and female, each in his district,
between the ages of five and twenty-one years;

2, The number.of schools, and the branches taught;

3. The number of pupils, and the average attendance of the same
in each school;

4. The number of teachers employed, and the average compensa-
tion paid per week, distinguishing males from females;

5. The length of school in days and the average cost of tuition
per week for each pupil;

6. The text-books used, and the number of volumes in the district
library, and the value of apparatus belonging to the district;

47, The number of school-houses, and their estimated value;

8, The name, age, and post-office address of each deaf and dumb,
and each blind person within his district between the ages of five and
twenty-one, including all who are deaf and dumb to such an extent as
to be unable to obtain an education in the common schools; the number
of trees set out and in thrifty condition on each school house grounds,

 

Sec. 1744. The name of the teacher should be given, and any other in-
formation which will aid the county superintendent in planning his work of
visitation, provided for in section 1774.

Sc. 1745. (a) The blanks for the annual report of the secretary are fur-
nished by the state, through county superintendents. The secretary should
record the report, required by this section, in the district records. If a copy
of the report is simply filed in his office, it is liable to be destroyed or mis-
laid, which may prove detrimental to the interests of the district. Form 18.

(b) In districts formed of parts of two or more counties, the secretary
should make the annual report to the county superintendent of the county
in which a majority of the children reside. This report should not embrace
those children who reside in portions of the district lying in other counties.
The remaining number of children should be reported by the secretary to
the superintendents of their respective counties.

(c) In independent districts, it is the duty of the secretary to take the
annual school enumeration required by the first clause of this section, unless
the board assign the duty to another person; in which case, proper compen-
sation should be given for the work required.
SCHOOL LAWS OF IOWA. 35

Src. 1746. Should the secretary fail to file his report, as above di-
rected, he shall forfeit the sum of twenty-five dollars and shall make
good all losses resulting from such failure, and suit shall be brought
in both cages by the district on his official bond.

TREASURER.

Sxecrion 1747. The treasurer shall hold all moneys belonging to
the district, and pay out the same on the order of the president, coun-
tersigned by the secretary, and shall keep a correct account of all ex-
penses and receipts in a book provided for that purpose.

 

Src. 1746. In case subdirectors fail to make their annual reports, as re-
quired by section 1755, the secretary should at once collect the statistics
necessary for a complete report. Boards should insist on promptnegs in
sending this report, and then should give the secretary a suitable compen-
sation for his labors. Section 1733.

Src. 1747. (a) The language of this section is very explicit. It makes
the treasurer the custodian of all moneys belonging to the district, which
effectually precludes the idea of dividing the money belonging to any par-
ticular fund among the subdistricts. He may pay it out only on the order
of the president, countersigned by the secretary, and the president may sign
no order unless he is authorized to do so by the board. Section 1733, and
notes to same, also section 1741, notes (A) and (i).

(b) In making payment, one order may not be given precedence before
another. 40 Iowa, 620.

(c) Neither the electors nor the board may authorize the treasurer to loan
money belonging to the district. Note (¢) to section 1717.

(da) If any state, county, township, school or municipal officer, or officer
of any state institution, or other public officer within the state, charged
with the collection, safe-keeping, transfer, or disbursement of public money,
fails or refuses to keep in any place of deposit that may be provided by law
for keeping such money, until the same is withdrawn therefrom upon war-
rants issued by the proper officer, or deposits such money in any other
place than in such safe, or unlawfully converts to his own use in any way
whatever, or use by way of investment in any kind of property, or loan with-
out the authority of law any portion of the public money entrusted to him
for collection, safe-keeping, transfer, or disbursement, or converts to his
own use any money that may come into his hands by virtue of his office,
shall be guilty of embezzlement to the amouut of so much of said money as
is thus taken, converted, invested, used, loaned, or unaccounted for, and
upon conviction thereof he shall be imprisoned in the penitentiary not ex-
ceeding five years, and fined in a sum equal to the amount of money embez-
zled, and, moreover, is forever after disqualified from holding any office
under the laws or constitution of this state. Section 3908, Code.
36 SCHOO] LAWS OF IOWA.

Szc. 1748. The money collected by district tax for the erection of
school-houses and for the payment of debts contracted for the same,
shall be called the school-house fund; that designed for rent, fuel,
repairs, and all other contingent expenses, necessary for keeping the
schools in operation, the contingent fund; and that received for the
payment of teachers, the teachers’ fund; and the district treasurer
shall keep with each fund a separate account, and skall pay no order
which does not specify the fund on which it is drawn, and the specific
use to which it is applied. If he have not sufficient funds in his
hands to pay in full the warrants drawn on the funds specified, he shall
make a partial payment thereon, paying as near as may be an equal
proportion of each warrant.

Sc. 1749. He shall receive all moneys apportioned to the district.
township by the county auditor, and also all money collected by the
county treasurer on the district school tax levied for his district.

 

SEc. 1748. (a) Minor improvements, such as the erection of ordinary out-
houses, fences, etc., may be paid for from either the contingent or school-
house fund. Ordinary repairs should be charged to the contingent fund;
but when such repairs assume the magnitude of a rebuilding, or of an ex-
tensive addition, they should be charged to the school-house fund.

(b) The cost of seating new school-houses should be paid from the school-
‘ house fund. The law does not authorize the use of the contingent fund for
the erection or completion of school-houses, but when a house needs reseat-
ing or other repairs, the cost may be defrayed either from the contingent.
fund, or from any unappropriated school house fund in the treasury. 25
Iowa, 436.

(c) Since the board receive no pay for their services, if they subscribe
for any journal containing the official rulings and decisions of this depart-
ment to aid them in their work, they have the right to pay for the same
from the contingent fund.

(d) Boards have no authority to transfer money from one fund to an-
other, even temporarily, unless they are authorized under section 1717, sub-
section 4, to transfer school-house fund to either of the other funds.

(e) The teachers’fund should not be divided among the subdistricts,
neither equally nor according to the number of children, nor upon any
other basis. This fund can be paid out only to teachers for services per-
formed, upon orders authorized by the board. ~

(f) The board should grant a compensation to be paid teachers accord-
ing to the circumstances and requirements of each subdistrict. Note (d) to
section 1733.
SCHOOL LAWS OF IOWA. 37

Suc. 1750. He shall register all orders on the district treasury re-
ported to him by the secretary, showing the number of the order,
date, name of the person in whose favor drawn, the fund on which it
is drawn, for what purpose, and the amount.

Szc. 1751. (As amended by Chap. 112, Laws of 1876.) He shall
render a statement of the finances of the district from time to time,
as may be required by the board of directors, and his books shall
always be open for inspection. He shall make to the board, on the
third Monday in September, a full and complete annual report, em-
bracing:

1. The amount of teachers’ fund held over, received, paid out, and
on hand.

2. The amount of contingent fund held over, received, paid out,
and on hand.

 

Src. 1750. The register provided for in this section is indispensable to
the treasurer, under the law requiring him to make partial payments on or-
ders, when he has not funds sufficient to pay them in full. Section 1748. It
is essential that he should know the exact amount of outstanding orders,
and for this reason the secretary is required to report to him all orders
drawn on the district treasury. Section 1741, note (b), and form 16.

Sec. 1751. (a) The blanks for the annual report of the treasurer are
furnished by the state, through county superintendents. The reports should
be made according to form 20.

(b) Treasurers should take pains to mail a copy of this report at once to
the county superintendent, as only by timely attention on the part of treas-
urers, can the county superintendent compile and forward his annual re-
port to the superintendent of public instruction, on the first Tuesday in
October. Sections 1772 and 1773.

(c) The treasurer is responsible for all moneys coming into his hands by
virtue of his office, even if stolen or destroyed by fire. The board have no
authority to release him, unless he accounts in full for all moneys received
by virtue of his office. Iowa Reports, 37, 550; 39, 9.

(d) When the incumbent of an office is re-elected, he shall qualify as
above directed; but when the re-elected officer has had public funds or prop-
erty in his control, under color of his office, his bond shall not be approved
until he has produced and fully accounted for such funds and property to
the proper person to whom he should account therefor; and the officer or
board approving the bond shall indorse upon the bond, before its approval,
the fact that tke said officer has fully accounted for and produced all funds
and property before that time under his control as such officer; and when it
is ascertained that the incumbent holds over another term by reason of the
non-election of a successor, or for the neglect or refusal of the successor to
88 SCHOOL LAWS OF IOWA.

3. The amount of school-house fund held over, received, paid out,
and on hand.

He shall immediately file a copy of said report with the county
superintendent, and for failure to file said report he shall forfeit the
sum of twenty-five dollars, to be recovered by suit brought by the dis-
trict, on his official bond.

SUBDIRECTOR.

Sxction 1752. Each subdirector shall, on or before the third Mon-
day in March following his election, appear before some officer qual-
ified to administer oaths, and take an oath to support the constitution
of the United States, and that of the state of Iowa, and that he will
faithfully discharge the duties of his office, and in case of failure
to qualify, his office shall be deemed vacant.

Src. 1753. The subdirector, under such rules and restrictions as
the board of directors may prescribe, shall negotiate and make in
his subdistrict all necessary contracts for providing fuel for schools,

 

qualify he shall qualify anew within a time to be fixed by the officer who
approves of the bonds of such officers. Section 690, Code.

(e} In making settlement, the board may submit a difference with the
treasurer, to arbitration. 70 Iowa, 65.

Src. 1752. (a) In case a subdirector elect fails to qualify by the third
Monday in March, the incumbent holds over another year, and should re-
new his oath of office. As soon as itis ascertained that he holds over, he
may be required to qualify within a time to be prescribed by the board.
Section 660, Code, also note (a) to section 1730.

(b) Any school director or director elect is authorized to administer to a
school director elect the official oath required by law, but the secretary can-
not administer this oath unless he is a member of the board, a magistrate,
or a notary public.

(c) If a person is elected as his own successor and fails to qualify by the
third Monday in March, a vacancy exists, which is filled by appointment.

(a) A director may take the oath of qualification at any time between
the day of election and the third Monday in March. 53 Iowa, 687.

Sxc. 1753. (a) The subdirector is clothed with certain general powers
by this section, but these are to be exercised under the direction of
the board. The board may restrict him, for.example, as to when he shall
employ teachers, for how long a time, at what compensation, and even whom
he shall not employ; the extent of repairs, and prices paid for same; and the
amount and cost of fuel. Iowa Reports, 35, 361; 40,369. Note to section
1737, and form 21.
SCHOOL LAWS OF IOWA. 39

employing teachers, repairing and furnishing school-houses, and for.
making all other provisions necessary for the convenience and pros-
perity of the schools within his subdistrict, and he shall have the
control and management of the school-house unless otherwise or-
dered by a vote of the district township meeting. All contracts
made in conformity with the provisions of this section shall be ap-

 

(b) When a teacher or other person is about to enter into a contract with
a subdirector, he knows that heis dealing with a public agent whose powers
are subject to regulation and restriction by the board; he is bound to know
what these rules and restrictions are, and should be governed accordingly.
35 Iowa, 361.

(c) The district township is bound by the contract of a subdirector, when
made according to instructions by the board. 35 Iowa, 361.

‘(d@) The board should fix the wages to be paid in each subdistrict at such
a figure as will enable each subdirector to secure a teacher qualified to
govern and instruct his school. .

(e) Each subdirector has exclusive control of the school-house in his sub-
district, unless the district township meeting has otherwise ordered.

(f) Special powers delegated to the subdirector by the law, as, for in-
stance, the control of the school-house in his own subdistrict, section 1753,
and the right to determine whether scholars may attend from or in an ad-
joining subdistrict, section 1795, cannot be assumed by the board.

(g) Itis proper to permit the use of school-houses for the purpose of pub-
lic worship on Sunday, or for religious services, public lectures on moral or
scientific subjects, or meetings on questions of public interest, on the even-
ings of the week, or at any time when such use will not interfere with the
regular process of the school. 35 Iowa, 194.

(k) The subdirector in district townships, or the board in independent
districts, should require from parties desiring to use the school-house, se-
curity for its proper use, and protection from other injury than natural wear.

(i) The use of a public school building for Sabbath-schools, religious
meetings, debating clubs, temperance meetings, and the like, is proper.
Especially is this so, where abundant provision is made for securing any
damages which the tax-payer may suffer by reason of the use for the pur-
poses named. The use of a school-house for such purposes, when so author-
ized, is not prohibited by section 3, article1, of the constitution. 50 Iowa, 11.

(j) If£ any person willfully write, make marks, or draw characters on the
walls or any other part of any church, college, academy, school-house, court-
house, or other public building; or willfully injure, or deface the same, or
any wall or fence inclosing the same, he shall be punished by fine not ex-
ceeding one hundred dollars, or by imprisonment in the county jail not
more than thirty days. Section 3986, Code.
40 SCHOOL LAWS OF IOWA.

_proved by the president and reported to the board of directors, and
said board, in their corporate capacity, shall be responsible for the
performance of the same on the part of the district township.

Src. 1754. He shall, between the first and tenth days of Septem-
ber of each year, prepare a list of the names of the heads of fami-
lies in his subdistrict, together with the number of children be-
tween the ages of five and twenty one years, distinguishing males
from females, and shall record the same in a book kept for that
purpose.

Sxc. 1755. He shall, between the tenth and fifteenth days of Sep-
tember of each year, report to the secretary of the district town-
ship, the number of persons in his subdistrict between the ages of
five and twenty-one years, distinguishing males from females.

Sc. 1756. He shall have power, with the concurrence of the
president of the board of directors, to dismiss any pupil from the
schools in his subdistrict for gross immorality, or for persistent vio-
lation of the regulations of the schools, and to re-admit them, if
he deems proper so to do; and shall visit the schools in his sub-
district at least twice during each term of said school.

 

(k) The president may be compelled by mandamus to give his approval
of a contract made in accordance with a vote of the board. 56 Iowa, 573.

(1) The board may pass a resolution that teachers shall receive their pay
monthly, upon the certificate of the subdirector, or of a committee of the
board, that the required time has been taught.

Sec. 1755. (a) The failure of subdirectors to make their reports, as re-
quired by this section, will reduce the semi-annual apportionments for the
year, since they are made upon the enumeration of persons of school age.

(bo) Children at a state institution, or a private school, should not be
euumerated, unless they actually reside in the district.

SEc. 1756. (a) The law does not provide that the board are compelled to
give scholar or parents notice or chance for defense, before ordering ysus-
pension or expulsion of the scholar. The board have large discretionary
powers. This is one of the matters which come wholly within their discre-
tion. Notes to section 1735, and School Law Decisions, 130.

(bo) A careful investigation of the charges against the scholar should be
made before he is dismissed.

(c) The action of the subdirector and president in dismissing a scholar
remains in force for the term only.

(ad) The teacher has control over scholars during school hours, within
reasonable limits, unless restricted by a rule of the board. He may require
a scholar to remain in his seat during recess, aS a punishment. However, it
is not wise to deprive children, to any great extent, of the exercise necessary
to their physical well-being.
SCHOOL LAWS OF 10WA. Al

TEACHERS.

Section 1757. (As amended by Chap. 60, Laws of 1888.) All
contracts with teachers shall be in writing, specifying the length of
time the school is to be taught, in weeks, the compensation per
week, or per month of four weeks, and such other matters as may
be agreed upon; and shall be signed by the subdirector or secretary
and teacher, and be approved by and filed with the president be-

 

Src. 1757. (a) All contracts made by the subdirector, under section 1753,
must be approved by the president and reported to the board.

(b) The teacher’s certificate should be shown before signing contract.

(c) All matters agreed upon should be incorporated into the written con-
tract. The tendency of our courts is to presume that the written contract
embraces the entire agrement of the parties. 52 Iowa, 130.

(d) Without special mention in the teacher’s contract, it is understood
that only the common branches are expected to be taught.

(e) The board, for what seem to them good reasons, may order a short
vacation. But they cannot shorten the term included in the contract, with-
out the consent of both parties.

(f) It is lawful for a board to give teachers holidays and not deduct pay
pay, and quite usual. The teacher, however, may not claim it as a right.

(g) tis the duty of the subdirector to file the teacher’s contract at once
with the president of the board, and secure his approval. A cdpy must also
be filed with the secretary. Section 1757.

(h) Ifa subdirector is employed to teach the school in ‘his own subdistrict
he should contract with the board, or with a committee appointed for that
purpose by the board.

(t) The approval of the teacher’s contract by the president is a manda-
tory act. which he cannot refuse to perform, unless the contract is drawn at
variance with instructions from the board, or otherwise violates law.

(j) The board may authorize the president and secretary to draw orders
to pay teachers’ salaries at the end of each school month, upon proper evi-
dence that the service has been performed. Note (l) to section 1753.

(k) If a teacher is at the school-house at the proper “time, and remains
during school hours, he ‘is entitled to pay therefor, according to his contract,
whether scholars are present or not.

(1) If the school-house is destroyed, or the school is closed indefinitely by
causes beyond the control of either party to the contract, the teacher being
ready to comply with his part, can collect pay according to contract. If
said teacher uses proper diligence to secure employment at something which
he can do, and secures such employment, the district will pay him the dif-
ference between the amount received in his new work and the amount of

6
49 SCHOOL LAWS OF IOWA

fore the teacher enters upon the discharge of his duties, and a copy
of all such contracts shall also be filed with the secretary of the
board by the subdirector, before the teacher enters upon the dis-
charge of his duties.

Szc. 1758. No person shall be employed to teach a common school
which is to receive its distributive share of the school fund unless
he shall have a certificate of qualification signed by the county
superintendent of the county in which the school is situated, or by
some other officer duly authorized by law; and any teacher who
commences teaching without such certificate shall forfeit all claim to
compensation for the time during which he teaches without such
certificate.

Sc. 1759. The teacher shall keep a correct daily register of the
school, which shall exhibit the number or other designation thereof,
township and county in which the school is kept; the day of the

 

his wages under contract. In other words, his actual loss should be made
good. Opinion of Attorney-General.

(m) Section 2976, Code, provides that a municipal or political corporation
shall not be garnished. However, the corporation may waive exemption
from this process. 25 Iowa, 315.

SrEc. 1758. (a) The only legal certificates, besides those given by county
superintendents, are the perpetual state certificates, issued by the educa-
tional board of examiners, prior to September, 1873, when said board was
abolished, and state certificates and diplomas given, as provided by chapter
167, laws of 1882.

(6) The teacher must have a certificate during the whole term of school.
He is not authorized to teach a single day beyond the period named in his
certificate.

(c) In case of the temporary absence of a teacher, from sickness or other
cause, the place should be supplied with some person duly authorized to
teach, selected by the subdirector. The supply should be paid by the
teacher whose place is filled.

(d) In case a parson is employed or continued as a teacher in violation of
law without a certificate, a resident of the district may sue out a writ of
injunction restraining the person from teaching and the district from pay-
ing. Such a writ cannot be served at the instance of the county superin-
tendent. 17 Iowa, 228. Boards employing and paying such teachers are
liable to prosecution under the provisions of the general statutes for misap-
plication of funds. Sections 3965, 3966 and 3967, Code.

SEc. 1759. (a) The teacher may be held responsible for the efficient dis-
charge of every duty properly attaching to his office, including the exercise
of due diligence in the oversight and preservation of school buildings,
SCHOOL LAWS OF IOWA. 43

week, the month and year; the name, age, and attendance of each
pupil, and the branches taught. When scholars reside in different
districts a register shall be kept for each district.

Src. 1760. The teacher shall, immediately after the close of his
school, file in the office of the secretary of the board of directors, a
certified copy of the register aforesaid.

GENERAL PROVISIONS.

Section 1761. A school month shall consist of four weeks of five
school days each.

Szc. 1762. During the time of holding a teachers’ institute in
any county, any school that may be in session in such county shall
be closed; and all teachers, and persons desiring a teacher’s certif-
icate, shall attend such institute, or present to the county superin-
tendent satisfactory reasons for not so attending, before receiving
such certificate.

 

grounds, furniture, apparatus, and other school property, as well as the more
prominent work of instruction and government.

(b) Making fires and sweeping the school-room are not, properly, a part
of the teacher’s duties. In rural districts teachers frequently perform this
labor as a matter of convenience and economy. Those unwilling to perform
this work, or who expect to receive pay for it, should so stipulate with the
subdirector when entering into the contract to teach. Note (c) to section
1757. §S. L. Decisions, 106.

(c) Parties doing damage to school property are responsible for the same.

. The teacher is bound to exercise reasonable care to protect and preserve
school property, and failing to do so may be held liable for damages.

Src. 1760. The secretary of the district should refuse to give an order for
the last month of the teacher’s wages until the register is filed in his office
as required by this section. Without this register he cannot make the re-
port required by section 1745. Form 24.

Se». 1761. (a) There are no holidays during which teachers are exempt
from teaching, unless excused by the board. A legal contract requires
twenty days of actual service for a month.

(b) There is no provision of law giving teachers time to visit other
schools. Boards may, however, grant holidavs for that purpose.

(c) Custom fixes the maximum length of the school day at six hours.
The board may shorten this time somewhat, it thought best.

Sec. 1762. It may be questioned whether the provisions of this section
apply to the present normal institutes, held under section 1769.
44 SCHOOL LAWS OF IOWA.

Szc. 1763. The electors of any school district at any legally
called school meeting, may, by a vote of a majority of the electors
present, direct the German or other language to be taught as a branch
in one or more of the schools of said district, to the scholars attend-
-ing the same whose parents or guardians may so desire; and there-
upon such board of directors shall provide that the same be done;
provided that all other branches taught in said school or schools
shall be taught in the English language; provided further that the
person employed in teaching the said branches shall satisfy the
county superintendent of his ability and qualifications, and receive
from him a certificate to that effect.

Sxc. 1764. The Bible shall not be excluded from any school or in-
stitution in this state, nor shall any pupil be required to read it con-
trary to the wishes of his parent or guardian.

 

Src. 1763. A teacher who instructs in any of the languages referred to in
addition to other work as teacher, must have the certificate required by this
section, additional to the one demanded by the first part of section 1766;
but a teacher who teaches only one or more of the languages referred to
above, or any other special branch may be required to have a certificate for
such branch, as provided by the last part of section 1766, and need not have
the other certificate, unless desired. ,

Sec. 1764. (a) Our common schools are maintained at public expense,
and the law contemplates that they shall be equally free to persons of every
faith. A very suitable devotional exercise consists in reading a portion of
Scripture without comment, and the repetition of the Lord’s Prayer.

(6) While moral instruction should be given in every school, neither this
section nor the spirit of our constitution and laws, will permit a teacher or
board to enforce a regulation in regard to religious exercises, which will
wound the conscience of any, and no scholar can be required to conform to
any particular mode of worship. 64 Iowa, 367. ‘

(c) The diversion of the school fund in any form or to any extent for the
support of sectarian or private schools is inadmissible and clearly in viola-
tion of our laws.

(d) Public money shall not be appropriated, given, or loaned by the cor-
porate authorities, supervisors, or trustees of any county, township, city or
town, or municipal organization of this state, to, or in favor of, any insti-
tution, school, association, or object, which is under ecclesiastical or secta-
rian management or control. Section 552, Code.
SCHOOL LAWS OF IOWA, 45

COUNTY SUPERINTENDENT.

Section 1765. The county superintendent shall not hold any office
in, or be a member of the board of directors of a district township
or independent district, or of the board of supervisors during the
time of his incumbency.

Szc. 1766. (As amended by Chap.-143, Laws of 1878.) On the
last Saturday of each month, the county superintendent shall meet
all persons desirous of passing an examination, and for the transac-
tion of other business within his jurisdiction, in some suitable room
provided for that purpose by the board of supervisors at the county seat,
at which time he shall examine all such applicants for examination as
to their competency and ability to teach orthography, reading, writing,
arithmetic, geography, English grammar, physiology and history of
the United States; and in making such examination, he may, at his
option, call to his aid one or more assistants. Teachers exclusively
teaching music, drawing, penmanship, book-keeping, German or
other language, shall not be required to be examined except in refer-
ence to such special branch, and in such cases it shall not be lawful
to employ them to teach any branch except such as they shall be ex-
amined upon and which shall be stated in the certificate.

 

Src. 1766. (a) This is a most important and difficult labor. Written
examinations afford a good test of scholarship, and furnish the basis of a
permanent record. The examination should be thorough, to determine the
attainments of the applicant in the branches he is expected to teach.

(b) Applications made at other times should be rejected, unless good rea-
sons are given for not attending the regular examinations. The interests
of the schools do not require frequent or individual examinations, and the
time of the superintendent can be more profitably employed in the perform-
ance of other duties. 49 Iowa, 245.

(c) We think the ability to teach the different branches may be best de-
termined by actual observation of the teacher’s work in his school. A
searching and skillfully conducted oral examination in methods will test
the applicant’s ability to instruct.

(@) If it is desired that branches additional to those included in every
teacher’s certificate shall be taught, such fact should be mentioned as a part
of the contract, and the teacher is required to have the certificate for such
additional branch or branches, before beginning to teach. Section 1763.

(e) It is the intention of the law that the study of physiology and hy-
giene with special reference to the effects of alcoholic drinks, stimulants
and narcotics, shall have equal rank and be considered of the same impor-
ance as other branches of study.
46 SCHOOL LAWS OF IOWA.

Sxc. 1767. If the examination is satisfactory, and the superintend-
ent is satisfied that the respective applicants possess a good mora]
character, and the essential qualifications for governing and instruct-
ing children and youth, he shall give them a certificate to that effect,
for a term not exceeding one year.

Sc. 1768. Any school officer or other person shall be permitted
to be present at the examination; and the superintendent shall make
a record of tha name, residence, age, and date of examination of all
persons so examined, distinguishing between those to whom he issued
certificates and those rejected.

 

Src. 1767. (a) County superintendents should remember that they are
to inquire, not only into the literary qualifications of the applicant, but
they must also certify that they are satisfied that the applicant possesses a
good moral character, and the essential qualifications for governing and in-
structing children and youth. Form 25.

(b) Scholarship, good moral character, ability to govern, aptness to
teach,—our law requires all these qualifications in those to whom are in-
trusted the highest interests of the state, the education of its youth.

(c) Applicants may be required to present such evidences of good moral
character as the county superintendent shall demand. The superintendent
should be fully satistied in every particular mentioned in the law, before
issuing the certificate.

(d) The county superintendent is sole judge of the manner and extent of
the examination. 52 Iowa, 111.

(e) After ascertaining the general attainments of teachers, inspection of
their school work should determine largely the grade of certificate.

(f) The law fixes only the maximum time for which a certificate may be
given. The minimum is left to the discretion of the county superintendent,
but it is desirable in the case of advanced teachers, to make the time as
near one year as possible.

(g) For many years, county superintendents have been limited as to the
minimum age of those receiving certificates. The restriction has given
almost universal satisfaction. It is believed that in general, boys under
nineteen, and girls under seventeen years of age, may not be expected to
possess that maturity of mind and strength of character needed to manage
a school successfully, and to determine wisely the many important ques-
tions daily demanding an answer from the teacher.

Sec. 1768. (a) The record required by this section, should be carefully
made, as the items form a part of the county superintendent’s annual re-
port to the superintendent of public instruction.

(b) The renewal or indorsement of certificates is not provided for by law.

(c) By the next section, the county superintendent is made responsible to
the institute fund for one dollar from every applicant.
SCHORL LAWS OF IOWA. 47

Sec. 1769. (As amended by Chap. 57, Laws of 1874, and Chap. 54,
Laws of 1878.) The county superintendent shall hold, annually, a
normal institute for the instruction of teachers and those who may
desire to teach, and with the concurrence of the superintendent of
public instruction, procure such assistance as may be necessary to
conduct the same, at such time as the schools in the county are gen-
erally closed. To defray the expenses of said institute, he shall re-
quire the payment of a registration fee of one dollar from each per-
son attending the normal institute, and shall also require the payment,
in all cases, of one dollar from every applicant for a certificate. He
shall, monthly, and at the close of each institute, transmit to the
county treasurer, all moneys so received, including the state appro-
priation for institutes, to be designated the institute fund; together
with a report of the name of each person so contributing, and the

 

SEc. 1769. (a) The normal institute must be held at a time when the
public schools are generally closed.

(b) County superintendents will determine the time and place, and sug-
gest names of conductor and instructors for approval, making application
to the superintendent of public instruction according to form 28, at least
thirty days before the institute isto commence. This application and the
appointment are necessary to secure the state appropriation.

(c) The length of time during which the normal institute shall remain in
session is left to the discretion of the county superintendent. This will de-
pend largely upon the amount of the institute fund. It cannot remain in
session less than one week of six days. Section 1584.

(d) Young and inexperienced teachers will not expect to receive certifi-
cates, unless of the lowest grade, without regularly attending the normal
institute. By means of the large fund and the length of time this institute
may remain in session, it can, if the proper means are employed, be ren-
dered invaluable to teachers. The benefits which they will receive should
secure their voluntary and general attendance.

(e) A conductor of successful experience in institute work, able to give
plain, practical instruction in methods of school organization, government
and teaching, should be secured early. The other instructors should be
superior teachers of recent experience, and, where practicable, one or more
lady teachers should be employed.

(f) Poor conductors and instructors have sometimes been engaged, and
the teachers of some counties have reason to complain. County superin-
tendents should have sufficient evidence of the abilities of their instructors,
before employing them. In all cases where strangers are employed, refer-
ences should be required, and inquiries made at the state department will
frequently secure the proper knowledge.
48 SCHOOL LAWS OF IOWA.

amount. The board of supervisors may appropriate such additional
gum as may by them be deemed necessary for the further support of
such institute. All disbursements of the institute fund shall be
upon the order of the county superintendent; and no order shall be
drawn except for bills presented to the county superintendent, and
approved by him, for services rendered or expenses incurred in con-
nection with the normal institute.

Szc. 1770. If, for any cause, the county superintendent is unable
to attend to his official duties he shall appoint a deputy to perform
them ‘in his stead, except visiting schools and trying appeals.

Szc. 1771. The superintendent may revoke the certificate of any
teacher in the county which was given by the superintendent thereof,
for any reason which would have justified the withholding thereof
when the same was given, after an investigation of the facts in the
case, of which investigation the teacher shall have personal notice,
and he shall be permitted to be present and make his defense.

 

(g) The superintendent should be director, assuming the general over-
sight and direction of the institute, but should not act as conductor. He is
entitled to his per diem for any service in connection with the institute, as
for other official duties, but receives no part of the institute fund.

(hk) These normal institutes are short training schools, their object is to
reach and correct the greatest defects found in the schools. The superin-
tendent in visiting schools should seek to discover the most prominent de-
fects and wants in the methods of instruction. The normal institute will
afford effective means of reaching and correcting these faults. The great
object is to instruct teachers how to teach children.

(i) The reports and payments to the county treasurer, required by this
section, should be made on the first day of each month. Forms 26, 27, 29
and 30.

(j) It is the duty of the board of supervisors, at the close of his term of
office, to settle with the county superintendent, as with other county officers,
according to the provisions of the law.

Sec. 1771. (a) Though an appeal will lie in such cases, the discretion of
a county superintendent in refusing or revoking a teacher’s certificate will
not be interfered with by the superintendent of public instruction, unless
it is clearly shown that in such act the county superintendent violated law
or abused his discretion. §S. L. Decisions, 29.

(b) The notice should contain an explicit statement of the charges
against which the teacher is expected to make his defense. Form 32,
SCHOOL LAWS OF [OWA. 49

Src. 1772. On the first Tuesday of October of each year he shall
make a report to the superintendent of public instruction, containing
a full abstract of the reports made to him by the respective district
secretaries, and such other matters as he shall be directed to report
by said superintendent, and as he himself may deem essential in ex-
hibiting the true condition of the schools under his charge; and he
shall, at the same time, file with the county auditor a statement of
the number of persons between the ages of five and twenty-one years
in each school district in his county.

Szc. 1773. Should he fail to make either of the reports required
in the last section he shall forfeit to the school fund of his county
the sum of fifty dollars, and shall, besides, be liable for all damages
caused by such neglect.

Src. 1774. (As amended by Chap. 161, Laws of 1882.) He shall
at all times conform to the instructions of the superintendent of pub-
lic instruction, as to matters within the jurisdiction of the said

 

Src. 1772. (a) The blanks for the annual report of the county superin-
tendent are furnished by the superintendent of public instruction.

(b) The superintendent may test the accuracy of the treasurers’ reports
by consulting the books of the county treasurer. The amount of the sev-
eral funds reported as received from the district tax, also the amount re-
ceived from the semi-annual apportionment, must agree with the county
treasurer’s receipts for the same.

(c) All errors should be corrected. The amounts reported on hand in the
last report from the district treasurer should always be reported as the
amounts on hand at last report the following year. °

(d) The abstract of the enumeration of children in each district should
be made with special care, and should be complete and accurate, otherwise
the county will not obtain its just proportion of the income of the perma-
nent school fund.

(e) Should the district secretaries or treasurers fail to make their reports
in time, the superintendent should take prompt measures to secure them,
going after them if necessary.

(f) When district townships are divided, or independent districts organ-
ized, the superintendent should immediately file with the county auditor a
statement, based upon the last report of the secretaries, showing the num-
ber of persons of school age in each of the districts, the boundaries of
which have been thus changed.

Src. 1774. (a) The county attorney is the legal adviser of the different
county officers. Section 3, chapter 73, laws of 1886. He should be freely
consulted on questions of law upon which the superintendent is in doubt.

7
50 SCHOOL LAWS OF 10WA.

superintendent. He shall serve as the organ of communication be-
tween the superintendent and township or district authorities. He
shall transmit to the townships, districts, or teachers, all blanks,
circulars, and other communications which are to them directed. He
may, at his discretion, visit the different schools in his county, and
shall, at the request of a majority of the directors of a district,
visit the school in said district at least once during each term.

Sc. 1775. He shall report on the first Tuesday of October of
each year to the superintendent of the Iowa college for the blind, the
name, age, residence, and post office address of every person blind to
such an extent as to be unable to acquire an education in the com-
mon schools and who resides in the county in which he is superin-
tendent, and also to the superintendent of the Iowa institution for
the deaf and dumb, the name, age, and post-office address of every
deaf and dumb person between the ages of five and twenty-one who
resides within his county, including all such persons as may be deaf
to such an extent as to be unable to acquire an edacation in the com-
mon schools.

 

(b) The superintendent in his visits should seek to aid, instruct, and in-
spire teachers to the employment of the best methods of teaching, govern-
ing, and conducting their schools, should try to secure the proper classifica-
tion of scholars, the arrangement of courses of study, and the care and pro-
tection of school property. He should study to awaken among parents and
children a deeper interest in the public schools, so as to secure improved at-
tendance, deportment and scholarship, and more frequent visits of parents
and school officers. A judicious visit from the superintendent may often
serve to infuse new life into the school.

(c) The county superintendent should carefully observe the condition of
the school-house and surroundings, note all defects, and notify the subdi-
rector or board of the same.

SEc. 1775. (a) The blanks for these reports are furnished by the super-
intendents of the respective institutions.

| (0) It shall be the duty of the county superintendent to report to the su-
perintendent of the institution for feeble-minded children, on the first day
of October of each year, the name, age, and post-office address of every per-
son in his county between the ages of five and twenty-one, who, by reason
of feeble mental and physical condition is deprived of a reasonable degree
of 7benefit from the common schools. He shall also state in said report
whether or not such person has ever attended school, and how long, if at
all, and he shall also give the post-office address of the parent, guardian, or
nearest friend of such person. Section 6, chapter 40, laws of 1882.
’ SCHOOL LAWS OF [OWA. 5l

Szc. 1776. (As amended by Chap. 161, Laws of 1882.) The county
superintendent shall receive from the county treasurer the sum of
four dollars per day for every day necessarily engaged in the per-
formance of official duties, and also the necessary stationery and
postage for the use of his office, and he shall be entitled to such ad-
ditional compensation as the board of supervisors may allow; pro-
vided, that he shall first file a sworn statement of the time he has
been employed in his official duties, with the county auditor.

TAXES.

Section 1777. The board of directors shall, at their regular meet-
ing in March of each year, or at a special meeting convened for that
purpose, between the time designated for such regular meeting and
the third Monday in May; estimate the amount required for the con-
tingent fund, and also such sum as may be required for the teachers’
fund, in addition to the amount received from the semi-annual appor-
tionment, as shown by the notice from the county auditor, to support
the schools of the district for the time required by law for the cur-
rent year; and shall cause the secretary to certify the same, together
with the amount voted for school-house purposes, within five days
thereafter to the board of supervisors, who shall at the time of levy-
ing taxes for county purposes, subject to the provisions of section

 

Src. 1776. (a) The board of supervisors shall furnish the county super-
intendent with an office at the county seat, together with fuel, lights, blanks,
books, and stationery necessary and proper to enable him promptly and
properly to discharge the duties of his office; but in no case shall such offi-
cer be permitted to occupy an office also occupied by a practicing attorney.
Section 3844, Code.

(b) The board of supervisors may not limit the county superintendent as
to the number of days he shall give to his work, in order to comply with his
oath of office. Having filed his sworn statement in the form prescribed by
the board, he is entitled to his per diem for time actually employed. Their
remedy, if they suspect he has filed a false statement, is to proceed against
him for maladministration in office, as provided for in section 746, Code.

Src. 1777. (a) This section requires boards to certify the specific sums
necessary to te raised for teachers’ and contingent fund to the board of su-
pervisors, whose duty it is to estimate and levy the per centum necessary
to raise the amounts so certified. Forms 33 and 34.

(b) Our supreme court have held in Standard Coal Co. v. Ind. Dist. of
Angus, that a tax voted after the third Monday in May is void. The decis-
ion will be found in 73 Iowa, not printed at this date, June 1, 1888. This
52 SCHOOL LAWS OF 10WA.

seventeen hundred and eighty of this chapter, levy the per centum
necessary to raise the sum thus certified upon the property of the dis-
trict township, which shall be collected and paid over as are other
district taxes.

Ssc. 1778. They shall apportion any tax voted by the district.
township meeting for school-house fund, among the several subdis-
tricts in such a manner as justice and equity may require, taking as
the basis of such apportionment the respective amounts previously
levied upon said subdiatricts for the use of such fund; provided, that
if the electors of one or more subdistricts at their last annual meet-
ing shall have voted to raise a sum for school-house purposes greater
than that granted by the electors at the last annual meeting of the
district township, they shall estimate the amount of such excess on

 

renders it essential that boards act promptly, and certify taxes within the
required time.

(c) School-house funds must be voted by the electors. Only exception,
section 1823.

(a) It is wholly within the discretion of the board of directors to de-
termine the amounts required for the contingent and teachers’ funds. 41
Iowa, 153. Any vote of the electors touching these amounts is only sug-
gestive, and is not at all binding.

(e) Section 1780 limits the amount which may be levied in a district town-
ship for any one year, to fifteen dollars per scholar for teachers’ fund and
five dollars per scholar for contingent fund, but authorizes the levy of
seventy five dollars for contingent, and two hundred and seventy dollars for
teachers’ fund for each subdistrict, even if the levy thereby exceeds five and
fifteen dollars per scholar, for these funds.

(f) If the amount of school-house tax voted and certified by the board of
directors in any year exceeds the limit which the board of supervisors are
allowed to levy, under the provisions of section 1780, it is the duty of the
board of directors to certify the amount of the deficiency from year to year
until the whole amount is levied.

(g) The teachers’ and contingent funds are not to be apportioned among
the subdistricts, but levied uniformly on the taxable property of the dis-
trict township.

(hk) Chapter 67, laws of 1874, authorizes districts formed from territory
lying in adjoining counties, to vote and certify to the respective boards of
supervisors the number of mills on the dollar required to raise the necessary
school taxes.

Sic. 1778. (a) All school-house taxes must be voted either by the dis-
trict or by the subdistrict electors. Sections 1717 and 1807. When voted
they must in all cases be certified to the board of supervisors. S L. Decisions,
SCHOOL LAWS OF IOWA. 58

such subdistrict or subdistricts, and cause the secretary to certify the
same within five days thereafter to the board of supervisors, who
shall, at the time of levying taxes for county purposes, levy the per
centum of such excess on the taxable property of the subdistrict ask-
ing the same, provided that not more than fifteen mills on the dollar
shall be levied on the taxable property of any subdistrict for any one
year tor school-house purposes.

BOARD OF SUPERVISORS,

Srecrion 1779. The board of supervisors of each county shall, at
the time of levying the taxes for county purposes, levy a tax for the
support of schools within the county, of not less than one mill, nor
more than three mills on the dollar, on the assessed value of all the
real and personai property within the county, which shall be collected
by the county treasurer at the time and in the same manner as state
and county taxes are collected, except that it shall be receivable only
in cash.

 

129, All taxes voted by the district township meeting must be apportioned
among the subdistricts of the township. The basis of this apportionment
is the aggregate number of mills previously levied upon the subdistricts of
the township for school-house purposes. The apportionment should be
made so as gradually to equalize these rates, in order that the school-house
tax may, ultimately, be uniform throughout the district.

(0) The township electors may vote a tax for the erection of a school-
house in any subdistrict, without previous action of the subdistrict electors.
If the subdistrict electors vote to raise a sum for school-house purposes, it
is the duty of the subdirector to certify the same to the district township
meeting. If this duty is neglected, the board of directors are not authorized
to certify the tax voted. Form 35.

(c) Whatever portion of the sum properly certified the district meeting
neglects or refuses to grant must be certified and levied direct!y upon the
subdistrict making the request, in addition to the equitable portion of the
whole amount voted by the district township meeting. If the meeting re-
fuses to vote any amount, the whole must be certified and levied upon the
subdistrict. 69 Iowa, 533.

(d) The tendency of the action of the subdistrict electors in voting
school-house taxes is to produce unequal rates of taxation for school-house
purposes, and otherwise greatly to complicate the raising of school-house
funds; hence, unless the necessities of the case absolutely require, such
action should not be encouraged. All necessary school-house taxes should,
as a rule, be voted by the district township meeting. Note (c) to form 3.
54 SCHOOL LAWS OF 1OWA.

Sc. 1780. They shall also levy at the same time the district
school tax certified to them from time to time by the respective dis-
trict secretaries; provided that the amount levied for school-house.
fund shall not exceed ten mills on the dollar, on the property of any
district, and the amount levied for contingent fund shall not exceed
five dollars per pupil, and the amount raised for teachers’ fund, in-
cluding the amount received from the semi-annual apportionment,
shall not exceed fifteen dollars per pupil for each pupil residing in the
district, as shown by the last report of the county superintendent.
And if the amount certified to the board of supervisors exceeds this.
limit, they shall levy only to the amount limited; provided that they
may levy seventy-five dollars for contingent fund, and two hundred
and seventy dollars, including the amount received from the semi-
annual apportionment, for the teachers’ fund for each subdistrict.

COUNTY AUDITOR.

Section 1781. The county auditor shall, on the first Monday in
April and the fourth Monday in September of each year, apportion
the county school tax, together with the interest of the permanent
school fund to which his county is entitled, and all other money in
the hands of the county treasurer belonging in common to the
schools of his county, and not included in any previous apportion-
ment among the several subdistricts therein, in proportion to the
number of persons between five and twenty one years of age, as
shown by the report of the county superintendent, filed with him for
the year immediately preceding.

 

Sec 1780. (a) The first proviso does not apply where a larger tax is re-
quired to meet the interest on valid outstanding bonds. 69 Iowa, 612.

(0) The second proviso in this section was added for the relief of sparsely
settled townships, in which five dollars per scholar for contingent fund and
fifteen dollars per scholar for teachers’ fund, is not adequate to- maintain
schools for the time required by law. In such districts these limits may be
exceeded, providing that not more than $75 contingent fund, and $270, in-
cluding the semi-annual apportionment, for teachers’ fund, is levied for
each subdistrict in the township.

SEc. 1781. (a) For the basis of the apportionment to new districts, see
note (f) to section 1772.

(b) The word subdistricts in the seventh line of this section, evidently
means the present district.
SCHOOL LAWS OF IOWA. 65

Szc. 1782. He shall immediately notify the president of each
school district of the sum to which his district is entitled by said
apportionment, and shall issue his warrant for the same to accom-
pany said notice, which warrant shall be also signed by the president
and countersigned by the secretary of the district in whose favor the
same is drawn; and shall authorize the district treasurer to draw the
amount due said district from the county treasurer; and the secretary
shall charge the treasurer of the district with all warrants drawn in
his favor, and credit him with all warrants drawn on the funds in his
hands, keeping separate accounts with each fund.

Src 1783. He shall forward to the superintendent of public in-
struction, a certificate of the election or appointment and qualifica-
tion of the county superintendent; and shall, also, on the second
Monday in February and August of each year, make out and trans-
mit to the auditor of state, in accordance with such form as said
auditor may prescribe, a report of the interest of the school fund
then in the hands of the county treasurer, and not included in any
previous apportionment, and also the amount of said interest remain-
ing unpaid.

COUNTY TREASURER.

Szcrion 1784. The county treasurer shall, on the first Monday in
April of each year, pay over to the treasurer of the district, the amount
of all school district tax which shall have been collected, and shali
render him a statement of the amount uncollected, and shall pay over
the amount in his hands quarterly, thereafter. He shall also keep
the amount of tax levied for school-house purposes, separate in each
subdistrict, where such levy has been made directly upon the property
of the subdistrict making the application, and shall pay over the
same, quarterly, to the township treasurer for the benefit of such sub-
district. He shall, in all counties wherein independent districts are

 

Sec. 1783. It is important that the certificate referred to, should be
promptly forwarded to the superintendent of public instruction; otherwise,
the interests of the county may suffer by the transaction of business with
persons not duly authorized to act. The certificate should in all cases cer-
tify to the qualification, as well as the election or appointment of the county
superintendent; for, although he may be properly elected or appointed, yet
he cannot be recognized until it is known that he has taken the necessary
oath of office, and filed the required bond. Whenever any change is made
by resignation or otherwise, a certificate of the appointment and qualifica-
tion of a successor should be immediately forwarded. Forms 37 and 38.
56 SCHOOL LAWS OF IOWA.

organized, keep a separate account with said independent districts,
in which the receipts shall be daily entered, which books shall at all
times be open to the inspection and examination of the district board
of directors, and shall pay over to the said independent districts the
amount of school taxes in his possession on the order of the board,
on the first day of each and every month.

Src. 1785. On the first day of each quarter, the county treasurer
shall give notice to the president of the school board of each town-
ship, in his county, of the amount collected for each fund; and the
president of each board shall draw his warrant, countersigned by the
secretary, upon the county treasurer, for such amount, who shall pay
the amount of such taxes to the treasurers of the several school
boards, only on such warrants.

MISCELLANEOUS.

Szcrion 1786. (As amended by Chap. 73, Laws of 1886.) All
fines and penalties collected from a school district officer by virtue of
any of the provisions of this chapter, shall inure to the benefit of
that particular district. Those collected from any member of the
board of directors, shall belong to the district township, and those
collected from county officers, to the county. In the two former
cases, suit shall be brought in the name of the district township; in
the latter, in the name of the county and by the county attorney.
The amount in each case shall be added to the fund next to be ap-
plied by the recipient, for the use of common schools.

Src. 1787. When a judgment has been obtained against a school
district, the board of directors shall pay off and satisfy the same
from the proper fund, by an order on the treasurer; and the district

 

Src. 1785. (a) The three funds, school-house, teachers’, and contingent,
must be kept separate by the county treasurer, as directed in this section,
to enable school officers to comply with the law in the discharge of their
official duties. Sections 1739, 1741, 1745, 1748, 1750, and 1782.

(6) The division of funds made by the county treasurer should be respect-
ed by the board, unless the electors direct school-house funds unappropri-
ated transferred to other funds. This is the only transfer provided for
by law.

Sec. 1786. The sureties on an official bond cannot be held after the lapse
of three years. Section 2529, Code.

Suc. 1787, An order drawn under this section is not entitled to payment
to the exclusion of other orders on the school-house fund. 40 Iowa, 620.
SCHOOL LAWS OF IOWA. 57

meeting, at the time for voting a tax for the payment of other liabil-
ities of the district, shall provide for the payment of such order or
orders.

Szc. 1788. In case a school district has borrowed money of the
school fund, the board of supervisors shall levy such tax, not exceed-
ing five mills on the dollar in any one year, on the taxable property
of the district as constituted at the time of making such loan, as may
be necessary to pay the annual interest on said loan, and the princi-
pal, when the same falls due, unless the board of supervisors shall
see proper to extend the time of said loan.

Szc. 1789. (As amended by Chap. 51, Laws of 1888.) No district
township or subdistrict meeting shall organize earlier than nine
o’clock a. M., nor adjourn before twelve o’clock m.; and in all inde-
pendent districts having a population of three hundred and upward,
the polls shall remain open from twelve o’clock m to seven o’clock P. M.

Src. 1790. Any school director, or director elect, is authorized to
administer to any school director elect, the official oath required by

 

Src. 1789. (a) The okject of this section is to prevent a few designing
persons from meeting at an unusual hour, dispatching the business with un-
seemly haste, and adjourning before many of the electors arrive. The meet-
ing should be conducted with entire fairness, and an opportunity given for
an expression of the real sentiment of the district.

(b) In district townships, subdistricts, and in independent districts con-
taining less than three hundred inhabitants, the meeting may be organized
at any time after 9 o’clock A. M., and before6 o’clock P. M., and may continue
as much more than three hours as the circumstances may require.

(c) The law contemplates at least three hours for the election in any case.
Iowa Reports, 37, 131; 39, 381.

(d) Chapter 169, laws of 1888, legalizes all meetings held in compliance
with the former law, through failure to receive notice of the amendment.

(e) Independent districts of 15,000 and upwards are not governed by this
section. Chapter 8, laws of 1880.

Src. 1790. (a) When an election is contested, the person elected shall
have twenty days in which to qualify, after the date of the decision. Sec-
tion 687, Code.

(b) The secretary, unless he is a member of the board, a notary public, or
other civil officer qualified to administer oaths, cannot administer the oath
to subdirectors. A subdirector, whether holding over or elected, can admin-
ister the oath of qualification. ‘
58 SCHOOL LAWS OF IOWA.

law, and said official oath may be taken, on or before the third Mon-
day in March following the election of directors.

Sxc. 1791. When any school officer is superseded by election or
otherwise, he shall immediately deliver to his successor in office, all
books, papers, and moneys pertaining to his office, taking a receipt
therefor; and every such officer who shall refuse to do so, or who
shall willfully mutilate or destroy any such books or papers, or any
part thereof, or shall misapply any moneys entrusted to him by virtue
of his office, shall be liable to the provisions of the general statutes
for the punishment of such offense.

Src. 1792. Nothing in this chapter shall be so construed as to give
the board of directors of a district township jurisdiction over any
territory included within the limits of any independent district.

ATTENDANCE.

Suction 1793. (As amended by Chap. 64, Laws of 1876, and Chap.
41, Laws of 1878.) Children residing in one district may attend
school in another in the same ot adjoining county or township, on
such terms as may be agreed upon by the respective boards of direct-
ors; but in case no such agreement is made, they may attend school
in any such adjoining district, with the consent of the county super-
intendent of the county where said pupils reside and the board of
directors of said adjoining district, when they reside nearer the
school in said district, and one and a half miles or more, by the near-
est traveled highway, from any school in their own. The board of

 

(c) The decision of a tie vote, as mnde by chapter 7, laws of 1880, may
make it impossible for the person chosen to qualify on the third Monday in
March. In such case, the board should fix a reasonable time within which
the person must qualify. The provisions of section 687, Code, may perhaps
apply. See note (a) above.

Sec 1791. The language of this section includes copies of the school
laws, school journals, reports, and all other publications which may be re-
ceived by virtue of being a school officer. Sections 3908, 3917, 3918, and
8929, Code.

SEc. 1793. (a) If scholars reside more than one and one-half miles from
a school in their own district and nearer to a school in an adjoining district,
which they desire to attend, application should first be made to both boards
of directors; if the boards refuse to enter into an agreement, they may at-
tend school in Such adjoining district with the consent of the board of the
district where they desire to attend and of the county superintendent of the
county in which the children reside.
SCHOUL LAWS OF IOWA. : 59

directors of the township in which such children reside, shall be noti-
fied in writing, and the district in which they reside shall pay to the
district in which they attend school, the average tuition of said chil-
dren per week, and an average proportion of the contingent expenses
of said district where they attend school; and in case of refusal so to
do, the secretary shall file the account for said tuition and contingent
expenses, certified to by the president of his board, with the county
auditor of the county in which said children reside, and the said
county auditor shall, at the time of making the next semi annual ap-
portionment thereafter, deduct the amount so certified from the sum
apportioned to the district in which said children reside and cause it
to be paid over to the district in which they have attended school.

 

(b) The notice referred to cannot be said to be officially transmitted un-
less signed by both the president and secretary. Payment for attendance
can be collected from the district where the children reside, only from the
date of such notice. Form 40

(c) This notice holds only for the term, or such time as the county super-
intendent and board name in their written concurrent agreement.

(d) Depositing a letter in a post-office without further proof that such
letter reached the party addressed, is not a legal notice as required by sec-
tion 1793 to secure payment of tuition on the part of an adjoining district.

(e) The average proportion of tuition and contingent expenses for any
number of scholars is found by dividing the amount expendéd for these pur-
poses in the subdistrict where they have attended, by the total attendance
in days, and multiplying the quotient by the number of days said scholars
have attended.

(f) When scholars attend a graded school, the average tuition should be
computed on the basis of the expense of each pupil in the grade or room in
which such scholars are placed; the average expense of contingent fund
may be computed as a part of the whole contingent expense of such school.

(g) If scholars reside nearer to a school in their own district, or within
one and one-half miles of one, they can attend school in an adjoining district
at the expense of their own district, only by an agreement of both boards.

(hk) In no case may scholars attend school in a district in which they do
not reside, without the consent of the board thereof. The distance should,
in all cases, be computed by the nearest public road.

(i) This section applies also to all independent districts, whether in the
same or in adjoining civil townships.

(j) Any other action than compliance with the absolute and explicit
terms of the law, will render the collection of tuition impossible. S. L. De-
cisions, 107.
60 SCHOOL LAWS OF IOWA.

Szc. 1794. Pupils who are actual residents of a district shall be
permitted to attend school in the same, regardless of the time when
they acquired such residence, whether before or after the enumera-
tion, or of the residence of their parents or guardians; but pupils
who are sojourning temporarily in one district, while their actual
residence is in another, and to whom the last preceding section is
not applicable, may attend school upon such terms as tho board of
directors may deem just and equitable.

Src. 1795. Pupils may attend school in any subdistrict of the
district township in which they reside, with the consent of the sub-
director of such subdistrict, and of the subdirector of the subdis-
trict in which such pupils reside.

BOUNDARIES.

Sxc. 1796. The board of directors shall, at their regular meeting
in September, or at any special meeting called thereafter for that

 

Sec. 1794. (a) The residence of the scholar, and not of the parent, de-
termines his right to attend school. The parent may reside in one district,
and the child in another. If the parent sends him into another district to
remain for a limited period, he may attend school only on such terms as are
prescribed by the board. 8. L. Decisions, 113.

(b) If parties aver that their residence is in the district, the board may
not refuse to admit them free of tuition, or refusing, the board may be com-
pelled by mandamus to permit attendance and equal advantages with others.

(c) When there is a question of doubt whether parties are entitled by
their residence to school privileges, since the fact of residence depends upon
the intention of the parties themselves, their affidavits are the best guide to
determine the matter.

Sec. 1795. (a) In order that scholars may attend in another subdistrict
in their own district township, it is necessary to have the consent of both
subdirectors. Since this matter is placed in the hands of the subdirectors,
the board have no control, and the only remedy is such a redistricting,
under section 1796, as will better accommodate all parties.

(b) Special powers delegated to the subdirector by the law, as, for in-
stance, the control of the school-house in his own subdistrict, and the right
to determine whether scholars may attend from or in a neighboring subdis-
trict cannot be assumed by the board. Sections 1753 and 1795.

Sec. 1796. (a) While this section provides that boards may change sub-
district boundaries at the regular meeting in September, or at a special
meeting called for that purpose, it must be understood that such change
cannot be made so late as to prevent the notices for election from being
given at least five days previous to the election, as required by section 1718.
SCHOOL LAWS OF IOWA. 61

purpose, divide their township into subdistricts, such as justice,
equity, and the interests of the people require; and may make such
alterations of the boundaries of subdistricts heretofore formed, as
may be deemed necessary; and shall designate such subdistricte, and
all subsequent alterations, in a distinct and legible manner, upon a
plat of the district provided for that purpose; and shall cause a writ-
ten description of the same to be recorded in the district records, a
copy of which shall be delivered by the secretary to the county treas-
urer, and also to the county auditor, who shall record the same in his
office; provided that the boundaries of subdistricts shall conform to
the lines of congressional divisions of land; and that the formation
and alteration of subdistricts as contemplated in this section shall
not take effect until the next subdistrict election thereafter, at which
election a subdirector shall be elected for the new subdistrict.

Src. 1797. In cases where, by reason of streams or other natural
obstacles, any portion of the inhabitants of any school district can-
not, in the opinion of the county superintendent, with reasonable
facility, enjoy the advantages of any school in their township, the
said county superintendent, with the consent of the board of di-
rectors of such district as may be affected thereby, may attach such
part of said township to an adjoining township, and the order there-
for shall be tranamitted to the secretary of each district, and be by

(bo) It requires a vote of a majority of all the members of the board to
make any change in the boundaries of subdistricts. Section 1738.

(c) It is especially important that the county auditor and treasurer be
officially notified by the district secretary, whenever any changes are made
in district boundaries, by the formation of independent districts or other-
wise, to enable these officers to perform their duties in the levy of taxes, and
the apportionment and disbursement of school funds.

(d) By congressional divisions of land is meant those divisions author-
ized by congress in government surveys, of which the smallest is, in general,
one-sixteenth of a section, or a tract of forty acresin a square form. Goy-
ernment lines. however, sometimes meander along streams and other bodies
of water, and divisions of land are thus formed of less than forty acres.
School Law Decisions, 111.

Sec. 1797. (a) This section contains the only provision of law under
which a subdistrict can be formed from parts of two or more civil town-
ships. The law should be strictly complied with, or the proceedings will be
invalid. Subdistricts cannot be formed from portions of two counties.

(b) Streams well bridged, and distance, are not natural obstacles in the
contemplation of the law.
62 SCHOOL LAWS OF IOWA.

him recorded in his records, and the proper entry made on his plat
of the district.

Sec. 1798. (As amended by Chap. 160, Laws of 1882.) In all
cases where territory has been, or may be, set into an adjoining
county or township, or attached to any independent school district in
any adjoining county or township, for school purposes, such territory
may be restored by the concurrence of the respective boards of di-
rectors; but on the written application of two thirds of the electors
residing upon the territory wherein such township or independent dis-
trict in which the school-house is not situated, the said boards shall
restore the territory to the district to which it geographically belongs;
provided however that no such restoration shall be made unless there
are fifteen or more pupils between the ages of five and twenty-one
years, actually residing upon said territory sought to be restored, and
not until there has been a suitable school-house erected and com-
pleted, within the limits of said territory, suitable for school pur-
poses.

Szc. 1799. The boundary lines of a civil township shall not be
changed by the board of supervisors of any county, so as to divide
any school district by changing the boundary lines thereof, except
when a majority of the voters of such district shall petition therefor;
provided however that this shall not prevent the change of the boun-
dary lines of any civil township, when such change is made by adopt-
ing the lines of congressional townships.

 

(c) Such subdistricts can be formed only by concurrent action of the
board of the district from which the territory is taken and the county
superintendent. As the county superintendent has original concurrent
jurisdiction, no appeal can be taken from the board’s refusal to give consent.

SEc. 1798. When the boundaries of districts are changed, the territory
transferred carries with it a just proportion of all assets and liabilities of
the district from which it is taken. 53 Iowa, 77.

Src. 1799. (a) District township boundaries must conform to the
boundaries of civil townships under the provisions of section 17138. The
boundaries of independent districts are not affected by the change of civil
township boundaries.

(0) The words school district in this section mean also subdistrict. Sec-
tion 379, Code.
SCHOOL LAWS OF IOWA. 63

FORMATION OF INDEPENDENT DISTRICTS.

Srction 1800. (As amended by Chap. 139, Laws of 1880.) Any
city, town or village containing not less than two hundred inhabitants
within its limits, may be constituted a separate school district; and
territory contiguous to such city, town or village, may be included
with it as a part of said separate district, in the manner hereinafter
provided. The village herein mentioned shall be understood to be a
collection of inhabitants residing within the limits of a town plat,
and not organized into a city or incorporated town.

Szc. 1801. At the written request of any ten legal voters residing
in such city or town, the bcard of directors of the district township
shall establish the boundaries of the contemplated school district, in-
cluding such contiguous territory as may best subserve the conven-
ience of the people for school purposer, and shall give at least ten
days’ previous notice of the time and place of meeting of the electors

 

Src. 1800. (a) Thetwo hundred inhabitants must be contained within
the limits of the town or village. 70 Iowa, 434. Additional territory should
be given by the board in forming the new independent district. Usually,
territory equivalent to about four government sections, will constitute a
proper district.

(b) An independent district cannot be formed from a city, town or vil-
lage situated within an independent district, because no district township
board can establish the boundaries, as provided by sections 1801 and 1805.

Src. 1801. (a) The contemplated independent district must include all
of the city, town or village, and may include as much contiguous territory
as the board think proper. It is not limited by subdistrict lines, but may, if
necessary, include a part or all of two or more subdistricts. When the
boundaries extend beyond the limits of a town or city; they must conform
to lines of congressional divisions of land. Note (a) to section 1800.

(b) ‘Che board of the district township in which a majority of the voters
of the contemplated independent district reside, may establish the bounda-
ries of said district without the concurrence of any other board, even when
said territory is taken from two or more civil townships in the same or ad-
joining counties. Section 1805.

(c) The notices of the election to determine the question of a separate
organization should state clearly the boundaries of the proposed district.

(d) The president and secretary of the district township should act as
chairman and secretary of this meeting, and as judges of election; in their
absence a chairman and secretary should be chosen by the electors.

(e) All of the electors residing within the proposed limits must be per-
mitted to vote on the question of separate organization. 17 Lowa, 85.

x
64 SCHOOL LAWS OF IOWA.

residing in said district, by posting written notiees in at least five
conspicuous places therein; at which meeting the said electors shall
vote by ballot, for or against, a separate organization.

Szc. 1802. (As amended by Chap. 27, Laws of 1874, and Chap.
143, Laws of 1880.) Should a majority of votes be cast in favor of
such separate organization, the board of directors of the district town-
ship, shall give similar notice of a meeting of the electors for the
election of six directors. Two of these directors shall hold their
office until the first annual meeting after their election, and until their
successors are elected and qualified; two until the second, and two
until the third annual meeting thereafter; their respective terms of
office to be determined by lot. The six directors shall constitute a
board of directors for the district, and they shall, at their first regular
meeting in each year, elect a president from their own number; and
at their meeting on the third Monday of September in each year, a
secretary and treasurer to be chosen outside of the board; provided
that in all independent districts having a population of less than five
hundred, there shall be three directors elected, who shall organize by
electing a president from their own number, also 4 secretary, who
may or may not be a member of the board, and a treasurer, who shall

 

(f) At the meeting to determine the question of separate organi zation
the polls must remain open from 9 o’clock A.M. until 40’clock P.M. 34
Iowa, 306.

Sec. 1802. (a) The first board will enter upon the discharge of official
duties as soon as qualified, and organize by electing a president, a secretary,
and a treasurer; the term of office of the president will expire on the third
Monday in March following his election; of the secretary and treasurer on
the third Monday in September after their election.

(b) The secretary should immediately file with the county superintendent,
auditor and treasurer, each, a certificate, showing the officers of the board,
and their post-office address, and should notify them of all subsequent
changes made in the officers of the board. Section 1736.

(c) In all independent districts, the president is chosen by the board,
from their own number, on the third Monday in March. He has the right
to vote on all questions coming before the board. Note (b) to section 1739.

(d) The secretary and treasurer are elected on the third Monday in Sep-
tember. In districts containing over five hundred inhabitants, they must
be chosen outside of the board. In districts containing less, the secretary
may or may not be chosen from the board, but the treasurer must be chosen
outside the board. Chosen from the board, of course the secretary has a vote.

(e) The secretary and the treasurer have ten days in which to qualify. Sec-
tion 1721.
SCHOOL LAWS OF IOWA. 65

not be a member of the board; and provided further that in all in-
dependent districts already organized, the terms of office of such di-
rectors a8 may have been chosen previous to the taking effect of this
section for two or three years, shall not be interfered with by its
passage.

Src. 1803. Said meeting for the first election of directors shall or-
ganize by appointing a president and secretary, who shall act as
judges of the election, and issue a certificate of election to the persons
elected.

Szc. 1804. The organization of such independent district shall be
completed, on or before the first day of August of the year in which
said organization is attempted, and when such organization is thus
completed, all taxes levied by the board of directors of the district
township of which the independent district formed a part, in that
year, shall be void so far as the property within the limits of the in-
dependent district is concerned; and the board of directors of such
independent district shall levy all necessary taxes for school purposes,
as provided by law, for that year, at a meeting called for that pur-
pose, at any time before the third Monday of August of that year,
which shall be certified to the board of supervisors, on or before the
first Monday of September, and said board of supervisors shall levy
said tax at the time, and in the manner, that school taxes are requireed
to be levied in other districts.

 

(f) The last official census will, as a general rule, be sufficiently accurate
to determine questions relating to the population; but in case of doubt, the
actual existing facts govern; which may beascertained by any reliable means.

(g) In case the board fail to elect an officer on the day fixed by law, or at
an adjourned meeting the day of which was fixed at adjournment, the in-
cumbent holds over, and should qualify anew. Section 690, Code.

(kh) If the treasurer continues in office by reason of failure to elect a suc-
cessor, his bond should be renewed and he should produce and account for
the funds in his hands, and the statement of such settlement should be in-
dorsed on his new bond. Note (d) to section 1751.

(i) Al proceedings connected with the organization of the district should
be recorded by the secretaries in the records of the districts, so that the facts
concerning its formation and organization may be readily obtained, in case
the validity of the proceedings should ever be questioned.

Sec. 1804. (a) This section is construed to mean that the organization
contemplated must be made between January first and the first of August.

(b) When anew independent district is organized, as provided by this
section, the board have authority to determine and certify all necessary
taxes, for school purposes, for that year, including school-house taxes.

9
66 SCHOOL LAWS OF IOWA.

Suc. 1805. In case such district is formed of parts of two or more
civil townships in the same or adjoining counties, the duty of giving
the notice shall devolve upon the board of directors of the township
in which a majority of the legal voters of the contemplated district
reside.

Src. 1806. Said district may have as many schools, and be divided
into such wards and other subdivisions for school purposes, as the
board of directors may deem proper; and shall be governed by the
laws enacted for the regulation of district townships, so far.as the
same may be applicable.

INDEPENDENT DISTRICT ELECTION.

Section 1807. (As amended by Chap. 131, Laws of 1886.) It shall
be lawful for the electors of any independent district, at the annual
meeting of such district, to vote a tax, not exceeding ten mills on the
dollar, in any one year, on the taxable property of such district, as
the meeting may deem sufficient for the purchase of grounds and the
construction of the necessary school-houses for the use of such inde-
pendent district, and for the payment of any debts contracted for the
erection of such school-nouses, and for procuring a library and appa-
ratus for the use of the schools of such independent district. And
said electors may direct the sale or other disposition to be made of any
school-house or the site thereof, or any part of such site, and of such
other property, real and personal, as may belong to the independent
district, and direct the manner in which the proceeds arising there-
from shall be applied. '

 

Suc. 1805. An independent district composed of territory from two coun-
ties, belongs, for school purposes, to the county-wherein a majority of the
scholars reside. A certificate to teach should be issued by the superintend-
ent of the county to which it thus belongs, which certificate is valid for any
school in the district.

Sec. 1807. (a) The power to vote school-house taxes belongs exclusively
to the electors. The amount deemed necessary, and not a certain number
of mills, should be voted. The sums necessary for the teachers’ and contin-
gent funds are determined by the board of directors. 41 Iowa, 180.

(0) The electors frequently assume powers not granted to them by the
law. They have only such powers as are specifically named in the law.

(c) Independent districts of 15,000 and upwards are governed by chapter
8, laws of 1880.
SCHOOL LAWS OF IOWA. 67

Sxc. 1808. (As amended by Chap. 7, Laws of 1880.) The annual
meeting of all independent districts shall be held on the second Mon-
day in March, for the transaction of the business of the district, and
for the election by ballot of two directors, as the successors of the
two whose term expires, who shall continue in office for three years;
and the president, secretary, and one of the directors then in office,
‘shall act as judges of the election, and shall issue certificates of elec-
tion to the persons elected for the ensuing term; provided, that in
all independent districts, having a population of less than five hun-
dred, there shall be elected, annually, one director, who shall con-
tinue in office for three years. In cases of a tie vote in the election
of director, or directors, the secretary shal] notify them to appear at
the regular meeting of the board on the third Monday in March, to
determine their election by lot before one or more members of the
board elected, and the certificate of election shall be given accord-
ingly. Should either party fail to appear or take part in the lot, the
secretary shall draw for him.

CHANGES IN FORM OF DISTRICT.

Szcrion 1809. When an independent district has been formed ovt of
a civil township, or townships, as herein contemplated, the remainder
of such township, or of each of such townships, as the case may be,
shall constitute a district township as provided in section seventeen
hundred and thirteen of this chapter, and the boundaries between

 

Szc. 1808. (a) All vacancies which have occurred in the board, during
the year, should also be filled by election, and the ballot should designate the
vacancy to be filled; the persons so elected hold for the residue of the unex-
pired term; all persons appointed to fill vacancies in office hold until the
next regular election. Constitution of Iowa, article 11, section 6; also, sec-
tion 785, Code. :

(b) Members elect enter upon their duties at the time of the regular meet-
ing of the board, on the third Monday in March. For time and manner of
choosing officers of the board, see sections 1721, 1790, 1802, 1806, and notes.

(c) In independent districts, a director holding over and qualifying anew
is only entitled to hold the office until it can be filled at the next election.
54 Iowa, 487.

Szc. 1809 (a) The change of boundaries authorized by this section may
be made at any time of year.

(6) If the boundary between an independent district and district town-
ship is the line of the civil township, it cannot be changed; but if the inde-
68 SCHOOL LAWS OF IOWA.

such district township and independent district may be changed, or
the independent district abandoned, at any time, with the concurrence
of the reapective boards of directors.

Src. 1810. In case an independent district embraces a part or the
whole of a civil township which has no separate district township
organization, upon the written application of two-thirds of the elect-
ors residing upon the territory of such independent district, and
within such civil township, to the board of directors, they shall set
off such territory, whether provided with school-houses or not, to be
organized as a district township in the manner provided for such or.
ganization when a new civil township is formed.

Sec. 1811. (As amended by Chap. 63, Laws of 1888.) Independent
districts located contiguous to each other, may unite and form one
and the samo independent district, in the manner following: At the
written request of any ten legal voters residing in each of said inde-
pendent districts, or, should there not be ten legal voters in one of
such districts, then at the written request of the majority of such
voters, their respective boards of directors shall require their secre-
taries to give at least ten days’ notice of the time and place fora
meeting of the electors residing in such districts, by posting written
notices in at least five public places in each of said districts, at which

 

pendent district includes a portion of a civil township, the remainder of
which constitutes a district township, the boundaries may be changed.

(c) Chapter 62, laws of 1888, provides for change of boundaries between
adjoining independent districts in the same civil township.

(d) Where a changes of boundaries between districts is desired, and one of
the boards acts favorably to the change, a petition may be presented to the
other board to concur in that action, although they formerly may have re-
fused to grant a similar petition. From the action of the latter board upon
this petition, an appeal may be taken.

(e) No appeal can be taken from an action of the board taking the initia-
tory step, while it requires the concurrence of another board to complete
the action. The concurrence or non-concurrence of the second board is the:
order from which an appeal may be taken. S. L. Decisions, 24 and 58.

(f) When an appeal is taken from the proper board, the county superin-
tendent must affirm the action of one board or the other, but cannot himself
modify the action of the board acting first. i

(g) Territory transferred from one district to another carries with it an
equitable proportion of the assets and liabilities of the district from which
it is taken; the district accepting it becoming responsible for such liabilities.
SCHOOL LAWS OF IOWA. 69

meetings the said electors shall vote by ballot for or against a con-
solidated organization of said independent districts; and if a majority
of the votes cast at the election in each district, shall be in favor of
uniting said districts, then the secretaries shall give similar notice of:
a meeting of the electors as provided for, by the law, for the organi-

zation of independent districts. The independent district thus con-

solidated shall be completed, and its directors governed by the same

provisions of the law which apply to other independent districts.

Where from the courses of Iowa rivers, and the contour of the adjoin-

ing territory, theproper school facilities cannot be given to the school

children of each territory by forming school districts from the terri-

tory in any one county, independent school districts may be formed

from the contiguous territory in adjoining counties. Any independ-

ent school district heretofore formed under this section, where there

were less than ten legal voters residing therein at the time of the

consolidation, is hereby legalized and made valid provided that two-

thirds of the legal voters then residing in such independent district

petition for such consolidation.

Sec. 1812. Where, under the school laws of the state heretofore
in force, for the convenience and accommodation of the people,
school districts were formed of portions of two counties of territory
lying contiguous to each other, at the written request of five legal
voters residing in portions of said territory in each county, the board
of directors of the district township to which such territory belongs,
having a majority of the legal voters, shall fix the boundaries of an
independent school district composed of such sections of land, or por-
tions thereof, as may be described in the petition therefor, and shall
give at least ten days’ notice of the submission of the question of the
formation of said independent district, at a special election for said
purpose, specifying the boundaries of the district, the time and place
of meeting of the electors for such election, at which meeting the
electors in the contemplated district shall vote by ballot for or
against the separate organization. Should a majority of the votes be
cast in favor of such separate organization, the said board of
directors shall proceed by ballot to elect officers in the manner pro-
vided by law, and organize such independent district.

 

Src. 1812. The language of the last clause is construed to mean that the
board shall proceed to call an election in the independent district for the
election of directors, as provided by section 1802.
70 SCHOOL LAWS OF IOWA.

Src. 1813. The boards of directors of the several independent
school districts are hereby required to publish, two weeks before the
annual school election in such district, by publication in one or more
newspapers, if any are published in such district, or by posting up in
writing, in not less than three conspicuous places in such independent *
district, a detailed and specific statement of the receipts and dis-
bursements of all funds expended for school and building purposes,
for the year preceding such annual election. And the said boards of
directors shall also, at the same time, publish in detail, an estimate of
the several amounts which, in the judgment of such board, are neces-
sary to maintain the schools in such district, for the next succeeding
school year; and failure to comply with the provisions of this sec-
tion, shall make each director liable to a penalty of ten dollars.

Szc. 1814. Township districts may be consolidated and organized
as independent districts, in the following manner: Whenever the -
board of directors of any existing district township shall deem the
same advisable, and also whenever requested to do so by a petition
signed by one-third of the voters of the district township, the board
shall submit to the voters of said district township, at a regular elec-
tion, or one called for the purpose, the ‘question of consolidation, at
which election the voters of the district township shall vote for, or
against consolidation. If a majority of votes shall be in favor of
such consolidated organization, such district township shall organize
on the second Monday of March following, as an independent district;
provided that in townships which have been divided into independ.
ent districts, the duties in this section devolving on the board of di-

 

Src. 1813. (a) This statement should show the total receipts and ex-
penditures for each fund, followed by an estimate of the amount required
for each fund, to maintain the schools for the ensuing year. The detailed
and specific statement of the receipts and disbursements of all funds ex-
pended, should be sufficiently itemized to show the amount received from
each separate source, also the amount expended for each particular purpose.

(b) This statement is for the information of the electors, but they should
not vote upon the amount of taxes to be levied for contingent and teachers’
fund, since these matters are determined by the board. Section 1777.

Sec. 1814. (a) Any district township may organize into a single inde-
pendent district, embracing the whole township. The vote may be ordered
at any regular or special meeting of the board, and submitted to the electors
at any time of the year, but if carried in the affirmative, does not take
effect until the second Monday in March following, when the directors are
elected.
SCHOOL LAWS OF IOWA. 71

rectors, shall be performed by the trustees of the township, to whom
the petition shall in such cases be addressed; and provided further
that nothing in this section shall be construed to affect independent
districts composed wholly or mainly of cities or incorporated towns.
Independent districts may, in like manner, change their boundaries
so as to form any number of districts less than the number of dis-
tricts existing at the time such change is asked for, and such changes
shall be specified in the notices for a vote thereon.

Src. 1815. (As amended by Chap. 155, Laws of 1876.) The inde-
pendent districts of a civil township may be constituted a district
township in the manner hereinafter provided.

Sc. 1816. (As amended by Chap. 155, Laws of 1876.) At the
written request of one-third of the legal voters residing in any civil
township, which is divided into independent districts, the township
trustees shall call a meeting of the qualified electors of such civil

 

(6) By adopting the independent district system, there will be but six
directors in any case, and but three where the township contains less than
five hundred inhabitants. At the first election the whole number is elected,
and divided by lot into three classes; after which, one or two directors only
will be elected annually.

(c) When independent districts have been formed from the subdistricts
of a township, they may also, under the provisions of this section, unite
into one independent district. In this case the petition of one-third of the
electors in the township should be presented to the township trustees,
whose duty it is to call the meeting to vote on the question of consolidation.

(d@) The plan of making each civil township an independent district, gov-
erned by a board chosen from the township at large, is,in many respects,
the best system yet devised. It reduces the number of school officers, pro-
vides for gradual changes in the board, secures uniform taxation for the
support of schools throughout the township, encourages the establishment
of graded schools for advanced scholars, and tends to the selection of teach-
ers according to the qualifications and work required in each single case.

Sec. 1815. (a) The electors of any civil township which has adopted the
independent district organization, may vote upon the question of returning
to the district township organization, under sections 1815-1820, as amended.
This operates as a repeal of these sections as found in the Code of 1873.

(6) A single independent district, embracing the whole of the civil town-
ship, may be formed by section 1814; a system possessing many advantages
over any other, in simplicity of organization, permanency of officers, uni-
formity of taxation, and economy of management. Note (d) to section 1814.

Szc. 1816. (a) The petition provided for in this section may be pre-
sented to the trustees and the vote ordered at any time of the year.
719 SCHOOL LAWS OF IOWA.

township, at the usual place of holding the township election, by
giving at least ten days’ notice thereof, by posting three written
notices in each independent district in the township, and by publica-
tion in a newspaper, if one be published in such township, at which
meeting the said electors shall vote by ballot for or against a district
township organization.

Szc. 1817. (As amended by Chap. 155, Laws of 1876.) If a major-
ity of the votes cast at such election be in favor of such district town-
ship organization, each independent district shall become a subdis-
trict of the district township, and-shall organize as such subdistrict
on the first Monday in March following, by the election of a subdi-
rector.

Src. 1818. (As amended by Chap. 155, Laws of 1876.) Hach sub-
district so formed shall hold a meeting on the first Monday in March,
for the election of a subdirector; five days’ notice of which meeting
shall be given by the secretary of the old independent district, by
posting written notices in three public places in each district, which
notices shall state the hour and place of meeting.

Sc. 1819. (As amended by Chap. 155, Laws of 1876.) District
townships organized under the provisions of the preceding four sec-
tions, shall be governed and treated in all respects as other district
townships; provided that nothing in this act shall be construed to

 

(b) The meeting held to determine the question of district township or-
ganization, is a township meeting; if the vote is in the affirmative, each and
every independent district in the township, except those composed of cities
or towns, becomes a subdistrict of the district township.

(c) The township trustees may act as judges of this election; in their
absence the electors assembled may choose a chairman and one or two sec-
retaries to act as judges. The polls should be kept open from 9 A. m. to 4
P.M. Note (f) to section 1801.

Sec. 1817. The board of each independent district will continue to act
until the third Monday in March following the election, at which time a
full statement of all assets and liabilities of the district should be reported
to the board of the district township when organized.

Src. 1818. For powers and duties of this meeting, see sections 1718 and
1719 and notes.

Src. 1819. (a) Upon the organization of the district township, the sec-
retary should file with the county auditor and treasurer a certified plat of
the district, and report to the county superintendent, auditor and treasurer
the name and address of each officer of the board.
SCHOOL LAWS OF IOWA. 73

affect independent districts composed, wholly or mainly, of cities or
incorporated towns.

Sxc. 1820. (As amended by Chap. 155, Laws of 1876) When any
district township is organized under the provisions of the preceding
five sections, the subdirectors shall organize as a board of directors,
on the third Monday in March, and make an equitable settlement of
the then existing assets and liabilities of the several independent dis-
tricts.

BONDS.

Sxcrion 1821. (As amended by Chap. 121, Laws of 1876.) Inde-
pendent school districts shall have the power and authority to borrow
money, for the purpose of redeeming outstanding bonds, and erecting
and completing school houses, by issuing negotiable bonds of the in-
dependent district, to ran any period not exceeding ten years, draw-
ing a rate of interest not to exceed ten per centum per annum, which
interest may be paid semi-annually; which said indebtedness shall be
binding and obligatory on the independent district for the use of
which said loan shall be made; but no district shall permit a greater

 

(b) The district township meeting should be held on the second Monday
in March, for the purpose of voting the necessary school-house taxes, as
provided in section 1717.

SEc. 1820. (a) Between the time of the election provided for in section
1816, and the third Monday in March following, the boards of the several
independent districts have authority to perform all necessary acts relating
to the affairs of their districts, but they cannot incur any indebtedness, nor
make any contracts, except such as may be necessary to maintain the usual
schools of their districts.

(b) The district township receives all the assets and assumes all the lia-
bilities of the several independent districts. In case an independent district.
has issued bonds, or otherwise incurred an indebtedness, for the erection of
a school-house, the board of the district township have authority to appor-
tion school- house taxes for the payment of such indebtedness, from time to
time, as justice and equity may require.

Src. 1821. (a) Bonds voted under the provisions of this section may be
issued and sold as the necessities of the independent district require, but
cannot be made available for the purchase of school-house sites.

(b) Chapter 132, laws of 1878, and chapter 51, laws of 1880, provide for
the issue of bonds by the board to fund judgment indebtedness.

10
74 SCHOOL LAWS OF IOWA

outstanding indebtedness than an amount equal to five per centum of
the last assessed value of the property of the district.

Szc. 1822. (As amended by Chap. 59, Laws of 1880.) The di-
rectors of any independent district, may submit to the voters of their
district, at the annual or a special meeting, the question of issuing
bonds as contemplated by the preceding section, giving the same
notice of such meeting as is now required by law to be given for the
election of officers of such districts, and the amount proposed to be
raised by the sale of such bonds, which question shall be voted upon
by the electors, and if a majority of all the votes cast on that ques-
tion be in favor of such loan, then said board shall issue bonds to the
amount voted, in denominations of not less than twenty-five dollars,
nor exceeding one thousand dollars, due not more than ten years after
date, and payabie at the pleasure of the district at any time before
due, which said bonds shall be given in the name of the independent
district issuing them, and shall be signed by the president of the
board, and attested by the secretary, and delivered to the treasurer,
taking his receipt therefor, who shall negotiate said bonds at not less
than their par value, and countersign the same when negotiated. The
treasurer shall stand charged upon his official bond with all bonds
that may be delivered to him; but any bond or bonds not negotiated
may be returned by him to the board.

Sec. 1823. If the electors of an independent school district which
has issued bonds, shall, at the annual meeting in March for any year,
fail to vote sufficient school-house tax to raise a sum equal to the in-
terest on the outstanding bonds which will accrue during the then
coming year, and such portion of the principal as will liquidate and
pay off said bonds at maturity, then it shall be lawful for the board
of such district, to vote a sufficient rate on the taxable property of
the district, to pay such interest, and such proportionate portion of
the principal as will pay said bonds in full, by the time of their ma-
turity, and shall cause the same to be certified and collected, the same
as other school taxes.

 

(c) Chapter 182, laws of 1880, as amended, provides for the refunding of
bonded and judgment indebtedness, by a two-thirds vote of the board, with-
out a vote of the electors, but the interest upon bonds so issued is limited
to seven per cent, and the bonds must run at least five years.
SCHOOL LAWS OF IOWA. 15

Suc. 1824. All school orders shall draw lawful interest, after
having been presented to the treasurer of the district,‘and not paid for
want of funds, which fact shall be indorsed upon the order by the
treasurer.

SCHOOL HOUSE SITES.

Szcrion 1825. It shall be lawfal for any district township or in-
dependent district, to take and hold, under the provisions contained
in this chapter, so much real estate as may be necessary for the loca-
tion and construction of a school-house, and convenient use of the
‘school; provided that the real estate so taken, otherwise than by the
consent of the owner or owners, shall not exceed one acre.

Szc. 1826. The site so taken must be on some public highway, at
least forty rods from any residence, the owner whereof objects to its
being placed nearer, and not in any orchard, garden or public park.
But this section shall not apply to any incorporated town.

 

Src. 1824: The board may not authorize the payment of interest to ex-
ceed six per cent. If no rate is specified in the order it will draw six per
cent. Interest can be paid on an order only from the date of its presenta-
tion, whether the rate is specified in the order or not. 51 Iowa, 102.

Src. 1825. (a) A site of less than one acre may be enlarged to an acre.

(b) The acre contemplated in this section means exclusive of highway.

(c) Property encumbered, occupied as a homestead, or belonging to
minor heirs, may be taken under the provisions of this section.

(d) If the district cannot establish its claim to the school-house site,
owing to the loss of the deed, or for other reason, and the owner refuses to
grant the site, the district may avail itself of the provisions of this and the
following sections and secure a site not to exceed one acre.

Src. 1826. (a) All sites taken under these sections, must be located on a
public road, and at least forty rods from any residence, the owner whereof
objects to its being placed nearer, except in incorporated towns.

(0) When a site is sought to be condemned, the distance of forty rods
mentioned in this section, is measured from the nearest part of the resi-
dence to the nearest part of the site, in a straight line.

(c) Under the Iowa statute of limitations, ten years’ use of a highway
by the public, under a claim of right, will bar the owner of the soil. 19
Iowa, 123.

(ad) If the public, with the knowledge of the owner of land, has claimed
and continuously exercised the right of using the same for a public high-
way, for a period equal to that fixed by the statute for the limitation of real
actions, a complete right to the highway thereby becomes established
against the owner, unless it appears that such use was by favor, leave or
mistake. 22 Iowa, 457.
16 SCHOOL LAWS OF IOWA.

Szc. 1827. (As amended by Chap. 134, Laws of 1886.) If the
owner of any such real estate refuse or neglect to grant the site
on his premises, or if such owner cannot be found, the county
superintendent of the county in which said real estate may be
situated, shall, upon application of either party, appoint three dis.
interested persons of said county, unless a smaller number is
agreed upon by the parties, who shall, after taking an oath to faith-
fully and impartially discharge the duties imposed on them by this
chapter, inspect said real estate, and assess the damages which said
owner will sustain, by appropriation of his land for the use of said
house and school, said county superintendent giving to the owner of
such real estate, the same notice as isrequired for the commencement
of a suit at law, in the district court, of the time of such assessment
of damage, and make a report in writing, to the county superintend-
ent of said county, giving the amount of damages, description of
land, and exact location, who shall file and preserve the same in his
office. If said board shall, at any time before they enter upon said
land, for the purpose of building said house, deposit with the county
treasurer, for the use of said owner, the sum so assessed as aforesaid,
they shall be thereby authorized to build such house, and maintain
the right to said premises; provided that either party may have the
right to appeal from said assessment of damages, to the district court
of the county where such real estate is situated, within twenty days
after receiving notice that such assessment is made, which appeal
shall be fina}; but such appeal shall not delay the prosecution of work
upon said house, if said board shall pay, or deposit with the county

 

Sec. 1827. (a) If personal service cannot be made, as provided by sec-
tions 2601-2610, Code, the notice must be published, four consecutive weeks,
previous to the appraisement, in a newspaper. Sections 2618-2620, Code.
Forms 41, 42, 43, 44 and 45.

(b) The appraisers are entitled to two dollars for each day’s service, and
ten cents per mile from their residence to the location of the property ap-
praised. Sections 3811-3813, Code.

(c) When the owner of land taken under section 1827 is unknown, or can-
not be found, it is not necessary to print the report of appraisement, or to
attempt other notice to said owner, than the printed notice required by this
section. It is sufficient for the county superintendent to send a certified
copy to the board.

(d) If the board have deposited with the county treasurer the amount
assessed by the appraisers in accordance with this section, we think the
courts would hold that the district had come into possession of the site.
SCHOOL LAWS OF IOWA, TT

treasurer, the amount so assessed by such appraisers, and in no case
shall said board be liable for costs on appeal, unless the owner of
said real estate shall be adjudged a greater amount of damages than
was awarded by said appraisers. The board shall in all cases pay
costs of the first assessment.

Szc. 1828. The title acquired by said school districts in and to
said real property shall be for school purposes only, and in case the
same should cease to be used for said purpose, for the space of two
years, then the title shall revert to the owner of the fee, upon the re-
payment by him of the principal amount paid for said land, by said
districts, without interest, together with the value of any improve-
ments thereon erected by said districts; provided that during the
time said site is used for school purposes, the owners of the fee shall
not injure or remove the timber standing and growing thereon.

APPEALS.

Sgction 1829. Any person aggrieved by any decision or order of
the district board of directors, in matter of law or of fact, may, within
thirty days after the rendition of such decision, or the making of such

 

(e) The money deposited with the county treasurer should be held for the
benefit of the owner of the fee, and not for the mortgagee.

(f} Since the receipt of the treasurer for the money deposited with him
for the owner of the land, may be the only evidence of title, such a receipt
should have a full description of the property, containing the proviso of
note (b) of form 15, and should be recorded by the county recorder.

SEc. 1828. (a) No deed or other instrument from the owner is required to
authorize the district to occupy the land for school purposes. The proceed-
ings should be recorded in full by the district secretary.

(6) In case the land desired for a school site is under mortgage, the dis-
trict may receive from the owner the lease of a portion not to exceed one
acre, to be held by the district as long as used for school purposes, and when
no longer so used, to revert to the owner, as provided by this section.

Sec. 1829. (a) The right of appeal is limited to persons aggrieved or in-
juriously affected by the decision or order complained of.

(b) After the expiration of thirty days, the county superintendent can-
not entertain an appeal.

(c) All the decisions or orders of the board of directors are subject to
revision on appeal. When the act complained of is of a discretionary
character, the action of the board should be sustained, unless it is clearly
shown that the board violated law, abused its discretion, or acted with
manifest injustice. S. L. Decisions, 35.
'

78 SCHOOL LAWS OF IOWA.

order, appeal therefrom to the county superintendent of the proper
county. ;

Sxc. 1830. The basis of the proceeding shall be an affidavit, file
by the party aggrieved with the county superintendent, within the
time for taking the appeal.

Sxc. 1831. The affidavit shall set forth the errors complained of in
a plain and concise manner. :

Szc. 1832. The county superintendent shall, within five days after
the filing of such affidavit in his office, notify the secretary of the
proper district, in writing, of the taking of such appeal. And the
latter shall, within ten days after being thus notified, file in the office
of the county superintendent, a complete transcript of the record and

 

(a) To correct an illegal action of the board, certiorari, and not appeal,
is the remedy. 55 Iowa, 215.

(ec) No appeal can be taken from the action of the board taking the initia-
tory step, while it requires the concurrence of another board to complete
the action. The concurrence or non-concurrence of the second board is the
order from which an appeal may be taken. S. L. Decisions, 24 and 58, also
notes (d), (e) and (7) to section 1809.

Sec. 1830. An affidavit is a written declaration under oath, made with-
out notice to the adverse party. Section 3689, Code. It must be sworn to
before some officer authorized to administer oaths. A county superintend-
ent can have no jurisdiction of an appeal case until such affidavit has been
filed. A notice of intention to file an affidavit, a verbal complaint, or a
petition, is not sufficient to give the county superintendent jurisdiction in
appeal cases. Form 46.

Src. 1831. (a) The affidavit should contain, first, a statement of the
decision complained of and its date; second, a statement of facts showing
that the appellant has an interest in the decision, and is injuriously affected
by it; third, the assignment of errors. Form 46.

(b) This affidavit being the first paper filed, care should be taken that the
case is properly entitied, and this title should be preserved throughout the
further progress of the appeal. The date of filing should be indorsed upon
the affidavit by the superintendent.

Sc. 1832. (a) The notice should describe the decision or order appealed
from, so that it may be identified, and should require the district secretary
to file the transcript with the superintendent within the time specified.
The notice may be served personally or sent by mail. Form 47.

(b) The secretary shall make and forward a transcript or copy of the
record of all actions of the board relating to the decision or order appealed
from, also of all petitions, remonstrances, plats, and papers pertaining
thereto. The original papers must be preserved with the district records.
Form 48.
SCHORL LAWS OF IOWA. 19

proceedings relating to the decision complained of, which transcript
shall be certified to be correct by the secretary.

Sec. 1833. After the filing of the transcript aforesaid in his office,
he shall notify in writing all persons adversely interested of the time
and place where the matter of the appeal will be heard by him.

Szc. 1834. At the time thus fixed for hearing, he shall hear testi-
mony for either party, and for that purpose may administer oaths if
necessary, and he shall make such decision as may be just and equi-

 

(c) During the pendency of an appeal all matters must remain in statu
quo, and this can be enforced by writ of injunction. Note (c) to section
1718. Also, during such time no opinion relating to the case will be given
to interested parties by this department.

SEC. 1833. Notice of the time and place of hearing should be given to the
appellant, to the secretary of the board, and to all other persons known to
be interested. The notices may be served personally ur sent by mail.
Form 49. ;

Src. 1834. (a) While the superintendent is not a court, in the strict
sense of the term, he is required to administer oaths, to hear testimony on
both sides, to receive depositions, and to render a just and equitable decis-
ion. See preface to S. L. Decisions, 1883. And while mere technicalities
should not be permitted to prevent the attainment of justice, it is not inap-
propriate that the superintendent should be governed by many of the rules
as to evidence and practice which ordinarily obtain in courts.

(b) In case of disturbance or interruption during the trial of an appeal
before a county superintendent, since he is not invested with judicial
power, he has only the ordinary remedy of complaint to the proper authori-
ties, as provided for in section 4069, Code.

(c) The docket or minutes of the superintendent should commence by
noting the filing of the affidavit. He will afterward, as the acts transpire,
record the sending of the notice of appeal to the district secretary, the fil-
ing of the transcript, the sending of notices of the hearing, and any ad-
journment of the case that may be granted. At the trial he will carefully
note down the names of all parties appearing, and their post-office address,
and whether they appear for or against the appeal; also, the filing of all pa-
pers and names of witnesses, and in whose behalf such papers or witnesses
are introduced. The decision of the superintendent will form an appro-
priate close of his minutes. Forms 47, 48, 49 and 50.

(d) All testimony must be given under oath and the substance reduced to
writing, at the time, by the county superintendent. It is recommended
that a summary of what each witness testifies be made, read to the witness,
and signed by him. It is of the first importance that the record of the tes-
timony be full and accurate, as the decision of the county superintendent,
also of the superintendent of public instruction, in case the appeal is car-
80 SCHOOL LAWS OF IOWA.

table, which shall be final, unless appealed from as hereinafter pro-
vided.

Sec. 1835. An appeal may be taken from the decision of the county
superintendent to the superintendent of public instruction, in the
same manner as provided in this chapter for taking appeals from the
district board to the county superintendent, as nearly as applicable,
except that he shall give thirty days’ notice of the appeal to the county
superintendent, and the like notice shall be given the adverse party.
And the decision, when made, shall be final.

 

ried up, must be based upon the record of evidence introduced. This tes-
timony should be preserved with the other papers of the case.

Sec. 1835. (a) Appeals to the superintendent of public instruction are
conducted in the same manner and governed by the same rules, so far as ap-
plicable, as appeals to county superintendents. The basis of the appeal
must be an affidavit filed in the office of the superintendent of public in-
struction, within thirty days from the date of the decision appealed from.
For form and contents of the affidavit see notes to sections 1830-31. Upon
the filing of such an affidavit the superintendent of public instruction will
notify the county superintendent to forward a transcript of the papers in
the case within thirty days. The original papers must be preserved on file
in the county superintendent’s office. Upon the filing of the transcript,
thirty days’ notice of the time set for hearing will be given to all parties
interested. This time may be diminished on the written agreement of both
parties. Form 50.

(b) Atthe hearing, parties interested may appear personally or by attor-
ney, and argue their cases orally, if they desire, or they may send written
arguments. The records of the case in the county superintendent’s office
will furnish the data required for these arguments. The records of cases in
the offices of county superintendents, which are public records, and should
be open as such, to examination, by all parties interested, will furnish all
needed data, where access to the transcript sent up is inconvenient. The
superintendent of public instruction will not hear original testimony in the
cases submitted to him.

(c) Any person aggrieved by an action of the county superintendent in
refusing to grant a certificate or in revoking the same, may apply to him
for a rehearing; the proceedings to correspond as nearly as possible to the
proceedings in the case of an appeal from a board of directors. If any party
is aggrieved by the result of this investigation, an appeal may be taken
therefrom to the superintendent of public instruction.

(d) A party,in whose favor an appeal is decided, has the remedy of a
writ of mandamus from a court of law to enforce the decision of appeal.
69 Iowa, 533.
SCHOOL LAWS OF IOWA. 81

Sxc. 1836. Nothing in this‘chapter shall be so construed as to au-
thorize either the county or state superintendent to render a judgment
for money, neither shall they be allowed any othet compensation than
is now allowed by law. All necessary postage‘must first be paid by
the party aggrieved.

 

SEc. 1836. Payment for postage in advance will be required with the
affidavit. It is impossible to tell what amount ofpostage will be needed in
each case, and one dollar will be required, to cover all needed postage.

11
89 SCHOOL LAWS OF IOWA.

SESSION LAWS.

CHAPTER 64, LAWS OF 1874.
INDUSTRIAL EXPOSITIONS IN SCHOOLS.

Section 1. It shall be the duty of the board of directors of inde-
pendent school districts, and the subdirector of each subdistrict, if
they should deem it expedient, under the direction of the county
superintendent, to introduce and maintain an industrial exposition
in connection with each school under their control within this state.

Szc. 2. These expositions shall consist of useful articles made by
the pupils, such as samples of sewing, and cooking of all kinds, knit-
ting, crocheting, and drawing, iron and wood-work of all kinds, from
a plain box or horse-shoe to a house or steam-engine in miniature;
also, all other useful articles known to the industrial world, or that
may be invented by the pupils, in connection with farm and garden
products in their season, that are the results of their own toil.

Suc. 3. The pupils shall be required to explain the use and method
of their work, and kind and process of culture of farm and garden
products.

So. 4. The parents and friends of pupils shall be allowed and
requested to be present at said expositions.

Src. 5. Ornamental work shall be encouraged when accompanied
by something useful made by the same pupil.

Suc. 6. These expositions shall be held in the school room upon a
school day as often as once a term, and not oftener than once 3
month. :
SCHOOL LAWS OF IOWA. 83

CHAPTER 67, LAWS OF 1874.
VOTING ON SCHOOL TAXES.

Sxction 1. All school districts lying in two adjoining counties
shall have the right to vote mills, instead of specific sums, for school
purposes.

CHAPTER 129, LAWS OF 1876.

(As amended by Chap. 142, Laws of 1878, and Chap. 64, Laws of
1888.)

STATE NORMAL AND TRAINING SCHOOL

Sxcrion 1. A school for the special instruction and training of
teachers for the common schools of this state is hereby established at
Cedar Falls, in Black Hawk county.

Src. 2. The school shall be under the management and control of
a board of directors consisting of six members, no two of whom shall
be from the same county, and the superintendent of public instruction
shall be ex-officio a member of said board and president thereof. The
board of directors shall be elected by the general assembly, two for
two years, two for four years, and two for six years, and the general
assembly shall elect two members of said board every two years, for
the full term of six years as the terms of office of the respective
classes expire. Their term of office shall commence on the first day
of June following their election. No member of the board shall be
a teacher in the school, or receive other compensation for his ser-
vices, than a re imbursement of his actual expenses, to be certified to
by him and paid out of the state treasury. Any vacancy occurring
in the board shall be filled by the appointment of the governor.

Szc. 3. The board shall convene, at the oall of the superintendent
of public instruction, on or before June 15, 1876, and having each
qualified, according to law, shall organize by the election of a vice-
president from. their number, and a secretary and a treasurer, who
84 SCHOOL LAWS OF IOWA.

shall be persons not members of the board. The secretary shall re-
ceive such compensation as may be fixed by the board not to exceed
the sum of one hundred dollars and actual traveling expenses. The
treasurer shall receive no compensation but shall receive re-imburse-
ment of actual expenditures.

Src. 4. The board shall require a bond, in the sum of twenty
thousand dollars, of the treasurer with proper and sufficient sureties,
conditional for the safe keeping of fands coming into his hands. He
shall receive and disburse all moneys hereby appropriated, and any
other funds as the board may provide. The board may require of
any officer or employe, who may be authorized to receive or pay out
money, 2 like bond.

Szc. 5. It shall be the duty of the board, in every necessary man-
ner with the means at their disposal, to provide for and carry out
the object for which the school is established. For that purpose
they shall employ competent and suitable teachers and other employes.
They shall direct, use, and control all the property of the state com-
ing into their hands for that purpose. They shall control and direct
the expenditures of all moneys. They shall make all necessary rules
for the management of the school and the government thereof, and
shall provide for the admission of pupils from the several counties
of the state in proportion to their respective population, and upon
the appointment of respective boards of supervisors, or as the board
may direct. They shall establish and publish uniform rules for the
admission of pupils thereto, and such rules shall provide for equal
rights in said school, to all the teachers in the state,. but they shall
require in all cases satisfactory evidence of the good character of
the pupil. They shall also further require all pupils upon their ad-
mission to the school, to sign a statement of their intention in good
faith to follow the business of teaching in the schools of the’ state.
It shall also be the duty of the board to make ail possible and nec-
essary arrangements with the means at their disposal, for the board-
ing and lodging of pupils, but the pupils shall pay the cost of the
same. They shall require each pupil to pay a fee for contingent ex-
penses amounting to not more than one dollar per month. The school
shall be open during such part of the year as the board shall de-
termine but the session shall continue at least twenty-six weeks. The
board of directors may in their discretion charge the pupils with a
tuition fee not exceeding six dollars per term, if such charge shall be
SCHOOL LAWS OF IOWA. 85

necessary in order to the proper support of the school as provided by
law.

* * * * * * * * *

Szc. 9. The said board shall make, at the end of each school year,
to the governor a detailed report of their proceedings during the
year. Their report shall also contain the number of teachers em-
ployed in the school, with the compensation of each; the number of
pupils, classified; the amount of receipts and expenditures, and the
items thereof, with such other information and recommendations as
they may deem expedient, which report shall be embodied in the su-
perintendent’s report to the general assembly.

CHAPTER 136, LAWS OF 1876.
WOMEN ELIGIBLE TO SCHOOL OFFICES.

Section 1. No person shall be deemed ineligible, by reason of
sex, to any school office in the state of Iowa.

Src. 2. No person who may have been or shall be elected or ap-
pointed to the office of county superintendent of common schools or
school director in the state of Iowa, shall be deprived of office by
reason of sex.

CHAPTER 132, LAWS OF 1878.
ISSUANCE OF BONDS TO FUND JUDGMENT INDEBTEDNESS.

Section 1. Any school district against which judgments have
been rendered prior to the passage of this act, and which judgments
remain unsatisfied, may, for the purpose of paying off such judg-
ments and funding such judgment indebtedness, issue upon the reso-
lution of the board of directors of the district, the negotiable bonds
of such district, running not more than ten years, and bearing a rate
of interest not exceeding ten per centum per annum, payable semi-
annually, which bonds shall be signed by the president of the dis-
trict, and countersigned by the secretary, and shall not be disposed of
86 SCHOOL LAWS OF IOWA.

for less than their par value, nor for any other purpose than that pro-
vided for by this act, and such bonds shall be binding and obligatory
upon the district.

Suc. 2. It shall be the duty of the board of directors of any dis-
trict which shall issue bonds under this act, to provide for the pay-
ment of the same by the levy of tax therefor, in addition to the other
taxes provided by law, and they are hereby required to levy such an
amount each year as shall be sufficient to meet the interest on such
bonds promptly as it accrues.

Szc. 3. The bonds issued under this act shall be in the name of the
district and in substantially the same form as is by law provided for
county bonds; shall be payable at the pleasure of the district; shall
be registered in the office of the county auditor; shall be numbered
consecutively and redeemed in the order of their issuance.

CHAPTER 133, LAWS OF 1878.
(As amended by Chapter 131, Laws of 1880.)
SUBDIVISION OF INDEPENDENT DISTRICTS.

Section 1. Any independent school district, organized under any of
the laws of this state, may subdivide, for the purpose of forming two or
more independent school districts, or have territory detached to be an-
nexed with other territory, in the formation of an independent district
or districts, and it shall be the duty of the board of directors of said
independent district to establish the boundaries of the districts so
formed, the districts so formed not to contain less than four govern-
ment sections of land, each; this limitation shall not apply when, by
reason of a river or other obstacle, a considerable number of pupils
will be accommodated by the formation of a district containing less

 

CHAPTER 133, LAWS OF 1878.

SECTION 1. (a) The provisions of this section, as amended, apply to all
independent districts organized under the laws of this state.

(6) The amount of territory cannot be less than an equivalent of four
government sections, unless the provisions of the latter part of this section
apply. .
SCHOOL LAWS OF IOWA. 87

than four sections, or where there is a city, town or village within
said territory, of not less than one hundred inhabitants, and in such
cases, the independent district so formed shall not contain less than
two government sections of land, such subdivision to be effected in
the manner provided for in sections 2, 38 and 4 of this chapter; pro-
vided that where either of the districts so proposed to be formed
contains less than four government sections, it shall require a major-
ity of the votes, of each of the proposed districts, to authorize such
subdivision.

Szc. 2. Atthe written request of one-third of the legal voters
residing in any independent school district, the board of directors of
said independent district shall call a meeting of the qualified electors
of the independent district, at the usual place of holding their meet-
ing, by giving at least ten days’ notice thereof, by posting three no-
‘tices in the independent district sought to be divided, and by publi-
cation in a newspaper, if one be published in the independent dis-
trict, at which meeting the electors shall vote by ballot for or against
such subdivision.

Src. 3. Should a majority of the votes be cast in favor of such
subdivision, the board or boards of directors shall call a meeting in
each independent district so subdivided or formed as aforesaid, for
the purpose of electing by ballot three directors, who shall hold their
offices, one, two, and three years, respectively; the length of their
respective terms to be determined by lot; and but one director shall
be chosen annually thereafter, who shall hold his office for three
years.

Sxc. 4. At the meeting of the electors of each independent school
district, as provided in the last section, they shall also determine by
ballot the name to be given to their district, and each independent
district, when so organized, shall be a body corporate, and the name
so chosen shall be its corporate name; provided that the board of di-
rectors of any district, organized under the provisions of this act,
may change its name if any other district in the township shall have
chosen the same name.

 

(c) An independent district containing territory amounting to less than
eight government sections, may be divided into two independent districts,
if an unbridged stream or other obstable prevents a considerable number of
scholars from attending school, or if one portion contains a village of not
less than one hundred inhabitants. The district so formed must contain
territory amounting to not less than two government sections, and a ma-
88 SCHOOL LAWS OF IOWA.

Szc. 5. Independent districts, organized under the provisions of
this act, shall be governed by the laws relating to independent dis-
tricts.

CHAPTER 166, LAWS OF 1878.
TUITION OF PAUPER CHILDREN.

Sgcrion 1. Section 1381 of the Code is hereby amended by adding
at the end of the section: The expense of the poor-house shall in-
clude such an amount of tuition for the instruction of the pauper
children, as the whole number of days’ attendance of such pauper
children, is to the total number of days’ attendance in the school at
which pauper children attend, and such amount shall be paid into the
treasury of the district where said children attend.

CHAPTER 8, LAWS OF 1880.
SEPARATE POLLING PLACES.

Szction 1. Independent school districts having a population of
not less than fifteen thousand inhabitants, shall be divided into not
less than three, nor more than six election precincts, in each of which
a poll shall be held at a convenient place, to be appointed by the
board of directors, for the reception of the ballots of the electors re-
siding in such precinct at said election.

Szc. 2. The board of directors shall provide for the submission of
all questions relating to the powers reserved to the electors under
section 1807 of the Code, which questions shall be decided by ballot,
returns to be made on questions submitted as hereinafter provided.

 

jority of the votes cast, in each contemplated district, must be cast for the
division.

Src. 2, When the required number of electors petition for such division,
the board are compelled to call the election, but the organization cannot be
completed between August and January.

Src. 5. When the division has been completed, a settlement of assets and
liabilities must be made, in conformity with section 1715.
SCHOOL LAWS OF IOWA. 89

Sxc. 38. A register of the electors residing in each precinct shall
be prepared by the board of directors from the register of the elec-
tors of any city, town or township which is in whole or in part in-
cluded within such independent school district; and for that purpose
a copy of such register of electors shall be furnished by the clerk of
each such city, town or township to the board of directors. Said
board shall, in each year before the annual election for directors, re-
vise and correct such school election registers by comparison thereof
with the last register of elections for such cities, towns and town-
ships. And the register provided for by this section shall have the
same force and effect at elections held under this act, and in respect
to the reception of votes at said elections, as the register of elections
has by law at general elections.

Src. 4. Notice of every election under this act shall be given in
‘each district in which the same is to be held, by the secretary thereof,
by posting up the same in three public places in such district, and by
publication in a newspaper published therein for two weeks preced-
ing such election; such notice shall also state the respective election
precincts, and the polling place in each precinct.

Sxc. 5. The board of directors shall appoint one of their own num-
ber and another elector of the district to act as judges of election,
and a clerk for each polling place, who shall be sworn as provided by
section 609 of the Code in case of general elections. The polls shall
be open from 9 o’elcck a. u. to 6 o’clock p.m. If either of the judges,
or clerk, fail to attend, his place may be filled by the others by appoint-
ing an elector attending in his place, and if all fail to attend in time,
or refuse to serve or be sworn, the electors present shall choose two
judges and a clerk from the electors attending. A ballot-box and the
necessary poll-book shall be provided by the board of directors for
each precinct, and the election shall be conducted in the same manner,
and under the same rules and regulations, so far as applicable, as are
provided by chapter 3 of title 5 of the Code, for general elections.

Src. 6. The judges of election and clerk in each precinct shall
canvass the vote therein, and shall, as soon as possible, make out,
sign and return to the secretary of the district a certificate showing
the whole number of votes cast in such precinct, and the number of
votes in favor of each person voted for, and questions submitted.
The board of directors shall meet on the next Monday after the elec-
tion and canvass the returns, and ascertain the result of the election.

12
90 SCHOOL LAWS OF IOWA.

The whole number of votes cast, and the number in favor of each
person voted for, shall be entered in their record, and the persons
respectively receiving the highest two numbers of votes shall be de-
clared elected, and all questions submitted receiving a majority of
votes cast shall be recorded as carried. The secretary shall issue to.
each person so elected a certificate of his election.

Szc. 7. All acts and parts of acts inconsistent with this act are
hereby. repealed.

CHAPTER 51, LAWS OF 1880.

ENABLING DISTRICTS TO ISSUE BONDS TO FUND JUDGMENT INDEBTED-
NESS.

Section 1. Any school district or district township against which
judgments have been rendered, prior to the passage of this act, and
which such judgments remain unsatisfied, may, for the purpose of
paying off such judgment indebtedness, issue negotiable bonds, of
such district township, upon a resolution of the board of directors
of the district township, running not more than ten years, and bear-
ing a rate of interest not exceeding eight per cent per annum, paya-
ble semi-annually, which bonds shall be signed by the president of
the district and countersigned by the secretary, and shall not be dis-
posed of for less than their par value, nor for any other purpose than
that provided by this act, and such bonds shall be binding and ob-
ligatory upon the district township.

Szc. 2. It shall be the duty of the board of directors of any dis-
trict township which issues bonds under this act, to provide for the
payment of the same by the levy of tax therefor, in addition to the
other taxes provided by law; and they are hereby required to levy
such an amount each year as shall be sufficient to meet the interest.
on such bonds promptly as it accrues.

Szc. 3. The bonds issued under this act shall be in the name of
the district township and in substantially the same form as is by law
provided for county bonds; shall be payable at the pleasure of the

‘district township; shall be registered in the office of the county aud-
itor; shall be numbered consecutively and redeemed in the order of
their issuance.
SCHOOL LAWS OF IOWA. 91

CHAPTER 132, LAWS OF 1880.
(As amended by Chap. 95, Laws of 1886.)
AUTHORIZING DISTRICTS TO FUND BONDED OR JUDGMENT INDEBTEDNESS.

Srction 1. Any independent school district, or district township,
now or hereafter having a bonded or judgment indebtedness out-
standing, is hereby authorized to issue negotiable bonds at any rate
of interest not exceeding seven per cent per annum, payable semi-
annually, for the purpose of funding said indebtedness; said bonds to
be issued upon a resolution of the board of directors of said district;
provided that said resolution shall not be valid unless adopted by a
two-thirds vote of said directors.

Src. 2. The treasurer of such district is hereby authorized to sell
the bonds provided for in this act, at not less than their par value,

‘and apply the proceeds thereof to the payment of the outstanding
bonded or judgment indebtedness of the district, or he may exchange
such bonds for outstanding bonds, par for par; but the bonds hereby
authorized shall be issued for no other purpose than the funding. of
outstanding bonded or judgment indebtedness. The actual cost of
the engraving and printing of such bonds, shall be paid for out of the
contingent fund of such district.

Sxc. 3. Said bonds shall run not more than ten years, and be pay-
able at the pleasure of the district after five years from the date of
their issue; provided that in order to stop interest on them the treas-
urer shall give the owner of said bonds ninety days’ written notice of
the readiness of the district to pay, and the amount it desires to pay;
said notice to be directed to the post-office address of the owner of
the bonds; provided further that the treasurer shall keep a record of
the parties to whom he sell the bonds, and their post-office address,
and notice sent to the address, as shown by said record, shall be suffi-
cient.

Szc. 4. Said bonds to be in denominations of not less than one
hundred dollars and not more than one thousand dollars; and said
bonds shall be given in the name of the independent district, or dis-
trict township, and signed by the president, and countersigned by the
92 SCHOOL LAWS OF IOWA.

secretary thereof; and the principal and interest may be made paya-
ble wherever the board of directors may by resolution determine.

Sxc. 5. When said bonds are delivered to the treasurer to be ne-
gotiated, the president shall take his receipt therefor, and the treas-
urer shall stand charged on his official bond with the amount of the
bonds go delivered to him.

Szc, 6. The tax, for the payment of the principal and interest of
said bonds, shall be raised as provided in section 1828, chapter 9,
title 12 of the Code, provided that if the district shall fail or neglect
to so levy said tax the board of supervisors of the county in which
said district is located, shall, upon the application of the owner of
said bonds, levy said tax.

Szc. 7. All acts and parts of acts in conflict with this act are
hereby repealed.

CHAPTER 23, LAWS OF 1882.
REQUIRING BOARDS TO SET TREES ON BCHOOL GROUNDS.

Sxction 1. The board of directors of each district township and
independent district, shall cause to be set out and properly pro-
tected, twelve or more shade-trees on each school-house site belong-
ing to the district, where such number of trees are not now growing,
and such expense shall be paid from the contingent fund.

Src. 2. It shall be the duty of the county superintendent in visit-
ing the several schools in his county, to call the attention of any
board of directors neglecting to comply with the requirements of
this statute, and the required number of shade-trees shall be planted
as soon thereafter as the season will admit.

Src. 3. That section 1745, of the Code, be amended by adding an
additional item at the end of said section, as follows: 12. The
number of trees set out and in thrifty condition on each school-house
grounds,
SCHOOL LAWS OF IOWA. 93.

CHAPTER 118, LAWS OF 1882.
INCLUDING ALL OF CITY, WITHIN INDEPENDENT DISTRICT.

Section 1. All the territory of an incorporated city or town,

whether included within the original incorporation, or afterwards at-
tached thereto, in accordance with the provisions of law, shall be or
become a part of the independent district, or districte, of said city
or town.
“ Szc. 2. When boundaries are changed by the taking effect of this
act, the respective boards of directors shall make an equitable settle-
ment of the then existing assets and liabilities of their districts, as
provided for by section 1715 of the Code.

CHAPTER 149, LAWS OF 1882.
(As amended by Chap. 107, Laws of 1886.)
ENABLING BOARDS TO INSURE SCHOOL PROPERTY.

Szcrion 1. The board of directors of all school districts, organized
under any of the laws of this state, may use unappropriated contin-
gent funds for the purpose of effecting an insurance on the school
property of their district; but they may contract no debts for this.
purpose.
94 SCHOOL LAWS OF IOWA.

CHAPTER 167, LAWS OF 1882.
CREATING A STATE BOARD OF EXAMINERS.

Szction 1. The superintendent of public instruction, the presi-
dent of the state university, the principal of the state normal school,
and two persons, to be appointed by the executive council, one of
whom shall be a woman, for terms of four years; provided that of
the two first appointed, one shall be for two years; and provided fur-
ther that no one shall be his own successor in said appointments;. are
‘hereby constituted a state board of examiners, with the superintend-
ent of public instruction as ex officio, its president.

Src. 2. The board shall meet at such times and places as its presi-
dent shall direct, for transaction of business, and shall hold annually,
at least two public examinations of teachers, at each of which exam-
inations one member of the board shall preside, assisted by such well
qualified teachers, not to exceed two in number, as the board of ex-
aminers may elect. Said board may adopt such rules, not inconsis-
tent herewith, and with the statutes of Iowa, as they may deem
proper; and said board shall keep a full record of their proceedings,
and a complete register of all persons to whom certificates and
diplomas are issued.

Src. 3. Said board shall have power to issue state certificates and
state diplomas to such teachers as are found, upon examination, to
possess good moral character, thorough scholarship, clear and com-
prehensive knowledge of didactics, and successful experience in
teaching.

Szc. 4. Candidates for state certificates shall be examined upon
the following branches: Orthography, reading, writing, arithmetic,
geography, English grammar, bookkeeping, physiology, history of
the United States, algebra, botany, natural philosophy, drawing,
civil government, constitution and laws of Iowa, and didactics; and
candidates for state diplomas shall pass examination upon all
branches required by candidates for state certificates, and in addi-
tion thereto in geometry, trigonometry, chemistry, zoology, geology,
astronomy, political economy, rhetoric, English literature and gen-
SCHOOL LAWS OF IoWA. 95

eral history, and such other branches as the board of examiners may
require. ,

Src. 5. A state certificate shall authorize the person, to whom it
is issued, to teach in any public school of the state for the term of
five years from the date of its issue, and a state diploma shall be
valid for the life of the person to whom it is issued; provided that
any state certificate, and any state diploma, may be revoked by the
board of examiners for any cause of disqualification, on well-founded
complaint entered by any county superintendent of schools.

Szc. 6. The fee for each state certificate shall be three dollars,
and for each state diploma five dollars, which fee shall be paid before
examination to such person as the board of examiners may designate
from their own number, and the same shall be paid into the state
treasury when so collected; provided that if such applicant shall fail
in said examination, one-half of the fee shall be returned.

Src. 7. Every,holder of a state certificate, or of a state diploma,
shall have the same registered, by the county superintendent of
schools of the county in which he wishes to teach, before entering
upon his work, and each county superintendent of schools is required
to include in his annual report to the superintendent of public in-
struction, a full account of the registration of state certificates and
diplomas.

Sec. 8. Each member of the state educational board of examiners,
and each person appointed by said board to assist in conducting ex-
aminations, as provided for in section 2 of this act, shall be entitled
to receive, for the time actually employed in such service, his neces-
sary expenses. And provided further that each member of said
board, not a salaried officer, shall, in addition to his necessary ex-
penses, receive the sum of three dollars per day, he or she is actually
employed in said examination, which amounts shall be certified by
the superintendent of public instruction; and the auditor of state is
hereby authorized to audit and draw his warrant for the same upon
the treasurer of state, provided the aggregate amount for any one
year shall not exceed three hundred dollars.

 

CHAPTER 167, LAWS OF 1882.

SECTION 7. (a) No fee is required for the registration referred to, but it
is essential that such record be made before the person commences to teach.

(b) Holders of state certificates or diplomas are not exempt from report-
ing to the county superintendent, or complying in every respect with re-
quirements made of other teachers, except as to examination for certificates.
96 SCHOOL LAWS OF IOWA.

CHAPTER 103, LAWS OF 1884.
PROHIBITING BARB WIRE AROUND SCHOOL-HOUSES,

Sxction 1. Itis hereby made the duty of the board of directors
of every independent district and of every district township, to re-
move before the first day of September, a. p. 1884, any barb wire
fence enclosing in whole or part any publie school grounds in such
district, and it is also made the duty of any person owning or con-
trolling any barbed wire fence within ten feet of any public school
grounds to remove the same within the time herein above named.

Szc. 2. Hereafter barb wire shall not be used in enclosing in
whole or in part any public school building or the grounds upon which
the same may stand; and no barbed wire shall be used for a fence or
other purpose within ten feet of any public school ground.

Szc. 3. For a failure or neglect on the part of any board of
directors of any independent district, or of any district township to
carry out the provisions of this act, any member of such board shall
be fined, on conviction, not exceeding twenty-five dollars, any person
violating the provisions of this .act shall, on conviction thereof, be
fined not exceeding twenty-five dollars.

CHAPTER 1, LAWS OF 1886.

TEACHING AND STUDY OF EFFECTS OF ALCOHOL AND STIMULANTS
UPON THE HUMAN SYSTEM.

Section 1. Physiology and hygiene, which must in each division
of the subject thereof include special reference to the effects of alco-
holio drinks, stimulants and narcotics upon the human system, shall
be included in the branches of study now and hereafter required to

 

CHAPTER 1, LAWS OF 1886.

‘

SECTION 1. (a) The words regularly taught are construed to mean, as.
other branches are taught.
SCHOOL LAWS OF IOWA. 97

be regularly taught to and studied by all pupils in common schools
and in all normal institutes, and normal and industrial schools, and the
schools at the soldiers’ orphans’ home and home for indigent child-
ren.

Sxc. 2. It shall be the duty of all boards of directors of schools
and of boards of trustees, and of county superintendents in the case
of normal institutes, to see to the observance of this statute and make
provision therefor and it is especially enjoined on the county super-
intendent of each county that he include in his report to the superin-
tendent of public instruction the manner and extent to which the
requirements of section one of this act are complied with in the
schools and institutes under his charge, and the secretary of school
boards in cities and towns is especially charged with the duty of
reporting to the superintendent of public instruction as to the obser-
vance of said section one hereof, in their respective town and city
schools, and only such schools and educational institutions reporting
compliance, as above required, shall receive the proportion of school
funds or allowance of public money to which they would be other~
wise entitled.

Src. 3. The county superintendent shall not after the 1st day of
July, 1887, issue a certificate to any person who has not passed a sat-

 

(ob) This study must begin in the lowest primary class. In what grade or
class it shall be completed, is to be determined by the board.

(c) Primary classes must be instructed orally, as the children are not old
enough to use or comprehend abook. But this oral instruction must be out-
lined as a course, and adopted by each board.

(d) The portion assigned to each grade or class should be thoroughly
mastered before more advanced work is entered upon.

(e) Teachers should be careful to give instruction in accordance with the
spitit of the law. Total abstinence should be taught as the only sure way
to escape the evils arising from the use of alcoholic drinks and tobacco. .

Sc. 2. (a) Boards cannot shift the responsibility by simply providing
that teachers shall give instruction in this branch. They must see to it
that the work is actually done by the teachers, as the law requires.

(b) In normal institutes, efficient and earnest instructors should be em-
ployed. Charts and other appliances should be amply provided. Physicians
and scientists may be invited to lecture, and teachers should be exhorted to
be sincere, fearless, and faithful in the discharge of their duty.

(c) Blanks will be furnished to school officers, from time to time, to enable
them to make the reports required by this chapter.

13
98 SCHOOL LAWS OF 10WA.

isfactory examination in physiology and hygiene with especial refer-
ence to the effects of alcoholic drinks, stimulants and narcotics upon
the human system, and it shall be the duty of the county superintend-
ent as provided by section 1771, to revoke the certificate of any
teacher required by law to have a certificate of qualification from the
county superintendent, if the said teacher shall fail or neglect to
comply with section one of this act, and said teacher shall be dis-
qualified for teaching in any public school for one year after such
revocation, and shal] not be permitted to teach without compliance.

CHAPTER 75, LAWS OF 1886.
USE OF PUBLIC SQUARES FOR SCHOOL PURPOSES.

Sxction 1. It shall be lawful for the people of any incorpor-
ated town located wholly within an independent school district in
which is situated a public square or plat of ground, deeded or dedi-
cated to the said town or the public, by the proprietor of the town,
or of any addition thereof, to transfer or re-dedicate such plat or
square, to the purpose of a public school-house lot, to be used either
for the erection thereon of a public school-house, or as school
grounds, in connection with such school-house.

Src. 2. The manner of procedure to effect the change or transfer
of the. purpose for which such lot or square shall be used, as is
authorized in section 1, of this act, shall be as follows: When a plat
or lot of the character described in section 1, of this act, is located in
such incorporated town, and one-half of the resident voters of such
town, according to the last census thereof, national or state, shall
petition the mayor and town council of such town, asking said city
authorities to submit to the voters of the town at a general or special
election the question whether or not such public square, lot or plat
shall be transferred, dedicated and used for the purposes of a public
school-house lot, for the use of the independent district, in which the
same is situated said mayor and town council shall submit the ques-
tion to the voters of the town, in accordance with the prayer of said
petitioners after giving ten days’ notice thereof, by written or printed
notices, in which the proposition submitted, shall be clearly set forth,
and signed by said mayor, three of which notices shall be posted in
SCHOOL LAWS OF [0WA. 99

public and conspicuous places in the town, and one shall be published
in the last two issues, preceding such election in a weekly newspaper
published in the town, or if there be no such newspaper published in
the town then in the weekly newspaper published elsewhere in the
county, having the largest circulation in said town. Such notice shall
state the manner of voting, which shall be by ballot, and substan-
tially as follows: The ballot shall contain in print, ink or pencil the
words “For transferring lot or block or square (as the case may be,
describing it) to the purposes of a public school-house lot,” or
“Against transferring lot or block or eqnare (as the case may be, de-
scribing it) to the purposes of a school-house lot.” And such elec-
tion shall be held as per notice given and be conducted as ordinary
town elections are, under the supervision of the town authorities,
who shall canvass the vote as by law provided in other cases. If it
shall appear that two-thirds or more, of all the legal votes cast at such
election, for and against the proposition submitted, have been cast in
favor of the transfer of such lot or block or square, to the purposes
of a public school-house lot, then such transfer shall be held to have
been completed, and the lot or block or square may be appropriated
and used for the purposes so indicated, by said vote and shall be no
longer held for any other purpose. If less than two-thirds of the
votes cast at such election are found to be in favor of the transfer
then it shall be held that the proposition failed and no transfer shall
be effected.

CHAPTER 61, LAWS OF 188s.

FORMATION OF INDEPENDENT DISTRICTS.

Sxction 1. The subdistricts of a district township may be con-
stituted independent districts in the manner hereinafter provided.

Sze. 2. At the written request of one-third of the legal voters in
each subdistrict of any district township, the board of directors shall
call a meeting of the qualified electors of each subdistrict by giving
at least thirty days’ notice thereof by posting three written notices in
each subdistrict in the township, at which meeting the electors shall
vote by ballot for or against independent district organization.
100 SCHOOL LAWS OF 10WA.

Szc. 3. If a majority of the votes cast in each subdistrict shal}
be favorable to such independent organization then each subdistrict
shall become an independent district.

Src. 4. The board of directors of the old district township so
voting shall then call a meeting in each independent district for the
election of three or more directors, as may be required by law, and
the organization of the said independent district shall be completed
and governed in the same manner as other and similar independent

districts.

CHAPTER 62, LAWS OF 1888.
BOUNDARIES OF INDEPENDENT DISTRICTS.

Sxcrion 1. The boundary lines of contiguous independent dis-
tricts within the same civil township, may be changed by concurrent
action of the respective boards of directors at their regular meeting
in September, or at special meetings thereafter called for that pur-
pose; provided that the district so formed, from which territory has
been detached, shall not contain less than four government sections
of land; and provided further that the boundary lines of said dis-
tricts shall conform to the lines of congressional divisions of land.

 

CHAPTER 61, LAWS OF 1888.

SECTION 8. The vote upon the change of form may be taken at any time
of year, but the organization cannot be completed between August and
January. Section 1804.

Sec. 4. When the new boards are organized, they should meet as soon as
possible, and make settlement of assets and liabilities, as directed by sec-
tion 1715. ‘
APPEALS ......+0++

TABLE OF CONTENTS.

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PAGE

BOARD OF DIRECTORS w:acicisiecacsioscs cists ie wisiciates sisiviare die lees sales seeie's tees! seats
BOARD OF SUPERVISORS ..........-..0066

BONDS Gsccsieciosisisiniin eg tidie coisaeieleieucroorene o 46

BouNDARIES......

Pater vores ees ecess soccer

ee eee ee ee

Cr ry

CHANGES IN FORM OF DISTRICTS.........-ccccecesssceseee esate

COUNTY AUDITOR. .....ccccccecccscncces

Peon e rere ee coerce ererssaceses

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COUNTY HIGH SCHOOLS..... ...sceseceees Srahcee Galatians: is aheysiladis

COUNTY SUPERINTENDENT .......00002-65-

COUNTY TREASURER........ ..0.. Suasapavenns

DISTRICT TOWNSHIP MBETING.......0..ccccccccsccrccccsesscece

seer eee
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.
FORMATION OF INDEPENDENT DISTRICTS..........ccccccecsecceereces

GENERAL’ PROVISIONS. .....00.eeeceereeeces

INDEPENDENT DISTRICT ELECTION ......

MISCELLANEOUS ....... disiavabesevadeastehapavey  ersy s

PRESIDENT ......

Der ee cece seer seerorcores

SCHOOL. _ DISTRICTS sis is'o:é.5 &.sajcissjsoew vieiewia s dais da.» siete we elewewiaee 6 hates ewes.
SCHOOL-HOUSE SITES ......2csesececceess

SECRETARY. ...

SESSION LAWS.......

wee e errr ese ee ee oeee

STATE UNIVERSITY ......c.sccceseceees «
SUBDIRECTOR... ...:6scccdssvecsrscsavenses
SUBDISTRICT MBETING.........cecceceoes
SUPERINTENDENT OF PUBLIC INSTRUCTION........cccscccssscccccsens

"TAKES ais csedeeusevaees sega 06 sdeweeensies
TWA CHEERS $5553 c:si disso eaters islenains sales elaroiwisisteiatel elevate 'siere nieiaeie rt aisnsistolee saeaoce-t
TREASURER ......

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Fee meas er ees eeererereresecene

77
58

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53
73
60

67
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45
55

15

48
66
56
31
13

32
82

38
17

51
41
BLANK FORMS.

NUMBER 1.
Form for Proceedings of District Tuunship Meeting.
[Section 1717.]

The electors of the district township of......... .in the county of........
and state of Iowa, assembled at......... pursuant to previous notice. The
meeting was called to order by the president at....o’clock....m. The sec-
retary being absent, ...........e:seeeeee was appointed secretary.

The order of business was stated by the president.

On motion. Of Moise ecsscscssscscs cave coeewins ,atax of........ dollars was
voted for school-house purposes.

MY ceeandeera saeco moved that a tax of eight hundred dollars be voted
for the purpose of erecting a school-house in subdistrict No.. :

Mi cases tess eessanwad moved to amend by striking out ‘‘eight hundred
dollars” and inserting ‘‘one thousand dollars,” which motion was carried
and tke motion as amended was decided in the affirmative.

MP oe siits ocelot wate Saaee moved to transfer................000. dollars of
unused school-house fund to teachers’ (contingent) fund. Carried.
MY isaeens sates saameeeies moved that the various powers conferred by

law on the district meeting, which may be delegated to the board of direset-
ors, be and the same are hereby so delegated. After discussion the vote
. was taken and the motion was adopted.
On motion of MIr............... eee , the meeting adjourned.

Chairman.

Note.—It is essential that the secretary make a full and accurate record
of the proceedings of the district township meeting, which should be sub-
mitted to the president for his approval at the close of the meeting, and
afterwards recorded in the district records, or otherwise preserved.

These records, together with all certificates of the action of any subdis-
trict in relation to voting school-house taxes, must be submitted by the sec-
retary, who is the proper custodian of the records, to the board, at the
meeting held on the following Monday, to form the basis of their action in
apportioning and certifying school-house taxes to the board of supervisors.
104 BLANK FORMS.

NUMBER 2,
Form of Notice for Annual Meeting in Subdistricts.
[Section 1718.]

Notice is hereby given, that a meeting of the qualified electors of sub-
district No...... , of the district township of....... . in the county of......,
and state of Iowa, will be held at........... , on the first Monday in March,
188.., at... o’clock, for the election of one subdirector, and the transaction
of such other business as may legally come before it.

Dated...... weceeeiove’s , 188..

Subdirector of Subdistrict No....

Norrs.—(a) In case there is no subdirector, the above notice must be
given by the secretary of the district township. It must be posted five days
previous to the meeting, in at least three public places in the subdistrict.
The notice should designate the hour of meeting, which cannot be earlier
than 9 o’clock A.M. Section 1789.

(b) When an organized district township is left without officers, or with-
out a quorum, the above notice for a special election should be posted by the
township trustees, in at least three public places in each subdistrict, chang-
ing the time of holding the election to suit the circumstances of the case.
Section 1714.

NUMBER 3.
Form of Proceedings of Annual Subdistrict Meeting.
[Sections 1718, 1719, 1720.]

The electors of subdistrict No...., of the district township of...... ainsi
in the county of........- .... , and state of Iowa, met pursuant to previous
notice.
ais apamu are teaetaatn was appointed chairman, and.................secretary of
the meeting.

On motion of Mr .............. , the meeting proceeded to the election by
ballot of one subdirector.

The chairman announced the result of the ballot to be as follows:

20 votes were cast for A B; 15 votes for C D; and 10 votes for E F; upon
which A B was declared duly elected subdirector for the ensuing year.
BLANK FORMS. 105

MP sreieaveyaietiew' sit‘ nests moved that a tax of................ dollars be voted
for the erection of a school-house in this subdistrict.

The motion was lost.

On motion of MY.......... 0.0605 cece ee eeeee the meeting adjourned.

Norrs.—(a) If the electors desire to hold a caucus, it should be done be-
fore the subdistrict meeting is called to order. Only one ballot can be had
for the election of subdirector, and a plurality will elect.

(6) The amount voted by the subdistrict must be certified to the next
regular district township meeting.

(c) To avoid the levy of taxes upon the subdistrict, the district township
may simply be requested, by a vote of the electors of the subdistrict, to
build them a school-house, without asking for a definite amount of money.

NUMBER 4.
Form for Certificate of Election of Subdirector.
{Section 1719.]

We hereby certify that, at the annual meeting of subdistrict No......... 3
of the district township of................ , in the county of.......... «., and
state of Iowa, held on the first Monday in March, 188..,.... ........66. was

duly elected subdirector for said subdistrict.

Notes.—(a) This certificate, slightly varied, will answer in case of the
election of a subdirector at a special meeting called by the township trus-
tees. In both cases, it should be presented by the subdirector elect to the
board of the district township, and filed with the president of said district.

(6) In case of a tie vote, the fact should be certified in a similar manner
to that given in the above form, by the officers of the meeting.

14
106 ALANK FORMS.

NUMBER 5.
Form for Certificate of the Tax Voted by Subdistrict Meeting.
[Section 1718, 1778.]

TOsiccws orennorianskaiaaees i
Secretary of the board of directors of the district township

Ofvis switews aiiea swe s sae's ese yes

I hereby certify that the electors of subdistrict No...... -», Of the district
township of......... autheres hoes , in the county of.......... ee , and state of
Iowa, at the annual meeting, held on the first Monday in March, 188. ., voted
@ tak OL es sis acwe ie eesenes dollars for the erection of a school-house in said
subdistrict.

fee wwe eres erm ereeeecene ose

Sibdivedor:

NotTe.—This certificate may be made either by the subdirector or by the
chairman and secretary of the subdistrict meeting.

NUMBER 6.
Proposals for the Erection (or Repair) of a School-house.
[Section 1723.]

Notice i3 hereby given that proposals for the erection (or repair) of a

school-house in subdistrict No......,in the district township of............ 5
in the county of............. ++, Will be received by the undersigned, at his
Office in............ -.....(Where plans and specifications may be seen), until
LO CLOCK Pi Ma jecidieiaciec oes tc ob ei , 188.., at which time the contract will be

awarded to the lowest responsible bidder. The board reserve tbe right to
reject any or all bids.

ee eer eran score sas voeesesens

Sere of the Board of Dieectons:
BLANK FORMS. 107

NUMBER 7.
Form of Contract for Building a School-house.
(Section 1723.]

Contract made and entered into between..........ce-ceeseecreeees , of the
COUDLY Of. c2ces seccavssaenewess sy , and state of Iowa, and... ............ , iD
behalf of the district township OL cinc: aeaiies sswishnanasarestta a saeahere , in the county
Ofaeianne: peteaaauie oes bine , and state of Iowa, and his successors in office.

In consideration of the sum of........... dollars, to be paid as hereinafter
specified, the Said............. cece cece eee eeeeeeees hereby agrees to build a
school-house, und to furnish the material therefor, according to the plans
and specifications for the erection of said house hereto appended, at........

i ee ee a

in said district township. The said house is to be built of the best material,

in a substantial, workmanlike manner, and to be completed and delivered
to the said.......... i iebieaie seaisiaie ocd , or his successors in office, free from any
lien for work done or material furnished, on or before the............ day of
athe nag aerate , 188.. And in case the said house is not finished by the time
herein snacitied, ThE SAIC: ss0 ss se cc svee veoss shall forfeit and pay to the said
gid See arate stermeonena savor , or his successors in office, for the use of said district
township, the sum of........... ...eeeeee eee dollars, and shall also be liable
for all damages that may result to said district township in consequence of
sald failure.

The Sal@iviia ccs siadsaeacne 4040585 , or his successors in office, in behalf of
said district township, hereby agrees to pay the-said...............0.008. the
SUM OL cece cee ateus dollars when the foundation of said house is finished;
and the further sum of .................4- dollars when the walls are up and
ready for the roof; and the remaining sum of................05 dollars when
the said house is finished and delivered as herein stipulated.

It is further agreed that this contract shall not be sublet, transferred, or
assigaei without the consent of both parties.

Witness our hands this........ day of............ , 188..

oe od

eee wee e ere es eee es wen ornee

Presidents
108 BLANK FORMS.

This is to certify that the foregoing contract was approved by the board
of directors of the district township of............... ...,in the county of
orale aes ......, and state of Iowa, this........day of............, 188..

President.

eee wore rcseeey

Secretary.

Nores.—(a) The law requires the board to make all contracts necessary
to carry out any vote of the district, and the president of the district to
sign all contracts made by the board. Section 1739. Contracts must, in all
cases, be made according to the instructions and directions of the board,
and after being made they should be approved by the board before any work
is done.

(0) In building a school-house, it is important to secure plans of the
building, with full specifications as to its dimensions, style of architecture,
numbe,,and size of windows and doors, quality of materials to be used, what
kind of roof, number of coats of paint, of what material the foundation
shall be constructed, its depth below and its height above the surface of the
ground, the number and style of chimneys .and flues, the provisions for ven-
tilation, the number of coats of plastering and style of finish, and all other
items in detail that may be deemed necessary. The plans and specifications
should be attached to the contract, and the whole filed with the secretary of
the district township.

NUMBER 8.
Form of Bond for Performance of Contract.
(Section 1723.]

Know all Men by these Presents: That we,........ sia ieteinsee eae ete , a8 prin-
Cipal, ANG. i secsses secs ccceseeeens ANG 5 osetia Slascialleie soe rerece as sureties, of
the county Of ..........scsecesesesece and state of Iowa, are held and firmly
bound unto the district township Of............ce0cee8 eee , in the county of
aetine caaiawewie seers , and state of Iowa, in the penal sum of...........dollars,
for the payment of which, well and truly to be made, we bind ourselves,
our heirs, administrators and assigns, jointly, severally and firmly by these
presents.

The condition of the above obligation is such that, whereas the said.....
Btereades sania has this day entered into a written contract with..............-
drdscuta oies , 48 president of the board of directors of the district township of
Water ane Se +s+eee, in the county of .............5+.-.-, and state of Iowa,
and his successors in office, for the erection and completion of a school-house
BLANK FORMS. 109

in said subdistrict, by the.......... GAY. Of cc oiceccitewnes ., 188.., according
to the plans and specifications for the construction of said house appended
to said contract.

Now, therefore, if the said................ceeeee shall faithfully and fully
comply with all the stipulations of said contract, then this obligation shall
be void, otherwise remain in full force and virtue in law.

In testimony whereof we have hereunto subscribed our names this......
GAY OF ii cicwoie searcosisee , 188..
Principal.
sas aeheidea eine were srenearpaie aud oleareidy
Sureties.
NUMBER 9.

Form for Certificate of Appointment of School Officers.
[Section 1730.]

Se Co ee ee , 188..
TO wessiterss cide apd tds otiavecaseitl stage Setareweverces
You are hereby notified that, at a meeting of the board of directors of the
district township of.................5 ,in the county of ..................0. 5
and state of Iowa, held on the......... day OLnscdusiees veces , 188.., you were

duly appointed (here name the office), in and for said district township, to
fill the vacancy occasioned by the (here state the cause of the vacancy) of

Secretary of the Board of Directors.

Note—For the appointment of subdirector, insert in the above form the
words subdistrictgnumber........ of immediately after the word for.
110 BLANK FORMS.

NUMBER 10.
Form for Bond of Secretary or Treasurer.
(Section 1731.]

Know all Men by these Presents: That I,..........cccceceevees as principal,
MIN rate cicietets eeeceatedetersis waren annceen BD o's ects eesa.d swiss eeaeus ees ¥e-5 as sureties of
the district township of................ , in the county of........ Sicidacaiee daats
and state of Lowa, are held and firmly bound unto the district township
Of vicissgienacband carne ek , in the said county and state, in the penal sum of
dollars, to be paid to the said district township of
i halan ‘heaven accra tonengee toes , for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators firmly by these presents.

The condition of the above obligation is such that if the above bounden
uatsssrsr alec halipelatetarerstpinie:6 ortreraeg , shall well and truly fulfill the duties of secre-
tary (or treasurer) in the district township of........ .......+4. , and county
OP stint kaaalant detest oes , and state of Iowa, to the best of his ability,
according to law, then the above obligation to be void, otherwise to remain
in full force and action in law.

In testimony whereof we have hereunto subscribed our names this.... ..
day Of sscsssee seoieeees ,188.. |

Sureties.

STATE OF Iowa, as
esac aaa sie oie ors) county.

Tig joes vis orev b okeinlavalelany shat eckeeeia , do solemnly swear (or affirm) that I will sup-
port the constitution of the United States, and the constitution of the state
of Iowa, and that I will faithfully and impartially discharge the duties of
secretary (or treasurer) of the district township of ........ , in the county of
Wiekiwaesas , and state of Iowa, according to law and as provided by the con-
dition of my bond above written.

ee i er ee ary

this sees: sseawes Gay Of ciiveccinsevesevesss , A.D. 188.. |
In testimony whereof witness my hand and official seal.

4
i i a ’

Notary Public.
[SEAL. |
BLANK FORMS. 111

STATE oF IOWA,
Sunidiarace) ba ace erh eave county.

Dy cca evar igauemmadesaraae ses , being duly sworn, depose and say that
Iam a resident freeholder of the state of Iowa, and am worth the sum of
ede dues ldueweudoseiteeaeey dollars beyond the sum of my debts, and have
property liable to execution in this state equal tothe sum of. ..............
dollars.

[SEAL.] Notary Public.

NotTres—(a) See section 1731, notes.
(b) The aggregate amount to which the sureties are required to qualify,
is double the amount of the bond required. Section 249, Code.

NUMBER 11.

Form of Certificate for Hlection of the Officers of the Board, to the County
Superintendent, Auditor, and Treasurer.

[Section 1736.]

I hereby certify that at a meeting of the board of directors of the district

POWNSDIP OL». sig Gisueearane sen eo: «aries , held on the.............. day of
Saiaieeis SOs slg teers , 188.., the following named officers were elected and have
duly qualified according to law:

Risse ve aMecimbe REE , to the office of................, P.O. Address..........
Seda RSA e a icles , to the office of................, P.O. Address..........

Dated atiisccecrdeieumcaarns seeeealee es , 188
sau akce Sipakeead aluenkaucoee F
Secretary

Nore.—All the officers of the board, in addition to the oath which they
may have taken as members, must take the oath of office as prescribed by
section 5, article 11, of the constitution.
112 ‘BLANK FORMS.

NUMBER 12.
Form of Draft on the County Treasury.

[Sections 1739, 1785.]
DO vcsie besteticves s Sisialis shaieie sie ciu asa lavase'e eye , County Treasurer:

Pay tO... .ccesececececsces See Ware a brnnS Sis , treasurer of the district township
OLS sistas ‘sig b siatdis ele Gle vieiairele atlas xe +-,1n the county Of..........sccsccesceesseny
and state of Iowa, ....... ........ dollars school-house PONG 56550 osinie saseaieis
dollars contingent fund, and............... dollars teachers’ fund, being the
amount of taxes collected and due this district, for the quarter ending on the
first Monday of.... ........... , a8 shown by your notice of...... Beracfiee rs
188..

ower SOte marae aera Wale esis od ay
President.
Secretary.

Nore.— Whenever a draft is drawn on the county treasury, it is the duty
of the secretary to charge the district treasurer with the amount named in
the draft, keeping a separate account with each fund. Section 1782.

NUMBER 138.
Form of Order on District Treasury.

{Section 1739,]

DOs cssevavcieeveses , treasurer of the district township of...............005
PAY CO Mincictereateieiie octane xe , or order, the sum Of........... ..6 0 . dollars
from the (here state the fund) fund for (here state the object for which drawn).

Prestaond.

Secretary.

Nore.—No order shall be drawn on the district treasury, until the claim
for which it is drawn has been audited and allowed. Section 1733.

All orders drawn on the district treasury should be registered by the sec-
retary as per form 16,
BLANK FORMS. 113

NUMBER 14.
Form of Lease.
{Section 1739.]

Know all men by these presents: That..........066 samo sie , of the county of
sta ‘ohes atereereted whites teense , and state of Iowa, for the consideration hereinafter

mentioned, does hereby lease untO........... cee eee eee eee ereee , president

COUDLY Of se. viseis ceases yee ; and state of Iowa, or his successor in office,
for the use of said district township for school purposes, the following de-
scribed premises, situated in the county and state aforesaid, to-wit: (Here
describe the house and lot or parcel of ground), together with all the privileges

thereto belonging, for the term of............. months from the.............
OAy Of ncsceciaekesseant ee , 188

6 Said sock ensershe os aa qodemens . president as aforesaid, or-his successor
in office, hereby agrees to pay the said........-.2-.....e.eeee , for the use of
said premises the monthly rate of............. dollars, to be paid at the expi-
ration of this lease.

In testimony whereof, we have hereunto subscribed our names this.......
OB Obie hie tontividesesewreceos , 188..

Signed in duplicate. es Cee haute DelNsmaAsIOS Es eee aaa ‘

President.

Nore.—As a matter of safety, the above lease should be executed in du-
plicate, one to be held by the secretary of the board, and the other by the
lessor. The lease should be approved by the board, as in case of a contract,
and should be filed with the secretary.

NUMBER 15.
Form of Deed.
{Section 1739.]

Know all men by these Presents: That we, ....-......c esses ceeeceees , and
Latha eS aarels ies ea hases adawey Usa rae oo g OF THO COUDEY OF acs ciiees'eees evecies
and state of Iowa, in consideration of the sum of................... dollars
in hand paid, do hereby sel] and convey unto the district township of
ieee Meee arate , in the county of.................., and state of Iowa,
114 BLANK FORMS.

the following described premises, situate in the county of............. , and
state of Iowa, to-wit: (Here describe the premises.)

And we do hereby covenant with the said district township that we are
lawfully seized of said premises; that they are free from incumbrance; that
we have good right and lawful authority to sell the same; and we do hereby
covenant to warrant and defend the title to the said premises against the
lawful claims of ail persons whomsoever.

Signed this........ GAY OL iis seis ceive Gilad , 188..

Ce ee eee

io

Oni THIS siaeesises ss See woo es ay: Of saisusiwcicanciewaae oan , A. D. 188.., before
me, a notary public in and for said county, personally came................
ADO ccc sess essen: gM esie) wesriars , personally to me known to be the identical

persons whose names are affixed to the above deed as grantors, and acknow]-
edged the same to be their voluntary act and deed, for the purposes therein
expressed.
Witness my hand and notarial seal this.......... day
{Lu s.J Of: ccseada ores eee , 188..

Notary Public.

Notes.—(a) In purchasing the grounds for school-house purposes, the
president should require an abstract of title and satisfy himself that the
property is free from incumbrance. Let the property in all cases be con-
veyed to the district in its corporate name. The deed should be filed with
the president.

(b) In case of the donation of school-house site, the following reversion-
ary clause may be appended to the deed: Provided, that if, for the space of
two consecutive years said premises shall cease to be used for school purposes,
the same shall revert to the original donor; his heirs or assigns, without legal hin-
derance or expense.

(c) Since, by section 1827, the receipt of the treasurer for the money de-
posited with him, for the owner of the land, may be the only evidence of
title, such receipt should have a full description of the property, contain
the proviso of note (6) of this form with this addition, wpon the repayment of
the principal amount paid by the district, without interest, together with the value
of any improvements thereon made by the district, and the receipt should be re-
corded by the county recorder. ,
BLANK FORMS. 115

NUMBER 16.
{Section 1741.]

Form of Order Register of Secretary and T reasurer.

 

 

 

gc :
3
& a es]
5 g
a = &
IN WHOSE FAVOR 5431+): 5
DATE. DRAWN. FOR WHAT PURPOSE Se ee ‘a 8
m~o}]go]}] Po
881/58 )3s¢
6 a< | 8< | $4
7. Nn o a
1/April 7, 188..\John Smith...... ‘Yeacbing school..... $ $45 00
2|April 7,188..|A. J. Adams..... Rep. on 8.-house ....} 15.00
3|April 7, 188..|Joel B. Young..../Fuel............... 5.00)
4|May 10, 188../Thos. Harrison ..|Erection of 8.-house. |125.00
5lMay 14, 188..!Sarah Johnson.../Teaching school... . 63.74

 

Note.—The law requires both the secretary and treasurer to keep a regis-
ter of all orders drawn on the district treasury, containing a record of each
item enumerated in the above form.

Whenever orders are drawn, the secretary should register them and fur-
nish the treasurer with a transcript of the same to place upon his register.

Whenever partial payment is made, the treasurer should indorse the pay-
ment on the order and take a receipt for the amount paid. When paid in
full, the order should, in all cases, be indorsed by the person presenting it,
and left with the treasurer. It is then a voucher for the amount paid.
116 BLANK FORMS.

NUMBER 17.
Form of Notice of District Township Meeting.
[Section 1742.]

Notice is hereby given to the qualified electors of the district township of
Hlobalei eres 8 syaetane ata , in the county of ................, and state of Iowa, that
the annual meeting of said district will be held at ..................008. , on
the second Monday in March, 188.., at .. o’clock, .. m., for the transaction
of such business as may legally come before it.

Secretary.

NorTeEs.—(a) The above notice must be posted in five different conspicuous
places in the district and a copy of the same furnished to the teacher of each
school in session tobe read to the pupils thereof. In independent districts,
insert immediately after the word for, in the concluding part of the notice,
the words the’election of officers and in accordance with the provisions of sec-
tions 1807, 1808, and section 4, chapter 8, laws of 1880.

(0) The’same notice may be given for the extra meetings provided for in
sections 17174 and 1822,'changing the time of holding the election to suit the
circumstances of the case.
BLANK FORMS.

NUMBER 18.

[Section 1745.]

1

17

Report of the Secretary of ............ District of... 6.6 cecey cece ceeeee nines

for the Year Ending September .., 188..

 

 

DIs-
TRIC’S.

SCHOOLS.

TEACHERS.

PUPILS.

SCHOOL-
HOUSES.

 

Number of subdistrict or name of in-

dependent disirict.
Number ungraded.

Number of rooms in graded schools.

tember of last year.

Number of months school since Sep-
Males.

teachers employed.

Average compensation
per month.

|Number of different

Number of persons be-

tween the ages of 5

and 21 years.

 

Females.
Females.

Males.

Males.

Females.

registered in the schools since

last September,
Average daily attendance in each

Total number of different scholars

school.
Average cost of tuition per month

for each pupil.

Number.

 

Brick.
Stone.
Log.

Value.

|aprararus.

Value.

|prBRARIES.

Number of volumes.

 

in thrifty condition.
Are effects of stimulants and nar-

No. of trees set out on grounds and

cotics taught?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Totalll ....1.. wt sealed oe pe | eee | ee eee

 

 

 

 

* Leave these totals blank.
118 BLANK FORMS.

STATISTICS OF BLIND AND DEAF AND DUMB.

 

 

NATURE OF NAME OF PAR-

NAME, AGE. DEFECT. ENT.

P. O. ADDRESS.

 

ee me cee leew a twee ew ale meee ewer ee mens eslr ee ere meee ean see esieaaateenecssreny

Seem cen an ee elec ere e arene] Coere rece e eres fee eer ae eseraresaa rir seater arerrees

Se mere eer ww ele rece erate m elec sere sera sores eeal|s een ee ore essen eerie ee eres eterenene

POO ew www al wera meer morte er ere ese r awe eee er ls ewer senenereerevs|sewesereesssenas

Pw eer were wel reer eas sealer ease rer a seen eeale sewer eers ee nrene es! eters eeeersnes

Peer eta e lee eee eat em ali seers mer ee ee rn aware eee ee ere eas tee enle ae ereeseeesanne

Pe eee emer realtor reso ees were weer eseer enn ena eali aware ese a eae eeesels ne eas eeesernune

 

 

I hereby certify that the foregoing report is correct.
poAoh Ehseakawas tees nese 4 post-office, September................, 188..

Notrres—(a) At the regular meeting in September, call the attention of
your board to section 690, Code, which directs them to settle in full with the
treasurer, and require him to account for and produce all funds and property
under his control. The fact that the treasurer has made a complete settle-
ment, and that he is in possession of the funds, should be indorsed on’ the
new bond. This will furnish the legal proof that the treasurer has the funds
in his possession.

(0) Two or more terms taught in the same school-house, the same year,
constitute but one school.

(c) Express all fractions decimally; omit cents in the valuation of school-
houses and apparatus.

(a) To find the average daily attendance in the district, divide the sum of the
total attendance in days, as shown by the register of the teacher or teachers,
by the number of days the school has been taught.

(e) To find the average cost of tuition per month for each pupil, divide the
total amount paid teachers by the number of months, and this quotient by
the average daily attendance.

(f) The average compensation per month averages between winter and
summer schools, or of all the teachers of the same grade employed in agiven
district.

(9) Secretaries must file their reports with the county superintendent im-
mediately after the meeting of the board, on the third Monday in September.
 

 

 

BLANK FORMS. 119
NUMBER 19.
Form for the Treasurer’s Account with the Teachers’ Fund.
[Sections 1747, 1748.]
Sears a8 NEM kad aimee , TREASURER, in account with Teachers’ Fund. Dr.
Sept. 28, 188..{To cash received of County Treasurer, semi-annual
APPOLWODMEN bs ois ses soi aee sewrd siinstes esa wees a sean srsrs $ 270.00
Oct. 5, 188../To cash received of County Treasurer, district tax... 75.00
Jan. 4, 188../To cash received of County Treasurer, district-tax...| 150.00
April 5, 188. ./To cash received of County Treasurer, district tax ..| 197.00
April 5, 188../To cash received of County Treasurer, semi-annual :
APPOTLIONMENE:...:660 ee cdvs we ccwacidiea tase evened ceees 135 00
July 5, 188..I|To cash received of County Treasurer, district tax..! 100.00
ee SseRRG NET oa os , TREASURER, in account with Teachers’ Fund. Cr.
Oct. 13, 188..|By cash paid James Hogan, on order No.1... ...... $ 136.00
Oct. 13, 188../By-cash paid Sarah Smith, on order No. 3............ 89.00
Nov. 14, 188.-|By cash paid Nicholas Hoover, on order No.4...... 135 00
May 3, 188..|By cash paid Louisa Martin, on order No. 7.......... 82.00
May 4, 188..|/By cash paid Jas. M. Higgins, on order No. 10....... 115 00
May 4, 188..|/By cash paid Stephen Phelps, on order No. tl........ 175.00
May 5, 188..|/By cash paid Amelia Mason, on order No. 138......... 95.00

 

 

 

Nore.—A similar account is to be kept with the school-house fund and
contingent fund, and a statement of the condition of any fund is to be ren-
dered at any time when required by the board. By keeping a correct ac-
count of the orders, as per form 16, the treasurer will know the amount out-
standing, and can readily determine what per cent on each he can pay with
the funds on hand.

The above form is intended for separate pages opposite each other.
120 BLANK FORMS.

NUMBER 20.

[Section 1751.)

 

 

Report of the Treasurer Of the .......-.seereeesees District iocic secs ceca ese
Of ee eaeiesasies , for the year ending September ........ , 188..

Dr. SCHOOL-HOUSE FUND. Cr.
On hand at last report.. .. |B. .|..//Paid for school-houses and
Received from district tax....|....].. sites ............. sac esenerses $..J..
Received from other sources..|....|..|/Paid on bonds and interest ...|.... a

Paid for library and apparatus)...
Transferred to other funds ...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

||Paid for other purposes ......).... ‘
| On Han occas veces eeaine ouisin e's atalldacye aie
af alicia oc lecmed aa dea bal s.ce0ccnaarsuaseass eee an
Dr. CONTINGENT FUND. Cr.
On hand at last report.... ... §. .|..||Paid for fuel, rent and repairs
Received from district tax....]....|..|/_ of school- Houses .........00.
Received by transfer from Paid secretary and treasurer..
school-house fund... ...... ...-|..||/Paid for records, dictionaries,
Received from other sources..|....]..|| and apparatus .............. ‘ere ee
Paid for insurance and jani-
OTB sass sissasdieecntonsainaiaiecsereientes sphere es
Paid for brooms, chalk and
other supplies............ sails siese fats
Paid for other purposes....... evstetalhers
On HANG. oe). 0. accion eases Seg alle
Total ccngucaw seven cadens LOCAL sciecspineccaasueatens 6% G
Dr. TEACHERS’ FUND. Cr.
On hand at last report........ $. .|..||Paid teachers since last report.|$.
Received from district tax....].... ..||Baid other districts for tuition.|....|..
Received from semi-annual Paid for other purposes.......].... -
apportionment ..... .......].... MOD NBDE scrcis:arece sarainis aves os ae se ole baa
Received by transfer from
school-house fund. .........].... is
Received from other sources..|....
SPOUT feini cis Giieamieie a kpeole dlenclins TOGAL ease suites vs: vers viakelie wane to

 

 

 

I hereby certify that the foregoing report is correct.
Je euiemuels . post-office, September ........, 188..
sicters Reta ce Moe SS ++, Treasurer.
BLANK FORMS. 121

NotTgE.—(a) The totals of the debit and credit columns in each fund
MUST. IN ALL CASES, BE EQUAL; the report should exhibit the exact
amounts received and paid out by the district since the date of last report.
Unpaid orders are not to be reported.

(b) The amount on hand at last report MUST BE IDENTICAL With the amount
reported on hand in your last report to the county superintendent.

(c) The treasurer is required to make a full report to the board, at the ex-
piration of his term of office on the third Monday of September, and to file a
copy of the same immediately with the county superintendent. fection
1751 and notes.

(d) The report must be made in the identical items printed on this blank.
Any deviation or interlining simply causes the county superintendent the
trouble of condensing. Itemize fully, and take pride in making paid for
other purposes as small as possible.

(e) The report made to the county superintendent should be identical
with the final report for a full year made by the treasurer to the board at
their meeting on the third Monday in September,

NUMBER 21.
Form of Contract between Subdirector (or Secretary), and Teacher.
(Sections 1753, 1757, 1758.]

This contract, between..............-...2.-2aee POEs s saves ceeweaeed county,
TOW, BUG iescnsreciediveinede odusndsswaniaiaiem weieus , 8ubdirector of subdistrict No.
seid valsvareroues ad of the district township of............, in the county of........
and state of Iowa, witnesseth:

That the said.............-.44. , agrees to teach the public schools in said
subdistrict for the term of................ weeks, commencing on the.... ...
GAY: OF eictcnnsciaeth case , 188.., and well and faithfully to perform the duties

of teacher in said school, according to law, and the rules legally established
for the government therof, including the exercise of due diligence in the
preservation of school buildings, grounds, furniture, apparatus, and other
school property.

In consideration of said services, the said................. , aS subdirector
aforesaid, in behalf of said district township, agrees to pay the said........
alates tacit aa , the sum of .....................dollars per school moath, at the
CHG OE Bie isinasseavemers dias , and to perform all the duties required by law as
such subdirector.

16
122 BLANK FORMS.

Witness our hands this................. ay OF es cecd hese eee , A. D. 188..
ZI eachen.
Bibdiracter.
The within contract is hereby approved this..... day of...... , A. D. 188...
Presienk

NotTe—With a little variation the above form will answer for independ-
ent districts. The subdirector should file the contract with the president
and secure his approval before the teacher enters upon his duties. The pres-
ident cannot withhold his approval, unless there has been a violation of law,
or the instructions of the board have been disregarded.

NUMBER 22.
Form for List of Heads of Families and Children, to be kept by Subdirectors.
(Section 1754.]

 

 

 

PARENTS OR GUARDIANS.| NAMES OF CHILDREN. SEX. AGE.
John Smith................ Peter Smith............ Male..... ..{L2 years.
Eliza Smith........... .|Female... |10 years.
James Jones. ..........06. William Jones......... Male.......|15 years.
Charles Peters, (ward). Mate areas 13 years.
Anna Byron...............|James Byron.......... Male.... .. 20 years.

 

Note—tThe above list should be recorded in a book, and carefully pre-
served with the records of the subdistrict, from this record the subdirector
will be able to make his annual report to the district secretary, as required
by section 1755.
123

BLANK FORMS.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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SESS SSS/S8/F S lesieliiiislsa]e/L/2/e lu leslejifils BSl ele] i fells $
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ieisparsacada ddiencibes veeeeeeegg AQUMOg Htttet street eee eteeseeeeeeeneees Jo dyysumoy yoyaysqp omy Jo tes “++ zoquinu yolaysTPaNS UT INE [OOTTOS ou} Jo TO9B| FON

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‘86 UAEANN
194 BLANK FORMS.

Nots.—The board should supply each school-room in the district with a
bound copy of school register.

In the above form, E indicates the date of the pupil’s entrance; \., absence
in the forenoon; /, absence in the afternoon; 20, twenty minutes late in
forenoon; 10e, ten minutes late afternoon, excused. The absence of marks *
indicates that the pupil was present the entire day. Absence at roll-call is
indicated by a dot, which is afterward changed to figures, or a diagonal
mark, as the circumstances require; * indicates branch studied.

NUMBER 24.
[Section 1760.]
Form jor Teacher’s Term Report, to District Secretary.

Teacher’s report to the district secretary of the school taught in subdis-
trict No...... .., of the district township of.............. neva es veces a
county, Iowa, for the term commencing..... ...........cceeeeaee , 188..

 

 

MALES. | FEMALES.| TOTAL.

 

Whole number of pupils enrolled ;
Average number belonging............. x | swcase'e lelesbin’e liao gra oe anata | Setesheinatayers
Total attendance in days ......... cece ee clec een encecfececccecees satiate
Average daily attendance ........ 0.2.66. weeleeeeeees cl Laat crete waste | xii siaseisieiets
Total number of days absent.............../...- el otavevs, ule es ere csecawsts | casee-sieisiieatels
Number of cases of tardiness .............. sid dials eluvara'G |freve'aistaceivrevnta!|xasacs aeiaiaisee
Number neither absent nor tardy ..........J.c.ecececclecsuce Binvereie' inva aeoes
Number studying orthography .............).cceceseccleccccccucsslecsceecces
Number studying reading ..............cccc[seceeceecclescuce oe

s]e meee e we ole ae er cee er eals nen. creas

 

Number studying writing ...... ...... cc ccc [eceeseseesleceecs BincecacdllecetStusare sletece
Number studying arithmetic.......... wis dle besngrcos (ves 240 Sieibva vl levees ans wielale
Number studying geography ........... .cc|ececeescesleveaee ‘
Number studying grammar ..............0.[.ccccevcec|eocccsccvcclaccucceoes
Number studying physiology Sai eaeee sess | heeew etree ease vase oe sulace mia araine
Number studying United States history....]......... |oceseeeccecleesesenecs
Number studying effects of stimulants, etc.'........00 ccc wc cleee ne ne ees

eee ele nese erene

 

 

 

 

Whole number of days taught ............. cece cece ences nia sed atte siecreunire

Compensation of teacher per month .................0008- Sse eeu ene

Average cost of tuition per month, for each pupil ........ Divorce sarsate'é 55
Thereby certify that the above report is correct.

Peewee meas eerene Tavera emer were e tere mae seree eng

Teacher.

Nores.—(a) The number belonging on any day is equal to the number
enrolled less the number who have been absent more than three consecu-
BLANK FORMS. 195

tive whole days. To obtain the average number belonging for the term,
divide the sum of the numbers belonging for each day by the number of days
the schoo! has been taught.

(b) To find the average daily attendance, divide the total attendance in
days by the number of days the school has been taught.

(c) To find the average cost of tuition for each pupil per month, divide
the amount paid the teacher per month by the average daily attendance for
the term.

The above form may also serve for a monthly report to the county super-
intendent, in case he requests it.

NUMBER 23.

Form of Teacher’s Certificate.
[Sections 1766, 1767.]
TRACHER?S ita iies's's aes iesiwknes CLASS CERTIFICATE.
OFFICE OF COUNTY SUPERINTENDENT,
iihavecassine Rian "s b ayale Dae Rema lelnaraa marae county. Iowa, t

This certifies that...............2.. ce eee eeee has passed an examinatlon,
as required by law, with the results hereto appended, and that.............
possesses a good moral character, aptness to teach and ability to govern.
I hereby authorize............ to teach in the public schools of .............
county for a period of................. months from the date of this certifi-
cate.

Per cent. Per cent.

Orthography vscicsciecicie  seerens US: History cia susiinn so. Ghee
RAGING. ot vanusadersnit.cagueaws _ Effects of stimulants, etc. ........
Wri e wiik cecenone semis: cso sasins Theory of teaching....... ........
Arithmetic................ a cabewis Practice of teaching...... ....... J.
GeOgTaphyis: secicwssrcsassa eeemaee sien esavesdeete den aabiad— beseeaes
Grammar............++- sp Ada anaes suathien salenenmem tre tue cae ebn. Gauaeia Rs
PHYSIGlOLY:: siaiss sarstesiewne ese) Ghiwawe Selects suoapatsscnvemwentes  ¥eac sad

NOssscacsiesis «§ |§«-—«-«»SS=>s_—=s-—-=—sibsavnuden brutes gb oaleeatnetennenceaulets ‘i

County Superintendent.

Nore.—This certificate is valid only in the county where granted.
126 BLANK FORMS.

NUMBER 26.

Form for Monthly Report of Institute Fund.
[Section 1769.]

MONTHLY REPORT OF INSTITUTE FUND.

Received from examination fees, for the month of....... alia snatomensees , and
paid to the treasurer Of... 0... eee ee ee eee eee county, Iowa, as required by
Chapter 57, Laws of 1874, as amended by Chapter 54, Laws of 1878.

 

 

AMOUNT AMOUNT
NAME OF APPLICANT | peopivep. NAME OF APPLICANT. RECEIVED.

 

 

 

 

 

 

 

 

 

 

 

 

ee ee eee , Iowa. siaey Og iee Rete ween Tee Abeer
' County Superintendent.

x

Notres.—(a) The monthly report and payment of institute fund required
by section 1769 should be made on the first day of each month.

(b) By section 1769, one dollar must be paid by every applicant for a cer-
tificate.
BLANK FORMS. 127

NUMBER 27.
Form for Receipt of Institute Fund.
[Section 1769.]

Dc aS
RECEIVED) OF. ozs sassnd dacys asc oo coe deuuanmeral sends , Superintendent
of schools......... a se uNihn a Risen COUDLY, LO Wiis 6:8. scsiass arientereyernnes arenes dollars
institute fund.
Seiden des ots dellesipers Sécaapa , Lowa. eaatnds ante erat oudavs cotacalsnianestvealy
Sry Subee cad cartealctawdns ua Patneuareees 1, 188.. County Treasurer.
NUMBER 28.

Form of Application for Teachers’ Normal Institute.
[Section 1769, also 1584, Code.]

OFFICE OF COUNTY SUPERINTENDENT, \
188..

To the Superintendent of Public Instruction:

From satisfactory evidence on file in this office, I hereby certify that not

less than twenty teachers desire to assemble at .............. cece eee eeees 5
us 2a ee SYEIVe: ctenpeancl ne county, Iowa, on the.........day of..............4.,
8... for the purpose of holding a teachers’ normal institute, to remain in
session for a period Of..............eeseee weeks.
I shall act as director, and have appointed, subject to your approval,. ...
sida och dia its cata infusions a bec, cargiglord abiets We adapidh, a Veeder weld Viale s ara aera ca conductor,
ANG siastieas cise edie veagh a sone cae.s Pee Buia dS Beihai Ais Rieveicvorese leks wre , assistants

and hereby request your concurrence in said appointments.

eT Dene eee ar nn ng

County Superintendent.
‘128 BLANK FORMS.

NUMBER 239.
Form for Report of Registration Fees, Institute Fund.
{Section 1769.]

REPORT OF INSTITUTE FUND.

Received from registration fees of normal institute, held at.............. .
commencing ............. aren eee , 188.., for a period of............. weeks,
and paid to the treasurer Of..........6..6+eseeeeee county, Lowa, as required

by Chapter 57, Laws of 1874.

 

 

AMOUNT AMOUNT
NAME OF TEACHER. RECEIVED. NAME OF TEACHER. RECEIVED.

 

 

 

 

 

 

 

 

 

 

 
BLANK FORMS. 129

NUMBER 30.
Form of Order on Institute Fund.
[Section 1769 ]

OFFICE OF COUNTY SUPERINTENDENT,

Packetusas’. <“geaortioa Wha se sess HONS county,..... sds ae ween , 188..
DO sc aS8 ook RAN Rae TRS ER , Preasurer Of...cscccceeceees county:

PAY CO sisissse cede cea Sscererearerars 5 OF OTdeL 5s, «vc ccewasassinses es dollars out of
the institute fund, for.... ......eceeeee eee eee e ee tee , as per bill No.......
approved this day, as required by law, and on file in my office.

NO.ccceee ete tere renee tenn ewan ee ereeneees 5

County Superintendent.

Norse.—The county superintendent must pay to the county treasurer all
moneys received for the institute fund, including the warrant for the state
appropriation. He should not issue warrants for a greater amount than the
funds in the hands of the county treasurer will pay off and satisfy.

NUMBER 31.
Form for Report of Teachers’ Normal Institute.

[Section 1769.]
Report of Teachers’ Normal Institute held at..............0.c cece eee eee ‘
scabies aunemueeneey Lalis 2s vaeatae county, commencing on the..............day of
SO vielenei nie eared bE , 188.., and continuing............ccce ce ee eee c eee weeks.

INSTRUCTORS AND LECTURERS.

 

 

TEACHERS. LECTURERS.

 

od Davids delerininenersvaia-e-eieiwrere CONGUCHOR Sissies sé. ies caw eeees eens 4s uaweneie
Meridien Nese ween Se RE Oe UnstructOrsls seins cs ccnwasawege see conse aaccseid nau
me be

Bo eacdse ewe eerece aca eee Eas PRS SRNR ww Re) aioe eapege ara et RSs a Ss or Sw erate raced were

17
130 BLANK FORMS.

 

 

 

 

 

 

ATTENDANCE.
| MALES. | FEMALES.| TOTAL.
Whole number enrolled ............... | Os Acoletih sae Space yoko OES GS bee, eeteta ss
‘Total average attendance. .............1. se eeeeeee | Be yeaa laes la | fies WON raised
Dr. INSTITUTE FUND. Cr.

 

 

On hand at date of last insti- INSTRUCTORS
weet AND LECTURERS.

tute report........... oe
Examination fees received and
paid to county treasurer....|..../..|3
Registration fees received and
paid to county treasurer... |,...|..
State appropriation received
and paid to county treasurer|....|..|.
County appropriation received
and paid to county treasurer]....|..

 
 
 
 
 
 
   
 
     

Uiitercraias a ING Gimers wae Dace ‘ : OXPENSES .... ....s cere ee eeees
scate teoraue Satevat o'e'e sibrs-e'd geass tious S ...|../Unexpended................08-

 

 

 

 

 

 

County Superintendent.

Nore.—The report of the institute fund should show the total receipts
and expenditures since the date of the Jast institute report. ‘The debit col-
umn should contain the amount on hand as shown by the last institute re-
port, plus all subsequent receipts. The credit column should contain the
total amount expended since date of last report, plus amount on hand at
date of present report. 7

The examination fees must be equal to as many dollars as there are appli-
cants for certificates.

The registration fees must equal the whole number enrolled.

Give the total incidental expenses, making but one entry.

The totals in the debit and credit columns should in all cases be equal.

A duplicate of this report will be required as part of the annual report of
the county superintendent; it is, therefore, necessary that county superin-
tendents preserve the items to make this report.
BLANK FORMS. 131

NUMBER 32.
Form for Revocation of Teacher’s Certificate.
[Section 1771.]

OFFICE OF COUNTY SUPERINTENDENT,

suaislamateinaerene-e a ah a4 abr 6 COUNLY 5. i's chuwinmanareeaee'e 34 188
To the Boards of School Directors in the county Of.........ce-ecececeveee , and

State of lowa:

WHEREAS, On the............ GAY OL ...casedivaget sees ss , 188.., a certificate
was issued authorizing..............ccseeseeeereoeeees to teach in the public
schools of this county; and,

WHEREAS, Upon due examination, of which the said....................
received personal notics, and was permitted to be present and make........
defense, it appeared that the said......................00. in consequence of

{here state the offense—gross immorality, for example), is unworthy longer to
retain the same.

_.Now, therefore, in pursuance of the provisions of section 1771, of the
school laws of the state of Iowa, the said certificate is hereby revoked, to
take effect from and after the date hereof.

County Superintendent.

NoTe.—A copy of the above revocation should be transmitted to the sec-
retary of ‘each district, and the secretary should immediately notify each
subdirector in his district of the fact. The teacher should’also be served
with a copy.

NUMBER 33.

Furm for Certificate to the Board of Supervisors of the Tax Determined by the
Board of Direct srs.

{Section 1777.]

ov Rela es piste inward ee weiss ds , 188.
To the Board of Supervisors Of... .cccseeceeesaes county:

I hereby certify that a tax Of...............0006 dollars was this day deter-
mined by the board of directors of the district township of.... .........
in the county Of ............eceeeeees , and state of Iowa, for the contingent
fund, and... so siseseawwineainwes ve dollars for the teachers’ fund, as provided

in section 1777 of the Code.

i re i eid

Becvetary),
132 BLANK FORMS.

NUMBER 34.

Form of Certificate to the Board of Supervisors of Tax Voted by the District
Township.

[Sections 1777, 1778.]

!

To the Board of Supervisors Of......0...ee000. county, Iowa:

I hereby certify that at a meeting of the electors of the district township
Oli osarneiniaeteeserne , in the county of .......... ..... , and state of lowa,
held on the second Monday in March, 188..,ataxof............ dollars was
voted for school-house purposes; and that this tax has been apportioned by
the board of directors among the subdistricts as follows:

Upon subdistrict NO. 1,... 0... cece ec e eee e nee er ee enens dollars.
Upon subdistrict No. 2,........... ccc ee ce were cere nen een dollars.
Upon subdistrict No. 8,....... ccc cee c cece ese e ase n veces dollars.
Upon subdistrict No. 4,......... iaivete hie winakelnaiis eaueueed dollars.
Upon subdistrict No. 5,........... cece cece cent eeereeeeees dollars.
Secretary.

Note.—All school-house taxes voted by the district township electors,
must be apportioned among the subdistricts. Section 1778.

NUMBER 35.

Form for Certificate of Tax Voted by a Subdistrict, and not Granted by the
District Township Electors.

{Section 1778.]

I hereby certify that the electors of subdistrict No......... in the district
township Of................0 eee , at the last annual meeting, voted to raise
the sum of........... «66. dollars, for school-house purposes, more than was

granted by the electors of said district township.

Secretary.

Notrge.—The subdistrict electors may vote a tax for school-house purposes
and certify the same to the district township meeting. Form 5. Whatever
portion of this sum the township electors neglect or refuse to grant, must
be certified to the board of supervisors to be levied directly uponjthe sub-
district making the request. Section 1778.
BLANK FORMS. 133

NUMBER 36.

Form for Notice from the County Auditor of the Amount of Semi-annual Ap-
portionment.

{Section 1782.]

OFFICE OF COUNTY AUDITOR,

Sir:—You are hereby notified that according to the semi-annual appor-
tionment made this day, as provided by section 1781, Code, the sum of......
dollars is due the district township of .................-. 000. , in the county

OL csiessiear Gis Beteetees , and state of Iowa, for which I hand you here-
with my warrant on the county treasurer.

Ce wee eee ewer near ee eeeee

County Apigitone

Notr.—This warrant must be signed by the president and countersigned
by the secretary of the board, to authorize payment of the amount named
therein upon presentation by the district treasurer.

NUMBEB 37.
Form of Certificate of Election of County Superintendent.

[Section 1783.]
OFFICE OF THE COUNTY AUDITOR,
whlar oe cewtesvawnaelntan gieree cety COUDLY, viis.cic's essen ceeaviess 1885.0
I hereby certify that........... cc... cece cee was elected to the office of
county superintendent, for the term commencing January.......... , 188..
His post-office address is................ , Lowa.
County Auditor:

Notz.—This certificate should be forwarded to the superintendent of pub-

lic instruction immediately after the result of the election is Officially deter-
mined.
134 BLANK FORMS.

NUMBER 838.
Form for Certificateof Qualification of County Superintendent.
[Section 1783.]

OFFICE OF COUNTY AUDITOR,

Se oe ee ialsiesioideo oan SCOUNELY 5.5 deja: tecen.daynecceteg LOB. 4
I hereby certify that.........---....54- end aay e6s has duly qualified for the
office of county superintendent, as required by sections 675 and 678, Code, for
the term commencing January ..........--.+6. , 188..
His post-office address i8..........0ceeeerseeeeecrene , Lowa.

Deere ewe e rere ee wheres eearencg

County Auditor.

Nore.—This certificate should be forwarded to the superintendent of pub-
lic instruction as soon as the qualification and bond is filed in the office of
the county auditor, after such bond has been approved by the board of

supervisors.

NUMBEB 39.
Form for Notice from County Treasurer of School Tax Collected.
[Section 1785 ]

OFFICE OF COUNTY TREASURER,

Sue RAe a are aie Sia 5 eee oaiees é sateie dines vies « e COUNLY 4 sisieiea srdicsiaisces os1e5 188
NOs ssttaie he Sows eghocaeenes tees , President of the Board of Directors of the
District Township Of. .... ccc ccc ee ceeecnccencenceet

You are hereby notified that the amount now collected and due the dis-
trict township Of.............-. ec eeeee ge AM faiaariceaad sae sete Bae Sais + ...-county,
Iowa, is:

D ieee cacasesetereunne ..... School-house fund.

$5 sctiei ecaiae ese ee ees contingent fund.

G cneiianaiaain s seacelae teachers’ fund.

eee ee +

County Treasurer.

« Norz.—It is the duty of the county treasurer to notify the president of the

board of each district, quarterly, of the amount collected for each school
fund and pay it to the district treasurers on the warrant of the presidents,

countersigned by the secretaries.
BLANK FORMS. 135

On the first Monday in April of each year, the county treasurer also ren-
ders a statement of the amount of taxes uncollected in each district town-
ship. Section 1784.

The treasurer is required to pay over the amount of each fund collected,
monthly, to independent districts, on the order of the board.

NUMBER 40.
Form of Notice Permitting the Attendance of Pupils from Adjoining Districts.
(Section 1793.]

Tes ssa Sdeielseswye ss anes cee vou bees Secretary of the Board of Directors of the
District Township Of....... ccc ccc ee eeeeceen er eead
Notice is hereby given that................ cc ccc ccc cece cere cseee seseeee
ANG slices bin wesid@ baste ieee , pupils residing in the district township of
olson g Qua tare er ereianenayate G's alae as , have been granted permission by the board and
county superintendent to attend school in subdistrict No....... , in the dis-
trict townsbip Of..............ccceeeeee seevece , commencing on the........
ay Ofisacasess ss cece vewes , 188.., for a term of............ months.
Dated abs icisaisianan merece sae aee suites 4 eas i
ice wiecate Selmneian 4G 2s wale NE eee . 188.. Fp Weeddeas Se LY Bip kW arden ote mavete
President.
ah aii aioree Save tad aceemuare eae ;
Secretary.

Notst.—By section 1793, when boards cannot agree on the attendance of
scholars in adjoining districts, they may attend, if the other conditions of
the law are fulfilled, by permission of the board where they wish to attend,
and the consent of the county superintendent of the county where they re-
side, but tuition can be collected only from date of the official notice.

NUMBER 41.
Form of Application for Appoiniment of Appraisers of School-house Site.
[Section 1827.]

DO nc ginties adios ew eeey , Superintendent Of.......0..c.0008 county, Iowa:

In accordance with the action of the board of directors of the district town-
SHIP: OL ss:sisin'ssisicle'e o! titewiecenecrsaiaapine'eio , you are hereby requested to appoint
three disinterested persons to inspect, and assess the damages which the
136 BLANK FORMS.

owner will sustain by appropriating for school purposes, the following de-

scribed real estate, ViZ.: 2... cece eee e ccc ween cern cece nee ecees 66ns Kw SES sec
Dated :ats.csiccsascvscs s saat wweiss c's ‘
pkakiair ranesicosaaeeaehetoue ety 180)
Mie edns Gane wee ee nee eeeae ;
President
Wb SAS BAS ARG Sade wei nse ‘
Secretary

NUMBER 42.
Form for Appointment of Appraisers of Site for School-house.
[Section 1827.]

DO iccespdabiiaeaesieds SsGig use Ban's auateeaea classe ostsereananele IE sisi souiay Sa) symiafaverniors avalore sane

You are hereby appointed and constituted a board of appraisers, under
the provisions of section 1827 of the Code of Iowa, to assess the damages
which the owner will sustain by the appropriation for school purposes, of

the following described real estate, VIZ io... cece cece eee eee cent ee en ees
in subdistrict No...... , of the district township Of............ ccc cee e eee r
in the county Of.......... 2... c ccc e eee cence eee , and state of Iowa, contain-
ing one acre of land.

You will therefore, on the... ........ GAY OB eis ci Satcciee sien tae yeas , 188..,
Abi cae o’clock....M., proceed to examine the real estate above described,

and assess, under oath, the cash damages which the owner will sustain by
the appropriation of said land for school purposes, and immediately there-
after report to me in writing the amount of said damages.
Dated at............6. Sidisaerandincbve niel@vene ‘
Media ates ch eda seas aes , 188.. iidaettuanleahend meaghaaiianss
County Superintendent.

Oath of Appraisers.

Wee oversee eas bie eee ae Ged ge ANG isscinncrauies shavane Byes eers rays Sa wee -
do solemnly swear that we will well and truly, and to the best of our ability
perform all of the duties imposed upon us by the foregoing commission.
BLANK FORMS. 137

Subscribed and sworn to before me by ........ ....... Seiesumeecsaeae ;
ANG jcecenwedwadies , this.... day of ............ , 188.

ee ee

Note.—Sufficient time must be allowed between the appointment of this
commission and the time set for appraising the damages to give the owner
legal notice thereof. See note (a) to section 1827.

NUMBER 43.

Form of Notice to Owner of Real Estate of Appointment of Appraisers.
[Section 1827. |
D0 es ost etn mas ube naccie i wlalniupacraneos county, Iowa:

You are hereby notified that I have this day appointed appraisers to assess
the damages which the owner will sustain by the appropriation for school
purposes, of the following described real estate, Viz.: ........ cc cece eens

eee ee we eee mat ee Heer een renee meee eee earn renee CHO Oren e HEH eres SER EE EES
Ce ee ee

PC m mmm rt meee ree Saree eae e ener ern e nen saree asso en BH etn meee ae OHO es HH eens eareee

Of sejieeces xeecaees , 188.., at...... o’clock .. M., and assess said damages as
provided by section 1827 of the Code of Iowa.

Dated abreccscccsews sie nea os +

i sisd saininssayeroveie ees , 188..

ee ad

18
138 BLANK FORMS.

NUMBER 44.
Form for Report of Appraisement of Property for School Purposes.
{Section 1827.]

LO sie chee tease , Superintendent of ............ county, Iowa:

We, the undersigned, having been appointed to appraise the damages
which the owner will sustain by the appropriation, for school purposes, of

the following described real estate, ViZ.2 6... cee cece cece cece eect eens eee alas
do hereby report that we have on this....... Cay Of 2 3 ose scaecene -, 188. ,
carefully examined said described real estate, and have appraised the dam-
BPOS Abieies cs cic canuan aie dollars.

Dated ats voerssavseaese ;

beara, ase Rta gad ase , 188.

t Appraisers.

 

NUMBER 45.
Form of Notice of Assessment of Damages.
[Section 1827.]

LO ion giitie ews eae gc eialaeteeie te Eker gewuseeed county, Iowa:

You are hereby notified that appraisers were appointed to assess the dam-
ages which the owner would sustain by the appropriation for school pur-

poses, of the following described real estate, viz.: .. cence cece e nena wenn arene
and that said appraisers met at said premises on the.... day of.......... a
188.., and assessed said damages at ............. dollars, as shown by their
report on file in my office.

Dated at ................ ‘

WisaRRSG Same ies , 188,

County Superintendent.
BLANK FORMS. 139

NUMBER 46.
Form of Affidavit of Appeal.
(Section 1830. |

STATE OF Iowa,
Beeler county. \ a
DIsTRICT TowNsHIP OB ie. a) weediege \
Ts eauyeaes Suku dues cabins arnt , being duly sworn, on oath, say: that on
the is wavs Day Of wisiae secs cd saeeusses , A. D. 188.., the board of directors of

said district township rendered a decision (or made an order) whereby (here,
state facts showing affiant’s interest in the decision, and theinjury to that interest);
that said board in rendering the decision (or making the order) aforesaid,
committed errors as follows: (Here state the errors charged.)

ee ee oe

Peace meee were ence nee ereseee

NUMBER 47.
Form for Nottce of Appeal.
[Section 1832.]

STATE oF Iowa,

ssiyeipilicteseD tee db he Samual county. sp

You are hereby notified that ..................eeeeees has filed in my office
an affidavit alleging that said board of directors, on the. ....day of
A. D. 188.., made a decision (or an order) whereby (here describe the decision or
order so that the secretary may identify it), and claiming an appeal therefrom.
You are therefore required within ten days after reeeiving this notice, to
file in my Office at......... cece eee eee oes Sees , in said county, a complete
140 BLANK FORMS.

transcript of the record of the proceedings of the board relating to said
order, together with copies of all papers filed with you pertaining to said
action appealed from.

DateGat. cacec woes icccncnecce teases 5

em m te mem meee ee rear ee scans

County Bunerintoniiout.

NUMBER 48.
Form of Cerlificate to District Secretary’s Transcript.
[Section 1532. }

Wola hae Sates nied he eee ET , Secretary of the board of directors of the
district township of .................. , in the county of........... ......85
Iowa, hereby certify that the foregoing is a correct and complete tranaedint
of the record of all proceedings of the board and of all papers filed relating
tO ThE CASE: «2s bec as setiece new cena Ws, iss sdveg! suiksieuaye Baieateunie

Dated Abie scsi eis ince ieee sees ;

Notr.—The secretary’s transcript will contain:

1. A copy of all that portion of the records of the proceedings of the
meeting, relating to the action appealed from, with the date of the meeting.

2. A copy of each petition, remonstrance, plat, or other paper relating to
said action, submitted to the board; to which will be annexed the above
certificate. 7

NUMBER 49.
Form for Notice of Hearing of Appeal.
(Section 1833.]

STATE OF IowA, 38
aechstara:tvtia ea Sai a ayaa a tana county
ised saw aaa cans I
DisTRicT TOWNSHIP OF ............
EO esas sdwie'e: ewe Bee cds sews eae eae veeie ewe ae

You are hereby notified that there is file in this office a transcript of the
BLANK FORMS. 141

dita denracnmictdae Ware) , at a meeting held on the........day of.............06.
188.., in relation to (here describe the decision or order appealed from), toni
which appeal has been taken; and that the said appeal will be heard before

MO. Ab iisis sieisine cals eietemeete , in said county, on the...................6. day of
See ee ANG saanw eas ,188.., at............0’clock... ......M.

DRO. Ab sscciss eines sg wes Sor adase secs ;
bie Reade hea eth 3 cena eahetate 7 , 188..

County eaniniontong:

NotTe.—The appellant, the president and secretary of the board, and other
parties known to be interested, should receive a copy of this notice.

NUMBER 50.
Form of Certificate to County Superintendent’s Transcript.
[Sections 1832, 1835.]

Dy as ae ey tee awnaines exe vs cinerea , Superintendent of ........ ......eeeeee
county, Iowa, hereby certify that the foregoing is a correct and complete
transcript of the records of all proceedings had, evidence given, and papers
filed in my office, and my rulings thereon; also of my decision in the case

sig Sei ptapaiein otie: a! lahe tans wiatoremvearage’e Dia: wining eins aiiaialo aie) Wie ed. a Galdhlste’e'e's
Dated at........ hisaisiarolaw ere ieeae 25
SUachaceieucenstine eases sveeg 18Bi

Peewee ene e ee wee re ew areas oon srees

County Buperiatentiond:

Nores. (a) The date of filing every paper should be indorsed thereon;
also in the case of motions, orders and rulings of the county superintendent.
All oral motions and evidence should be reduced to writing.

(b) The transcript of the county superintendent will consist of a literal
copy of every paper filed and all indorsements thereon, together with a copy
of all testimony given; the whole arranged in chronological order closing
with the decision of the county superintendent in full, with the above-cer-
tificate annexed. See notes (c) and (d) to section 1834.
ERRATUM.

After section 8, to chapter 167, laws of 1882, as printed on page
95, add the following:

Src. 9. The board of examiners shall keep a detailed and accurate
account of all moneys received and expended byjthem, which, with a
list of the names of persons receiving certificates and diplomas, shall
be published by the superintendent of public instruction in his an-
nual report.
- INDEX.

ACCOUNTS—
District treasurer shall keep ...............cceeeceee see cae
County superintendent should keep ................00 eee
County auditor shall keep........... .. eR ESSee Awe Says
Secretary sbalL Rep. 4.6 en sipe seine sevens 6 ibe va eet eisisien Hanne
County treasurer shall keep

APPARATUS—

Board of regents may purchase ........... .66 ceeeceeareeens
No debts shall be contracted to purchase .................66-
Unappropriated contingent fund used to purchase
APPEALS—
Who may take, and when taken
Amidavit; DASIs Of: eek cect casi tiah essa aieenieeen aniee beens eae
Affidavit shall set forth errors ........... ccc cc cece cece ee erens
County superintendent to notify secretary
Secretary to send up transcript
Interested parties to be notified. .......... cc cece cece ee cee wees
Testimony heard and decision rendered.............-ecseeees
To the superintendent of public instruction
Judgment for money not to be rendered
Postage paid by party taking appeal

BARBED WIRE (Chap. 103, Laws of 1884)—
Shall be removed from school grounds.... ..................
Shall not be used enclosing school grounds
Penalty for failure or neglect to remove

BIBLE—

Shall not be excluded from any school......................-
No pupil required to read, contrary to parent’s wishes

BLIND PERSONS—

Of school age, reported to county superintendent annually ..
Must be reported annually to Iowa college for blind

meee rene nt eeoes

beeen eee

SEC. PAGE.
1747) 35
176947
178154
1782 55
178455
1597 8
1729-26
1729.26
1829. (77
1830 =78
1831 78
1832 8678
1832-78
183379
1834 79
1835 =80
18386 — 81
1886 = 81

1 96

2 96

3 696
1764 244
176444
1745 4
1775 = 50
144 INDEX.

SEO. PAGE,
BOARD OF DIRECTORS—

Continue to act when district is divided ....... Wages ean es 171518
Divide assets and liabilities.............. 0. cee cece eee - 1715 = 18
Choose arbitrators in case of disagreement .................. 1715 13
Call special meeting of electors, when......... inh BERG eee 17174 16
Consist of three subdirectors, when ..... a nisie Weed me oeeee 1720 «18
Consist of subdirectors of the several subdistricts........... 1721-19
Enter upon duties at regular meeting in March........... .. 1721 «19
Organize by electing president from own number............ 1721 19
President simply entitled to vote as a member............... 1721 «19
Elect secretary and treasurer at September meeting......... 1721. «19
Secretary and treasurer chosen outside the board, when..... 1721 (19
Secretary and treasurer have no vote, when..............0085 1721.19
Hold regular meetings in March and September............. 1722-20
Hold special meetings on caJl of president or request of board 1722 20
Hold meetings at any place in civil township................ 1722.20
Shall-make contracts to execute vote of district ............. 1723 =. 20
Must consult superintendent before erecting school-house... 1723 20
‘Proposals and contracts must be advertised for, when....... 1723 = =—_20
Require bond for performance of contract ...........6 .seeee 172320
Choose site for school-house ...........-.sesseeeeeeceee ceeee 1724 22
Determine number of schools, and duration ....... ......0.+ 1724 = «22
Determine where pupils shall attend school.................. 1725 2B
Divide districts into subdistricts when necessary............ 1725-28
Create no district for less than fifteen pupils of school age... 1725 28
May rent room and employ teacher for ten pmpils............ 1725-23
May establish graded schools ....... .. ccc ees e eee eee erences 1726 8=24
May select superintendent of schools of district.............. 1726 =. 24
One or more schools must be taught in each subdistrict... . 1727 25
Required to provide a school in each subdistrict............. 1727)
Must provide for one or more schools, for at least six months 1727 25
Released from obligation by county superintendent ......... 1727)
Not to change text-books oftener than once in three years... 1728 26
Electors may authorize board to change text-books.......... 1728-8
May use unappropriated contingent fund to buy apparatus.. 1729 26
Shall contract no debts for apparatus ...............-.eeceeee 1730.26
May appoint temporary president and secretary ............. 1730-26
Fill vacancy in the board or its officers...............c.cecaee 1730 = 26
Require secretary and treasurer to give bond................ 17381 «(27
Bonds to be filed with the president.... ..........sseeeeeeee 1731027
Examine accounts of treasurer and settle with him.......... 1732 = 27
Present statement to district township meeting.............. 1782 = (27
Audit and allow just claims..............ce cee ccee ecco erene 1733-28
Fix compensation of secretary and treasurer. avy aidyiba waters ay Ba 1738 = 28
Draw no order until claim is audited and allowed ........... 1733.28

Visit schools of their district, and aid teavhers.... ........ 1733.28
INDEX. 145.

8EC, PAGE
BOARD OF DIRECTORS—ConrTINUED—
Assist in enforcing rules and regulations .......... * seein 1734 =.28
Discharge teacher after investigation...-........cceseeeeeeee 1734 28
May dismiss or suspend pupils...  ........ceseee eee e essere 1735-28
May re-admit pupils after suspension..............e.eeeeeees 1735 = -29
Require secretary to certify election of school officers........ 1736 = 30
Make rules to govern subdirectors.............-eseeeeceeseee 173730
Majority of board &@ QUOLUM ....... cee cece cece cence tees 1737 30
Certify no tax after third Monday in May.................... 17388 31
Majority vote required to change boundaries of subdistricts. 1788 31
Members, except secretary and treasurer, receive no pay..... 17388 = 331
President of board, duties of........ .. Leaalgoudie marines eves 1739 81
President shall act as counsel in suits.............ce ee ee ences 1740 = 332
Secretary shall act as counsel in suits, when............... .. 1740 82
Counsel may be employed by OAD Scotus Gabeterdos cue .. 1740 = 82
Proceedings of, to be recorded by secretary.................. 1741 82
Secretary of board give notice of district township meeting.. 1742 33
Secretary of board shall keep accurate accounts............. 1743 33
Audit accounts presented by secretary...........0... cesses 1748 33
Secretary to notify superintendent when schools begin ...... 174484
Secretary must report to superintendent annually.:......... 1745 = 84
Secretary’s report, what it shall consist of ......... altergme oes 1745 334
Penalty for failure to file report............ ....cce ceesenece 1746 35
Treasurer of, shall hold all moneys belonging to district..... 1747 85
Pay funds on order of president, countersigned by secretary. 1747 35
Keep account of moneys received and paid out.............. 1747-35
Keep separate account with each fund...,........... ..e.00. 1748 = 36
Pay no order which does not specify fund and object ........ 1748 = 36
Make partial payments on orders ...........0..0008 ate stotee 42/5 1748 = 36
Receive money apportioned to district..............0c.ee0e- 1749-386
Receive district school tax...........ccecceeseree seucscccces 1749-336
Register orders on district treasurer............... cee ee eens 1750887
May require statement from treasurer...............0s0eceee 175187
Limit subdirector in making contracts .............cccreeace 1753 38
Responsible for township on contracts.............. aaibeluinnten 1753 38
Must have languages taught, when .................cceseaees 176344
County superintendent not to be a member of................ 1765 45
Estimate amount of teachers’ and contingent funds ......... W777 OS
Apportion school-house taX......0.6..-ceescesceeeccececeueee 1778 52
Satisfy judgment with order... 1.2... . cece cece cece ce eceace 1787 «56
Must qualify on or before third Monday in Marchi SS os, Vsoulele 179057
Have no jurisdiction over independent distriets.............. 1792 = 58
May admit pupils from adjoining districts............ iieteiorieis H93-— 58
May, with consent of county superintendent, admit pupils .. 1793 58
Notify board of adjoining district, when.......... Bae aarti 1793 58
Fix terms of tuition, When.... ....ceccceccceesscccecace eaeee 1794 60

19
146 INDEX.

SEC. PAGE.
BOARD OF DIRECTORS—ContTINvED—
Divide district into subdistricts, and change boundaries..... 1796 60

Cause description of subdistricts to be recorded ............. 1696 60
May consent to attach territory to adjoining township....... 1797 61
May restore territory ..... cigs dione aie hi alata fe cle See oreie o aletewieiaian irate 1798 = 62
Must restore territory, WhEN........ .....00 cece cece eneseens 1798 = 62
Establish boundaries of contemplated independent district.. 1801 68
Give notice of election of directOrs............ccccscceescenae 180264
May concur in change of boundaries.............cceseceeveee 1809 67
Submit question of consolidated organization ............... 181470
Make settlement under sections 1814-1819........... ccc eseee 1820 78
Shall deposit amount of appraisement... ................- -. 1827 976
Shall pay costs of appraisement............ ce seeeeeeeeeenaes 1827 76
Provide for payment of bonds (Chap. 132, Laws of 1878)...... 2 8
Shall cause trees to be set out (Chap. 23, Laws of 1882)....... 1 92
May insure property (Chap. 149, Laws of 1852) .............. 1 93
Must have effects of stimulants taught (Chap.1, Laws of1886) 2 97
May change boundaries, when (Chap. 62, Laws of 1888) ..... 1 100
BOARD OF REGENTS—
Governor president of.......... sé iadisies oreiewdlewnneeeainan< siese ac 1587 8
Superintendent of public instruction member of.... ....... 1587 8
One member from each congressional district..............6. 1587 8
Jepartments determined by....... euidb avails giaiiosawmaveueaya iaioinewads 1589 8
May confer degrees ...........-eceeee sae wees Ave Sees 1589 8
Make laws to govern UDIVersity........600 cc eesee cree sneeee 1596 8
Appoint president and profeSSOrs..........cceeeceresceeccee: 1596 8
Fix salaries and tuition fe€8 ........cccsceeces cece seeecseees 1596 8
Remove officer when required.......... ccc cc esenseseesenccees 1596 8
Purchase library, apparatus, €tC ..... cc ecscee ec ee sees eeereeee 1597 8
Report to superintendent of public instruction .............. 1601 9
Report of, what it shall contain..........6. ceeseeseue ebeiaco ewe 1601 9
BONDS—
Re quired for performance of contract...... Pislsconiinardareeceis 1723 -®#
Secretary and treasurer tO Give ......... cc sec eee ee evecsteeeee 1731 027
Filed with president ..............-. seu! Pasiheneseace aieiotard’a 1731027
Independent district may issue, for erection of school-house. 1821 73
Rate of interest On......... cece sce ce ee ceeeee as shais sane eee 1821 «73
Electors to vote on question of issue....... Soearesee sialeleieanrnens 1822 = 74
Denomination and time....... AbVE Gd EU ESS UREN TWA saree RTE 1822 74
Treasurer to negotiate at par...... Seas ee eee Saiaeeagatncis 1822 74
Principal and interest, how paid ...........cececseeeceees +... 1828 74
Trustees of,county high school must give...........sceeceees 1699 9
Treasurer.of county high school give additional............ 1704 #$U

Treasurer of normal school must give (Chap. 129, Laws 1876). 4 83
Trustees may require of other ¢ fficers (Chap. 129, Laws 1876), 4 8
INDEX. 147

SEC. PAGE.
BONDS—ConrTINUED—
Any district issue for indebtedness (Chap. 1382, Laws of 1878) ] 85
Form of, and other requirements (Chap. 132, Laws of 1878) .. 1 85
Any district issue for indebtedness (Chap. 51, Laws of 1880) 1 90
Form of, and other requirements (Chap. 51, Laws of 1880)... 1 90
Board of independent district refund (Chap. 132, Laws of 1880) 1 91
Rate of interest and other conditions (Chap 132, Laws of 1880) 1 91
Treasurer to sell (Chap. 182, Laws of 1880)... ... ........60 2 91
Time to run (Chap. 132, Laws of 1880).............eceeseeeeee 3 «(Oh
Form and other requirements (Chap. 132, Laws of 1880)...... 4 91
Provisions for pay nent (Chap. 132, Laws of 1880)... ........ 6 91
BOUNDARIES—
Of subdistricts may be changed...............ceeeeeeeeeeeeee 1796 60
Plat filed with county officers. ............ cece ee cee se en eeces 1796 60
Of independent district may be changed .................... 1809 67
Of indepencent districte, changed.............0.-: ee cee eeeee 1814 70
Of independent districts, changed (Chap. 133, Laws of 1878..) 1 86
Of independent districts, changed (Chap. 62, Laws of 188S).. 1 100
BOARD OF SUPERVISORS—
May submit question of establishing county high school..... 1698 9
Appoint trustees of county high school..................2005 1699 9
Fill vacancies in trustees of county high school ........... - 1711 12
Allow eompensation of trustees... .......... cece eee eee eens 171212
Pay tuition of children in poor-house (Chap. 166, Laws of 1878) ] §8
Levy tax to pay bonds, when (Chap. 132, Laws of 1880) ...... 6 91
County superintendent not to be a member of ............... 1765 945
Provide place for examination of teachers................... 1766 45
May appropriate sum for normal institute ................... 1760 3947
May grant county superintendent additional compensation.. 1776 51
Lev taxes for school funds.............0e.eeeeeecceee seoees W777
Levy tax on subdistrict, when ..............eeseeee eieleviaenipas 1778 = 52
Levy county tax of from one to three mills.................. 1779-58
Limits of taxes for school purposes....... ....ccecsccesesces 1780 = «54
Levy tax to pay money borrowed from school fund.......... 1788 = 57
Shall not divide school district, when....... .....ccceeesseee 1799 62
Levy tax for independent district just organized..... ....... 1804 = 65
COMPENSATION—
Of secretary and treasurer..........ccs cece cc wreccssacccerens 1733.28
Members of board may not have...........cceecce eee cevcece 1738 = 31
Ob TEACHES: oss sishgeste ne sie eadaiswinend daa: s sial oa canon Greeeeend< 1757 41
Of county superintendent .............e cece cece eeccecceeeees 177651

Of appraisers Of Sit©......... ccc cece eect e cece cece ees cnes - 1827 76
148 INDEX.

SEC. PAGE.
CONTRACTS—
Board to make, to execute vote of district... ...... dsoaltases 1723-20
Subdirector to make, under rules and restrictions........... 175338
When made by subdirector, must be approved by president... 1753 38.
Teachers’, must be in Writing.............ee scene ee cee eee ee 17574
Secretary or subdirector and teacher to sign .............. pe. 175741
Approved by and filed with the president .................... 1757 41
Copy also filed with secretary ...........cseececeee ee ae een eee 1757s 44
COUNTY AUDITOR—
Superintendent to file statement with, of time employed.... 1776 61
Make semi-annual apportionment............. deisies visbd sudeisas 1781 54
Notify presidents of apportionment; issue warrants for same 1782 55
Certify election and qualification of superintendent.......... 1788 55
Forward certificate to auditor of state.................00005. 178355
Deduct cost of tuition from semi-annual apportionment, when 1793 _— 58.
Record plat of districts ................ Balke aw swe Sine scteneaanavenes 1796 ~—s- 60.
COUNTY HIGH SCHOOLS—
Object of establishing ...-..- ......e cece ce cece eects wees enone 1697 9
County, with a population of 2,000 may establish............ 1697 S
Board of supervisors shall submit question of establishing... 1698 9
Votes for or against, how canvassed..............0e.eeecueee 1699 9
Board of supervisors appoint trustees ............ ....... 0. 1699 9
Bond and oath of trustees .......... cee ete ce eee e ere ceeennes 1699 9
County superintendent, member of board ................066 1699 9
When and how trustees are elected .......... ccc cs ec ccccres 1700 ~=— 10:
Terms of office of trustees.............06 ceoee pennies tiers 1700 =: 10
County superintendent president of board......... ........+ 1701 = 10
Secretary and treasurer appointed from board............... 1701 = 10
Trustees shall make estimate of funds needed............... 1702s 10:
Trustees shall present estimate to board of supervisors..... 1702 10
Tax not to exceed two mills and five mills ...... Siac shaye 1702 = 10
Tax for, how levied and collected......... ala terGictereia che Scai wo aus 1703S 10:
Tax to be paid to treasurer of county high schoo .......... . 17038 =10
Treasurer to give additional bond................sceececeseee 1704 39610
Duties of treasurer ............cceceeceseeceenenee arena ieevey eave 1704 =10
Secretary and treasurer to keep accurate account............ 1704 = 10
Statement to be made, when ...........ccc cece cscecereceseere 1704 =
Board to select site for high school..............cecceassevese 1705s 11
Site to be without expense to county............cceceee coece 1705 sil
Board to make purchases, contracts, etC........ce-ssececnecs 1705s 1
Board to employ teachers................... aes s Hah wie wis oe 2 1706 «11
Board to provide for payment of salaries .............e00000- 1706—Ss I
Model schools to be encouraged. ..........cceeecesereucrenees 1706S
Tuition free to residents of county .. . .... eect aseeeuc eee 1707
Apportionment of pupils ........... ccc ee eee eee eect ener ees 1707.—s il
il

Pupils from other counties may be admitted................. 1707
INDEX. 149

SEC. PAGE,
COUNTY HIGH SCHOOLS—ContTINUED—
Refractory pupils may be expelled .... ..........., ee eee eens 1709 #812
Rules and regulations for, how made.............. ssseseeeee 1709 12
Trustees to make annual report to board of supervisors..... 1710 12
Copy of report sent to superintendent of public instruction.. 1710 12
Board of supervisors may fill vacancies........... ........5. 1711 12
Compensation of members of board of trustees ............. 1712.12
COUNTY SUPERINTENDENT—

Kecommend plans for school-houses .............+20sseceeees 1723.20
May release boards from obligation to have schools taught... 1727 925
May require teacher to record matters designated............ 1734 §=28
Notified when school begins. ............. ccs eeeeeer ee ecencee 1744 84
Receive annual report from secretary..............-.eeeeeeee 1745 34
Receive annual report from treasurer.............. sees esas 1751 37
Grant certificate to teach foreign languages ........... ..... 1763 44
Not to be a member or officer of board of directors ......... , 1765 45
Not to be a member or officer of board of supervisors ....... 1765 45
Examine teachers last Saturday of each month.............. 1766 45
Branches in which examination is made, specified ........... 1766 = 45
May have assistant CXaMiNeTs .......... 0 kee ee eee re etree ees 1766 3945
May give certificate for special branches..................04. 176645
Must give certificate if examination is satistiactory.......... 1767 46
Examinations must be public............. cc cece eee e cece uence 1768 46
Keep record of examinations .............cccceseeeereecreees 1768 46
Hold normal institute annually ............... eeeceeeeee oe 1769 47
With concurrence of state superintendent procure assistance 1769 47
Require registration fe@......... 0. cee sce cence eeu ee ce cecvece 176947
Require fee from every applicant for certificate.............. 1769 47
Transmit moneys to county treasurer.............cccceeeveee 1769 47
Make report to couuty treasurer ..............2 ceee secceees 1769 47
Issue orders upon institute fund............... .eee.e5 eeeee 1769 = 47
May appoint deputy, who cannot visit schools or try appeals. 1770 48
May revoke certificate of teacher ................ccceceecceae 1771 48
Give personal notice of investigation ............... 2... ..0. 1771 48
Make annual report to superintendent of public instruction. 1772 49
File statement of number of youth with county auditor..... 1772 49
Penalty for failure to file report.............cccccececacrccese 1772 49
Conform to instructions of superintendent public instruction 1774 49
Visit schools on request ef board of directors ............... 177449
Report the blind, and deaf and dumb.... ................... 1775 50
‘COM pensation Ossi iissesigisrns cise ses gs save eueaaithr css ooees 177651
File statement of time employed ............ ccscceseeeseees 1776~— «5
Attach territory to another township, when ................. 1797 61
Appoint appraisers and give notice to owner of land........ 1827-76
Notify secretary to file transcript.............06 ceecccecucee 1832-78

Notify interested parties. ...............ccccccecscecccececece 183379
150 INDEX.

COUNTY SUPERINTENDENT—ConrTINUED—
Hear testimony and decide appeal..........-.cseeeeseee eens
Make provisions for institutes...........-.ccccee ceeceeneeee
Member of board of trustees county high school.............
President board of trustees county high school .............
Sex not a bar to the office (Chap. 186, Laws of 1876),.........
COUNTY TREASURER—
Disburse institute fund on order of superintendent... .....
Pay over all collected taxes on first Monday in April. ... ...
Keep separate account with independent districts ...........
Render statement of uncollected taxes .................0005.
Pay over taxes quarterly ..........6. 16 cee ee ee cece cece eens
Keep school-house taxes separate from subdistrict, when....
Pay taxes collected, to independent districts monthly........
Notify presidents quarterly, of tax collected for each fund..
Pay taxes to district treasurers on warrants ............... .
Pay treasurer of county high school taxes collected..........
COUNSEL— :
When president of board of directors may appear as.........
When president interested, secretary acts as ............04.-
When koard of directors shall employ..............ccec eee

DEAF AND DUMB PERSONS—
Of school age reported to county superintendent annually...
Must be reported annually to Iowa institution...............

DECISION— ;
Of board may be appealed from.... ........... seecseeereere
Of county superintendent final unless appealed from........
Of superintendent of public instruction final ...............

DISTRICT TOWNSHIPS—
Each civil township a school district....... ..... Sia ale
When left without officers, how supplied..................+.-
When divided, board act until next election ....... seecewheae
Respective boards divide assets.............cccceeeseccreeecs
Arbitrators chosen in case of disagreement................3-
Division of assets when independent districts are formed....
Corporate Name ssc aide viscaw ge-eeac ceded owes gous na eaneawe eee:
Hold annual meeting. ...... ... ec cece cece cece ne teeter eeaesees
Dispose of property, authorize additional branches..........
Obtain highways... s:s.sccesavicvvsssvesivecsves #6 mau cecans
Transfer of school-house fund ...........c:ceseceeseeersevens
Hold special meeting when necessary...........0:sesceeeveee
Suit to be brought in name Of........... ec cece eee ceeeeectees
Claims against, audited by board.............cscceeseseceeees
Bring suit if secretary fails to make annual report...........
Bring suit if treasurer fails to make annual report ..........

SEC. PAGE.
1884 71>
1584 T
1699 >
1701 10
1 8&
176947
1784 55
1784 = 55
178455:
178455
178455
178455»
1785 = 56
1785 = 56
170310
1740 = 332
1740 32
1740 32
1745384
1775 = 50
182977
1834 79
1835 = 80
171313
171413
171518.
71518
171513
1715613
1716 «14
171716
1717,—s«15.
11715
1717S
17174 = 16
17312
1733 28
1746 «35
1751 aT
INDEX. 151
SEC. PAGE.
DISTRICT TOWNSHIPS —ConTINUED—
Liable for tuition in certain cases..... ee tie Gada de point dale 1793-58
May be consolidated and organized as independent districts. 1814 70
May be formed from independent districts............... «+. 181571
DISTRICT TOWNSHIP MEETING—
Held annually on the second Monday in March.............. 1717 15
May appoint chairman and secretary..........0.cecesee cones 1717 15
Direct sale of district property.............. cece ene eee ee eees 1717) 15
Determine additional branches.................. eee eocseeenee 1715
Delegate foregoing POWETS........cccs ce er en ccec ere eeresuneee W717 «15
Vote tax for school-houses, sites, and libraries............... 1717 15
Transfer surplus school-house funds...........-.ceeseeseeeee 1717s 15
Vote of, executed by board .......... ceceee essence ee ereenes 1723 = 20
May authorize board to change text-books....... .... Fae e te 1728.26
Statement to be presented at, by board...............eeeeeeee 173227
Five notices, stating hour, posted by secretary........ eeaaes 1742 883,
Copy of notice furnished to teachers.... ............e eee eee 1742-333
May vote concerning control of school-house ............... 1753388
May vote that foreign languages be taught .................. 1763 44
Vote tax to pay judgment and other liabilities............... 1787 «56
Not to organize before 9 A. M. nor adjourn before 12 M....... 1789 = 7
EDUCATIONAL JOURNAL— :
State superintendent may subscribe for...................... 1581 6
ELECTION—
Special for AirectOrs. wesc sass ev sawecdewese ssc0 ca wawareessc'es 1714.18
For subdirect0rs .........cccecccecee seceeee seunseusecuseees 1718 «17
To form new city or town district........... cece e ce eeeeons 1801 63
FEOF GPC CCOLS ia issices-ccnneaies 2: Sikk sc pu mniole coansornac abce aetna aoe 1808 67
To form NeW districts, 66 06.6 seisesece aeesis's'e vine e same venrnesy ee 181] 68
For voting DOndS wise. ios tae ceeaeieee ee Gi vueesadooes oss 1822 74
For establishing county high school.................00eceeees 1698 9
Of trustees for county high school..............cc.ceceeeeeee 1700 10
EXAMINERS,—STATE BOARD OF (Chap. 167, Laws of 1882).
Of whom it shall consist........... ccc cece cece reece ee eeeees 1 94
When and where meet...............2.00000e gigi Gulsist <e'e'sle'e's 2 94
Rules and records.........ceeseccccccsseees dita ees ae ob eaves 2 94
POWOL OL DOBIG. 55 cissicesaiaincareietad so 0:b-006 3 4 nuda ctilneies sherseieee ce 38 «(94
Branches to examine candidates upon..........0002 seseeeeee 4 94
Certificate five years, diploma for life .............0eceeeeeees 5 95
Certificate or diploma may be revoked.............0ceee0. bie 6 95
Certificate or diploma must be registered .............eese0 7 95
Compensation of members of board ..............22 eececees 8 95
Shall keep and publish accurate account annually ........... 9 95
FEE—
Paid by every one attending institute................... 0008s 1769 AT
Paid by every applicant for certificate......................4.- 1769 = 47
162 INDEX.

SEC. PAGE.
FINES AND PENALTIES—
Of district secretary, for failure to report.................05. 1746 = 35
Of district treasurer for failure to report ....... .........0. 1751887
Of county superintendent, for failure to report.............. 177349
To whom they shall inre........... cece cece ener ee cee eeees 1786 = 56
Suit brought in name of district, when ...................006 1786 656
Suit brought in name of county, when................... w+. 1786 56
Suit brought by county attorney, when ........ .....eseeeeee 1786 ~=—«&6
Added to fund next used. ........... cece cess ect cee eerecees 1786-58
For misapplication of Money........... ccc eseeceeeceessseeee 1791 — «8
’ Of directors, for failure to make statement.................. 1813 70
FORMS—See Index to Forms.
FUNDS—
School-house, contingent, and teachers’, defined -............ 1748 = 86
Separate account with each, to be kept by treasurer ......... 1718 = 86
Fund and object must be specified in order ...... ........... 1748 = 36

Teachers’, and contingent, amount for, estimated by board.. 1777 51
Amount levied for school-house fund not to exceed ten mills 1780 64
Amount for contingent fund, not to exceed $5 per scholar... 1780 54
Amount of teachers’ fund, not to exceed $15 per scholar .... 1780 654
$75 may be levied for contingent fund, for each subdistrict... 1780 654
$270 may be levied for teachers’ fund, for each subdistrict... 1780 54

Permanent, interest on, apportioned.... ..........-...0.e00- 1781 ~—s«&4
Secretary to keep separate account with each................ 178285
GENERAL PROVISIONS—
School month defined .............ceseeee coerce ererceeee 2. 1761 = 48
Electors may vote that foreign languages be taught .... .... 17638 44
Schools must be taught in English...............sceeesaeeees 1763 44
Bible not to be excluded from schools... ......ee-cescecesees 1764 44
Pupils not required to read Bible contrary to wish of parents 1764 44
‘HIGHWAYS—
May be ordered by the electors...........0.000 cence seceevees 1717,—— «5
INDEPENDENT DISTRICTS—
Left without officers, trustees call election............006 0+ 1714.18
Assets and liabilities divided when boundaries are changed.. 1715 18
Corporate name of..... Sra Nans | tier yl, spenleetins ainkevas Saja DONORS eee . 1716 #14
Majority of board, and president may dismiss pupils......... 1735 29
Tax for, county treasurer to pay over monthly............... 1784 = 85
Polls remain open from 12 M. to 7 P. M., when.............-5. 1789 BT
Polls to remain open from 9 A. M. to4. P.M, when........... 178957
City, town or village of over 200 inhabitants may organize... 1800 63
Directors of district township to establish boundaries ...... 1801 63
Electors to vote for or against separate organization......... 1801 63
Term of office of directors determined by lot................ 1802 64

Board to elect president............se0008 a eGies wane titeee wsaee 1802 894
INDEX. 163

BEC. PAGE.
{NDEPENDENT DISTRICTS—ContTIncED—

Board to elect secretary and treasurer in September .. ..... 1802 64
Board to consist of three members when ..............-..+-+° 1802 64
Treasurer of board may not be member........... i iaetmdsee 1 BOZ 64
President and secretary, judges at first election.............. 1803 65
Organization must be complete before August Ist ........... 1804 = 65
Taxes levied by district township to be void, when .......... 1804 = 65
Board to levy taxes, WheD............. cece ence cece scores eteee 1804. 65

When formed from two or more townships, who give notice. 1805 66
Governed by laws for district townships, when applicable... 1806 66
Electors may vote tax for erection of school-houses, etc .... 1807 66

Annual meeting Ofjsciss iss cc cieesvedend ed eaters od dese we ore 1808 67
HMlection Of OfMCELS. « «55:0 y sie sieis sis des a pele g ae bois sere edwree nee es 1808 67
Who are judges of election ........... 0. cece cece cere sence eee 1808 67
Boundaries between, and district township, changed how.... 1809 67
Abandoned, with concurrence of boards ..................--. 180967
Board to set off territory when........... iad Rae ea arenismeetys 1810 68
MAY CONSOIGALG -vicieise's ses a cists suite acetals dies eieled ao aatle dew eus seas 1811 68
May be formed from adjoining counties...........-....se0ee8 1811 68

Territory incorporated town part of (Chap. 118, Laws 1882). 1 98
Boundaries changed, boards settle (Chap. 118, Laws 1882) .. 1 93
School in two counties formed into independent district ... 1812 69

Board make statement of receipts and disbursements....... 1813 70
Board publish statement, when ..............0 cccuceseseeaes 1813 = =70
Board post statement, when...............0.cccsecccesseeees 1813 70
Board liable to penalty for failure to make statement . seeee 1813 70
District township may become independent................. 1814 70
Independent districts may be constituted district township.. 1815 71
Election to be called ............. aigtiiviales Wis elasias Reweea seein e ¥ a4 1816071
Independent districts become subdistricts....... ........... 181772
Elect subdirectors on first Monday in March......... .......- 1818 72
Governed by laws for district townships..................000- 1819 72
New board to make settlement of assets and liabilities...... 1820 73
May borrow money by issuing bonds.................0. sense 1821 73
Board to submit question of issuing bonds to electors....... 182274
Board to issue bonds in accordance with vote of electors.... 1822 74
Bonds signed by president and attested by secretary......... 1822 74
Denomination and time of bonds..................000 ceeees 1822, 74
Board vote tax to pay, bonds if electors neglect .............. 1823 74
Orders draw legal interest after presentation ................ 1824 75

Board may provide for industrial expositions (Chap. 64,1874). 1 82
May bond to fund indebtedness (Chap. 132, Laws of 1878). .. l 85
May subdivide, or have territory detached (Chap. 133, 1878).. 1 86

20
154 INDEX.

SEC. PAGE

INDEPENDENT DISTRICTS—ContTINUED— : .

Of 15,000, have separate polling places (Chap. 8, Laws of 1880) 1 8&8

Questions submitted decided by ballot (Chap. 8, Laws of 1880) 2 88

Register of electors shall be prepared ............ ..s.seeeee 3 689

Notice of election, how given (Chap 8, Laws of ‘1880)....... is 4 89

Board of, issue bonds to fund indebtedness (Chap. 132, 1880). 1 91

Levy of tax for payment of bonds (Chap. 132, Laws of 1880).. 6 91

May be formed, when (Chap. 62, Laws of 1888).............. ‘ 1 100
INDUSTRIAL EXPOSITIONS—(Chap. 64, Laws of 1874)

Board provide for, in each school, if deemed expedient..... 1 82

Consist Of Whats i ecaccs since aaiceeiceaainacieee Gayed gatas end) dae ee ead 2 8

Pupils to explain mode of manufacture or culture........... 3 82

Parents and friends may attend............... ees eee eee eee 4 82

Ornamental work encouraged .........-.ccssecceeeeecceeeeeene 5 82

When and where held... ...........cceece secre ncennrcesceene 6 8
INSURBANCE—

All districts may effect (Chap. 149, Laws of 1882) ............ 1 9

No debts shall be contracted for (Chap. 149, Laws of 1882) .. 1 93
JUDGMENT—

Against district, how paid. ..........cceccsee eee sesce ee ances 1787 = 56

Bonds issued to pay indebtedness (Chap. 132, Laws of 1878).. 1 8

Bonds issued to refund indebtedness (Chap. 51, Laws of 1880) 1 90

Bonds issued to fund indebtedness (Chap. 132, Laws of 1880). 1 91
LANGUAGE—

German, or other foreign, when shall be taught.............. 1763 3944

Teacher of foreign must have certificate....................- 1763 244

Schools must be taught in English..... aaa buat ew iota 1768 = 44
LAWS—

Relative to schools to be furnished................eeseceeees 1579 5
LIABILITIES—

Boards to make division Of...........ccceecscc creas saccenees 71518
LIBRARY—

Electors may vote to purchase ..... sled Waiase’ sesasa lace ahciovedeue sisuauesipals 1717'—s «15

Electors may vote to buy library and apparatus...........+66 1807 = 66

Number books in, reported............ seeeee dig dreie:8 aneehba mln dys 1583 6
MAPS—

May be purchased by board .............. area avatcs bana sora .. 1729 = 26
INDEX. 155

SEC. PAGE.
MISCELLANEOUS—
Fines and penalties, disposition Of..............ceceeeneeeees 1786 56
Judgment, how satisfied ........... ccc ccceereenneereerereeee 1787 = «56
District township meeting vote tax to pay judgment ........ 1787 —s «56
Money borrowed from school fund, how paid .............++. 1788 = «57
Meeting not to organize before 9 A.M. nor adjourn before12M. 1789 57
Polls remain open from 9 A. M. to4 P. M., When.............. 1769 5
Polls remain open from 12 M. to 7 Pp. M., when.............+.- 178957
Director, or director elect may administer official oath....... 1790 57
Penalty for misapplication of money............csee eee eeeees 1791 58
Township board no control over independent districts...... 1792-58
Children may attend school in adjoining districts, when..... 1793
Board to fix terms of attendance, when ................--0005 1794 60
Pupils may attend school in another subdistrict .... ........ 1795 60
Board may divide district township into subdistricts........ 1796
Plat showing changes in boundaries must be filed.... ....... 1796 ~=—s-« 60
Subdistrict boundaries conform to congressional lines ....... 1796 ~=—s- 60
Changes in boundaries take effect, when................0+008- 1796 = 60
Superintendent may attach territory to another township... 1797 61
Territory may be restored, how ................ AR es eae NES 1798 = 62
Sehool district not to be divided, when................0002005 1799 62
MONTH— /
Of what school month consists .............220. ceceeeeeeeee 1761 43
NAME—
Of SChOO!l iStLICbiici cs ccisinese cides sewewnieereeverse «eerier 171614
Shall be given (Chap. 133, Laws Of 1878).......-..:secceeeveee 4 8
May be changed (Chap. 133, Laws of 1878) .............20e00- 4 86
NORMAL SCHOOL—See State Normal School.
ORDERS—
When drawn iscciicceccneee Gyeid, SesseeanGlewsteh veraaats 1733 0-28
OW Grawn iis ssiseiss ances eseeetiaads sas Seas seaweeds Au wae 1739 = 31
Partial payment ON........ cc cece eee ee cect ee etecetenenees 1748 = 38
May draw interest, When...........0. ee cc eee e eet eerecaeees 1824 75
PENALTIES—See Fines and Penalties.
PRESIDENT—
Chosen from the subdirectors ......... 0... cece cece e eee e nner es 1721 19
Call special meetings of board........... cc. cesses eee eeeees 1722 = 20
Temporary, may be appointed............ 6. ceeese cece eee ee 1730 26
Vacancy in office of, filled by board .............cccccececeaee 1730-26
To file bonds of secretary and treasurer.................0.085 1731 27
Bring suit on bond of secretary and treasurer, when......... 173r sb
Concur with majority in expelling pupils ................000. 1735-29
Preside at meetings of board and of district township.... .. 1739 31

Draw drafts on county treasurer....... Bisiwadacayurarsyels 6 enecey 1739 31
156 aNDEX

SEC. PAGE.
PRESIDENT—ConrTINUED—
Sign orders on district treasurer .............:606 seereee one 1739381
Sign all contracts made by board..........ccseecee sere eeeeee 173981
Appear for district in suits.......... wysyils a)ayelh bate Hoa ME LENG 5 ee - 1740 (82
Secretary appear, WHEN .......cececee ieee eee ee eee oe ceeees 1744082
Counsel may be employed................. Syaces tet eee shaec ass 1740-82
Approve contracts of subdirectors............2.62 ceeeneeeee 175338
Concur with subdirector in dismissing pupil........... Demme 1756 = 40
Approve and file teachers’ contracts ..........6. 660 ceeseecs 175741
Sign warrant for semi-annual apportionment ................ 178255
Certify to account for tuition filed with auditor.............. 17938
Sign district DONdS..........ccceee cece creer seen eeeneereeaens 1822 = 74
PUPILS—
Attend school where, determined by board............... .. 1725-3
Fifteen, required for creation of subdistrict................0. 1725-28
Teacher may be employed to teach ten.................. .6 1725-38
Tegal age Of... ccwsvkdeeunn ns yadewiseeselas sees da eases hese 1727) 5
Enumerated by subdirectOr... .---.cccscccecesecccsveocenees 1755 = 40
Dismissed by subdirector and president.............. «. «ee. 1756 40
May be re-admitted .................. isscpapnjeistaia eal iasaactataahe stains 1756 = 40
Register of attendance, when kept separate............0..206 1759 42
Not required to read Bible contrary to wish of parent........ 1764 44
Attend school in an adjoining district, when................. 1793s &8
Temporarily sojourning, may attend school, on what terms.. 1794 60
Board to fix terms of attendance, when ................0ss08- 1794 = 60
May attend school in another subdistrict....... a iesbar se 1795 = 60
RECORDS—
Secretary to keep..........eeseeeiee Seweiasseeeviee eventos INAL”) 782
REGISTER—
GACHOR CO KGODs isnceeaccsissicsen setrnereara aeansass saeeess eae eae 1759 42
REGULATIONS—
For control of school and teachers ... ........cecceee access 1726 «24
For government of subdirectors...........cscee cocceeceseees 1737 = 30
REPORTS—
Copies of to be preserved by secretary.........cceccesveeeeeee 1741382
Secretary to make annually ............sceeseeseer es ecceeces . 1745 34
Treasurer to make annually... ........ ecco cect cece ec ereeees 175187
Subdirector to make to secretary..........cescccereccsee sees 1755 40
Made to state superintendent by county superintendent..... 1772 49
Of blind, and deaf and dumb, by county superintendent..... 1775 = «80
Of interest on permanent school fund..........ee.eeereeees .. 17838 55
ROADS—See Highways.
SALE OF PROPERTY— \
May be directed by electors of district township ............. 1717. 15
May be directed by electors of independent districts......... 1807 66
INDEX,

SCHOLARS—See Pupils.
SCHOOL LAWS—
To be furnished school Officers. ......... 2. cece ee csee cree nrees
To be given to successor ...... d suise iarde wscieey Sacee 54 aa Seeeee
SCHOOL MONTH—
Consists: of wWhabicec.scsssacciedas Kastan nies sane deen ewes
SCHOULS—
Number of, determined by board............ 26. cesses eeeeee
Duration of, beyond legal period.............. 0. ccc eee e eee eee
Graded, may be established ...............ccec cence eee eereee
One or more taught in each subdistrict .. ... sbsby abel oiaraiiyejareus ancy
Duration, OF «sae: os see seasencacssoaacieaeee « heanayers be ee aw wie
Superintendent may allow board to reduce the time .........
Visited by board of directOTrs.............. cece eee e essen scene
Pupils may be expelled from... 2.0... .... cc cee eee e essen eee
Subdirector shall visit twice during each term...............
Teacher of, must have certificate................ cece eeee wee
School month defined...........cccccscccccesssenssaecsee woe
Bible not to be excluded from...... # veGeadecsd ee sees tae onee
Visited by county superintendent...............csceeceeeenee
May be attended by pupils from adjoining district, when....
SCHOOL DISTRICTS—
Each civil township declared a school district...... sewlscue ans
When without officers, how supplied............ccecceeeseecs
If divided, board of directors act until next election........
Assets and liabilities to be equitably divided.................
Disagreements to be settled by arbitrators.............e0000+
Assets divided when independent district is formed.........
Every school district is a body corporate...........0.cceeseee
When school-house is destroyed, what to do...........0..00%
SCHOOL-HOUSES—
Plans for, recommended by county superintendent....... ...
Built or repaired by contract if cost exceed $300.............
Proposals to build, invited by advertisement.................
Contracts let to the lowest responsible bidder................
Site Of; fixed: Dy DOAK i sesisiéis si:e:5:c10-5-0:00 6% deters Seite Wome ia telels's
Contracts for repairs made by subdirector...................
Under control of subdirector unless otherwise ordered
SCHOOL-HOUSE SITES—
Lawful for district to take.............cccccescesseavcecccees

Must be on highway..........csccecsecccccersececccecsseusaes
Not within forty rods of residence, if owner objects........
County superintendent to appoint appraisers................
County superintendent to give notice to owner
Appraisers to assess'damages and make report

“157
SEC. PAGE.
1579 5
1791 58
1761 43
1724 = 22
1724 2
1726 8924
17275
1727.25
172705
173428
1735-29
1756 = 40
1758 42
1761 = 48
176444
1774 49
179358
171813
714 «13
1715 = 18
171518
171518
1715 18
1716 = «14
1717316
1723.20
1723-20
172320
1723 20
1724 9-22
175338
1753338
1825 75
1825 75
1826 75
182675
1827 76
1827.76
1827 76
158 ’ INDEX.

a5 SEC. PAGE.
SCHOOL-HOUSE SITES—ConTINUED—
Board to deposit money with the county treasurer........ e.. 1827 76
Either party may appeal to district court............... sees. 1827 76
Title acquired for school purposes only............ceeeeeeeee 182877
Growing timber shall not be injured or removed...... . .... 1828 77
SCHOOL ORDERS—
Not drawn until claim is audited.............. cesses eececenee 1733-28
Signed by the president....... 00... ce cee cere eee eeereereneees 1739 81
Fund and object must be specified in...... des eiud teat cutatals Avebsaiein's 173981
Secretary to countersign and register..........ccceeereeveeee 1741 32
Transcript of, must be furnished to treasurer...............- 1741 32
Must specify fund and purpose. ............cceeeeerceaceneers 1748 = 36
Treasurer to TEGiSters ini: scacsc isi eecie'seieee’y Suis o's sere a eelee a 6's 1750 = 87
Given tosatisfy jadgment.............. esc e cece cece aren ee ees 1787 =—56
Draw lawful interest after presentation...................- . 1824 75
SECRETARIES—
Give notice of subdistrict election, when.................... 1718 =«17
Draw for absent member in case of a tie...... Silane ere, einai 1719 «17
Elected on third Monday in September........... aah at orate arate 1721 19
Qualify and enter on duty within ten days........... ealeieiea 172L =19
Chosen from township at large, when...............eseeeeees 1721 +=«19
Have no vote unless member of board...........cce eee eevee 172119
Temporary, may be appointed. .........0. cecsee etc cesecerees 1730 = 26
Vacancy in office of, filled by board ............ceeceeeeeeees 1730 = 26
Give DONG. is-<: cas neas dese sanawtaon weal cete mer eHesauee<ens aos 1731027
Compensation of, fixed by board.............cccseescceseeees 1783-28
Report names of school officers to county officers........... 1736 = 330
Appear in suits, WHED.......-.. esses eens eee ee eee cence ren ees 1710 = 32
Record all proceedings Of bOard...........cccsceneecceceeees 1741 32
Preserve copies of all reports......... ccceccccseececen sees W74t = 82
File al] official papers..............ccceseeceercsetee sacereee 1741 82
Countersign and register drafts and orders ................+- 1741 32
_ Furnish district treasurer with transcript of orders......... 1741382
Post five notices of district township meeting................ 1742 33
Notices to state hour of meeting....... vig dacaieueate ca Oeiaia weiame ce ae 1742-33
Present accounts to board to be audited.................000 174383
Notify superintendent when each school begins ............. 1744 = 34
Make annual report to county superintendent............... 1745 = 34
Penalty for failure of, to report............sseeeeeeees is aieebieiaea 1746 (35
Certify amounts for school funds..............cccecseeeseees 1777S
Countersign warrants for semi-annual apportionment........ 178285
Debit and credit treasurer ......... gi dhaas iasjadere duafeds: dtayetaoaa eecace vous 178255
File account of tuition, when... ........ cscs eee e eee sere cerns 1793 58
Deliver plat to county treasurer and auditor................. 1796 = 60
Record order of county superintendent and correct plat, when 1797 61
INDEX. 159

SEC. PAGE.
SECRETARIES—ContTINUED—
Chosen outside the board, When.........cssscscccecscccesvees 1802 64
Act as judge of annual election.... ........ cscs ceue ere crees 1808 67
Draw for absent member, in case of tie vote..............04- 1808 67
Post notices of election................ Binnie s , Leaaisialdrare a arateustere 1811 68
Send up transcript. : sic cccawanscasncscsasece ae acrcerwonsies 1832 78
SEX—(Chap. 136, Laws of 1876.)
Not a test of eligibility to school offices................00.06- 1 85
No person deprived of school office by reason of sex......... , 2
STATE NORMAL SCHOOL—(Chap. 129, Laws of 1876.)
Object: and locations .s.c.6 gc cect ware ssc de eels oe tne sees 1 83
Controlled by board of directOrs.........0....06 sees eeeeeeee 2 88
Vacancy in board filled by governor..............sce see e enone 2 83
Officers of the board, and compensation...........sssseeeeees 3 83
Officers to: give DONG: vs.ci's cen wwied ss ceu weenie s'saass aaene 4 84
Teachers employed by board ......... ccc cece cee et ee croc arees 5 84
Property and funds controlled by board..................... 5 84
Rules for management of school made...................... 5 84
Provide for admission of teachers..............ccscececeecees 5 84
Arrange for board of teachers ................... was ease 5 84
Require fee for contingent expenses ..............2008 ceeeee 5 684
Session must continue twenty-six weeks... ................- 5 684
Board may charge tuition fee ................. 00 eee Peis eikea aie 5 84
Report made each year... ....... ccc eee eee creer ee eeteeeee 9 142
STATE UNIVERSITY—
Object and location Of........... cece cece etc eee ce eee enseee 1585 7
Course of study, where to commence..............eccseeceee 1585 7
Student not completed elementary branches not admitted.. 1585 7
No religious denomination to control.............0-eseeereee 1586 7
Governed by board of regents..............cecceee senccccves 1587 8
Governor, president of board............ 2. weccsuceecsseeve 1587 8
Superintendent public instruction, member of board........ 1587 8
Regent elected from each congressional district.... .. ...... 1587 8
Departments determined by board of regents.... ... ase 4) 88 1589 8
Inelude collegiate, scientific, law, and other departments.... 1589 8
Board of regents may confer degrees..............0.0.eecees 1596 8
Enact laws for government of university............ .» sawed 1596 8
President, professors and tutors, how appointed ... ......... 1596 8
Salaries of officers determined by the board.................. 1596 8
Tuition fees fixed by the board........... 1... ccccecaceccvese 1596 8
Officer removed, when deemed necessary................ eeeee 1596 8
Library, apparatus, etc., purchased by board................. 1597 8
All specimens, collected by state geologist, to belong to state. 159s 8
President report to board of regents............ .. esti ae-e weates 1600 8
9

Board report to superintendent of public instruction........ 1601
160 INDEX.

SEO, PAGE.
SUBDIRECTORS—
Special election Of...........ceeessens coccees BieiWiaiacaiieanea aie or8 171418
Elected annually first Monday in March in each subdistrict.. 1718 17
Give notice of subdistrict election.............cceccseeeveees 1718 317
One, elected from the district at large, when..............000 1720-18
Vacancy in office of, filled by DoaTd...........cceeseeceee eee ce 1730 26
Governed by rules made by board........... sate) be arstatae aise wus 1737 — 30
TAKS. Oaths saccrtrnie ecu miaeninia dose, hi diecaialelsinieers wa elbrnarna ge gely -. 1752 = 38
Office vacant in case of failure to qualify..............0.0.08. 175238
Make contracts under restrictions of board.............06.. . 17538 8
Have control of school-house........ ccccscescee secceeerees 1753888
Contracts must be approved by president... ........c:ceureee 175888
Take enumeration of children .............cecceee ceeceeueee 1754 40
Make annual report to secretary........-..cccee cee eceecsneee 1755 40
May dismiss pupils with concurrence of president............ 1756 = 40
Shall visit schools twice during each term. ... .........0000% 1756 = 40
Authorized to administer official oath......... shed Moeeee ease 1790 = «8T
Qualify on or before third Monday in March................. 1790 = 87
When superseded deliver up books, etc........... 2. sce ce neers 1791 —s «58
Penalty for misapplication of money, etc .............ee scene 1791 «58
May consent that pupils attend school in another subdistrict. 1795 60
Elected for new subdistrich, when..............cececnencceene 1796 ~— 60
No person ineligible by reason of sex (Chap. 136, Laws of 1876) 1 8
SUBDISTRICTS—

Embracing whole district elect three subdirectors............ 1720 = 18
If but two subdistricts in township, subdirectors chosen, how 1720 18
Board determine number of schools taught in each.... ...... 1724 22
One or more schools taught in each....... Tesieadan uous sieeran afeus o- 172725
Rule of taxation on, for school-house purposes...........+066 1778 52
Pupils may attend in another........... ccc cece cree ceeneeens 1795 = 60
Plat of, to:b6 Mad Os iicscss sacs sean teaneecicugeaenmawn sare siayatiaie 1796 = 60
May be formed from independent districts..............0..66. 181772

Hold meeting to elect subdirector, on first Monday in March. 1818 72
SUBDISTRICT BOUNDARIES—

Vote of majority of board required to change.......... ... .» 17388 = 31
Established and changed by board ...........cc00 seeeceeeeee 1796 = 60
Conform to congressional lin€S............ceseeeee ce seeeeee 1796 = 60
Changes in, to take effect When..............06 seeeeeoeesoere 1797—s 61
SUBDISTRICT MEETING—
Held annually, on the first Monday in March...............+5 1718 «17
Five days’ notice of, given by subdirector............ ..05 .. 1718 #817
Three notices stating hour, posted ..............+-208- ere 1718 17
Chairman and secretary act as judges of election...... eeeveee 1719 = 17
Vote decided by lot, in case of a tie.............. sce se ee anee 2179 «17

Three subdirectors elected, when ........ssecscecscensoees .-. 1720 18
21

INDEX. 161
SEC. PAGE.
SUBDISTRICT MEETING—ContTINvUED—
One subdirector in each district, and one at large............ 1720 =—s18
Judges of election canvass votes for subdirector at large..... 1720 36:18
Not to organize before 9 A. M., or adjourn before 12 M........ 178957
Held on first Monday in March... .........cccsccesseeeee eens 1818 8972
SUPERINTENDENT OF PUBLIC INSTRUCTION—
Approve appointment of institute instructors................ 176947
May entertain appeals from county superintendent........... 1835 80
Give thirty days’ notice to county superintendent............ 1835 80
Like notice to adverse party..............00- seeremanaails 8 ae ears 1835 80
Decision shall be final............. 0c cee cee ec cece ec eeeeesees 1835 80
Shall not render judgment for money...............eesee eee 1836 = 81
Receive no additional compensation for determining appeals. 1836 81
May meet county superintendents in convention............. 1577 5
Charged with supervision of schools and superintendents... 1577 5
Attend teachers’ institutes, when practicable............... 1577 5
Determine appeal Cases.............:2ccc ec ececescccseccsceces 1577 5
Render written opinion to school officers when asked........ 1577 5
Have office at seat of government...........00..ceeeeeceseeces 1578 5
File all papers, reports and documents...... @vielrw Ras ressend ac oie 1578 5
Keep fair record of matters in office..........00.ccescccrevees 1578 5
Publish and distribute school laws and amendments......... 1579 6
Publish and distribute other necessary forms................. 1579 6
Subscribe for Educational Journal...... .........ecseeeeee - 1581 6
Furnish copies of same to county superintendents......... «. 1581 6
Publish decisions in Educational Journal..................-- 1581 6
Report number of children to auditor of state............... 1582 6
Report to governor of state................. 123 Fee neeuw renee 1583 6
Have report printed and presented to general assembly...... 1583 6
Appoint teachers’ institutes... 0... .. cece cess cece ence cence 1584 7
Transmit appropriation to county superintendent... die one 1584 7
Member of board of regents of state university....... ek yace 1587 8
Board of regents shall annually report to.............eeeee0- 1601 9
‘.. Member of board directors state normal school..............- 2 88
TAXES—
Board not to certify after third Monday in May.............. 1738 = 81
For teachers’ and contingent funds determined by board..... 1777 51
Certitied by secretary to board of supervisors...............6- Wiz Ol
Board of supervisors to levy for school funds................ 1777—s O51
School-house, to be apportioned....... ..... sisWadieevshe saue eee 177852
Excess levied upon subdistrict, when ........ ..cscecseccccee 1778 — «52
Fifteen mills may be levied, when.................. seas ta ee eS 1778 = 52
One to three mills county tax to be levied................ ... 1779 «6&8
Receivable only in cash...........ccceccecccccacccccceccceccce 1779 «68
Limits of for school purposes...........cscecscecsccececccees 1780) 54
162 INDEX,

SEC. PAGE,
TAXES—CoNTINUED—

Paid to district township treasurer quartertly........ esseeeses 1784 9 55
Paid to independent districts monthly...................0e00. 178455
Presidents of boards to be notified of tax collected.......... 178 = 56
Paid to district treasurers On Warrants............cesseeeeees 1785 = 56
Levied by district townships, void, when.... ....... Facaetaee sree 1804 = 65
All taxes determined by board of directors, when............ 1804 65 -
Determined before third Monday in August, when........... 1804 65
Certified before first Monday in September, when....... ... 1804
Board of supervisors levy for independent districts.......... 1804 66
Of mills voted, when (Chap. 67, Laws of 1874).............6- 1 8
Board to levy, to pay judgment (Chap. 132, Laws of 1878).... 2 85

TEACHERS—

Keep list of pupils showing attendance, etc................-+ 1734-28
May be discharged by board ............cc cc ceesccseeceeeecs . 1734 = 2B
Subdirector or secretary makes contracts with............... 1757s 4
Contracts must be in writing............... ccc cseeereeeeccee 1757s 41
President must approve and file contract...............ee0ee- 1757—s 41
Not to be employed without certificate............... seeeee 1758 42
Keep daily register...... salle sO dearly atten Lahde 1759 = 42
Keep separate register for non-resident pupils................ 1759 42
File certified copy of register with secretary.... ........ 1+. 1760 = 48
Regular examination of, last Saturday in each month........ 1766 3945
Satisfy county superintendent regarding moral character.... 1767 46
Certificate cannot exceed One year.............eecscceseccecs 1767s 46
Examination of, to be public. .......... 0... cc seer ecersscccees 1768 46
Pay fee on application for examination..................-0+- 1769° «47
Pay registration fee................ sSay a deat ven pineawe cmiievete 1769 «47
Certificate of, may be revoked..............ecccecceene ceseue 1771 = 48
Shall have personal notice of charges preferred.............. 1771 48
Of county high school, by whom selected ...................- 1706s 11
TEACHERS’ NORMAL INSTITUTE—
Shall be heldjannually infeach county....... Said 8 Rus Sate sarees 1769 «47
Aided by state appropriation... ..........ccccccecceenscce nee 1584 7
TEXT-BOOKS—
Board may adopt. .........ccseeesee ceccccnerccescense efalisien 1728 26
May be changed after three years .............02ese00e- Sesisisiaes 1728 2%
Electors may authorize board to change sooner...... oe -- 1728 «8328
TIE VOTE—
For subdirector determined by lot....... 0 ..csccccecccccccees 1719 «iW
For director determined by lot.............ee008 bb oes arate wieiave 1808 4667
TRANSCRIPT—

Secretary notified to send on appeal...........esse00. + eeeee 1888 78
INDEX. 163

SEC. PAGE.
TREASURERS—
Chosen outside of the board, when ... ..............--2e000- 1721 19
Have no vote unless member of board ................-.2000s 1721 19
Vacancy in office of, filled by board...... jattcaceee Secsiere Seatieareee 1730 = 26
GVO ODS yas ss cieseie Were sites sais Vs slese inicieiah'nidietalaia's e's siete Sie wey ‘1731
Accounts of, examined by board ...............e. see eeeeeeeee 1732
Compensation of, fixed by board............ sssseseeees ... 1733
Hold all moneys belonging to district.... ................24. 1747
Pay funds on order of president; countersigned by secretary. 1747 35
Keep account of moneys received and paid out.............. 1747 85
Keep separate account with each fund............... .se.ee- 1748 36
Pay no order which does not specify fund and object ........ 1748 3=— 336
Make partial payments on Orders........... cc cess cece eeeeces 1748 = 36
Receive money apportioned to district ....... ............... 174936
Receive district school tax ..........2 cee cece ce sesseceseeeees 1749-336
Register OTdeTs ojos os ae aie a vsid tien aes ose Shee es dsaies sli sb a6 Riese 1750-387
Render statement of finances. ................00 cee eeeeevees 1751 37
Make annual report to board of directors.................... 1751387
Make annual report to county superintendent .......... .... 1751 / 37
Penalty for failure to report .......... ccc e cece cece eee e eens 1751 8937
Draw semi-annual apportionment on warrant ............... 178255
Receive moneys for district township quarterly.............. 178455
Receive moneys for independent district monthly....... .... 178455
Chosen outside of board, in all independent districts........ 1802 64
NG@Otiate DONS. cise ceeee Souci olelcteuseceiay aes daa ves 1822 74
Countersign bonds when negotiated.......... ....csseeeceeus 1822 74
Charged with bonds delivered to him................c0eceees 1822 74
Of county high school. ......... cc. c ccc c cece ence cccscececes 1701 10
Of county high school, duties of ............ ...eeecseeceeeee 1701s 11
Of state normal school (Chap. 129, Laws of 1876)............ 3 83
Of state normal school, duties of (Chap. 129, Laws of 1886).. 4 88
To sell bonds, when (Chap. 132, Laws of 1880)....... ... .... 2 91
Keep record of parties buying bonds (Chap. 132, Lawsof 1880) 3 91
Charged with bonds delivered to him (Chap. 132, Laws of 1880) 5 91
TREES—

Number and condition of, reported-annually................. 1745 = 34
Growing and standing, shall not be injured.................. 1828 77
Board shall cause to be set out (Chap. 23, Laws of 1882).... 1 92

Superintendent to notify boards (Chap. 23, Laws of 1882).. 2 92
TRUSTEES OF HIGH SCHOOLS—

Appointed by boards of supervisOrs...............ccsceeeeeee 1699 9
Qualification Of .........6. cee cece csce cece ene eerecenccesences 1699 9
Oath, dnd Don Of sis ceases tyes vas wewacrcaraed Seiad sa sanw veka. 1699 9
County superintendent member of board of................ . 1699 9
Divided into three classes. .............ccccccssecscecnceccees 1700 =—10

Election: Ofisi's sess ose teacengiesaaies ss cee veld weasatnedeue des 1700 10
164 INDEX.

SEO. PAGE.
TRUSTEES OF HIGH SCHOOLS—ConTINUED—
Terns OF OMCO: o5:55.56 A desi ¥eeG Oo tnde oda eawac teed teweee eet’ 1700 110
County superintendent president of board................... 1701 +10
Secretary and treasurer appointed from board................ 1701 +10
Estimate of funds needed, made by..... ...........00ceeeeee 1702 =10
Shall present estimate to board of supervisors.... .......... 1702S 10
May require treasurer to give additional bond ........... ... 1704 =
Shall select site for high school ................cceceececeeces 1705s
Make purchases, let contracts, etC... 2.02... see es eeeeeeeees 170 =o
Employ teachers, pay salaries........ c+ .ssceccceeessecceeee 1706 sl
Make rules regarding admission..............ccceeeeeecvecess 1707) 1
Determine tuition of pupils from other counties............. 1708 = 12
Approve of rules and regulations governing schools......... 1709 12
May expel refractory pupils..... ..... ccc cee eee e ee seeceeces 1709 = 12
Make annual report to board of supervisors ...........-.-.6. 1710 =12
Vacancies filled by board of supervisors.............200s000 1711_—s12
Compensation of members................0- seisisia® wilco stdiaate's 1712 = 12
TUITION—
Of pupils from other districts, how paid... .............e00- 179358
Of non-residents, fixed by board..... ed caterayayorate-atenrceuss oon ee eats 1794 60
At county high school free, when .............0cceeeeccceees 1707.) «ss
Of scholars from other counties at county high school....... 1708 =-12
At state normal school (Chap. 129, Laws of 1876)............. 5 8
VACANCY—
Filled by special election, when............se00 secre waters sieve 171418
Filled by appointment, when. ..............cceeececcccecsaees 1730 &
VISITATION OF SCHOOLS—
By board of directors ...............0006 OE TIEE ETAT ere 1734 8
By subdirector.............ccceceescnecees a's! se pales elastomers 1756 «8640
By county superintendent..............ccceecccesccee ceevees 1774 «49
INDEX TO FORMS.

NO. PAGE.
Proceedings of district township meeting.............-...cseeeeees 1 108
Notice for annual meeting in subdistricts.... ....... .... cece eee 2 104
Proceedings of annual subdistrict meeting .... ..............0006- 3 104
Certificate of election of subdirector ............ ccc cece ce cece eee 4 105
Certificate of tax voted by subdistrict meeting .................... 5 106
Proposals for the erection (or repair) of school-houses........ .... 6 106
Coutract for building school-houses................0cecececeevcnee . 7 107
Bond for performance of contract ... ......... cece e cece eee eevecs 8 108
Certificate of appointment of school officers.................00000% 9 109
Bond of secretary Or treaSurer........... cee cece cece cece ureceseace 10 110
Certificate of election of officers of the board.... ...............0. ll il
Draft on county treasury ...........0..0e0ee.: ssatelar eRe inee Sate wea ceyeess 12 «112
Order on district treasury... ..... ccc. ce ccc cece cc cc ccae seecceeees 13° «112
LiQase necesisiey 420 coe ¥ sewnnbe pated aes t ackeie bee peels da aalee vale sen 4 = «113
DCO es cienssoce: Sais waited 9 ayayn Oo Haluie, Veco eae Sy iafe caletcae v'Siea de Sen 15 118
Order register of secretary and treasurer................ecceeceee- 16 115
Notice of district township meeting .................cccceecsscceecs 17. «116
Report Of SeCretary. ..:6iéi so dea veccsnsmarsina sou c2 voreewe crete as ue. ooo 18 117
Treasurer’s account with teachers’ fund...................ceseeees 19 «119
REPOrt OF WOASULOD «6: sisieisieis cies seis wisipie tabs o> cauerebrese s saa ceea 20 120
Contract between subdirector and teacher ..................00.008. 21 121
List heads of families and children, kept by subdirectors.......... 22 122
Teacher’s daily register of attendance .... 2.0... 2... cc cece cece cece 23 «123
Teacher’s term report to district secretary..................0ccc00e 24 «124
Teacher’s certificate... .......c ccc ce ccc eccceccccccee sae sacccennvce 25 125
Monthly report of institute fund..................0. cases secs coes 26 126
Receipt of institute fund ............... 00. cee e eee cota diem econreieine 27° =127
Application for teachers’ normal institute...................20c0ee 28 «127
Report of registration fees, institute fund... .... ................ 29 «128
Order on institute fund ........ .. cc. ce cece cece cnccescceceee oes 30 129
Report of teachers’ normal institute..............ccc cece cece ce ceee 31 129
Revocation of teacher’s certificate.......... 0... cece ccc e esc cecaeee 32 «181
Certificate to supervisors of tax determined by board......... .... 33 «181

Certificate to supervisors of tax voted by district township........ 34 = 132
166 INDEX.

NO. PAGE.

Certificate fof tax voted by a subdistrict, not granted by district... 35
Notice from the county auditor of semi-annual apportionment.... 36

Certificate of election of county superintendent............ ...... 37
Certificate of qualification of county superintendent.............. 38
Notice from county treasurer of school tax collected .............. 39
Notice permitting attendance from adjoining districts ....... .. . 40
Application for appointment of appraisers of site....... ......... 41
Appointment of appraisers of school-house site................. .. 42
Notice to owner of real estate of appointment of appraisers ...... 48
Report of appraisement of property for school-house purposes .... 44
Notice of assessment of damages... ... 1. cee eect eee ences 45
Affidavit: of appeal. cs cowanseiwaes niles tees need oases oes seen eee eee 46
Notice of appeal....... .. Hass, Suuiadeeoskearh-at dySieid Re Gun iavalshaaee esate ord anekionts 47
Certificate to district secretary’s transcript ..................--080- 48
Notice of hearing of appeal............... ccecce cece renee cree ene 49

Certificate to the county superintendent’s transcript. ............. 50

182
133
183
134
134
135
135
136
137
138
138
139
139
140
140
141
 
SCHOOL LAW DECISIONS

IN

APPEAL CASHS,

BY THE

Superintendent of Public Instruction

 

EDITION OF 1888.

 

COMPILED FOR THE USE OF SCHOOL OFFICERS

BY

HENRY SABIN,

SUPERINTENDENT OF PUBLIC INSTRUCTION.

DES MOINES:
GEO. E. ROBERTS STATE PRINTER.
1888.
 
PREFACE.

The following compilation of School Law Decisions is believed to
‘be as full and complete as can be made under the circumstances.

Such decisions have been selected as bear more directly upon those
cases frequently brought to the attention of school officers.

A close study of these decisions, together with a careful reading of
the sections of law which they are designed to construe, taken in
connection with the explanatory notes, will give county superin-
tendents and other school officers a better understanding of their
duties and of their relation to each other and to the public.

In order that those most interested may avoid errors, attention is
called to a few particulars.

Neither the county superintendent nor the superintendent of public
instruction has power to decide the legality of a contested election.
They are often asked to give an opinion in such cases, but always
hesitate, because there are usually many important points involved
which can only be brought out in the courts, where such cases must
eventually go, unless settled by compromise. County superintend-
ents may advise mutual concessions, such as justice and equity may
suggest, but cannot entertain such cases on appeal.

This department cannot attempt to determine the validity of a con-
tract. An appeal will lie to determine whether the board, in dismis-
ing or refusing to dismiss a teacher, acted through mistaken or im-
proper motives, but the courts alone can pass upon the validity of the

contract, or enforce its fulfillment.
2
10 PREFACE.

In cases where the concurrence of another board is necessary to the
completion of an action, there can be no appeal from the order of
the board originating the action.

County superintendents should give great weight to acts of a board
purely discretionary in their nature. Unless such acts are plainly
shown in the testimony to be the result of manifest injustice or
improper motives, or in some other way an abuse of discretion, the
action of the board should be affirmed. 2

On the other hand, however, the county superintendent is not lim-
ited to affirming or reversing the action of the board, but he may do-
on appeal, whatever the board had power to do. This point has been
long determined, and will be sustained by this department in the
future. But in all such cases, the county superintendent must be
able in his decision to show plainly that he is warranted by the evi-
dence in determining the error of the board.

While the county superintendent may not compel the attendance
of witnesses at the trial of an appeal, he may order depositions to be
taken, in accordance with sections 3692-3696, Code, and thus secure
the required testimony.

It would lighten the labors of this office if county superintendents
would take great care in sending up the transcript. The outside of
each paper should be so marked as clearly to indicate the contents..
The pages of the testimony should be carefully numbered, and the
whole fastened together. The directions given in notes to sections
1830-1836, should be closely followed. The map, which should be
sent in all cases where boundaries or sites are in question, should
show the roads, streams, location of dwellings, and number of school
age at each residence, with any other information of value to a clear
understanding of the case. A complete and accurate plat, agreed to
by all parties as being correct, often furnishes a key to the whole
situation.

The same weight given by county superintendents to the discre-
PREFACE. 11

-_

tionary acts of boards will be given by this department to the discre-
tion of county superintendents in refusing or revoking certificates.

We are always glad, as it is a part of our duty, to answer all ques-
tions from school officers concerning the interpretation of the school
law. But we think frequent perusal of the decisions following will
give careful readers the ability t6 answer for themselves many ques-
tions likely to arise in tre administration of school affairs.

HENRY SABIN,

Superintendent of Public Instruction.
Dzs Mornss, July 1, 1888. 2
TABLE OF CASES.

A
Albion, District Township of, Smith v...... 0... cece ee eee e ence en eee 18
Amity, Independent District of, Darnell V............. ccs eee e eee ees .. 103
Arthur v. Independent District of Fairway. ................eeee seer eee 93

B. '
Baker v. Independent District of Waukon... .. .........cecee ese eens » 130:
Bartlett v. District Township of Spencer .............0. ceereee cenreee 111
Beard v. District Township of Washington .................cceseaecceee 67
Belmont, District Township of, Moorman V..............cccceecseeereee 53-
Boomer, District Township of, Remington v...............csccceeeecees 57
Boyer v. Independent District No. 2, Dutch Township.................. 135
Brewer v. District Township of Washington................cccceecenees 73
Brighton, District Township of, Wo0d8 V.............0.. cece e eee eeeeeee 90-
Brown v. District Township of Van Meter................0.06 seee asses) 982
Brown, District Township of, Gordon V...........0.. 00 ccc ee ceceeee vee 43.
Brown v. District Township of Richland....................ccceseeeeees 17
Bunn v. District Township of Douglas................cce ec ece enc ee reese 64
Burlington, Independent District of, David v............... ceceeecseun 15
Buzzard v. Independent District of Liberty..................-ccceeeeeae 95

C.
Galdwell'v. Pee bl@8 isi.iic5.i cieieneaitsa ae vac eoekew need eee so ack eseieusin: 62,
Cedar, District Township of, Dayton V...............c0cceesccessecceses 58.
Cedar, District Township of, Miner V..............cseeeeeeeeee lapieaide' sie 61
Center, District Township of, Folsom V..............ceesccescsescecseese 141
Charles City, Independent District of, Harwood v......... ........ 0... 69
Chester, District Township of, Hays v...........0ecceeseeee: reioeeh e wladass 85
Coffin’s Grove, District Township of, Smith v...... ......0.. cece eee ee 33
Colburn v. District Township of Silver Lake.............. cgiGisri-a oie aieareneatis 110
Colcord v. Independent District of Vinton.................. cececcceees 13

Cormack v. District Township of Lincoln................ccseceesccccece 106
14 CONTENTS.

-Cousins v. Independent District Township of Spirit Lake............... 133
Crookshank v. District Township of Maine.................. elale iviayaiate -. 88
-Curry v. District Township of Franklin................sceeeseee aves 41
D.
Darnall v. Independent District of Amity... .......... cece eee ewan eee 108
David v. Independent District of Burlington ...... ..... wie dbhaevbaSateiheeers 75
Davis v. District Township of Madison ..............0. cc cecenscsernsees 60
Dayton v. District Township of Cedar.............ecccececeenee seeesees 58
Deck v. District Township of Eden..... .............. ba wibenc eels aloealiarareeies 139
Des Moines, District Township of, Handersheldt v..... ........... ... 115
Dobbins and Briggs v. District Township of Salem .................000- 24
Dougherty V. TTacy.........see recesses eeeeereereeenres tense neeeeenees 29
Douglas, District Township of, Bunn V............. ceeeeeseeeerenesees 64
Dunlavy v. Klinginsmith............:c cece cece cee eee e eee e ce eee ne neees 102
Dutch, Independent District No. 2, Boyer v.............cceeseeeneeecnee 135
E.
Eden, District Township of, Deck V.... 0.2... . cece cee eee cenee seenene 139
Edwards v. District Township of West Point.................cccecceece 35
Elden, Independent District of, Taylor v..............cccee see ceeweneee 65
Exira, District Township of, Watson V............. cscs ese c ees ecteeeeeee 68
F,
Fairway, Independent District of, Arthur V........ 0... ccsscecceveeees 98
Fisher v. District Township of Tipton... ........... cc cece ec eee wee o. 128
Flynn v. District of Whitebreast.......... 0... ccc eect cece eee ect cence .. 26
Folsom vy. District Township of Center........... 0.0.0 eee cece cece en eeees 141
Franklin, District Township of, Curry V.............. 00. e cece eee eeeee 41
G.
Galland’s Grove, District Township of, McIntosh v.................000 22
Gordon v. District Township of Brown... .........0. ccssccceceessecsees 43
-Gosting v. District Township of Lincoln................. cece ec cece cence 80
H.
Hall v. District Township of Massillon...............c ccc cece eeee eer eee 55
Handersheldt v. District Towhship of Des Moines ..................068 115
Hansel v. District Township of Mallory........... tds bats Pemauemalawinlac’ 17
Hardy v. District Township of Wyacondah.............. wsGuwaleaeaeees 91
Harlan Township, District No. 1 v. District No. 2.... .... gicina tins neato 107
Harlan Township, District No. 2 v. District No. 1..............00200005 107
Harwood v. Independent District of Charles City .................0000- 69
Bays v. District Township of Chester .............006 cceseeusenceeneee 85
Hays v. District Township of Jefferson.............005 cece esceeevenes 96

Hubbard v. District Township of Lime Creek ............... cece ee ee oe 78
e

CONTENTS. 15

J.
Jacoby v. Independent District of Nodaway............sseecceeccceeees 104
Jasper, District Township of, Thompson V_ ..........cceccccccccccccces 87
Jefferson, District Township of, Hays v .......-.......ceceececccenssces 96
Johnson v. District Township of Monroe............ tia sSyaiavola a ay oausantyetsteeis 25
K.
Kennon, Orme and Bullock v. Independent District of Nodaway No. 4. 100
Klinginsmith, Dunlavy v ...........c:e0e 2 cases s cece eeseeescenseerees 102
Koontz v. District Township of Liscomb..................00.cccceeeees 127
L.
Lester, District Township of, Sipple V..............ccc cece ce cucececnece 46
Lewis v. District Township of Woolstock ................ceececcssecees 132
Liberty, District Township of, ROOK V........... cece cece ccnccersceee 72
Liberty, Independent District of, Buzzard v.................2. seveeees 95
T.ime Creek, District Township of, Hubbard v................cceceeceee 78
Lincoln, District Township of, Gosting V..............ccccecscecseecees 80
Lincoln, District Township of, Randall v..............0.:cceeeee ceeees 84
Lincoln, District Township of, Cormack V...............cccceeeccceeces 106
Liscomb, District Township of, Koontz V..........0.cccccccccccareccecs 127
Lodomillo, District Township of, Rankin v............... teeter ee eneeee 108
; M.
Madison, District Township of, Davis Vv .............cccceeccsccscee eee 60
Maine, District Township of, Crookshank v .............cccccccccccsace 88
Mallory, District Township of, Hansel v.................06- aaneeeaens 117
Maquoketa, District Township of, Smith v ..............ccssececccccece 39
Marshall v. District Township of Marshall.....................ceeeeees 129
Marshall, District Township of, Marshall v.................000sseeee . 129
Massillon, District Township of, Hall v ............... ccccsecsceeceves 55
McIntosh v. District Township of Galland’s Grove..............2..00.% 22
Miner v. District Township of Cedar............... cc cc cc cc cseeceeeeees 61
Monroe, District Township of, Johnson V.............cccccceccecccccess 25
Monroe, District Township of, Wilson v....... .........ccscccccceceees 98
Moorman v. District Township of Belmont...,................eeeeeeees 53
N.

Nodaway, Independent District No. 4, Kennon, Orme and Bullock v... 100
Nodaway, Independent District of, Jacoby v .......... 0... cee ec ce saee 104
P.

Park v. Independent District of Pleasant Grove.............ccseeecceee 120
Peebles, Caldwell V .......cccccccesceecesecceece ab see WEN Aol alaare canara’ 62

Pleasant Grove, Independent District of, Park v........ ....eceseecseee 120
16 CONTENTS,

R.
Randall v. District Township of Lincoln .............. scgiakinisine atartrete see Bt
Rankin v. District Township of Lodomillo.............ccseeeere cone ++» 108
Reed v. District Township of Union....... ccc. ccccec cee e esse ceceetees 76-
Remington v. District Township of Boomer......... Se vtG wees senrheroses 87
Richland, District Township of, Brown V.........csesseeseeescecseeeens 17
Rook v. District Township of Liberty...............csceec sess ecccneeee 72
8.
Salem, District Township of, Dobbins and Briggs v ...-.......0..s0000% 24
Silver Lake, District Township of, Colburn v.......... dea aieeeceee wees: 110
Sipple v. District Township of Lester...... ..- .cecscecsecesceececeeees 46
Smith v. District Township of Albion ............ Pere er or ee 18
Smith v. District Township of Coffin’s Grove ...........0ecesecereeeeees 33
Smith v. District Township of Maquoketa............ ccc e cece eee evee 39
Spencer, District Township of, Bartlett V.............0cceeereee coeeeee 111
Spirit Lake, Independent District Township of, Cousins v....... steoscae 188
Stine v. District Township of Wahkonsa............ ccceeesseceseeeeves 21
TE,
Taylor v. Independent District of Eldon.............. Sig Sends seemeneaa 65
Thompson v. District Township of Jasper............0 ce secre cess erence 87
Tipton, District Township of, Fisherv............ gis eteanns Os a ee aaenbie 123
Tracy; Dougherty. Vincswwesasee sawelnee saletidtee Seer eeceaa asda ese ee aeie 29
U.
Union, District Township of, Reed v............. Sdatsisanlaslabe Voie e'e: Mies: 76
Vv.

Van Meter, District Township of, Brown V..........ccccenccesereceeees 82
Vinton, Independent District of, Colcord V..........c0cceececeereee eee 113.
W.

Wahbkonsa, District Township of; Stine v............cc.sceececceseceeee ai
Washington, District Township of, Beard v............-.eeeececee aes 67
Washington, District Township of, Brewer V......2...ce00 ceeceeee ace 73
Watson v. District Township of Exira..........ccccccecscecceccecectees 68
-Waukon, Independent District of, Baker v .......0.ccccececeeceeeecnees 130
West Point, District Township of, Edwards v...........cceseessceeeees 35
Whitebreast, District Township of, Flynn V............sceseecseeeeeees 26
Wilson v. District Township of Monroe........ .. eekees olla gis Slasidanace™ 98
Woods v. District Township of Brighton................- 6 divin. 6: offs @ternieie’s 90
Woolstock, District Township of, Lewis v............. Wh 8 oe eae Rew OOS 182

Wyacondah, District Township of, Hardy V............se0cscnceeseeece a1
SCHOOL LAW DECISIONS.

Jane Brown vy. Districr TownsHip oF RIcHLAND.
Appeal from Tama County.

1. SUBDISTRICT BOUNDARIES: Change of. In changing subdistrict boun-
daries, both the present and the future welfare of the district should be
considered.

2. SUBDISTRICT: Sizeof. It is better to have large subdistricts with good
school-houses well furnished, than small subdistricts with small and
poorly furnished school-houses.

The board of said district township, at their regular meeting in
September, 1864, changed the boundaries of certain subdistricts,
whereby subdistrict number seven and a portion of subdistrict num-
ber one, were attached to subdistrict number five.

From this order of the board an appeal was taken to the county
superintendent who, after a full and fair investigation of the case,
sustained the action of the board. From his decision an appeal is
brought to the superintendent of public instruction.

It is not claimed that either the board or the county superintend-
ent committed errors in law or exceeded their jurisdiction. Every-
thing seems to have been done fairly and openly, and a final de-
cision of the case is asked for solely on the ground of equity and
justice.

Appellants claim that subdistrict number seven has a good school
of thirty-four scholars, and that by the proposed change, three-fourths
of these pupils will be cut off from school privileges in consequence
of their distance from the proposed site of the new school-house.

But it is shown by testimony that by building a bridge across a cer-
tain stream the distance will be diminished, so that all parties will
be accommodated. There is no assurance in the record before us
that the bridge will be built this year or next. Meanwhile a large
number of children may be deprived of school. As a general rule it
is better to have large subdistricts with good school-houses well fur-

3
18 SCHOOL LAW DECISIONS.

 

Sarah E. Smith v. District Township of Albion.

 

nished, than to have small subdistricts with small and poorly fur-
nished school-houses.

We believe the board had in view the welfare of the whole district,
as did also the county superintendent in confirming their action, but
we can see no injustice in this case in allowing the subdistricts to
remain another year without change, or until the proposed bridge is
built. The reason for consolidating the subdistricts now will prob-
ably exist then, and the occasion for complaint will then be removed.

In this view of the case we feel compelled to reverse the decision
of the county superintendent. REVERSED.

, ORAN FAVILLE,

Superintendent of Public Instruction.
March 1, 1865.

Saray KE. Smita v. Districr Townsuir or ALBION.
Appeal from Howard County.

TracHers: Right of, to inflict punishment upun their pupils. A school-master
who stands in loco parentis may, in proper cases, inflict moderate and
reasonable chastisement. The law confides to teachers a discretionary
power in the infliction of punishment upon their pupils, and will not
hold them responsible criminally, unless the punishment be such as to
occasion permanent injury to the child, or be inflicted merely to gratify
their own evil passions.

The record in this case shows that the plaintiff, Sarah, E. Smith,
entered into a contract with the subdirector of subdistrict number
two in said district township, to teach a school for four months, com-
mencing on the 19th of December, 1864. That she commenced her
school accordingly, and taught until the 30th of January, 1865. That
on the 29th of January she was notified to meet the board to answer
to the charge of undue severity in chastising one of her pupils; that
she attended the meeting of the board and made her defense, but the
board decided to expel her from her school, paying her for the time
she had taught. From this action of the board she appealed to the
county superintendent, who reversed the order of the board, and from
SCHOOL LAW DECISIONS. 19

'
é

 

Sarah E. Smith vy. District Township of Albion.

 

the decision of the county superintendent an appeal is brought to the
superintendent of public instruction.

It is claimed on the part of the board that the county superintend-
ent had no jurisdiction, and that he erred in entertaining the appeal
and reversing the order of the board; but having gone to trial before
the county superintendent, and having submitted the case, after mak-
ing their defense, they cannot now plead want of jurisdiction.

The testimony shows that the pupil, a boy of some twelve years of
age, did not like the seat assigned him by the teacher, and asked per-
mission to go out, which was given; that he started toward home;
that the teacher called to him to come back, threatening to punish
him if he disobeyed; that he went home and remained out of school
about a week; that at the close of the school on the day he returned
the teacher reminded him of the punishment threatened, and pro-
ceeded to administer it, striking him over the shoulders and back
with a whip furnished by one of the pupils; that the boy resisted,
striking back, snatching away the whip and using bad language; that
the teacher obtained another whip, a willow switch, and administered
several strokes with it, some of which were across his head and face,
in consequence of which one of the boy’s eyes was apparently in-
jured. An older brother of the boy then interfered, and the “affray
ended”.

It does not appear that the teacher punished hastily or in anger, or
that it would have been too severe, or improperly administered, had
the boy not resisted. It is doubtful whether the resistance justified
the teacher in striking the boy across the head and thereby causing
an injury, fortunately temporary, to one of his eyes. The county
superintendent regarded this as accidental, and as no permanent ins.
jury was sustained, justified the teacher.

Much has been written during the last twenty-five years in regard
to the proper means to be used for maintaining the authority of the
teacher over the pupils. We can remember when the whip was ap-
plied very frequently and very severely, when the pupil obeyed from
fear of punishment, and not from any sense of duty or of respect for
authority. Since that time there has been a great change; appeals to
reason, to a sense of duty and to right have been successfully used by
the most competent teachers. In many schools the rod is excluded,
20 SCHOOL LAW DECISIONS.

 

Sarah E. Smith v. District Township of Albion.

 

and yet ready and cheerful obedience is secured from the pupil. We
wish such a result could be reached in all the schools; that the teacher
could inspire the pupils with such a love for order, for good govern-
ment and for rightful authority; with such a love for right doing and
such a hate for wrong doing, that it would only be necessary to point
out the path of duty instead of the command to walk in it. While
family government and the public sentiment of some communities
may render such a course possible, the want of family government
and the loose reins given to “Young America” in many communities
require strong and physical force to hold in subjection unsubdued
nature.

All admit that the teacher must maintain authority, and for that
purpose he is sustained by the highest authorities in inflicting moder-
ate punishment.

In Kent’s Commentaries, 9th edition, volume 2, page 222, is the
following: “A school-master who stands in loco parentis, may in
proper cases inflict moderate and reasonable chastisement.”

In Wharton’s American Criminal Law, 5th edition, volume 1, page
669, is the following:

“The law confides to school-masters and teachers a discretionary
power in the infliction of punishment upon their pupils, and will not
hold them responsible criminally, unless the punishment be such as
to occasion permanent injury to the child, or be inflicted merely to
gratify their own evil passions.” State v. Pendergrass, 2 Dev. &
Bat., 407.

“On the trial of an indictment of a school master for an assault on
a pupil the judge refused to instruct the jury that the defendant was
criminally liable for punishing a pupil only when he acted malo an-
imo, from vindictive feeling, passion, or ill-will, or inflicted more
punishment than was necessary to secure obedience, and not for error
of opinion or judgment, provided he was governed by an honest pur-
pose to promote discipline and the highest welfare of the school, and
the best interests of the child; and instructed them that in inflicting
corporal punishment a teacher must exercise reasonable judgment and
discretion, and be governed as to the mode and severity of the pun-
ishment by the nature of the offense, the age, size, and apparent
powers of endurance of the pupil.” Commonwealth v. Randall, 4
Gray (Mass.), 36.
SCHOOL LAW DECISIONS. a1

 

D. E. Stine v. District Township of Wahkonsa.

 

“Tf there is any reasonable doubt that uhe punishment was excessive
the master should have the benefit of it.” Lander v. Seaver, 32 Vt.
(3 Shaw), 114.

We add the following as having some bearing on this case:

“Though a school-master has in general no right to punish a pupil
for misconduct committed after the dismissal of a school for the day,
and the return of the pupil to his home, yet he may, on the pupil’s
return to school, punish him for any misbehavior, though committed
out of school, which has a direct and immediate tendency to injure
the school and to subvert the master’s authority.” Lander v. Seaver,
supra.

Many other authorities might be cited establishing the authority
of the teacher to inflict punishment necessary for securing obedience
to reasonable rules. As it is not shown in this case that the rules
were unreasonable or the punishment severe (the teacher must have
the benefit of the doubt in regard to the manner of punishing), the
decision of the county superintendent is

AFFIRMED.
ORAN FAVILLE,
Superintendent of Public Instruction.
April 22, 1865.

D. E. Stine v. District Townsuip or WAHKONSA.
Appeal from Webster County.
Recorps: Defective. May be amended.

The board of supervisors of said county at their regular meeting in
January, 1865, set off certain territory from the township of Wash-
ington to the township of Wahkonsa. On the 28th day of the
same month the board of the district township of Wahkonsa
made an order conforming the boundary of said district township to
that of the civil township, and attaching the annexed territory to sub-
district number one, of the said district township. From this order
an appeal was taken to the county superintendent, who reversed the
action of the board, and from his decision the board appeals.
99 SCHOOL LAW DECISIONS.

 

Jobn A. McIntosh v. District Township of Galland’s Grove.

 

The only point in issue in this case is whether the board complied
with the law in changing the boundaries of the district.

The record of the board is defective in not more particularly de-
scribing the territory in question and in not having a plat showing
the change of boundaries. The record, however, shows that provis-
ion was made for furnishing such a plat, and that the board had at-
tempted in good faith to regulate the boundaries of the district in
accordance with a petition of the people to the board of supervisors.

The law does not limit the timo within which the plat shall be
made and recorded, and as alterations in district boundaries do not
take effect until the first Monday in March, the board should have
until that time to complete their records.

The county superintendent decides that the board acted in good
faith and for the best interests of the public; and we think he should
have allowed the board to correct and perfect the district records.

ReEv=ERSED.
ORAN FAVILLE,
Superintendent of Public Instruction.
June 12, 1865.

Joun A. McIntrosa v. Distgicr TownsHir oF GALLAND’s GROVE.
Appeal from Shelby County.

SCHOOL-HOUSE: Power of the board to build. If in their judgment the wants
of a subdistrict require, the board are empowered to erect a school-
house without action on the part of the electors of the subdistrict.

The plaintiff appeals from the action of the board, in approving a
contract for building a school-house in the subdistrict of which the
plaintiff is a resident, for the following reasons:

The house was ordered to be built against the wishes of a ma-
jority of the electors of said subdistrict.

A house was already leased for school purposes, and there was no
need of a new house.

The county superintendent investigated the case and set aside the
SCHOOL LAW DECISIONS. 93

 

John A, McIntosh v. District Township of Galland’s Grove.

 

action of the board in the premises, and from this decision the board
appeal.

The record shows that a lease was executed in February, 1863, for
the use of a house for school purposes in said subdistrict for five
years. This contract was signed by the lessor and the subdirector;
but there is no evidence that it was approved by the board or signed
by its president. No objection seems to have been made to the
lease on this account. Strict construction of the law, however, would

not consider this a valid lease.

At the annual meeting of the electors in said subdistrict in 1864, a
resolution was adopted requesting the district township meeting to
levy a tax of five mills on the township for the purpose of building
a school-house in said subdistrict. It seems that no action was taken
by the board that year; but at its regular meeting in April, 1865, the
board authorized the building of a school-house in said subdistrict,
although no action was taken by the electors at their annual meeting
in March previous.

The superintendent reversed the action of the board for the follow-
ing reasons:

The board has no right to build a school house unless asked to do
so by the electors of the subdistrict.

The subdistrict in question had a house leased for school purposes
for a term of years.

The district has no right to force a house upon a subdistrict.

The first and second positions of the superintendent are not well
taken; for the evidence shows that the electors in 1864 did request a
tax to build a house, as the request was not withdrawn in 1865, it was
still before the board; second, admitting that the lease was valid, the
circumstances of the subdistrict may have changed so as to require a
new house, and this may be inferred from the fact that a tax was re-
quested in 1864.

His third proposition may, as a general rule, hold true. Yet there
are cases where the electors of a district township would doubtless be
justified in voting a tax to build a house in a subdistrict not request-
ing it. There may possibly be communities feeling so little interest
in the education of their children that they are not willing to bear a
share of the expenses necessary to maintain schools. In such cases
94 SCHOOL LAW DECISIONS.

 

Dobbins and Briggs v. District Township of Salem.

 

there should be a power somewhere to see that schools are provided,
and that power must rest with a majority of the electors of the dis-
trict township and with the board.
In the above case we feel compelled to differ from the county su-
perintendent, and his decision is
REVERSED.
ORAN FAVILLE,
Superintendent of Public Instruction.
November 15, 1865.

Dogsins AND Briaes v. District TowNnsHip oF SALEM.
Appeal from Henry County.

1. APPEAL. An appeal will not lie from an order of a board initiating a
change in the boundaries of the district township, where the concur-
rence of the board of an adjoining district township is necessary to
effect the change.

2. JURISDICTION. The superintendent’s jurisdiction on appeal is not

greater than that of the board from whose action the appeal is taken.

In January, 1866, the appellees and others presented a petition to
said board, requesting a change in the boundaries of said district
township, so that certain residents therein might be set off to the in-
dependent district of Salem.

The board decided not to grant the request of petitioners, from
which decision an appeal was taken to the county superintendent»
who, after a protracted and patient investigation, reversed the decis-
ion of the board, and ordered changes to be made in the boundaries
of the district township, by which certain territory was transferred
to the independent district, and from his decision an appeal is taken
to the superintendent of public instruction.

This is an interesting case, from the fact that it presents a question
not before determined, to-wit: whether the county superintendent has
jurisdiction in a matter requiring the concurrent action of different
school boards. If this question is answered in the affirmative, then
SCHOOL LAW DECISIONS. 95

 

C. W. Johnson v. District Township cf Monroe.

 

the various points raised by counsel must be examined, and the case
must be determined on its merits; but if answered in the negative no
discussion of the various issues raised is necessary.

It has heretofore been held and is still held, that the county super-
intendent has authority to affirm or reverse the action of school boards
in changing the boundaries of subdistricts; but all cases of this
kind hitherto determined have been confined to the action of boards
affecting territory within their respective district townships. The
present case relates to the transfer of territory from the district town-
ship, under the control of one board, to the independent district un-
der the jurisdiction of another board. The cases are not analogous.
In the former case the board has complete authority, and the action
taken is final, unless reviewed within a limited time; but in the latter
case, one board initates a movement which is completed or not at the
option of another board. In other words, neither board has complete
jurisdiction; and it necessarily follows that the county superintend-
ent, having only appellate jurisdiction, cannot assume original juris-
diction and do what the board could not do, from whose action the
appeal was taken.

Having arrived at this conclusion, in which we are sustained by the
attorney-general, we feel obliged to disagree with the county superin-
tendent, and his decision is therefore

REVERSED.
ORAN FAVILLE,

Superintendent of Public Instruction.
July 28, 1866.

C. W. Jounson v. Districr Townsuie or Monror.
Appeal from Madison County.

SCHOOL-HOUSE Tax. Where it has been the uniform custom to apportion
the school-house tax among the several subdistricts, the board are not
governed by a vote of the electors instructing them to levy the tax di-
rectly upon the property of a subdistrict.

In April, 1866, the board of said district township decided to levy
a tax for building a school house in subdistrict number one, on the
i :
96 SCHOOL LAW DECISIONS.

 

C. D. Flynn v. District Township of Whitebreast.

 

property of said subdistrict, instead of apportioning it among the
several subdistricts. From this decision an appeal was taken to the
county superintendent, who reversed the action of the board, and
from his decision an appeal is brought to this office.

The evidence shows conclusively that it has not been the custom
for each subdistrict to build its own school-house, and the only reason
the board can assign for its action is an expression of the electors of
the district township that hereafter each subdistrict be required to
build its own school-house.

The law is plain and positive on this subject, and it is extremely
doubtful whether the electors can instruct the board to pursue a
course contrary to that laid down in the law. If such a vote of the
electors is binding at all on the board, it should be a unanimous vote
of all the electors of the district township; and even then the board
would not be justified in acting contrary to justice and equity.

The county superintendent in his decision says: “The board
‘ therefore, should have apportioned the amount necessary 0
build a school- house in subdistrict number one among the several sub-
districts, taking as a basis of apportionment the amounts previously
levied on said subdistricts for school-house fund.”

I entirely agree with the county superintendent, and his decision
is AFFIRMED.

ORAN FAVILLE,

Superintendent of Public Instruction.
August 10, 1866. 1

C. D. Frynn v. Disrricr TowxsHir or WHITEBREAST.

Appeal from Lucas County.

SUBDISTRICT BOUNDARIES: Change of. The county superintendent may
ou appeal, redistrict. A refusal by the board to act upon a petition to
redistrict is an act from which an appeal will lie.

In September, 1866, plaintiff and others presented to defendants a
petition to redistrict the township; and a motion was acopted to “re-
district the township as they thought best for the interests of the
SCHOOL LAW DECISIONS. OT

 

C. D. Flyna v. District Township of Whitebreast.

 

township and of the people.” Ata special meeting held in Novem-
ber to carry out that action, the former motion was reconsidered, and
a motion adopted to let the boundaries of the subdistricts remain ag
they were. From this decision of the township board, plaintiff ap-
pealed to the county superintendent, who dismissed the case on the
ground that the board, having made no change in the subdistrict
boundaries, there was no action to appeal from, the plaintiff was not
aggrieved, and hence the county superintendent had no jurisdiction.

The question of the jurisdiction of the county superintendent in
this case, is the only one which requires examination.

The counsel for appellees confine their argument to two points:

The county superintendent has no jurisdiction, either original or
appellate, over the question of fixing or changing the boundary lines
of subdistricts.

If the county superintendent has appellate jurisdiction to review
the action of the board in changing or fixing said boundary lines, yet
he could not exercise it in this case, for the reason that there was no
action of the board from which an appeal would lie.

The first point is based on section 31, chapter 1, of the school laws
now in force. Preceding sections define the powers of the board;
but said section 31 contains limitations of those powers. One of the
limitations is— nor shall the boundaries of subdistricts be changed
except by a vote of the majority of the board.” This, when taken in
connection with the context, evidently means, merely, that when a
change in subdistrict boundaries is made by the board, said change
must receive the sanction of a majority of all the members of the
board, and is not intended to deny, neither does it deny, the appellate
jurisdiction of county superintendents in the change of subdistrict
boundaries. Of course it is not true, neither is-it claimed, that super-
intendents have original jurisdiction in making such change.

Ia the discussion of the second point, by the substitution of the
word “action” for the terms “decision or order” used in the law, and
ingeniously attaching to that word a signification of something done
beyond the mere adoption of a resolution, such, for instance, as the
actual redistricting of the township, the counsel make a very plausi-
ble argument, in which it is clearly seen that no one could be ag-
98 SCHOOL LAW DECISIONS.

 

Cc. D. Flynn y. District Township of Whitebreast.

 

grieved by an act when no act was done, hence, there was no ground
for appeal.

But the language of the law is that “any person aggrieved by any
decision or order” of the board may appeal. Was there a “decision
or order” made by the board, and was any person aggrieved thereby?
It appears from the transcript of the secretary, that the board did de-
cide to “let the subdistrict boundaries remain as they were,” and
passed a motion or “order” to that effect. The action of the board in
November, though virtually merely an order of refusal, is proper
ground for appeal, provided any person was aggrieved thereby; and
in this decision I am sustained by the opinion of the attorney-general.

It only remains to inquire whether any person might have been ag-
grieved by this action of the board. The affidavit of the plaintiff
sets forth that “a larger number of subdistricts and school-houses are
imperatively demanded to accommodate the children of the district”;
and in the hearing before the county snperintendent, plaintiff re-
quested an opportunity to introduce evidence to that effect.

Facilities for the education of children are among the most highly
cherished privileges enjoyed by intelligent citizens; and it may easily
be conceived that persons may be aggrieved by a refusal to grant such
facilities as are “imperatively demanded.”

The county superintendent erred in sustaining the motion to dis-
miss; and the case is therefore remanded for a hearing upon its mer-
its. In the event that the finding shall be for the plaintiff, the county
superintendent may himself redistrict the township, as justice, equity
and the interests of the people require.

REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
April 19, 1867.
SCHOOL LAW DECISIONS. 99

 

Marta L. Dougherty v. L. D. Tracy, County Superintendent.

 

Maria L. Dovcaerty vy. L. D. Tracy, Country SupzRINTENDENT.
Appeal from Grundy County.

1. REVOCATION OF TEACHER’S CERTIFICATE. The order of a county su-
perintendent revoking a certificate will not be interfered with on appeal
unless it appears that he acted from passion or prejudice.

 

Opinions unsupported by facts cannot be received as satisfactory
evidence of prejudice.

April 1, 1867, L. D. Tracy, superintendent of common schools
for the county of Grundy, revoked the certificate of Maria L. Dough-
erty, a teacher of said county, on the alleged ground of incompetency
to properly govern and control a school. A notice of the revocation
made out in due form, was served upon the secretaries of the several
district townships; but no notice of the revocation was served by the
superintendent on the plaintiff.

The plaintiff appealed to the superintendent of public instruction,
who by circular of May 15, 1867, directed that the case should be
heard by the county superintendent. Such hearing took place June
7, 1867. During the examination twenty-three persons, patrons and
pupils, testified to the good order of the school, and the general good
character and reputation of the plaintiff as a teacher. Fourteen per-
sons made affidavit that they believed plaintiff’s certificate was re-
voked from personal prejudice.

One witness called by the defense testified that the school was not
governed as well as it might have been; that he several times heard
cursing and swearing on the school grounds at noon and recess. Three
persons testitied that they did not believe the superintendent revoked
plaintiff's certificate from prejudice or passion. Nineteen persons
certified that they believed Mr. Tracy to be a competent and impar-
tial officer, and free from any malicious administration.

The county superintendent, disregarding the weight of evidence in
regard to the plaintiff’s qualifications, affirmed his previous decision
revoking plaintiff's certificate, and certified that the act was done with-
30 SCHOOL LAW DECISIONS.

 

Maria L. Dougherty v. L. D. Tracy, County Superintendent.

 

out prejudice or passion toward the plaintiff, and that he was impelled
to that conviction, which was the result of personal observation and
knowledge, that plaintiff was incompetent to govern a school prop-
erly. ;

From that decision the plaintiff appeals.

If this case could be determined by the weight of evidence in regard
to the plaintiff’s ability to govern a school properly the decision would
be in plaintiff’s favor. But there are other elements for consideration.
The county superintendent is clothed with large discretionary powers.
So great has this discretion been regarded that it has been held by
previous incumbents of the office of superintendent of public instruc-
tion that the refusal to grant a teacher’s certificate or the revocation
of such certificate by a county superintendent was an act so wholly
discretionary that it was not subject to revision. The circular of May
15, 1867, from this department, maintaining the right of appeal in
such cases was not intended to curtail the discretionary power of
county superintendents, but to point out a way in which its abuse
might be corrected.

In the absence of special statutory provisions in regard to the man-
ner of hearing appeals, it is presumed that general principles are ap-
plicable.

It may not be amiss at this time to enunciate some general princi-
ples which will be observed in the adjudication of this and similar
cases. ;

I. The discretion of a county superintendent in refusing or revok-
ing a teacher’s certificate will not be interfered with by the superin-
tendent of public instruction unless it is clearly shown that the county
superintendent in such act violated the law in letter or spirit, or was
influenced by passion or prejudice. This position is believed to be
correct in the light of both principle and public policy. The general
rule is, “the supreme court will not interfere with the decisions of the
district court in cases where the latter has a discretionary power, un-
less it is fully apparent that such power has been abused.” Ham-
mond’s Iowa Digest, page 65. Numerous cases might be cited in
support of this rule, but such citations are deemed unnecessary. The
county superintendent is presumed to be selected from among his
fellow citizens on account of his ability to exercise asound discretion
SCHOOL LAW DECISIONS. 31

 

Maria L. Dougherty v. L. D. Tracy, County Superintendent.

 

in the discharge of the important duties of his office. He is bound
by a solemn oath to discharge his trusts with fidelity, He is on the
ground and has a personal knowledge of the circumstances. He can
judge of the educational requirements of his county better than an-
other person, scores of miles distant. In his examination of teachers
and in his visits to their schools he can judge of the teacher’s com-
parative and actual merit and ability better than those who have less
extended opportunities for observation. He is responsible to his con-
stituents for the manner in which his duties are performed. His official
acts may be reviewed and modified or annulled by the superintendent
of public instruction. Frequent interference with the discretion of
county superintendents would tend to bring their authority into con-
tempt, and unsettle the foundations of our school system. While,
then, the right to review an abuse of discretion is reserved, and the
right to reverse an illegal decision maintained, the discretion of county
superintendents will not be interfered with unless such interference
is necessary to secure justice or vindicate law.

II. The proof of the violation of law, or of the influence of passion
or prejudice in the performance of official duty must be clear and con-
vincing. Mere opinion, unsupported by facts, is insufficient to estab-
lish the allegation of passion or prejudice. “Asa general rule, wit-
nesses, unless experts, should state facts, not opinions.” Whitmore v.
Bowman, 4 G. Greene, (Iowa), 148. “Except when given by experts,
evidence of mere opinion is not competent, unless upon some controll-
ing ground of necessity: resulting from the nature of the inquiry.”
Daizell v. City of Davenport, 12 Iowa, 487; Danforth, Dennis & Co.
v. Carter & May, 4 Iowa, 230.

In the light of these principles, which are believed to be correct
and proper, conclusions may be readily formed.

It is held that it is not necessary for the county superintendent to
notify the plaintiff of his intention to revoke her certiticate before
taking such action; neither does the law require him to serve a copy
of the revocation upon the plaintiff, subsequently. Courtesy and pro-
priety, however, would dictate that the teacher should receive imme-
diate notice of the revocation from the county superintendent.

The rulings of the county superintendent on the admission of evi-
392 SCHOOL LAW DECISIONS.

 

Maria L. Dougherty v. L. D. Tracy, County Superintendent,

 

dence have no material effect on the final decision of the case, hence
the exceptions of the plaintiff thereto are passed over.

The revocation of a teacher’s certificate is adjudged to be an act of
discretion on the part of the county superintendent, which will not
be interfered with, without satisfactory proof of illegality or of prej-
udice.

In this case, while the weight of testimony is favorable to plaintiff’s
qualification, and opinion is conflicting in regard to prejudice, there
is not a single fact adduced in the testimony upon which the theory
of prejudice can be based. On the other hand the county superin-
tendent headed asubscription to pay plaintiff’s board, and was the first
to pay said subscription. During the term he told the subdirector
that the plaintiff must be sustained in her government of the school
at all hazards; and these facts indicate the absence of prejudice. The
mere opinion of witnesses, unsupported by facts, cannot be received
as satisfactory evidence of prejudice.

Some embarrassment is experienced in this:case from the circum-
stance that the plaintiff belongs to that gentler sex to which we are all
educated to do homage, and the idea is largely prevalent that they
are not amenable to law in an equal degree with the opposite sex; but
having a high regard for the rights of women, we dare not pervert
law even to shield them from its operation. Weare therefore com-

pelied to affirm the decision of the county superintendent.
AFFIRMED.

D. FRANKLIN WELLS,
Superintendent of Public Instruction.
October 1, 1867.
SCHOOL LAW DECISIONS. 33

 

Benjamin Smith v. District Township of Coffin’s Grove.

 

BensaMIn Suita vy. District TowNsHire oF CorFrin’s GROVE.
Appeal from Delaware County.

1. ProcrEpinas. In the absence of proof to the contrary, the legal pre-
sumption is that the proceedings before the county superintendent were
entirely regular.

2. EXPLANATORY NotTss: Force of. Notes to the school law, while proper
aids to school officers, have not the binding force of law, and a non-
compliance with them is not necessarily a violation of law.

On the petition of the electors of subdistrict number one, Coffin’s
Grove district township, the board thereof located the site of a
proposed new school-house “just east of the burying ground, on
the right hand side of the road, adjoining the corner of Mr. Brook’s
field.” From this action plaintiff appealed to the county superin-
tendent on the 25th of March, by whom the case was heard April
19,31867. On the 13th of June the county superintendent issued
an order re-locating the site three-fourths of a mile further south,
and at or near the center of the subdistrict. From this order an
appeal is taken, and thus the case comes up for review.

The appellants claim a reversal of the county superintendent’s de-
cision on the ground:

1. That the county superintendent had no jurisdiction in the
matter.

2. That the county superintendent erred in not taking the deposi-
tions of witnesses in writing and having the same signed and sworn
to by the witnesses.

3. That the county superintendent erred in not making up his
record at the time of the trial.

4, On the merits of the case.

The denial of the county superintendent’s jurisdiction is based on
the fact that the original affidavit does not state that the appeal was
taken within thirty days of the action of the board complained of,
and reference is made to page 57 of “ explanatory notes,” in which it
is stated that this fact should appear, though there is no such specific

5
34 SCHOOL LAW DECISIONS.

 

Benjamiu Smith v. District Township of Coffin’s Grove.

 

requirements in “An act to provide for appeals.” The question natur-
ally arises as to the legal force of these “explanatory notes.” Have
they the effect of statutory provisions, or otherwise? While the right
of every tribunal to establish rules and regulations not inconsistent
with law, must be admitted, these “explanatory notes” made by the
superintendent of public instruction are not legal enactments, nor
“rules and regulations,” and so far from being mandatory in their
character are merely advisory and directory, and intended for the
assistance and guidance of school officers. They are a commentary
on the school law; and as they are replete with good common-sense
suggestions, their observance will render the administration of the
school law more accurate and satisfactory; but a non-compliance with
them is not necessarily a violation of law.

It must be admitted that an affidavit which does not state the date
of the decision or act complained of is very carelessly drawn, and a
superintendent might be justified in refusing to entertain it; but if
it be entertained, it is still competent for the opposite party to show
that the thirty days allowed by law had expired previous to the filing
of the affidavit, and thus secure the dismissal of the case. The law
gives the superintendent jurisdiction within thirty days, and the state
superintendent could not by any rule or regulation annul the statutory
provisions. It is not even claimed by appellants that the time for
taking appeal had expired, and the date of petitions submitted to the
board indicate that it had not expired. In the absence of proof to
the contrary, the legal presumption is that the proceedings before the
county superintendent were entirely regular, and therefore the juris- .
diction of the superintendent must be sustained.

The second and third errors assigned by appellants are also based
on “explanatory notes” instead of upon the law, and cannot be sus-
tained for reasons previously given. While there were things in the
management of this case from which we must withhold our commen-
dation; as there seems to have been a substantial compliance withthe
law, we do not feel justified in dismissing it without an examination
of its merits.

The county superintendent gave due notice of the hearing in writ-
ing to all the electors of the subdistrict. On the day of hearing sev-
eral persons appeared, but no “evidence on either side was offered,”
SCHOOL LAW DECISIONS. 35

 

Joseph F. Edwards et al. v. District Township of West Point.

 

except the original affidavit of Benjamin Smith. The record of the
county superintendent goes on to say: “But to satisfy myself in
regard to the number of inhabitants that would be accommodated
best by the site remaining where it is at present located by said
board,” Nelson Bly, James McBride and Harry Baker were sworn.
“Nelson Bly stated that about thirty families lived in said subdistrict,
and that only about one-third would be accomodated by the site
remaining where it is at present located by said board. James Mc-
Bride corroborated the statements made by Nelson Bly.” After
Henry Baker was sworn “so much confusion and controversy arose”
that it was found “almost impossible to preserve order,” and the
superintendent “proceeded to view the different sites.”

Among the papers sent up by the district secretary were two peti-
tions to the board, one signed by fifteen persons asking that the site
should be located “at or near the corner of Mr. Brook’s field;” the
other signed by twenty-three persons, asking that the site be “estab-
lished as near as practicable in the center of the subdistrict.”

In view of the facts before us we cannot do otherwise than sustain
the county superintendent, whose decision is

AFFIRMED,
D. FRANKLIN WELLS,

Superintendent of Publie Instruction.
December 16, 1867.

Josrpy F. Epwarps et al. v. District Townsaie or West Pont.

Appeal from Lee County.

1, APPEAL. The right of appeal is not limited to cases of personal griev-
ance.

2. DISCRETIONARY Acts. The county superintendent having only appel-
late jurisdiction, should not reverse discretionary acts of the board,
without explicit and clearly stated proof of the abuse of such discretion,
even though not fully approving their action.
36 SCHOOL LAW DECISIONS.

 

Joseph F. Edwards et al. v. District Township of West Point.

 

3. SUBDISTRICT BOUNDARIES: Change of. The acts of a board changing
subdistrict boundaries and locating school-houses are so far discretion-
ary that they should be affirmed on appeal, unless it is shown that there
has been an abuse of discretion.

September 16, 1867, the board of the district township of West
Point, Lee county, transferred one hundred and twenty aeres of land
belonging to one Timothy Allen, from subdistrict number one to sub-
district number three, in the same district township. From this
alteration of subdistrict boundaries, Joseph F. Edwards e¢ ai. ap-
pealed to the county superintendent, by whom the order of the board
was reversed. From this decision of the county superintendent,
Timothy Allen appeals to the superintendent of public instruction.

It is not claimed that the board exceeded their powers in changing
boundary lines, or in any respect violated law. While equality
among the several subdistricts, in area, population, and taxable prop-
erty, is in some respects desirable, it is not required by law, and in
fact is impracticable. The claim in the argument of appellees that
the action of the board was necessarily wrong, because it had the
effect to increase the inequality in some or all of these respects, is
not well founded. It is an element which should receive proper con.
sideration, but it will not always exercise a controlling influence.

Mr. Nourse, in his argument for appellant, claims that “no right
of appeal existed in the plaintiffs who took the case to the county
superintendent”; hence, the county superintendent was without juris-
diction. He claims that to entitle a person to the right of appeal
the grievance must be of a personal oharacter—one that effects the
rights or interests of the individual as distinguished from the public.
In support of this view he refers to the following decisions by our
supreme court: Humphrey v. Ball, 4 G. Greene, 204; Myers v. Simms,
4 Iowa, 500; McCune v. Swafford, 5 Iowa, 552; Lippencott v. Allander,
23 Iowa, 536. In all of these cases it is held that there is no appeal
from the county court or the board of supervisors, unless the griev-
ance is of a personal or individual character as distinguished from
the public; and hence by analogy it is claimed that there is no appeal
from the board of school directors unless the grievance is of a like
character. If the right of appeal in the two cases was derived from
the same statute, the decisions cited above would be conclusive. But
these decisions are based upon section 267, Revision of 1860, in which
SCHOOL LAW DECISIONS. 37

 

Joseph F. Edwards et al. v. District Township of West Point.

 

the right of appeal is limited to “any matter affecting the rights or
interests of individuals as distinguished from the public,” ete.; while
appeals to county superintendents are based on section 2133, Revis-
ion 1860, which provides that “any person aggrieved by any decis-
ion or order of the district board of directors in matter of law or
fact,” may appeal, etc.

As section 2133 does not limit the right of appeal in cases of per-
sonal grievance, the decisions cited have no application in the case
under consideration.

The important point upon which the issue in this case must turn
remains to be stated. The meeting at which the change of subdis-
trict boundaries was made was attended by six of the eight members
of the board, and after a full discussion of the proposed change and
an examination of plats of the district, the change was made by
unanimous vote, and subsequently approved by one of the absent
members. The remaining subdirector, who resides in the subdistrict
from which the territory was taken, opposes the change. It is not
claimed that the law was violated in the change, but only that the
educational interests of the district were impaired.

The question is not so much one of law as of sound judgment and
discretion. The change was approved by seven of the eight members
of the board, who reside in different parts of the township, six of
whom at least are absolutely without personal interest in the matter.
It is opposed by one whose pecuniary interests are contivgently ad-
versely affected. The county superintendent opposes his judgment
to the judgment of the board. What, in such a case, is the duty of
the ultimate tribunal.

The superintendent of public instruction has, as in duty bound, an
earnest desire to sustain the acts and decisions of county superintend-
ents. The legal presumption is always in favor of the correctness of
official acts and decisions. While the state superintendent applies
this principle to county superintendents, it is equally incumbent upon
them to apply it to the decisions or orders of district boards of direct-
ors. It not unfrequently happens that county superintendents decide
appeal cases upon their own judgment and discretion as if thoy had
original, instead of appellate jurisdiction; and fail to give that con-
sideration to the discretion of district boards, which the above prin-
ciple requires.
38 SCHOOL LAW DECISIONS.

 

Joseph F. Edwards et al. y. District Township of West Point.

 

The law prescribing the duties of boards of directors is, in some
respects, mandatory, requiring that certain specified duties shall be
performed in a particular manner. In other cases, the board acts as
a local legislature, and its action is discretionary. Among these dis-
cretionary powers, though not including all of them, are the estab-
lishment and change of subdistrict boundaries and the location of
school-houses. It has been doubted by some whether an appeal to the
county superintendent, from acts of the board wholly discretionary,
would lie. While the right of appeal in such cases is maintained, the
real character should not be lost sight of; and the action of the board
within the limits of the law should not be reversed unless it is evident
that it acted with passion, prejudice, or manifest injustice. It is a
general principle in law that the exercise of discretionary power will
not be interfered with unless it is fully apparent that such power has
been abused. For further remarks on discretionary power and the
manner of proving its abuse, reference is made to the case of Dough-
erty v. Tracy, county superintendent.

In changing subdistrict boundaries, and locating school-houses, the
law gives the board of directors original jurisdiction, and as it is dis-
cretionary power the action of the board should be affirmed on appeal,
unless it is fully apparent by the evidence that the board violated law
or abused its discretion. If there is reasonable doubt the board is enti-
tled to its benefit. The action of the board may notbe wholly approved
by the judgment of the county superintendent, but if it be not illegal
or clearly unjust it should be sustained. When, however, county su-
perintendents feel called upon to reverse decisions of school boards,
they should give a clear and explicit statement of their reasons for so
doing, that the superintendent of public instruction may be the better
enabled to judge of the soundness of their conclusions.

These general remarks have been made with a view to guide county
superintendents in their decisions, as well as to indicate some of the
principles which will be observed by the superintendent of public in-
struction in the adjudication of similar cases.

In the particular case under consideration, the board of directors,
with unusual unanimity, performed a discretionary act. It is not
claimed that this act was illegal or the board was influenced by im-
proper motives. It is not satisfactorily proven that the act was
SCHOOL LAW DECISIONS. 39

 

James ©. Smith v. District Township of Maquoketa,

unjust. In our opinion, the evidence does not sustain the county
superintendent in annulling the order of the board, and his decision
is therefore
REVERSED.
D. FRANKLIN WELLS.
Superintendent of Public Instruction.

February 15, 1868.

James C. Smito v. Distaicr TownsHie or Maquoketa.

Appeal from Jackson County.

1. AFFIDAVIT. The affidavit may be amended when such action is not

prejudicial to the rights of any party interested.
2. COUNTY SUPERINTENDENT. May upon appeal create subdistrict.

At the regular semi-annual meeting of the board of directors of the
district township of Maquoketa, in September, 1867, Jacob Markle and
twenty-seven others presented a petition, asking that all of that portion
of subdistrict number five, lying south of the Maquoketa river, should
be set off into a separate subdistrict. The prayer of the petition was
refused, whereupon James C. Smith, one of the petitioners, appealed
to the county superintendent, who reversed the action of the board
and created a new subdistrict south of the river. From this decision
D. F. Farr and E. H. Patterson appealed to the state superinten-
dent.

The evidence discloses the following facts: Subdistrict number five
is divided by the Maquoketa river into two nearly equal portions, the
school-house being situated on the north side of the river. Said river
is a navigable stream, the only means of crossing it being the ice in
winter and a ferry in summer. It is subject to freshets, and obstruc-
tions from ice, 80 as to be impassable for days in succession. The
weight of evidence shows the river to be such an obstruction that
children cannot, with reasonable facility, enjoy the advantages of a
school on the opposite side from that on which they reside. That
this difficulty was recognized by the board is evidenced by the fact
4O SCHOOL LAW DECISIONS.

 

James C. Smith v. District Township of Maquoketa.

 

that an appropriation of forty dollars was made last summer to sup-
port a school in that part of the subdistrict south of the river. Some
children have never attended school north of the river because their
parents consider the crossing of the river fraught with danger.

The appellant assigns three errors:

1. The insufficiency of the affidavit of J. C. Smith, and the conse
quent want of jurisdiction by the county superintendent.

2. That the county superintendent permitted said affidavit to be
amended on the day of trial, thus admitting its insufficiency.

3. That the county superintendent divided said subdistrict num-
ber five into two subdistricts.

The system of appeals to county superintendents was inaugurated
to provide a speedy and inexpensive method of adjusting difficulties
arising in the administration of school laws. From the fact that
many of the cases arising are prosecuted by the parties interested
without the intervention or assistance of lawyers, no very stringent
rules of practice have been adopted. The object of this system of
appeals is to promote uniformity in the operation of school laws, and
the attainment of substantial justice; and this object should not be
defeated by technical objections.

While the affidavit of said Smith was not as full as it is customary
to make such papers, it yet had such completeness as enabled the
county superintendent to obtain a transcript of the proceedings of
the board relating to the alleged grievance; and the ruling of the
county superintendent on the first two points is sustained. It is
neither intimated nor believed that the irregularities complained of
prejudiced the interests of appellants.

The law imposes equal burdens upon all property in the township
for contributions to the teachers fund and the contingent fund, and
it contemplates that all the youth of the state shall enjoy as nearly
as practicable equal educational facilities. The county superintend-
ent, by his appellate jurisdiction, had power to create the new subdis-
trict. As by the evidence, the youth south of the river could not
with reasonable facility enjoy the advantages of a school on the north
side the county superintendent was justified in interfering with the
SCHOOL LAW DECISIONS. 41

 

S. L. Curry v. District Township of Franklin.

 

discretionary powers of the board, and in establishing a new subdis-
trict south of the river.
AFFIRMED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
February 15, 1868.

S. L. Curry v. Districr Townsuir or FRANKLIN.

Appeal from Decatur County.

1. CouNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an
affidavit is filed.

2. AFFIDAVIT. An affidavit is a statement in writing, signed and made
upon oath before an authorized magistrate.

3. Noricze. The county superintendent should not issue notice of final
hearing until both the affidavit and transcript of the district secretary
have been filed in his office.

4. DISCRETIONARY ACTS. May be reversed on appeal, but should not be
disturbed except upon evidence of unjust exercise or abuse.

December 16, 1867, at a special meeting of the board, a vote to
change the boundaries of subdistricts in the district township of
Franklin, Decatur county, so as to form a new subdistrict in accord-
ance with the prayer of petitioners, resulted in a tie. From this
virtual refusal to act, 8. L. Curry appealed to the county superintend-
ent, who on the 31st of the same month formed a new subdistrict.

Appellant alleges in his affidavit that the county superintendent
assumed jurisdiction of this case without warrant of law; that there
never was “at any time an affidavit or any other statement in said
appeal case filed in the office of” the county superintendent; hence
‘the want of jurisdiction.

The “‘act to provide for appeals,” section two, provides that “The
basis of proceeding shall be an affidavit, filed by the party aggrieved,
with the county superintendent, within the time allowed for taking
‘the appeal.” An affidavit is a statement in writing, signed and made

6
49, SCHOOL LAW DECISIONS.

 

S. L. Curry v. District Township of Franklin.

 

upon oath before an authorized magistrate. A county superintendent
can have no proper jurisdiction of an appeal case until such affidavit
has been filed.” A notice of intention to file an affidavit, a verbal
complaint, or a petition, is not sufficient to give the county superin-
tendent jurisdiction in appeal cases. The affidavit setting forth “the
errors complained of in a plain and concise manner” must be in his
hands before he is justified in commencing proceedings. The deci-
sion of the superintendent recites that the affidavit was filed Decem-
ber 21, which might be taken as conclusive, if it was not contradicted
by the record. The transcript shows that said affidavit was not sub-
scribed and sworn to until December 28, hence we do not clearly see
how it could have been filed on the 21st.

December 24, four days before the affidavit was made, and which
appellant alleges was never filed with the superintendent, said super-
intendent gave notice to the parties that the hearing would take
place on the 30th. This proceeding, as an appeal case, was entirely
unauthorized by law; and as he commenced proceedings in disregard
of the plain provisions of law and without legal jurisdiction, his de-
cision is annulled. In may be said, and not without authority, that
as both parties responded to the notice, and came before the superin-
tendent, that he thereby acquired jurisdiction; but we feel unwilling
to sanction disregard of law by approving such great irregularities.

Without touching the real merits of the question at issue, the
formation of a new subdistrict, which we are willing to leave to the
local authorities, we refer briefly to a few points of law raised by
appellants:

1. The county superintendent should not issue notice of final hear-
ing until both the affidavit and the transcript of the district secretary
have been filed in his office.

2. The law does not require that a revenue stamp shall be affixed
to an affidavit; hence the neglect to cancel such stamp when aflixed is
immaterial.

3. Though the change of subdistrict boundaries by the board is a
discretionary act, it may be reviewed by the county superintendent,
on appeal; but the decision of the board should not be disturbed
unless said discretionary power has been abused or exercised un-
justly.
SCHOOL LAW DECISIONS. 43

 

Cc. 8. Gordon v. District Township of Brown.

4. The county superintendent should have received the remon--
strances offered on trial in evidence, and exercised his judgment as
to their weight and value.

REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.

March 26, 1868.

C. 8. Gorpon v. District TowNnsHIP oF Brown.

Appeal from Linn County.

1. District TownsuHiP. Should not ordinarily contain more than nine
subdistricts.

2. CoUNTY SUPERINTENDENT. Should not reverse an action of the board
which is in accordance with instructions of the superintendent of public
instruction.

3. SUBDISTRICT: Size of. There are serious objections to the formation of
small subdistricts.

The board of the district township of Brown, Linn county, Iowa,.
at a meeting held February 8, 1868, and attended by all the members
of the board, except one, voted unanimously to redistrict the district
township, and to relocate school-house sites in accordance with a de-
cision of the superintendent of public instruction, rendered January
18, 1868, and in accordance with a plat submitted. From the action
of the board in this matter Charles 8. Gordon appealed to the super-
intendent, by whom the case was heard March 12, 1868, and whose
decision, rendered the following day, reversed the action of the board,
on the ground of alleged non-compliance with the decision of the
superintendent of public instruction, as rendered on the said January
28, 1868, in the case of Gordon v. District Township of Brown.

The decision of the superintendent of public instruction above
referred to, was provisory. It declared that if the board of directors
should promptly make certain changes therein indicated, that the
decision of the county superintendent, made November 12, 1867,
44 SCHOOL LAW DECISIONS.

 

Cc. S. Gordon v. District Township of Brown.

 

forming a new subdistrict, should be void; otherwise, in full force
and effect. It required that school-house sites should be selected “at
or near” certain points named; thus giving the board limited discre-
tion in their location, and full discretion in regard to the boundaries
of subdistricts. In one instance, a site was selected about one-fourth
of a mile from the point indicated; but as the plat showed that it was
at the crossing of two roads, and that is was nearer the center of the
subdistrict as established by the board, this variation was approved.
The other sites selected by the board did not vary from the points
indicated in the decision. The changes made by the board on the
said eighth day of February, were submitted to the superintendent of
public instruction, who, March 3, gave them his official sanction and
approval. ,

Mr. Gordon’s appeal was based principally upon the fact that one
of the sites, as explained above, was not at the precise point indicated
by the decision of the superintendent of public instruction; and
-hence, as the board had not strictly complied with the proviso of said
decision, the decision of the county superintendent, made November
12, 1867, establishing a new subdistrict, was in full force and effect,
and should have been regarded by the board.

In support of its action the board offered in evidence the official
approval of the superintendent of public instruction; this, however,
was ruled out by the county superintendent, on the alleged ground
that it was “ex parte testimony” obtained by one party after the in-
auguration of the appeal, without notice to the other party. In this
ruling the county superintendent erred. The decision of the super-
intendent of public instruction being provisory, it was competent for
him to confirm the subsequent action of the board in relation thereto,
and to determine whether the location of sites made was, under the
circumstances, a sufficient compliance with the decision. The phrase
“at or near” implied that there might be a variation from the precise
point named, and when this variation was officially approved, it was
binding upon the county superintendent.

The provisory decision of January 28, permitted the board to exer-
cise all the discretionary power in redistricting which the law con-
fers. From their exercise of this power, also, the plaintiff appeals.
“The record shows that there are now ten subdistricts in Brown dis-
SCHOOL LAW DECISIONS. 45.

 

C. 8. Gordon v. District Township of Brown.

 

trict township ; but the plaintiff wishes another formed which shall
contain only one and one-fourth sections. In our opinion there are
serious objections to the formation of small subdistricts. The small
number of children and small amount of taxable property which they
will usually contain, will insure but a feeble support for the schools.
Cheap teachers, short terms of school, and poor schools will inevita-
bly result. Not every man can have a public school in his own im-
mediate neighborhood. It is better that children should go a little
farther, and have a good school when one is reached. Except in pe--
culiar circumstances, we doubt whether there ever ought to be more
than nine subdistricts in any district township of ordinary size, and
it might be better to have only six. A echool centrally located on
every four or six sections of land, would afford reasonable facilities
to all. Even in populous districts, it would be better to increase the
size of the schools and have more than one teacher if necessary than
to adopt the disastrous policy of subdivision.

The county superintendent in his lengthy argument in support of
his decision, dwells upon some slight discrepancies in the secretary’s
transcript. Ata meeting of the board, February 8, it appears that a
motion was made to “proceed to redistrict,” etc. One transcript says-
this motion carried ; the other omits such a statement. The county
superintendent alleges that it was carried “by only one vote.” Whether
it carried or not is, under the circumstances, entirely immaterial ; as
a motion was subsequently unanimously adopted, the yeas and nays
being called, to adopt a certain plat on which the changed boundaries
of the subdistricts were marked, and the school-house sites indicated..
This was the important vote of the meeting, and in regard to its
adoption there is no question. Even admitting that one man did not
vote for it as claimed, there was still left more than the legally required
number of votes. But the integrity of an official record cannot be
impeached by any such collateral proceeding. It was error to admit.
evidence contradicting the record.

The board of directors had full discretionary powers in the matter
of redistricting the township district, and the manner in which they
exercised this power was a proper subject of review by the county
superintendent on appeal. At the time the plaintiff’s affidavit was.
filed, the county superintendent had no knowledge that the acts of
AGB SCHOOL LAW DECISIONS.

 

Elias Sipple v. District Township of Lester.

 

the board on said 8th day of February had been approved by the
superintendent of public instruction, or that they would be so ap-
proved; he therefore properly assumed jurisdiction of the case. When
however, the action of the superintendent of public instruction be-
came known, the county superintendent should have been governed
by it, and he should have affirmed the action of the board of directors
or dismissed the case.

For reasons heretofore given, as well as upon the real merits of the
case, and to promote the educational interests of the district town-
ship at large, the decision of the county superintendent

REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
June 8, 1868.

Ex1as Sieprte vy. Districr Townsuipe or LEstEr.
Appeal from Black Hawk County.

1. SUBDISTRICT BOUNDARIES: Change of. At the hearing of an appeal be-
fore the county superintendent it is competent for him, upon his own
motion, to call additional witnesses to give testimony. ;

2, EviIpENCE: Parol. Cannot be received in the absence of allegations of
fraud, to contradict or impeach the validity of school district records.

8. ReEcorp. The board may at any time amend the record of the district,
when necessary to correct mistakes or supply omissions. And may,
upon proper showing, be compelled by mandamus, to make such correc-
tions.

At the regular meeting of the board of the district township of
Lester, held September 16, 1867, which was attended by four of
the seven members of the board, motions were made and seconded
for the creation of two new subdistricts whose boundaries were
described in the motions. In regard to the action on these motions
the record of the secretary contains merely the word “ carried.” At
a special meeting of the board, held February 15, 1868, the action
-of the board in September in relation to the formation of new sub-
SCHOOL LAW DECISIONS. 47

 

Elias Sipple v. District Township of Lester.

 

districts was “reconsidered” and “rescinded.” From the February ac-
tion Elias Sipple appealed to the county superintendent. During the
progress of the hearing, which took place March 20, 1868, the county
superintendent called upon one of the four members of the board that
attended the September meeting, who testified that he did not vote for
the motion to create a new subdistrict. As it thus appeared that the
new subdistricts were not established by a vote of a majority of all the
members of the board, as required by law; and as said September ac-
tion was rescinded at a full meeting of the board in February, the
county superintendent, considering the formation of the subdistricts
illegal and void, dismissed the appeal. From this decision Barney
Wheeler appeals to the superintendent of public instruction.

Appellant alleges substantially that the county superintendent
erred as follows:

1. In himself calling a witness to give testimony.

2. In receiving testimony to impeach the district record, which is
claimed to be valid and binding after thirty days.

8. In dismissing the appeal.

4. In not establishing the subdistricts.

The law requires the county superintendent to giwe a “just and
equitable” decision, and as the calling of additional witnesses may
sometimes enable him to discharge this duty more faithfully, his ac-
tion in this respect is sustained.

The second error assigned really includes two distinct points, which
will be considered separately; and first, in regard to the impeachment
of the district record. The law provides for an annual meeting of the
electors of the district township, and for semi-annual and special
meetings of the board of directors; also that “the secretary shall re-
cord all the proceedings of the board and district meetings in separate
books kept for that purpose.” It is a general principle of law that
“oral evidence cannot be substituted for any instrument which the
law requires to be in writing, such as records, public documents,” etc.
1 Greenleaf’s Evidence, § 86. “It is a well settled rule that, where
the law requires the evidence of a transaction to be in writing, oral
evidence cannot be substituted for that, so long as the writing exists
and can be produced; and this rule applies as well to the transactions
of public bodies and officers as to those of individuals.” The People v.
48 SCHOOL LAW DECISIONS.

 

Elias Sipple v. District Township of Lester.

 

Zeyst, 23 N. Y¥.,142. In the case of Taylor v. Henry, 2 Pick. 397, the
supreme court of Massachusetts held that an omission in the records
of a town meeting could not be supplied by parol evidence. Chief
Justice Shaw, in discussing the case, said that it would be “dangerous
to admit such a proof.” Mr. Starkie, in his valuable treatise on Evi.
dence, says: “Where written instruments are appointed either by the
immediate authority of the law or by the compact of the parties, to be
the permanent repositories and testimony of truth, it is a matter both
of principle and of policy to exclude any inferior evidence from being
used either as a substitute for such instruments or to contradict or
alter them; of principle, because such instruments are, in their own
nature and origin, entitled to a much higher degree of credit than that
which appertains to parol evidence; of policy, because it would be at
tended with great mischief and inconvenience, if those instruments
upon which men’s rights depend were liable to be impeached and con-
troverted by loose collateral evidence.” Starkie, part IV, page 995,
volume III, 3d Am. Ed.

The reason of the rule upon which the courts agree with such en-
tire unanimity applies with force in the case now under considera-
tion. The records of the district and board meetings contain a state-
ment of the regulations adopted, and the acts done in the exercise of
the powers with which the respective bodies are invested by the law.
They present to all the citizens of the district township, in a perma-
nent form, certain and definite information which could be obtained,
with equal certainty, in no other way. Memory is defective, but the’
secretary records the transactions as they occur. The actors change
from year to year, but the record is permanent. And though the ad-
mission of oral testimony to alter a record or to supply an omission
therein might sometimes promote the attainment of justice, the prev-
alence of such a practice would result in more evil than good. It is
held, therefore, that in the absence of alleged fraud the county super-
intendent errs in admitting parol evidence to contradict or impeach
the record of the September meeting of the board.

In regard to the other part of the second point a few words will
suffice. The counsel for appellant urges that though the record of
the September meeting was imperfect, the lapse of thirty days made
the record valid and binding upon the district. It is true that the
SCHOOL LAW DECISIONS. 49

 

Elias Sipple v. District Township of Lester.

 

right to take an appeal to the county superintendent expires after
thirty days; but I am unable to see how the lapse of time will vali-
date what was before invalid. The secretary is the proper custodian
of the records of the schoo! district, and before the record of the
proceedings of the board has been approved or adopted by the board,
the secretary may amend them by supplying omissions, or otherwise
correcting them. After they have been approved they may be
amended and corrected by direction of the board, even after the
lapse of thirty days. In Massachusetts a town clerk is permitted to
amend the record in order to supply defects, even after a suit involv-
ing a question respecting them has been commenced. I am of the
opinion that if the secretary or board of directors decline to make
necessary corrections in the record, that a party interested may pro-
ceed by mandamus to compel the correction. If the record is to be
impeached it must be, in the absence of fraud, by a direct proceed-
ing instituted for that purpose, and not by a collateral or indirect
method. The People v. Zeyst, 23 N. Y., 147-8.

The district record in this case is not as full as it might with pro-
priety be. The law provides that the boundaries of subdistricts shall
not be changed except by the vote of a majority of the members of
the board. The record fails to show that this requirement of the
law was complied with at the September meeting. The secretary
says the motion to redistrict “carried.” This is his opinion, but he
fails to give the fact upon which it is based. Four of the seven
members were present, but he does not say who, or how many voted
for the change. Properly this should have been stated. When,
however, the district record declares that a motion was “ carried,”
the law will presume that it was carried in accordance with the re-
quirements of the statute; though there is reason to believe that the
presumption in this instance is a violent one. It follows that there
was no legal evidence that the subdistricts were not established in
accordance with law; hence, the conclusion is inevitable that the
county superintendent erred in dismissing the appeal for the cause
assigned.

At the commencement of the trial and again during its progress,
the defendant moved the county superintendent to dismiss the case
on account of the insufficiency of the affidavit. The affidavit of Mr.

7
50 SCHOOL LAW DECISIONS.

 

Elias Sipple v. District Township of Lester.

 

Sipple is not as full as it is usual to make affidavits in such cases, yet
it “set forth the errors complained of” with such plainness and con-
ciseness as enabled the county superintendent to obtain the neces-
sary transcripts, and this is all that the law really requires. Rev.
1860, § 2135. It has not been customary heretofore to enforce any
particular form of affidavit, and the county superintendent’s ruling
refusing to dismiss on defendant’s motion is sustained.

As the testimony appears not to have been all in when the case was
dismissed by the county superintendent, no opinion can be given in
regard to the propriety or necessity of establishing the proposed new
subdistricts.

The case is, therefore, returned to the county superintendent, who
will proceed with the hearing, firat allowing a reasonable time for the
correction of the district record or for the enforcement of its cor-
rection, should such correction be deemed necessary by either of the
interested parties. Should the district record be amended so as to
show conclusively that the said subdistricts were not legally formed
at the said meeting in September, it will follow that the said subdis-
tricts never had a legal existence, and that the plaintiff could not be
aggrieved by the action of the February meeting, hence the county
superintendent will determine the case in favor of the appellee.
Should said record not be amended, or should it be amended so as to
show clearly that said subdistricts were established in all respects in
conformity with law, the question of establishing the new subdis-
tricts, or more properly retaining their organization, will be deter-
mined upon its merits.

, REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
July 28, 1868.
SCHOOL LAW DECISIONS. 51

 

E. J. Miner v. District Township of Cedar.

 

E. J. Minzgr v. Districr Townsuir oF CEDAR.
Appeal from Floyd County.

1. CONTESTED ELECTION: Jurisdiction. The proper method of determin-
ing a contested election for school director is by an action brought in
the district court.

2 EweEctTion: Evidence of. The certificate of the officers of the annual
subdistrict meeting is the legal evidence of election as subdirector, and
as a general rule a board of directors is justified in declining to recog-
nize a person as a member of the board until he produces such certificate.

3. EvmeEnce. Where the law requires the evidence of a transaction to be
in writing, oral evidence can be substituted for it only when the writing
cannot be produced.

At the regular meeting of the board of directors of the district
township of Cedar, Floyd county, in March 1868, E. J. Miner ap-
peared and filed his oath of office as director of subdistrict number
three of said district township, and claimed recognition as a member
of the board from said subdistrict. The said Miner failed to present
to the board the certificate of the officers of the subdistrict meeting
or any other evidence of his election, except his own verbal statement.
Tt was alleged in the board that he was not legally elected. Under
these circumstances, the board refused him a seat and recognized his
predecessor as holding over. From this order the said Miner ap-
pealed to the county superintendent; who after a full hearing of the
manner in which the election was conducted, reversed the order of
the board, and directed that the said Miner should be recognized as
director of subdistrict number three, and as a member of the board
of directors. From this decision an appeal is taken by A. J. Sweet,
president of the board of directors. The above are but a small por-
tion of the facts presented in the well arranged transcript of the
,, county superintendent, but yet all that are material to the issues in-
volved.

The case presented by these facts is similar to that of Ockerman v.
District Township of Hamilton, and must be governed by the same
principles. It was there held that the only proper way of determin-
52 SCHOOL LAW DECISIONS.

 

E. J. Miner v. District Township of Cedar.

 

ing a contested school election or the right of exercising any public
office or franchise, is by an action in the nature of quo warranto
brought in the district court. It seems unnecessary to repeat the
arguments there used. Reference is made to that case as well as to
the 19 Iowa, 199; 18 Iowa, 59; 16 Lowa, 369; 17 Iowa, 365; and the
other cases there cited. The principle involved in the preceding
references was recognized by the county superintendent, when he
gaid in his decision that “the board of directors has no jurisdiction
to inquire into the legality of the election of its members.” When
this just conclusion was reached, the case should have been dismissed,
for the county superintendent can do on appeal only what the board
itself might legally have done.

The county superintendent held that as the president of the subdis-
trict meeting refused to sign a certificate of election for the said
Miner, that the board might receive other evidence of his election.
In this the county superintendent departed from well established
legal principles. The school law provides that at the meeting of the
electors of the subdistrict on the first Monday in March, “a chairman
and secretary shall be appointed, who shall act as judges of the elec-
tion, and give a certificate of election to the subdirector elect.” Itis
a well settled rule, that where the law requires the evidence of a
transaction to be in writing, oral evidence cannot be substituted for it
when the writing can be produced; and this rule applies alike to the
transactions of public bodies, officers, and individuals. This question
was discussed at some length in the case of Sipple v. District Town-
ship of Lester. Some of the references made are: 1 Greenleaf’s Ev.,
§ 86; People v. Zeyst, 23 N. Y., 142; 2 Pick., 397; and Starkie on Ev.,
part IV, p. 995, volume III, 3d Am. Ed.

There can be no doubt that the law contemplates that the certificate
of the officers of the annual subdistrict meeting shall be the legal
passport to a seat in the board, and that, as a general rule, a board of
directors is justified in declining to recognize a person as a member
of the board until such certificate is produced. If the certificate has
been given and lost, the accident may be remedied by other testi-
mony. If it has been illegally withheld the officer may be coerced
by mandamus to furnish it. If it has been fraudulently given the
law still provides a remedy.
SCHOOL LAW DECISIONS. 53

 

Chiles Moorman v. District Township of Belmont.

 

Nor can the public interests suffer by this construction of the law;
for if there is no election, or if there is a failure to qualify, the stat-
ute provides that the former incumbent of the office of director shall
hold over for another year.

By the light of the previous grinciples it is evident that when,
under the circumstances, the county superintendent proceeded to in-
vestigate the rights of the plaintiff as a school director, he exceeded
his jurisdiction, and that his decision must therefore be overruled.
The law requires that the plaintiff, Miner, shall seek his remedy in
the courts. The decision of the county superintendent is therefore
reversed and the case dismissed.

REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
July 29, 1868.

Cuitzs Moorman vy. Districr TownsHip ofr BELMONT.
Appeal from Warren County.

1. ScHooL-HOUSsE. Removal of. A vote of the electors of a subdistrict to
remove a school-house, will not compel the board to act affirmatively in
Telation thereto.

2. JURISDICTION. An application for an appeal filed within thirty days
from the act of the board complained of will not give the county super-
intendent jurisdiction of the case. The appeal must be taken by afii-
davit.

This appeal was taken to the county superintendent to secure the
removal of the school-house in subdistrict number eight, of this dis-
trict township.

At the annual subdistrict meeting in March, 1868, the electors voted
by a large majority that the removal should be made. At the semi-
annual meeting of the board held March 16, 1868, a motion to remove
the school-house, in accordance with the vote of the subdistrict, was
lost; and from this action of the board the plaintiff, by affidavit, filed
with the county superintendent, May 9, 1868, took an appeal. Pre-
54 SCHOOL LAW DECISIONS.

 

Chiles Moorman Vv. District Township of Belmont.

 

vious to this, that is on the 28th of March, the plaintiff had filed with
the county superintendent an “application for an appeal.” The
county superintendent assumed jurisdiction of the case, and after a
full hearing reversed the decision of the board and ordered the re-
moval of the house. To this decision the appellant takes exception.

The power to locate the site for a school house is vested in the
board of directors, and the power to “fix the site” carries with it the
power to relocate the site. Vance v. District Township of Wilton, 23
Iowa, 408. Hence the vote of the subdistrict electors must be con-
sidered as advisory rather than mandatory.

Exception was taken to the action of the county superintendent on
the ground that the appeal was not taken within the thirty days re-
quired by law, and the record shows that nearly two months had
elapsed before the filing of the affidavit, which by law is made the
basis of appeal. It has been decided in previous cases that the right
of appeal can be enjoyed only within thirty days of the rendition of
the decision complained of, and that the appeal can be instituted only
by filing an affidavit with the superintendent. Curry v. District
Township of Franklin. Following the line of these decisions we are
compelled to hold that the county superintendent had no proper juris-
diction of this case, and that his action thereon is void.

If it is suggested that an “application for an appeal” was made be-
fore the expiration of thirty days from the board’s decision, it must
be replied that the law recognizes no such step in the proceedings.
The law distinctly provides that the basis of appeal shall be “an
affidavit, filed by the party aggrieved with the county superintendent
within the time allowed for taking the appeal.” The application for
an appeal is all very well, provided the affidavit itself is filed within
the time allowed by law; but the filing of the ‘application for an
appeal” is an entirely superfluous and unnecessary proceeding.

As the case was not properly before the county superintendent we
are compelled to set aside his decision, and leave the removal of the
school-house to the discretion of the board of directors.

REVERSED.
D. FRANKLIN WELLS,
Superintendent of Public Instruction.
September 11, 1868.
SCHOOL LAW DECISIONS. 65

 

Hiram Hail et al. v. District Township of Massillon.

 

Hiram Hatt et al. v. District TowNnsaie or Massition.
Appeal from Cedar County.

1. Noticr. The want of notice is waived by the voluntary appearance of
the party for any purpose connected with the cause.

2. SUBDISTRICTS. The practice of cutting district townships into numerous
subdistricts of small size, is detrimental to the educational progress of
the state, and will not be sustained on appeal.

A petition was presented to the board of said district. township at
the regular meeting in March, 1868, praying for the erection of a new
subdistrict. Said petition was laid over for consideration at the re-
gular meeting in September. At the latter meeting two petitions in
opposition were presented. A vote was had upon the proposition,
which resulted adversely to the formation of the new subdistrict—
one vote being cast in favor of, and five votes being cast against the
same. From this action of the board Hiram Hall and others appealed
to the county superintendent, who, on the 21st day of October, 1868,
made an order forming the said subdistrict in accordance with the
prayer of the petition, and the board appeal.

There was a motion for a continuance made on the hearing before
the county superintendent, based upon an alleged want of notice,
which motion was overruled, and the parties proceeded to trial.
The overruling of this motion is one of the errors assigned on this
appeal.

The want of notice, if there was any, was waived by the voluntary
appearance of the party making the motion, and as the opposite
party proposed to admit everything expected to be proven, in case of
& continuance being granted, no injustice resulted, and therefore this
error is not sustained.

The decision of the county superintendent will be reversed, how-
ever, on other grounds.

The proposed new subdistrict embraces but two and one-half seo-
tions of land, inhabited by fifteen families, having in all but twenty-
56 SCHOOL LAW DECISIONS.

 

Hiram Hall et al. y. District Township of Massillon.

 

seven persons between the ages of five and twenty-one years; not
enough to maintain a good school.

The practice of cutting district townships into numerous subdis-
tricts of small size, is detrimental to the educational progress of the
state. It increases the number of schools, and correspondingly re-
duces the number of pupils in each school, by reason of which, teach-
ers of a lower grade must be employed, poorer school-houses built, or
the expense of carrying on the schools greatly increased. Experience
has demonstrated that it is better to have fewer subdistricts with bet-
ter school-houses, and teachers of a high standard of qualifications,
than to have more and smaller subdistricts, poor houses, small schools,
and teachers of a low grade.

It is impossible in country districts to place a school-house in every
man’s door-yard—so to speak. Some must of necessity, be more re-
mote from schools than others. From the plat submitted in this case
it appears the farthest any scholars residing within the limits of the
proposed subdistrict have to go to reach the school-houses now in
use, is about one and one-half miles, and this is less than the average
distance the children of most subdistricts in the state have to travel
in going to and returning from school. See further the case of Gor.
don v. District Township of Brown.

REVERSED.
LEWIS I. COULTER,
Acting Superintendent of Public Instruction.
January 27, 1869.
SCHOOL LAW DECISIONS. 57

 

Z. W. Remington v. District Township of Boomer,

 

Z. W. Remincton v. Distzicr Townsuie or Boomer.

Appeal from Pottawattamie County.

1. JURISDICTION. The county superintendent has not jurisdiction of
cases involving a money demand.

2, ScHooL ORDERS. When improperly issued by the board, the proper
remedy is an injunction from the civil courts.

The case presented by the record is this: On the 12th day of Oc-
tober, the board of directors of Boomer district township met in
special session and made a settlement with one L. 8. Axtell, who was
the contractor for the erection of certain school houses in said dis-
trict township. From the action of the board, Z. W. Remington ap-
pealed to the county superintendent. The superintendent dismissed
the appeal upon the ground that the settlement with Axtell was for a
money demand, and therefore involved a question over which he
could exercise no jurisdiction. Remington again appeals.

If there was anything wrong in the action of the board issuing
orders in favor of Axtell for the payment of his claim for building
the school-houses that would render them invaitid, plaintiff’s remedy,
if any, would have been by injunction to restrain the payment of
such orders, or by some other proper action in the civil courts, and
not by appeal to the county superintendent, as the latter tribunal is
not clothed by the statute with authority to inquire into or deter-
mine the validity of school orders. The county superintendent,
therefore, very properly decided to dismiss the appeal, and his order
in the case is hereby

AFFIRMED.
A. 8. KISSELL,
Superintendent of Public Instruction.
May 17, 1870.
58 SCHOOL LAW DECISIONS.

 

Hiram Dayton v. District Township of Cedar.

 

Hiram Dayton vy. Districr TownsuHip oF CEpaR.
Appeal from Washington County.

APPEAL. Where changes are effected in district boundaries by the concur-
rent action of two boards, appeal may be taken from the order of the
board concurring or refusing to concur, but not from the order of the
board taking action first.

On the 18th day of September, 1871, the board of directors of the
district township of Cedar, Washington county, passed a resolution
to attach a portion of subdistrict number three to subdistrict number
ten in the same township.

On the 14th day of October, Hiram Dayton appealed from the ac-
tion of the board to the county superintendent, who, on the 12th day
of December, 1871, on motion of appellee, dismissed the case for
want of jurisdiction.

From this decision an appeal is taken to the superintendent of pub-
lic instruction.

From the transcript it appears that subdistrict number three,
coneerning which the appeal is taken, is one of those school districts
formed prior to March, 1858, and for which special provision was
made when our present district township system was adopted. It
consists of about three sections of land in Cedar township and nearly
the same amount in Seventy Six township, with its school-house in
Cedar, and hence all under the control of the district township of
Cedar for school purposes.

Section 89, School Laws, provides that “the boundaries of such sub-
district shall not be changed, except with the concurrence of the boards
of directors of the townships interested.”

The board resolved that the west half of sections eighteen, nineteen
and thirty, lying in subdistrict number three, be attached to subdis-
trict number ten for school purposes.

The appellant in his affidavit alleges among other errors committed
by the board, that they erred in attempting to attach this tract to
number ten, for the reason that said act was in effect dividing the
SCHUOL LAW DECISIONS. 59

 

Hiram Dayton v. District Township of Cedar.

 

subdistrict without the concurrence of the board of directors of
Seventy Six township, and therefore illegal.

The attorneys for appellee file a demurrer to the affidavit “because
the said affidavit shows that the concurrent action of the two boards
is necessary to divide said subdistrict,” that this resolution being
only the initiative act, does not divide the district, and is without
force till concurred in by the other board, that no appeal can be had
from an incomplete action, and that the appellant had a3 yet suffered
no grievance, and had no ground of appeal.

The county superintendent sustained the demurrer and dismissed
the case for want of jurisdiction.

This case involves an interesting question, and one, we believe, not
hitherto determined by this department, viz.: In those changes of
boundaries requiring the concurrent action of two boards, from which
action, if any, will an appeal lie?

In a somewhat analogous case, Dobbins and Briggs v. District Town-
ship of Salem, a petition was presented to a board to change the
boundaries between a district township and an independent district,
the petition was refused ; an appeal was taken to the county superin-
tendent, who not only reversed their action, but decided to do more
than one board could have done, and ordered the changes to be made.

This decision, we think, was very properly reversed; for the reason
that the county superintendent could not do on appeal what was
clearly beyond the power of the board, from which the appeal was
taken, the concurrence of another board being necessary to complete
the action. Another question, however, wholly distinct from this, is,
has a county superintendent any jurisdiction in such a case? Can he
properly affirm or reverse the decision of a board that initiates a
movement which is completed or not at the option of another board?
After careful consideration we are forced to the conclusion that he
cannot. That an appeal will not lie from an order of a board making
a change in district township boundaries, where the concurrence of
another board is necessary to make the change. Otherwise a county
superintendent may have to entertain and decide upon two appeals in
one and the same case. This, in our opinion, would lead to confusion
and unnecessary litigation. The law provides that “any person ag-
grieved by any decision or order of the district board of directors, in
60 SCHOOL LAW DECISIONS.

 

W. P. Davis v. District Township of Madison.

 

matter of law, or fact, may appeal therefrom to the county superin-
tendent.” But if the order or decision is simply the initiative move-
ment, though the action is not void, it remains inoperative, and with-
out force, until concurred in, and does not of itself constitute a cause
of grievance. In our opinion, equal and full justice will be secured
in ali such cases, if the appeal is taken only from the action of the
board concurring or refusing to concur with the former action of
another board interested. From this we believe an appeal should lie.

In the case before us, if the board, as alleged in the affidavit, seek
to do an illegal act, or refuse to perform any duty imposed by law,
they can be restrained by injunction, or compelled to do their duty
by a resort to the civil courts.

It is therefore held that the county superintendent properly dis-
missed the case for want of jurisdiction, and his decision is therefore

AFFIRMED.
ALONZO ABERNETHY,

Superintendent of Public Instruction.
March 22, 1872,

W. P. Davis v. District TownsHip or Mapison.

Appeal from Fremont County.

1. ConTRaAcTs. Contracts for the erection of school-houses, made by a sub-
director or committee, require the approval of the board.

2. ScHooL Funps: Disbursement of. The treasurer is the proper custodian
of all funds belonging to the district, and can legally pay them out only
upon orders specifying the fund upon which they are drawn and the spe-
cific use to which they are applied. The board cannot authorize the sub-
director to use the public funds for any purpose.

8. CLAIMS. Just claims against the district can be enforced only in the
courts of law.

4. SUBDISTRICT. A subdistrict is not a corporate body, and has no control
of any public fund.

The electors of the district township of Madison, Fremont county,
on the eleventh day of March, 1871, voted a tax of two and one-half
mills on the taxable property of the district township, for school-
SCHOOL LAW DECISIONS. 61

 

W. P. Davis v. District Township of Madison.

 

house purposes, and directed that three hundred dollars of the
amount thus raised should be used for the erection of a school-house
in subdistrict number nine.

March 20, 1871, W. P. Davis, subdirector of subdistrict number
nine, was appointed a committee to build a school-house in said sub-
district. Ihe house having been completed, at a special meeting of
the board held June 1, 1872, it was moved that the report of the com-
mittee be received, and the school-house be accepted; also, that the
secretary be instructed to draw an order on the treasurer for three
hundred dollars, for subdistrict number nine. Both motions were
lost, from which action the said W. P. Davis appealed to the county
superintendent, who, on the 9th day of August, 1872, reversed the
action of the board.

The district township, through its president, W. H. Gandy, appeals
to the superintendent of public instruction.

The history of this case very fully illustrates the loose and irregu-
lar manner in which school officers too frequently transact official
business. Section 15 of the School Laws provides that the board of
directors “shall make all contracts, purchases, payments, and sales
necessary to carry out any vote of the district, but before erecting
any school-house they shall consult with the county superintendent
as to the most approved plan of such building.”

If the contract is made by asubdirector or committee of the board,
it should in all cases be approved by the board before work is com-
menced.

A misapprehension often exists as to the manner in which school
funds should be disbursed. The treasurer is the proper custodian of
all funds belonging to the district township, and the law provides
that he “shall pay no order which does not specify the fund on whieh
it is drawn, and the specific use to which it is applied,” 7. ¢. for work
done, material furnished, or the like.

The board are also required to ‘‘audit and allow all just claims
against the district, and no order shall be drawn on the district treas-
ury until the claim for which it is drawn has been so audited and al-
lowed.” This rule applies equally where funds are voted by the
district township for the purpose of building school-houses in partic-
ular subdistricts, also where taxes have been raised on the property
62 SCHOOL LAW DECISIONS.

 

J. D, Caldwell v. Stephen Peebles, County Superintendent.

 

of subdistricts in accordance with the proviso of section twenty-
eight.

Such funds, or so much of them as may be required to carry out
the vote of the electors, should be devoted to the specific object for
which they were voted, but the disbursement should in all cases be
under the direction and authority of the board.

Boards have no authority to give subdirectors money to use in their
subdistricts for building school-houses or any other purpose, nor sub-
directors to use money so received. A subdistrict is not a corporate
body, and has no control of any public fund.

If Davis has a just claim against the district township of Madison
which the board refuse to allow, or if the board refuse to apply the
amount voted by the electors to the specific object for which it was
designed, viz.: the erection of a school-house in subdistrict number
nine, the civil courts only can furnish a means of redress.

REVERSED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
October 30, 1872.

J.D. Catpwett v. StepHen Peesries, County SuPERINTENDENT.
Appeal from Mills County.

1. REVOCATION OF TEACHER’S CERTIFICATE. A teacher’s certificate can
be legally revoked only upon proof of charges of which he has had per-
sonal notice, and against which he has had the opportunity to make his
defense.

A person addicted to the use of intoxicating liquors who even
occasionally becomes intoxicated is not likely to promote correct moral
teaching in the public schools by his example, nor to possess such moral
character as to entitle him to a teacher’s certificate.

 

Complaint having been made to the county superintendent that J.
D. Caldwell, a teacher, was addicted to the use of intoxicating liquors,
an examination of the charges was made May 10, 1873, as provided
by law, the result of which was the revocation of Mr. Caldwell’s cer-
SCHOOL LAW DECISIONS. 63

 

J. D. Caldwell v. Stephen Peebles, County Superintendent.

 

tificate. Mr. Caldwell appeals to the superintendent of public in-
struction.

We need not comment upon the testimony in the trial, since the
county superintendent admits that the specifications contained in the
complaint were not sustained. Facts, however, were developed inci-
dentally, in the examination of witnesses, apart from the direct issues
involved, to satisfy the county superintendent that the defendant
does not possess 2 good moral character, and we are not sure but his
conclusions are properly deducible from the evidence.

The law, however, providing for the revocation of certificates, re-
quires that it shall only be “after an investigation of facts in the
case, of which investigation the teacher shall have personal notice,
and he shall be permitted to be present and make his defense.”

In this instance, certain charges were preferred in an information,
of which the teacher had due notice, and, as it appears, successfully
defended himself against the charges made, and there rested his
case. ,

It is, perhaps, doubtful if the superintendent has the authority to
revoke a certificate upon evidence incidentally developed in the trial,
however damaging in its nature, the substance of which was not
contained in the original notice, and against which no defense was
attempted. ‘

We fully agree with the superintendent that a person addicted to
the use of intoxicating liquors, who even occasionally becomes intox-
icated, and who is in the habit of visiting disreputable beer saloons,
does not possess that degree of moral character to entitle him to a
.teacher’s certificate under our statute. We cannot too highly com-
mend the efforts of county superintendents to promote correct moral
teaching in the public schools through the example of the teacher.

Disqualifications of this nature should be fully proved, and in the
manner prescribed by law; and we reluctantly set aside this decision,
believing that the superintendent was actuated by worthy motives,
and did the act solely with a view to promote the good of the schools,
and in the conscientious discharge of a public duty.

ReEveRsED.
ALONZO ABERNETHY,

Superintendent of Public Instruction.
May 31, 1873.
64 SCHOOL LAW DECISIONS,

 

James Bunn v. District Township of Douglas.

 

James Bunn v. District Townsuip or Dovatas.
Appeal from Ida County.

1. Contracts. The district township is bound by the contract of the
subdirector when made according to instructions of the board.

. If asubdirector enter into a contract on behalf of the district,
without authority of the board, he does so at his own risk; such con-
tract is not binding upon the district unless approved by the board.

 

3, RULES AND REGULATIONS. The power to prescribe rules and regula-
tions for the government of the board is not a function of the electors.
A rule adopted by the board, and not a provision of law, may be modi-
fied at the option of the board.

A contract for furnishing the schoo!-houses in subdistricts numbers
one and two with new seats, was approved by the board of directors;
the county superintendent, upon appeal, affirmed the action of the
board; James Bunn appeals to the superintendent of public instruc-
tion.

It is claimed by the appellant:

1. That the contract was made without authority from the board.

2. That new seats could not be legally purchased without a vote
of the electors.

3. That by rule of the board public notice should be given before ,
making any contract, except with teachers.

The district township is bound by the contract of the subdirector
when made and entered into according to the specitic instructions and
directions of the board. Thompson v. Linn, 35 Iowa, 361.

If a subdirector enters into a contract on behalf of the district,
without being authorized by the board, he does so at his own risk;
such contract is not binding upon the district unless approved by the
board; being approved, however, the district becomes responsible for
the performance of the contract on its part. Atlrmative action of the
electors is not required by law before the board of directors can pro-
cure new seats for a school-house.
SCHOOL LAW DECISIONS. 65

 

D. K. Taylor v. Independent District of Eldon.

 

It appears from the transcript that the rule mentioned was adopted
and prescribed by the district township meeting, and not by the board
of directors; the power to prescribe rules and regulations for the gov-
ernment of the board of directors, except as specifically named in the
law, is not a function of the electors when 2ssembled at the district
township meeting. Any rule adopted by the board, and not a pro-
vision of law, may be modified or disregarded at the option of the
board.

AFFIRMED,
ALONZO ABERNETHY,
Superintendent of Public Instruction.
December 2, 1873. é

D. K. Taytor v. INDEPENDENT District oF ELpon.
Appeal from Wapello County.

1. APPEAL. Appeal may be taken from an action of the board which au-
thorizes the making of a contract, but not from a subsequent action or
order complying with the terms of a contract previously made; nor from
an action authorizing the issuance of an order in payment of a debt con-
tracted by previous action of the board.

2. ————. A case whose sole purpose is to determine the validity of an
order on the district treasury, or the equity of a claim, cannot be enter-
tained on appeal to the county superintendent; the courts of law alone
can furnish an adequate remedy.

From the transcript it appears that on the 3d day of December,
1873, the board passed an order authorizing the payment of five per
cent commission for negotiating the district bonds, and on the same
day another authorizing D. P. Stubbs to negotiate said bonds.

On the’ 3d day of February, 1874, the board passed an order instruct-
ing the president and secretary to draw an order for $90 on the dis-
trict treasury in favor of said D. P. Stubbs, for services rendered in
negotiating said bonds, in accordance with the previous action of the
board on December 3, 1873. From the action of the board in issuing
said order of $90 this appeal was taken.

9
66 SCHOOL LAW DECISIONS.

 

D. K. Taylor v. Independent District of Eldon.

 

The county superintendent dismissed the case, on the ground that
it was an action authorizing the payment of money, and a decision
thereon would be equivalent to rendering a judgment for money,
which is prohibited by the provisions of section 1836, Code. D. K.
Taylor again appeals.

Appeal may be taken from any action of the board which authorizes
the making of a contract, but not from a subsequent action or order
complying with the terms of a contract previously made; or from an
action authorizing the issuance of an order in payment of a debt con-
tracted by a previous action of the board.

The order appealed from in this case is not a new action of the
board, but a necessary result of the order of December 8, 1873. If
the first action was legal and proper, the last is both proper and nec-
essary, the services having been performed. Any interested party
might have appealed, at the proper time, from the action of Decem-
ber 3, authorizing the payment of five per cent commission for nego-
tiating bonds or authorizing the appointment of an agent therefor.
But the time for an appeal, thirty days, having expired, appeal can-
not now be taken from the subsequent action, which is simply carry-
ing out their previous action, and the terms of the contract made
thereunder.

In the case of Winters et al. v. District Township of Clay, it is held
that, to determine the validity of an order on the district treasury,
or the equity of a claim, is equivalent to the rendition of a judgment
for money, and a case whose sole purpose is to determine this ques-
tion cannot be entertained on appeal; that the courts of law alone
can furnish an adequate remedy, if the law has been violated, or the
interests of the district have suffered by the making of contracts or
the issuing of orders for money on the treasury.

AFFIRMED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
May 5, 1874.
SCHOOL LAW DECISIONS. 67

 

A. Beard et al. v. District Township of Washington.

 

A. BEARD et al. Vv. DISTRICT TOWNSHIP OF WASHINGTON.
Appeal from Ringgold County.

1. SUBDISTRICT BOUNDARIES. Subdistrict boundaries can be changed only
by affirmative vote of a majority of all the members of the board.

2. APPEAL. Appeal will not be entertained from the action of the board
in rescinding a previous illegal action.

The board of the above named district consists of four members.
On the 24th day of January, 1874, three members of the board met,
pursuant to notice, for the purpose of forming a new subdistrict to
consist of sections 27, 28, 33, and 34. Upon motion to establish said
subdistrict, two of the members voted in the affirmative and one in
the negative: by this action the subdistrict was considered as formed,
and was so entered upon the record. On February 14, the board met
pursuant to notice, for the purpose of reconsidering their action of
January 24. Upon motion that the action of the board in establish-
ing said subdistrict be annulled, three members voted in the affirma-
ative, and one in the negative. From this action appeal was taken to
the county superintendent, who simply reversed the action of the
board. I. F. Howell e¢ al appeal to the superintendent of public in-
struction.

Section 1738, School Laws of 1873, provides that the boundaries of
subdistricts shall not be changed, except by a vote of the majority of
the board. Therefore, the subdistrict in question was not legally
established by the action of the board of January 24; their subse-
quent action relative thereto may properly be considered as simply
correcting the records of the meeting. Neither would the action of
the county superintendent in reversing such action, have the effect to
establish the subdistrict.

Since the action of the board was entirely proper under the cir-
cumstances in making such correction, the decision of the county
superintendent is hereby REVERSED.

ALONZO ABERNETHY,
Superintendent of Public Instruction.
June 4, 1874.
68 SCHOOL LAW DECISIONS.

 

E. Watson v. District Township of Exira.

 

E. Watson v. District TowNnsHip or Exira.

Appeal from Audubon County.

PUNISHMENT. The punishment of a pupil with undue severity, or with an
improper instrument, is unwarrantable, and may serve, in some degree
to indicate the animus of the teacher.

Charges were preferred against E. Watson, a teacher in the schools
of the district above named, for harsh and unreasonable punishment
of a pupil; upon investigation the teacher was discharged; from this
action of the board he appealed to the county superintendent, who
reversed their action. The district appeals to the superintendent of
public instruction.

From the evidence it appears that the pupil, upon whom the pun-
ishment was inflicted, was a boy thirteen years of age, and that the
offense was such that punishment was deserved. The instrument se-
lected for inflicting punishment was a hickory stick, three-fourths of
an inch in diameter at one end, and one-half inch at the other, and
fifteen or eighteen inches long. The punishment was inflicted: by
striking upon the palm of the hand from eight to twelve strokes. It
appears that the boy’s hand was thereby disabled for some days.

It is alleged by the teacher that'the punishment was inflicted for
the good of the school, and that it was without malice on his part.
We consider the selection of such an instrument for the punishment
of a pupil injudicious, unwarrantable, and dangerous, and that con-
sequences might be fraught with the gravest results, and that such
selection may serve in some degree, to indicate the animue of the
teacher. REVERSED.

ALONZO ABERNETHY,
Superintendent of Public Instruction.
June 6, 1874.
\

SCHOOL LAW DECISIONS. 69

 

Sanford Harwood v. Independent District of Charles City.

 

Sanrorp Harwoop v. INDEPENDENT District oF CHaRusEs City.
Appeal from Floyd County.

1. PUNISHMENT: Right to inflict upon pupils. The right of the parent to
restrain and coerce obedience in children applies equally to the teacher,
or to any one who acts in loco parentis.

2. RULES AND REGULATIONS. Boards of directors and their agents, the
teachers, may establish reasonable rules for the government of schools
and the control of pupils.

 

3: The teacher has the right to require a pupil to answer questions
which tend to elicit facts concerning his conduct in school.

4. ———. The pupil is answerable for acts which terd to produce merri
ment in the school or to degrade the teacher.

5. Open violation of the rules of the school cannot be shielded

 

from investigation under the plea that it invades the rights of con-
science.

6. BOARD OF DirecTors. The board should be sustained in all legiti-
mate and reasonable measures to maintain order and discipline, to up-
hold the rightful authority of the teacher, and to prevent or suppress
insubordination in the school.

This case involves the right of a teacher to require a pupil to
answer questions concerning his conduct in school, or to testify
against himself.

Burritt Harwood, a member of the bigh school department, having
broken certain rules of the school, was suspended by the superintend-
ent for refusing to answer 2 question relating thereto. The pupil’s
father petitioned the board of directors to restore the pupil. The
board having investigated the facts adopted the following:

“Resolved, That the school board sustain Prof. Shepard in his sus-
pension of Burritt Harwood, provided Burritt Harwood be reinstated
if he answer the question, for the refusal to answer which he was
suspended, subject to such further action as may be taken by the
principal or school board for making and circulating the caricature.”
The president and four other members voting for, and one against
the resolution. From this action of the board, 8. Harwood appealed
to the county superintendent, who reversed their action. The board,
“0 SCHOOL LAW DECISIONS.

 

Sanford Harwood v. Independent District of Charles City.

through their president, appeal to the superintendent of public in-
struction.

The power of the parent to restrain and coerce obedience in chil-
dren cannot be doubted, and it has seldom or never been denied. This
principle applies equally to the teacher or to any one who acts in loco
parentis. Boards of directors and their agents, the teachers, may
establish all reasonable and proper rules for the government of
schools, and to control the conduct of pupils attending the same,
“Any rule of the school not subversive of the rights of the children
or parents, or in conflict with humanity and the precepts of divine
law, which tends to advance the object of the law in establishing pub-
lic schools, must be considered reasonable and proper.” Burdick v.
Babcock, 31 Iowa, 562.

The superintendent had occasion to leave the high school in charge
of his assistant while he should attend to official duties elsewhere.
On his return about 4 Pp. M., the assistant reported that there had been
much disorder on the part of some of the pupils, and that she had re-
quired several of the pupils to remain and report their misdemeanors
to the superintendent. Burritt Harwood being called upon, said, in
substance, I have two misdemeanors to report: I threw snow into the
lower hall during recess, and I passed a piece of paper across the aisle
to my brother’s desk. Both are recognized as violations of the rules
of the schoo]. The nature and magnitude of the first are readily
discernible, and need no further investigation; not so of the second,
much depends upon the character of the “piece of paper,” whether
simply blank paper, or containing writing or other marks; being
asked to state the nature of the paper, he at first answered evasively.
Being farther questioned, he replied that it was “pictorial” that it
was a “burlesque or caricature,” that “it represented the school-house
and some person or persons,” that “the person or persons represented
were connected with the school.” The further question, “whom he
had intended to burlesque,” after some hesitation, he declined to
answer. For this act of disobedience he was suspended.

The question which he refused to answer appears to differ in no
essential feature fron those previously answered. By it the teacher
simply sought to discover an additional fact in connection with the
case. If he had a right to ask the former he had the latter. If there
SCHOOL LAW DECISIONS. val

 

Sanford Harwood v. Independent District of Charles City.

 

is any reason why the pupil had the right or should claim the privi-
lege of declining to answer the last, he should have stated it, Cer-
tainly no good reason appears from the nature of the offense, and the
degree of punishment which it merited depended upon the informa-
tion which the teacher sought to obtain by this and the previous
question. If the paper contained simply the solution of a problem
or something connected with his lesson, it merited one degree of pun-
ishment; if its purpose was to create merriment among the pupils,
thus diverting their attention from their studies, it required another
degree; if by it the pupil sought to bring ridicule upon a teacher, to
the prejudice of the good order and government of the school, still
another; each would be a violation of the rules, but not each equally
punishable. The claim of appellee that it was an attempt to pry
into the secrets of the heart, and was a violation of the right of con-
science, is scarcely sustained by the facts. The question “whom did
you intend to represent,” is essentially equivalent to “whom did you
represent.” Its purpose evidently was not to find out the thought or
intent, but the act of the pupil. The question was simply what was
the character of the picture drawn and circulation to the disturbance
of the school. 1t does not appear how the rights of conscience would
be violated in answering the question. It may be true that the pic-
ture itself, if produced, would furnish the best evidence, but the
teacher clearly had the right, in its absence, and knowing nothing of
ita nature beyond what the pupil had already revealed, to seek this
information directly and immediately by proper questions. Nor can
the pupil shield himself under the provision of the law that a pris-
oner at the bar cannot be compelled to answer questions which will
tend to render him criminally liable or expose him to public igno-
miny. He is, in no proper sense, accused of crime before a court of
law, authorized to sit in judgment under a criminal code.

The picture, which was afterward produced, reveals anything but
a right spirit in the pupil. Probably no one who has seen it doubts
that it is a coarse caricature of the superintendent and his assistant.
His refusal to answer was evidently not that he could not conscien-
tiously do so, nor that it would tend to criminate himself, but was a
deliberate act of insubordination. All the attendant circumstances,
the evasive and studied replies to the superintendent’s questions, the
72, SCHOOL LAW DECISIONS.

 

T. J. Rook v. District Township of Liberty.

 

caricature itself, and its circulation through the school during the
absence of the superintendent, together with a previous malicious
caricature of the same nature, all reveal a disregard for the regula-
tions of the school, the respectful conduct due from a pupil, and an
animus toward the teacher anything but proper.

In our opinion unnecessary stress was laid, in the trial before the
superintendent, upon the technical ground of of suspension by the su-
perintendent. The board having had the.whole subject nnder inves-
tigation, including statements of the offenses from both the superin-
tendent and the pupil, sustained the superintendent, or in other words,
suspended the pupil conditionally from the school, as they probably
had a right to do for any one of the offenses named. This being a
discretionary act, due weight must be given to such action by an ap-
pellate tribunal, especially should the board be sustained in all legit-
imate and reasonable measures to maintain order and discipline, to
uphold the rightful authority of the teacher and to prevent or sup-

press insubordination in the school.
REVERSED.

ALONZO ABERNETHY,

Superintendent of Public Instruction.
June 8, 1874.

T. J. Roox v. District Townsuir or Liperry.
Appeal from Clarke County.

ScHOOL-HOUSE TAX. All taxes voted by the district township meeting
must be apportioned among the subdistricts. All taxes voted by the
subdistrict meeting which the district township neglects or refuses to
grant, must be certified and levied upon the subdistrict. The board
have no option but to obey the requirements of the law,

Under the provisions of section 1778, School Laws of 1874, the
electors of subdistrict number six, of the above named district town-
ship, voted to raise the sum of four hundred dollars for the erection
of a school-house; the sum was properly certified to the district town-
ship meeting, which refused to grant the request. The board of di-
SCHOOL LAW DECISIONS. 73

 

Henry Brewer et al. v. District Township of Washington.

 

rectors certified the amount to the board of supervisors to be levied
directly upon the subdistrict making the request. From this action
appeal was taken to the county superintendent who affirmed the
action of the board. T. J. Rook appeals.

The errors alleged to have been committed are:

1. That the township electors neglected or refused to grant the
request of the electors of subdistrict number six.

2. That the board refused to apportion the amount voted by the
subdistrict among the subdistricts-of the township.

It is wholly discretionary with the township electors whether such
requests are granted or not; from their action no appeal can be taken.
If they vote to grant such request, the amount must be apportioned
by the board among the subdistricts of the township; if they neglect
or refuse to grant it, the amount must be certified to the board of
supervisors, to be levied directly upon the subdistrict making the re-
quest. Section 1778, School Laws of 1874.

The board have no option in such case; it is their duty simply to

obey the requirements of the law.
AFFIRMED.

ALONZO ABERNETHY,

Superintendent of Public Instruction.
October 5, 1874.

Henry Brewer et al. v. District TowNsHIP OF WASHINGTON.

Appeal from Van Buren County.

REHEARING. The county superintendent may, for sufficient cause, grant a
rehearing

The action of the board in refusing to form a new subdistrict, num-
ber two, of the above named district township, was affirmed by the
county superintendent.

After the rendition of the decision a motion and affidavit were filed
by the appellants asking that a new trial be granted, the affiants alleg-
ing that the evidence was not properly taken down at the time of the
trial; also, that new evidence had been discovered, materially affect-

10
74 SCHOOL LAW DECISIONS.

 

Henry Brewer et al. v. District Township of Washington.

 

ing the question at issue. The motion was granted by the county
superintendent.

At the subsequent trial the appellee filed a motion to dismiss the
case upon the following grounds:

1. That no sufficient affidavit was filed in the first instance, and
that the superintendent never acquired jurisdiction.

2. The rehearing was granted without authority of law.

This motion was overruled by the superintendent. The trial re-
sulted as before, in the affirmance of the action of the board. Henry
Brewer et al. appeal.

At the trial before the superintendent of public instruction the
appellee filed a motion to dismiss the case upon the ground:

1. That the county superintendent had no jurisdiction to grant a
new trial.

2, That if he had authority to grant a new trial, it could only be
. for sufficient cause, and that no such cause was shown.

It is held that the county superintendent may, for sufficient cause,
grant a new trial, and in so doing should be governed by the princi-
ples and rules pertaining to courts of law, so far as the same are ap-
plicable. Although some doubts may exist as to the sufficiency of the
reasons assigned for granting a new trial in this case, and of the reg-
ularity of the proceedings, yet, sinee the second trial resulted as the
first, and was without prejudice to the interests of the appellee, the
discretion of the county superintendent will not be interfered with;
the case is, therefore, properly before the superintendent of public
instruction for a consideration of its merits.

From a careful examination of the evidence, it is found that the
injustice complained of is not of such a character as to require any
interference with the action of the board, or of the county superin-
tendent.

AFFIRMED.
ALONZO ABERNETHY.

Superintendent of Public Instruction.
February 11, 1875.
SCHOOL LAW DECISIONS. 15

 

John S. David v. Independent District of Burlington.

 

Joun 8. Davw vy. INDEPENDENT District oF BurLInGToN.
Appeal from Des Moines County.

1. ScHoou. Every person between the ages of five and twenty-one years
has the right to attend school in the district in which he resides, regard-
less of considerations relating to race, nationality, the holding of prop-
erty, or the payment of taxes.

2, —-—— The payment of school taxes does not entitle non-residents to
school privileges.

— The board have authority to determine when, and upon what
terms, non-resident pupils may attend the schools of their district.

 

This appeal is brought to compel the board of the independent dis-
trict of Burlington to admit into the public schools of said district
appellant’s children, without payment of tuition, on the ground that
he is a large tax-payer in the district; the county superintendent
having affirmed the action of the board in refusing to admit them.

The appellant resides about a mile beyond the limits of the in-
dependent district of Burlington, and near the school in his own dis-
trict; but he claims that this school is not of suitable grade for his
children.

The law requires the board to provide school facilities for all the
children in their own district, and contemplates that they shall, in all
cases, determine whether children who are not residents, shall be
permitted to attend the schools thereof, and upon what terms. Sec-
tion 1793.

It is claimed by the appellant that his children are entitled to at-
tend school in the independent district of Burlington without the
payment of tuition, for the reason that he owns property in said in-
dependent district and pays taxes thereon; and if the payment of
taxes could ever entitle a person to such privileges, it doubtless would
in this case, as he introduces the certificate of the county auditor to
show that his school taxes for 1874 were $406.08. There is, however,
no provision of law upon which to base such claim; nor would such
provision well accord with the spirit of our laws relating to public
schools. These laws are founded upon the broad principle that every
76 SCHOOL LAW DECISIONS.

 

A. B. Reed et al. v. District Township of Union.

 

person in the state between the ages of five and twenty-one years, is
entitled to the privilege of attending the public schools.

This principle is wholly unencumbered by any consideration re-
lating to race, nationality, the holding of property, or the payment of
vaxes.

To prevent confusion and the over-crowding of particular schools,
itis necessary to point out what school each pupil has the right to
attend. A more equitable rule could not have been devised, than
that which prescribes that the pupil may attend school in the district
in which he resides. The simplicity and equity of this rule are ap-
parent. Every person has one place of residence, and no more; the
place of residence is generally determined without difficulty, and is
not usually abandoned for trivial causes.

To introduce any conditions into the laws dependent upon property
considerations, would be to outrage the fundamental principles of our
free school system.

To further promote the convenience of the people, and to give
elasticity to the rule, the board may, when circumstances require, per-
mit non-resident pupils to attend the schools of their district.

AFFIRMED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
February 20, 1875.

‘A. B. Rzep et al. v. District Townsuir oF UNIon.
Appeal from Mahaska County.

1. SuBpIsTRIicts. Other things being equal, both territory and school pop-
ulation, should be about equally divided among the subdistricts of a dis-
trict township.

2. ———. One subdistrict should not ordinarily have an excess over the
average subdistrict of the district township both in territory and school
population, nor should it Jack in both.

The action of the board in changing subdistrict boundaries was af-
firmed by the county superintendent; from this decision A. B. Reed
appeals,
SCHOOL LAW DECISIONS. 17

 

A.B. Reed et al. v. District Township of Union.

Previous to the action of the board, from which appeal was taken,
subdistrict number seven comprised two sections of land, upon which
reside about forty persons of school age. The board added three sec-
tions from subdistrict number three, upon which reside some thirty
pupils, leaving but three sections and about twenty-two pupils.

It is claimed that by this increase of area in subdistrict number
seven to five sections, and the consequent increase of pupils to seventy,
a portion of the latter are deprived of school privileges. This leads
to a consideration of the proper basis and manner of dividing a dis-
trict township into subdistricts. It would seem, other things being
equal, that both territory and school popvlation should be about
equally divided among the subdistricts of the district township.
When the population is not uniformly distributed, which is generally
the case, it would appear that no one subdistrict should have an ex-
cess over the average subdistrict of the district township, both in
territory and in school population; nor should any one subdistrict
lack both in territory and in school population, unless by reason of
some controlling circumstance. The location of public roads, streams
or any other obstruction, should always be taken into consideration.
In this case, area and school population are the only essential ele-
ments. The average area of a subdistrict in the township, is four
and one-half sections.

The school population, according to the last annual report of the
county superintendent, averages 57.5 to each subdistrict. Hence,
we find that subdistrict number seven lacked both in area and school
population, and that its boundaries should have been enlarged; but
we also find that the subdistrict from which territory was taken, was
reduced below the average, both in school population and in area,
while the subdistrict thus enlarged, is in excess in both.

We trust that the board will, as soon as practicable, remove these
inequalities by a redivision of the entire district township into sub-
districts. Questions as to the validity of the action of the board are
also raised, but we do not find that they have, in any manner, acted
contrary to the requirements of law.

AFFIRMED.
ALONZO ABERNETHY,

Superintendent of Public Instruction.
June 21, 1875.
78 SCHOOL LAW DECISIONS.

 

J. W. Hubbard v. District Township of Lime Creek.

 

J. W. Husparp v. District or Lime Creex.
Appeal from Cerro Gordo County.

1. APPEAL. The execution by the board of the vote of the electors upon
matters within their control, is mandatory; from such action of the
board no appeal can be taken. If such action is tainted with fraud, an
application to a court of law is the proper remedy.

2. BOARD OF Directors. The board, though not bound by a vote of the
electors directing the precise location of a school-house site, are re-
quired to so locate it as to accommodate the people for whom designed.

3. ———. If, in the selection of a site, the board violate law or abuse their
discretionary power, their action may be reversed on appeal.

The electors of the district township voted a tax to build a school-
house on what is known as the Simons road, near where it crosses the
Central railroad. Ona separate motion, the board were instructed
to sell the school-house known as number three. In accordance with
the first mentioned action, the board located a school-house site on
said road, fifty feet from said crossing. From this action appeal was
taken; the appellant claiming it to be a relocation of the site known
as number three; and that such action was with the express intention
of selling the school-house and abandoning the site thereof. The
county superintendent reversed the action of the board. From this
decision the district township appeals.

The district township coincides with a congressional township in
boundaries and extent, and is comprised in one subdistrict. It is
claimed that the action of the district township meeting did not rep-
resent the wishes of the people; that there are ninety-five voters in
the district, and but twenty-seven were present at such meeting; also,
that in the location of the site, the board did not consult the conven-
ience of the people.

Section 1717, School Laws, 1874, provides, that the electors of the
district, when legally assembled at the district township meeting,
shall have power “to direct the sale, or other disposition to be made
of any school-house, or the site thereof, and of such other property,
personal and real, as may belong to the district.”
SCHOOL LAW DECISIONS. 19

 

J. W. Hubbard v. District Township of Lime Creek.

 

Section 1723 provides that the board “shall make all contracts,
purchases, payments, and sales, necessary to carry out any vote of the
district.”

Section 1724 provides that the board “shall fix the site for each
school-house, taking into consideration the.geographical position and
convenience of the people of each portion of the subdistrict.”

The execution of the vote of the electors by the board is manda-
tory; from their action in so doing no appeal can be taken. In case
such action is in any manner tainted with fraud, an application to a
court of law is the proper remedy.

The power to locate school-house sites is vested originally in the
board. Although the board have authority to locate school-house
sites, yet money legally voted by the electors for a specific pur-
pose, must be expended in accordance with such vote; if voted to
erect a school-house ina certain subdistrict, it cannot legally be used
to build a school-house in another; while any directions of the voters °
attempting to locate, precisely, a school-house site, are void, yet the
board is bound so to locate it as to accommodate the people for whom
designed; in the absence of such instructions the board may exercise
more widely their discretion in fixing school-house sites.

If, in the performance of this duty, they violate law, act with man-
ifest injustice, or in any manner show an abuse of discretionary power,
their action may properly be reversed by the county superintendent.

In this case we do not discover that the board have in any manner
failed in the proper performance of their duty.

REVERSED.
ALONZO ABERNETHY,

Superintendent of Public Instruction.
July 7, 1875.
80: SCHOOL LAW DECISIONS.

 

E, Gosting v. District Township of Lincoln.

 

E. Gostine v. District Townsuipe or LINCOLN.

Appeal from Plymouth County.

1, ScHOOL-HOUSE SITE: Location of. The action of a committee ap-
pointed by the board to locate a site is of no force until officially adopted
by the board while in session.

Subdistrict boundaries cannot be changed upon an appeal re-
lating solely to the location of a site, nor can a site be located with the
expectation that boundaries will be changed, unless such is shown to be
the intention of the board.

38. APPEAL. The right of appeal is confined to persons injuriously affected
by the decision or order complained of. Ordinarily a person living in
one subdistrict cannot properly appeal from an action of the board locat-
ing a site in another.

 

A committee appointed by the board of the-above named district
township to locate a school-house site for the accommodation of the
residents of subdistricts numbers seven and nine, reported that they
had selected the northwest corner of section ten: and afterward that
they had chosen instead, a site about eighty -rods east of the north-
west corner of section eleven. There is no record showing that any
action was taken by the board in relation to these reports.

Subdistrict number nine consists of the east one-half of congres-
sional township number 90, range 45.

E. Gosting, the appellant, resides in subdistrict number seven,
which comprises the west one-half of the same congressional town-
ship. The decision of the county superintendent is as follows:
“ After considering the evidence and the plat introduced, I sustain
the committee in their first location at the northwest corner of seo-
tion ten of said township.” From this decision I). M. Relyea ap-
peals.

The power to locate school-house sites is vested in the board of di-
rectors. Section 1724, School Laws of 1874. The action of a com-
mittee appointed by the board to locate a school-house site is of no
force until their report is officially adopted by the board while in
session. .

Section 1725 provides that the board “shall determine where pupils
SCHOOL LAW DECISIONS. 81

 

E. Gosting v. District Township of Lincoln.

 

may attend school; and for this purpose may divide their district
into such subdistricts as may by them be deemed necessary.” The
object of dividing a district township into subdistricts is to determine
where pupils shall attend school. While it is frequently the case
that pupils may more conveniently attend school in an adjoining sub-
district, it would obviously be improper to locate a school-house site
expressly for the accommodation of such pupils, unless with the in-
tention of subsequently making a redivision of the district township.
The county superintendent has jurisdiction only of the matter to
which the appeal relates. He cannot properly upon an appeal relat-
ing to the location of a school-house site change subdistrict bounda-
ries; nor can he locate a school-house site with the expectation that
such boundaries will ultimately be changed, unless such is shown to
be the intention of the board.

The right to appeal from actions of the board is confined to persons
injuriously affected by the decision or order of which complaint is
made. Section 1829. Ordinarily, a person living in one subdistrict
cannot properly appeal from an action of the board locating a school-
house site in another.

The decision of the county superintendent is set aside, and the
location of the school-house site is left to the discretion of the
board.

REVERSED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
September 7, 1875.

11
89 SCHOOL LAW DECISIONS.

 

J. E. Brown v. District Township of Van Meter.

 

J. E. Brown v. Districr TownsHip oF Van Mrrer.
Appeal from Dallas County...

1. APPEAL. The adoption of the committee’s report in favor of retaining
the old school-house site, is an action from which appeal may be taken.

2. BOARD OF DirEcToRS. The action of the board cannot be reversed
upon the allegations of appellant without proof, or by reason of failure
of the board to make defense.

3. ————. The acts of the board are presumed to be regular, legal and
just, and should be affirmed on appeal, unless proof is brought to show
the contrary.

4, ——-——: Discretionary acts of. The weight which properly attaches to
the discretionary actions of a tribunal vested with original jurisdiction,
does not apply to the decisions of an inferior appellate tribunal.

The county superintendent reversed the action of the board in se-
lecting the old site in subdistrict number two, upon which to erect a
new school-house, and located the site about eighty rods westward of
the old one.

From this decision the district township appeals, claiming in sub-
stance that the county superintendent erred as follows:

1. That there was no action of the board relative to the selection
of a school-house site in subdistrict number two from which an ap-
peal would lie.

2. That the board failed, by reason of a misunderstanding, to ap-
pear and defend, and that they were unjustly refused a rehearing.

8. That the old site was suitable, convenient, and at the center of
population, both present and prospective; and that the reversal of
the action of the board was without sufficient cause, there being no
evidence that they abused their discretionary power or acted with
injustice.

From the transcript it appears that a committee was appointed to
select a site for the erection of a school-house in subdistrict number
two; that they reported in favor of the old site, and that their report
was adopted by the board. The law provides that an appeal may be
taken by any party aggrieved, from any order or decision of the
board of directors.
SCHOOL LAW DECISIONS. 83

 

J. E. Brown v. District Township of Van Meter.

 

+

That there was an action of the board, and that the subject-matter
to which such action relates is the location of a school-house site in
subdistrict number two, there can be no reasonable doubt; hence, the
action of the board was subject to appeal, and such appeal gave to
the county superintendent jurisdiction in the matter of the location
of said school-house site. Gosting v. District Township of Lincain.

It is the duty of the county superintendent to give due notice to
all parties directly interested in an appeal from the board of direct-
ors, and to afford full opportunity for the presentation of evidence;
but the action of the board cannot properly be reversed upon the
allegations of the appellant without proof, or by reason of the failure
of the board to be present and make defense. The acts of the board
are presumed to be regular, legal and just, and should be aftirmed by
the county superintendent unless proof is brought to show the con-
trary. Bacon et al. v. District Township of Liberty. In this case,
however, the board appear to have had due notice and ample oppor-
tunity to defend the case. It is not claimed that any additional evi-
dence could be produced that would materially affect the issue; but
that the board, understanding through popular report that the case
was withdrawn, failed to be present at the trial, and upon this ground
ask for a rehearing, which was very properly refused.

The site selected by the county superintendent is nearly central,
being eighty rods west of that chosen by the board. Both appear to
be suitable. The eastern part of the subdistrict is mostly prairie
land, while the western portion is, to a considerable extent, timber
land.

The evidence as to which site will better subserve the interests and
convenience of the residents of the subdistrict is conflicting. The
board is entitled to the benefit of any doubt upon this point. Unless
it is clearly proven that they have violated law, abused their discre-
tionary power, or have acted with manifest injustice, their action
should be affirmed. Edwards v. District Township of West Point.

It is urged by the appellee that the same weight attaches to actions
of an inferior appellate tribunal, upon appeal, that is given to tribu-
nals having original jurisdiction. It is held that the action of the
84. SCHOOL LAW DECISIONS.

 

D.C, Randall y. District Township of Lincoln.

 

board in matters of which they have original jurisdiction, is alone
entitled to this consideration by any superior tribunal upon appeal.
REVERSED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
September 17, 1875.

D. C. Ranpatuet al. v. District TownsHip oF LINcoLN.

Appeal from Cerro Gordo County.

1. COUNTY SUPERINTENDENT. The county superintendent may recon-
sider and modify a decision on proof that it does not conform to law.

2. SCHOOL-HOUSE SITE. A. site located by the county superintendent can-
not be changed by the board, while the condition of the district remains
without material change.

The board of the above named district township having located a
school-house site in subdistrict number six the county superintend-
ent; on appeal, reversed their action May 4, 1875, selecting a site one-
fourth of a mile further west; but upon information being received
that said site was not upon a public highway, according to a recent
decision of the circuit court, reconsidered the decision, and located
the site May 24, 1875, at a point near the northeast corner of the
northwest one-fourth of section 15, of said township,. Upon this site
a school-house was subsequently erected. The board at their regular
meeting in September relocated the site, at the point previously
selected at their April meeting. This action was again reversed by
the county superintendent on appeal. J. R. Perry, on behalf of the
board, appeals to the superintendent of public instruction.

The points involved in this case are, first, the right of the county
superintendent to re-open and review a case after the decision has
been announced; and secondly, the right of the board to change a
site which has been selected by the county superintendent while the
condition of the subdistrict remains unchanged.

The county superintendent, upon evidence that the site had not
been fixed in accordance with the provisions of the law requiring
SCHOOL LAW DECISIONS. 85

 

Joseph Hays v. District Township of Chester.

 

school-house sites to be upon a public highway, had authority to recall
the decision and select another site.

A school-house site located by the county superintendent on appeal
cannot be legally changed by the board while the condition of the
subdistrict remains without material change.

The decision of the board of September 20, to attach certain terri-
tory to the subdistrict did not so change its condition as to authorize
the relocation of the site at that meeting, since, by the provisions of
section 1796, School Laws of 1874, such change does not take effect

until the next subdistrict election thereafter.
AFFIRMED.

ALONZO ABERNETHY,

Superintendent of Public Instruction.
February 10, 1876.

Joszpa Hays v. Districr Townsuir oF CHESTER.
Appeal from Poweshiek County.

1. APPEAL. Appeal may be taken from the action of the board in laying
the subject-matter of a petition on the table.

2, EvwWENcE. Sufficient latitude should be allowed in the introduction of
testimony to permit a full presentation of the issues involved, even if
irrelevant testimony is occasionally admitted.

Subdistrict number one, district township of Chester, is composed
of sections 1, 2, 11, 12, 13 and 14; and subdistrict number six of said
district township is composed of sections 23, 24, 25, 26, 27, 34, 35 and
36.

A petition was presented to the board of directors praying that
sections 1, 2,11 and 12 be made a subdistrict. The board being in
session, a motion was made to form one subdistrict, to be composed
of said sections 1, 2,11 and 12, and another subdistrict to be com-
posed of sections 13, 14, 23 and 24. This motion was lost, reconsid-
ered, and again lost, when, on motion, the whole subject was laid on
the table.

Upon appeal the county superintendent made an order for the for-
86 SCHOOL LAW DECISIONS.

 

Joseph Hays v. District Township of Chester.

 

mation of two subdistricts as follows: subdistrict number one to con-
sist of sections 1, 2,11 and 12; subdistrict number six to consist of
sections 13, 14, 28 and 24. Winchester Stockwell, on behalf of the
board, appeals to the superintendent of public instruction.

At the hearing before the county superintendent the appellee moved
to dismiss the case for the reason that the secretary’s transcript shows
the subject-matter complained of to be still pending before the board,
and that no final decision or order had been made in relation to the
case.

From the transcript it appears that the board had twice refused by
direct vote to form the subdistricts in question. The subsequent mo-
tion to lay the whole matter on the table was a convenient method of
preventing further discussion.

The motion was properly overruled.

One of the errors assigned in the affidavit is, that the superintend-
ent permitted the introduction of testimony pertaining to matters
outside of those presented by the appeal. If this were true, which is
not apparent from the record, it would not form a valid ground for
reversal. '

Considerable latitude should be allowed in the introduction of tes-
timony, to make a full presentation of the issues of the case, even
if irrelevant testimony is occasionally admitted.

Some of the residents npon the territory in question have an unrea-
sonable distance to send to school. The change made by the superin-
tendent establishes two subdistricts of uniform size and shape, and
will probably permit the erection of school-houses on permanent sites,
convenient of access for all; and, it is believed, will eventually prove
to be for the best interests of the district.

AFFIRMED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
April 15, 1876.
SCHOOL LAW DECISIONS. 87

 

Mary M. Thompson v. District Township of Jasper.

 

Mary M. TuHompson v. District TownsHip oF JASPER.
Appeal from Adams County.

1. TEACHER. When a teacher is dismissed, in violation of his contract, an
action in the courts of law, on the contract, will afford him a speedy
and adequate remedy; when discharged for incompetency, dereliction of
duty, or other cause affecting his qualifications as a teacher, he has the
right of appeal.

 

The teacher is entitled to the counsel and co-operation of the
subdirector and board in all matters pertaining to the conduct and wel-
fare of the school.

The board discharged Miss Mary M. Thompson for dereliction of
duty as teacher in one of the public schools of the district. She ap-
pealed to the county superintendent who reversed their decision;
from this action, the board, through their president, John McDevon,
appealed to the superintendent of public instruction.

At the hearing before the county superintendent, the board filed a
motion to dismiss the case, for want of jurisdiction, insisting that the
teacher, having been dismissed in accordance with the provisions of
section 1734, Code, her proper remedy was an action at law for dam-
ages.

When a teacher is dismissed, in violation of his contract, an action
in the courte of law, on the contract, will afford him a speedy and
adequate remedy; when discharged for incompetency, dereliction of
duty, or other cause affecting his qualifications as a teacher, he has
the right of appeal to the county superintendent, who is the proper
officer to review questions of this character, and to determine whether
the board have in the exercise of their authority violated the law or
abused their discretionary power. Questions concerning the validity
of contracts, the right to recover for services performed, and the in-
terpretation of law, belong especially to judicial tribunals. Ques-
tions concerning the character and qualifications of the teacher, and
his management of the school, are, by appeal, within the jurisdiction
of the county superintendent.

The motion to dismiss was properly overruled.
88 SCHOOL LAW DECISIONS.

 

M. M. Crookshank y. District Township of Maine.

 

The charges of dereliction were, want of promptness in commenc-
ing school in the morning, and an occasional refusal to hear the reci-
tation of one or more of her pupils. For this dereliction there
appears to have been some extenuating circumstances. Under the
contract it was the subdirector’s duty to have fires built. The
boy employed to do this work often failed to have the school-house
in comfortable condition at nine o’clock; the teacher usually made up
lost time by teaching after four o’clock, and there is no evidence that
the subdirector or board ever advised her with regard to the per-
formance of her duties. The board convened at the school-house
without previous notice to the teacher, and after taking the testimony
of some of her pupils, unanimously voted to discharge her.

AFFIRMED,
ALONZO ABERNETHY,
Superintendent of PublicInstruction.
May 8, 1876.

M. M. Crooxsnank v. District Townsuip or Mainz.
Appeal from Linn County.

1. APPEAL: When an adequate remedy. From the exercise of ordinary dis-
cretion in the performance of an official duty, enjoined by law upon
the board, appeal may be taken to the county superintendent; but from
a refusal to act, or from an action thereon clearly designed to defeat the
purpuse of the law, an application to the courts of law to compel the
performance of the enjoined duty will afford the most speedy, and in
some cases the only adequate, remedy.

A petition purporting to be signed by one-third of the legal voters
of the district township of Maine was presented to the board March
20, 1876, asking that a meeting of the electors be called to vote upon
the question of independent organizations.

The board ordered that the meeting be held on the day for the
next presidential election. On appeal this action was reversed as not
being in compliance with the law, and designed to defeat the purpose
for which it was intended, and the board was ordered to call the
SCHOOL LAW DECISIONS. 89

 

M. M. Crookshank vy. District Township of Maine.

 

meeting in time to permit the formation of independent districts if
so determined by vote of the electors. H.O. Bishop appeals to the
superintendent of public instruction.

The action of the board in deferring the vote to determine the
question of independent district organizations until the November elec-
tion, was evidently for the purpose of defeating the measure, since
by the provisions of section 1804, Code, the organization of such in-
dependent districts shall be completed on or before the first day of
August of the year in which said organization is attempted.

From the exercise of ordinary discretion in the performance of an
official duty enjoined by law upon the board appeal may be taken to
the county superintendent; but from a refusal to act or from an ac-
tion thereon clearly designed to defeat the purpose of the law, an
application to the courts of law to compel the performance of the
enjoined duty will afford the most speedy and in some cases the only
adequate remedy.

The examination of the issues involved in the case can be of no
avail, since the opportunity to vote upon the question of independent
district organizations no longer exists, the law authorizing the form-
ation of such districts having been repealed, to take effect July 4,
1876. Chapter 155, laws of the sixteenth general assembly.

The decision of the county superintendent is, therefore, reversed
and the case dismissed.

REVERSED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
July 21, 1876.

12
90 SCHOOL LAW DECISIONS.

 

S. W. Woods et al. v. District Township of Brighton.

 

S. W. Woops et al. v. Distgicr TowNsuHiP OF BRIGHTON.
Appeal from Cass County.

1. BoARD oF DireEctors. The acts of the board are presumed to be reg-
ular, legal and just; and should be affirmed on appeal unless proof is
brought to show the contrary.

2. SCHOOL-HOUSE Sirz. The prospective wants of a subdistrict may prop-
erly have weight in determining the selection of a site, when sueh selec-
tion becomes necessary; but not in securing the removal of a school-
house, conveniently located for the present.

To make a distinction between the children of freeholders and
those of tenants in determining the proper location for a school-house,.
is contrary to the spirit and intent of our laws.

 

The board of directors, by a vote of five to two, rejected a petition
asking the removal of the school-house in subdistrict number eight.
On appeal, the county superintendent reversed the action of the board,
and ordered the removal of the school-house to the place named in
the petition. Wm. F. Altig appeals to the superintendent of public
instruction.

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty
acres lying in section 32, and has a good, commodious school-house,
erected three years ago, one-half mile west of the center, on a public
road passing east and west through the center of the subdistrict.

There are about thirty children of school age in the fsubdistrict,
twenty-two of whom reside in the western half, and nineteen west of
the present site. All those residing east of the present site, except
one child, are within a mile and a half of the school-house, while by
the proposed removal, a large number would be at a greater dis-
tance.

The action of the board in refusing to remove a school-house
should not be interfered with on appeal, except upon evidence of vi-
olation of law, or abuse of discretionary power. In this case there is
no evidence of such abuse.

The prospective wants of a subdistrict may properly have weight.
in determining the selection of a site upon which to build a school-.
SCHOOL LAW DECISIONS. 91

 

Baptist Hardy v. District Township of Wyacondah.

 

house, when such a selection becomes necessary, but not in determin-
ing the removal of a house, located conveniently for the present
wants of the subdistrict.

It appears that a considerable portion of the school population
consists of the children of tenants, and much stress is laid upon the
assumed distinction that should be made between the children of
tenants and those of freeholders, in determining the proper location
of the school-house. Distinctions based upon the ownership of prop-
erty, or permanence of residence are not made in the law, would
not well comport with the fundamental principles npen which our
public school system is based, and should not have weight in deter-
mining the location of school-house sites.

It is the duty of the board to provide equal school facilities for the
youth of the district as far as practicable, regardless of considera-
tions relating to permanence of residence.

The school-house may properly be removed whenever the condi-
tions of the subdistrict require it, but unnecessary expense should not
be incurred in such removal in anticipation of possible, or even prob-
able, changes of this character.

REVERSED.
ALONZO ABERNETHY,
Superintendent of Public Instruction.
July 31, 1876.

Baptist Harpy v. Disrricr TownsHip oF WyYacoNDAH.
Appeal from Davis County.

JURISDICTION. In cases involving the validity of district organization no
appeal will lie. The remedy is a writ in the nature of quo warranto.

On the third day of April, 1876, at a special meeting of the five
members of the board of directors, a petition from one-third of the
voters was received in favor of organizing independent districts, and
an election was ordered for the 15th of April, to submit the question
of changing the district township organization to that of independent
districts under the provisions of sections 1815-1818, Code.
‘99 SCHOOL LAW DECISIONS.

 

Baptist Hardy v. District Township of Wyacondah.

 

The election was held and a majority of fourteen decided in favor
of separate organization. The board, at a special meeting on the 27th
of May, called meetings in each subdistrict for the election of officers
‘according to law.

On the 10th of June, the day designated by the board for said
election, five subdistricts elected officers and by implication the others
-did not.

From the last order Baptist Hardy appealed to the county superin-
tendent, because all the several acts or steps by which this last action
was reached were resting upon an illegal act or in fact on no act at
-all, since the special meeting claimed to have been held on April 3,
was not a meeting of said board, but only the action of five members
-of the board who met accidentally.

The county superintendent dismissed the case for want of jurisdic-
tion, and Mr. Hardy appeals to the superintendent of public instruc-
‘tion.

While the alleged irregularities in this case differ, the main issue
‘is the same as that in WV. 7. Bowen v. District Township of Lafayetie,
p. 124, School Law Decisions of 1876, and since all the essential
features are there disposed of, it is unnecessary to review them.
‘Side issues might be decided by this department; but it is deemed
useless to do so, as the want of jurisdiction in cases involving the
validity of district organizations, gives us no power over the main
issue. The decision of the county superintendent is

. AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
September 27, 1876.
SCHOOL LAW DECISIONS. 93.

 

J.N. Arthur et al. v. Independent District of Fairway.

 

J. N. Agravuer et al. v. INDEPENDENT District or Fairway.
Appeal from Adams County.

1. SCHOOL-HOUSE SITES: Location of. The necessities of the present must
be observed in locating school-house sites, in preference to the probabil-.
ities of the future.

2..NeEw EVIDENCE. New evidence can be introduced only when the facts
materially affecting the case could not have been known before the trial.

38. REMANDING OF CAsEs. When the evidence discloses that the action of
the board was an unwise one, and the facts are not sufficiently shown to-
determine what should be done, the case should be remanded to the-
board.

In this case the board of the independent district of Fairway, num--
ber three, made an order on the 26th of April relocating the school-
house site; from this order John N. Arthur, John Weller and others,
residents of the district, appealed to the county superintendent, and
upon his affirming the action of the board, to the superintendent of
public instruction.

The district consists of sections one, two, eleven, twelve, thirteen:
and fourteen, and the old school-house stands near the southwest
corner of the southeast quarter of section one. The proposed new
site is in the northwest corner of the southwest quarter of the north-
west quarter of section twelve, on a public highway, and one quarter:
of a mile north of the geographical center of said district.

The grounds of objection by the appellants to the removal are sub-
stantially, that the new site is on low bottom lands and subject to-
overflow, not accessible at all times of the year; and that it is not as
near the center of school population as the old site. They also sug-
gest, that a location at the cross-roads one-half mile east of new site
is better ground and more convenient to the people. In fixing the.
school-house site, the geographical position and the convenience of
the people of each portion of the district should be considered. Sec-
tion 1724, School Laws of 1876.

From the large amount of testimony itis evident that the new site-
chosen is in a low place, and an affidavit sent to this office, and signed.
94 SCHOOL LAW DECISIONS.

 

J.N. Arthur et al. v. Independent District of Fairway.

 

by a number of residents, proves beyond question that the site has
been overflowed for several days of the last month. By a close com-
parison it is found that the number of residents who will have their
distance to school increased by choosing the new site, is greater than
of those who will have their distance diminished. By locating the
school-house at the cross-roads, one-half a mile east of the proposed
new site, which is claimed to be higher, and, therefore, less liable to
overflow, three-fourths of the residents will have their distance di-
minished by forty to one hundred and sixty rods. ‘

Although it may be true, as is affirmed in the testimony, that the
western part of the district is as capable of settlement as the eastern
part, the necessities of the present must be observed in locating
school-house sites, in preference to the probabilities of the future.
While it is the rule of this department to sustain discretionary acts of
the board, it seems that in this case the true interest of all concerned,
and justice to a large portion of the people, demands that the school-
house should not be moved to the new site chosen.

To what extent the high waters of last month did affect the other
locations under consideration, is not known to this department; it is,
therefore, best to let the matter come up anew before the county
superintendent for a rehearing.

The decision of the county superintendent is, therefore, reversed,
and the case remanded for a rehearing, with the direction from this
department, that the proposed new site is an unsuitable one for school

purposes.
REVERSED.

C. W. von COELLN,
Superintendent of Public Instruction.
October 31, 1876.
SCHOOL LAW DECISIONS. 95

 

R. Buzzard v. Independent District of Liberty..

 

R. Buzzarp v. InpEPENDENT District oF LipzRry.
Appeal from Monroe County.

Quo WARRANTO. The only proper means of affirming the right to exer,
cise the privilege of an office, or to contest the illegal exercise of the
same, is set forth in sections 3345-3352, Code of 1873.

This is an action brought to compel the board of the independent
district of Liberty to recognize R. Buzzard as a member elect.

The evidence in the case seems to show that the appellant was duly
elected and qualified. On presenting himself at the meeting of the
board, he was, by vote cf the board, debarred from acting, and another
person admitted as a member.

From this order of the board, he appealed to the county superin-
tendent, who dismissed the case for want of jurisdiction.

From this action, R. Buzzard appeals to the superintendent of pub-
lic instruction.

It has been the uniform decision of this department that the right
or title to office cannot be determined by any authority other than a
court of law.

Weare compelled to agree with former opinions, by supreme court
decisions, 16 Iowa, 371; 17 Iowa, 368; 22 Iowa, 75, in which the fact
that an information, guo warranto, is the only proper means legally to
affirm the right to exercise the privileges of an office, or to contest
the illegal exercise of the same, is clearly set forth.

In all cases over which we have jurisdiction, our decision is final;
hence, if for no other reason, we cannot assume jurisdiction in this
mattér, as both parties have access to the courts, as provided by sec-
tions 3345-3352 of the Code.

The county superintendent, therefore, very properly decided to dis-
miss the appeal, and his order in the case is hereby

AFFIRMED.
C. W. von COELLN,

Superintendent of Public Instruction.
July 2, 1877.
96 SCHOOL LAW DECISIONS.

 

William Hays v. District Township of Jefferson.

 

Wiutuiam Hays v. Districr TowNsHIP oF JEFFERSON.
Appeal from Butler County.

Hienway. Since the law requires a school-house site to be located on a
public highway, such public highway must be fully established by law
before the location can be made.

In this case, the board relocated the site for a school-house in sub-
district number three, changing it from the northeast corner of sec-
tion 35 to the center of the district, one-half mile farther north.?

Appeal was taken to the county superintendent, who, on trial, af:
firmed the action of the board. From his decision, Wm. Hays ap-
peals to this department.

Subdistrict number three is three sections in length and two in
width, comprising sections 23, 24, 25,26, 35 and 36. The school-house
stands on the northeast corner of section 35, or in the center of the
four sections, 25, 26, 35 and 36. The large size of the district and
the fact that sections 25 and 26 have a number of wide sloughs run-
ning through them, have caused great dissatisfaction to a portion of
the residents. Tio compromise the matter an effort was made to
locate a road connecting the two roads running east and west through
the district and passing by the center. The road would be one and
one-half miles long. The supervisors, probably at their September
meeting, ordered a part of this road, one mile commencing at the
quarter post between sections 23 and 24 and running south, to be
opened on certain. conditions which were to be fulfilled before their
January session. The record shows that these conditions were not
fulfilled by that time, and does not show any final action as provided
by section 947 of the Code. Hence the road has not been established
by law, neither does the evidence show that it has been established
in fact, unless the hauling of a few loads of hay along the prairie
makes a road of the wagon track. Hence, if for no other reason,
the action of the board violated the law by locating the house away
from a public highway, and the county superintendent erred in affirm-
ing said action.

It is the duty of the superintendent to satisfy himself that all the
SCHOOL LAW DECISIONS. 97

 

William Hays v. District Township of Jefferson.

 

conditions of the law are strictly observed in the location of a school-
house. We are strongly in favor of supporting boards in their exer-
cise of discretionary power; but an appeal is made for the purpose of
testing the equity of the case.

To remove a school-house from the center of a four section district
to accommodate a larger district which must sooner or later be re-
duced, is, to say the least, unwise.

Besides, equity in this case is utterly disregarded, when persons
are obliged to travel five miles by the road, to a school-house situated
in a cul de sac, or at the end of the road. This is not bettered by
the fact that this location is the center of the district. Would it be
wise to locate in such center, provided it was a duck pond? From
‘the evidence, this is but little better, because surrounded by sloughs
on all sides.

In a district three miles long and two miles wide, there is great
probability that some will be deprived of the privileges of school by
reason of distance. It is suggested that if the requisite number of
children is not lacking, the board redistricts subdistricts three and
five, making three subdistricts of four sections each instead of two
with six each. This would seem to remove all difficulty of location
of school-house sites.

As the action of the board violated law in not establishing the
school-house site upon a public highway, and since the county super-
intendent sustained the order, his decision is hereby

REVERSED.
C. W. von COELLN,

Superintendent of Public Instruction.
July 6, 1877.

18
98 SCHOOL LAW DECISIONS.

 

J.J. Wilson et al. v. District Township of Monroe.

 

J. J. Witson et al. v. Distgict TowNnsuip or Monroz.
Appeal from Mahaska County.

1. CoUNTY SUPERINTENDENT: Jurisdiction of. The county superintend-
ent is not limited to a reversal or affirmance of the action of the board,
but he determines the same questions which they had determined.

2. SCHOOL-HOUSE SITE: Location of. The location of a school-house can
be dependent upon a change of boundaries only when it is shown iu evi-
dence that it is the intention to make such change.

3. CONDITIONAL RULING. A county superintendent may make a condi-
tional ruling, by which his own decision is governed.

On the 14th day of April, 1877, the board of the above named dis-
trict township located the site for a school-house.

From their action J. J. Wilson and others appealed to the county
superintendent, alleging that the board had erred in making the loca-
tion, in that, by reason of distance owing to the location of the roads,
the location as made effectually deprived many of the subdistrict of
the privilege of attendance at school. On trial, the county superin-
tendent reversed the action of the board and located a new site.
From his decision the board appealed to this department, claiming
that the county superintendent erred in selecting a site entirely differ-
ent from those with reference to which testimony was taken; that it
is on the extreme east line of said subdistrict, and hence cannot be
called at all central; that the board took into account in making the
location the possibility of a change in the northern boundary of the
subdistrict, which would make tho situation chosen a suitable one for
the remaining subdistrict; that a portion of his decision was condi-
tional and void; and that the board did not abuse the discretion
vested in them by making the location as they did.

The assumption that the county superintendent did not have the
right to locate a school house site differing in location from the one
made by the board, or the one petitioned for by the appellants, is a
mistake. See John Clark v. District Township of Wayne, School
Law Decisions, 1876, page 47; also opinion of the attorney general in
SCHOOL LAW DECISIONS. 99

 

J. J. Wilson et al. v. District Township of Monroe.

 

Towa School Journal for April, 1866, in which the following ruling
was made:

“The county superintendent is not limited to a reversal or affirm.
ance of the action of the board, but he determines the same questions
which it had determined.” The nature of the subdistrict is peculiar.
It is long and narrow, and its western boundary, the North Skunk
river, which also makes nearly all its southern boundary, is a disturb-
ing element when we attempt to locate the site of a school-house to
accommodate all the people.

While under ordinary circumstances a site near the boundary of a
subdistrict would be unadvisable, in this case it seems necessary, un-
less additional road facilities can be secured.

The site selected by the county superintendent is clearly the one
best calculated to accommodate the whole subdistrict as constituted
at present.

The location of a school-house site can be dependent upon a change
of boundaries only when it is shown in evidence that it is the inten-
tion of the board, or boards, to make such change. See #. Gosting
v. District Township of Lincoln, School Law Decisions, page 80. In
this case, it is not claimed that any change is actually intended or
expected. The limit, as made provisionally by the county superin-
tendent, of thirty days for such changes of roads as would make a
more central location feasible and desirable, was too short a time,
under the provisions of law, to effect the result. For that reason we
shall extend the time for the establishment of a road to ninety days
from the date of his decision, or to such time as the board of direct-
ors may show to be necessary to establish the road, provided, that
immediate steps shall be taken to bring about the result, if desired.

The discretion of the board was evidently abused in not providing
equal school facilities for thoge living in the northern portion of the
subdistrict, by their location of the school-house site.

In case the road contemplated is secured, the board may locate the
site thereon, as near the center of the district as good and suitable
ground can be found. If no steps are taken to secure such a road, or
in case the road cannot be procured, the location last ‘chosen by the
100 SCHOOL LAW DECISIONS.

 

Kennon, Orme, Bullock et al. v. Independent District Number Four, Nodaway Township.

 

county superintendent is to be regarded as the site, and his decision
is hereby
AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
August 7, 1877.

Kennon, Orme, Buttock ef al. v. InpeezenpENT Distrricr NumBERr
Four, Nopaway Townsaip.

Appeal from Adams County.

1, SCHOOL HOUSE Sirs. The choice of a school-house site by the electors
has no binding force.

2. DISCRETIONARY ACTs. Since the board have original jurisdiction, their
discretionary acts should not be interfered with by an appellate tribunal,
although not agreeing with their judgment, unless they violated law,
showed prejudice or malice, or abused their discretion in such a manner
as to require interference. ;

At the annual meeting in March, 1877, the electors of independent.
district number four, Nodaway township, voted to issue bonds to
build a school-house, not specifying where to build said house. The
board called an informal meeting of the electors, which was held
May 12, to give expression to their views as to the location they
would prefer. On the second of June the board made a location
differing from the one which a majority of the electors had indicated
as their choice. From this order of the board, Kennon, Orme, Bul-
lock et ai., appealed to the county superintendent, who on trial, re-
versed the order of the board, and selected the site chosen by the
electors at the special meeting. David Shipley and Joseph Landes,
members of the board, appeal to the superintendent of public in-
struction.

The evidence in the case discloses a desire on the part of the board
to determine without prejudice, the hest site. The expression of the
electors, as given, was only suggestive, and not of binding force. If
the site had been fixed by them at the time of, and in connection
SCHOOL LAW, DECISIONS. 101

 

Kennon; Orme, Bullock et al. y. Independent District Number Four, Nodaway Township.

 

with, the voting of the bonds, the board would have been compelled
to follow those instructions. See Hubbard v. District Township of
Lime Creek, School Law Decisions, page 78, first division of syllabus.
But there is no provision in law for an extra or special meeting of
electors to instruct a board with regard to the location of a site, nor
are such suggestions of any force except as an expression of opinion,
since the board are by law invested with the power to locate sites.

The fact that one member of the board changed his mind with re-
gard to the best location, shows, that on further consideration, his
judgment led him to favor the site best adapted to the needs of the
district, since we may not question his motives, but must regard his
action as based upon proper grounds.

The site chosen by the board is near the geographical center of the
district; and the location of the roads, as shown by the plat in evi-
dence, is such as would not warrant us in reversing the discretionary
act of the board. And even though an appellate tribunal does not
fully coincide with the decision of the board, it is compelled to sus-
tain their action, unless it is proved conclusively that they violated
law, acted with passion or prejudice, or with manifest injustice, since
boards of directors are invested by law with large discretionary pow-
ers, and, having original jurisdiction, their acts are entitled to great
consideration, and should not be reversed without the clearest rea-
sons. The board are entitled to the benefit of every doubt. See
Bacon v. District Township of Liberty, School Law Decisions of 1876,
page 150; Hdwards v. District Township of West Puint, School Law
Decisions, page 35; also Brown v. District Township of Vun Meter,
School Law Decisions, page 82.

Because we do not believe that the discretionary power of the
board has been abused to such an extent as to require a reversal, the
county superintendent should have affirmed the action of the board

and his decision is hereby
REVERSED.

C. W. von COELLN,
Superintendent of Public Instruction
November 13, 1877.
102 SCHOOL LAW DECISIONS.

 

T. J. Dunlavy v. O. M. Klinginsmith.

 

T. J. Donuavy v. O. M. Kiinersmira.
Appeal from Davis County.

1. PUNISHMENT. "The use of the rod is allowable as a last resort.
2, CERTIFICATE: RKevocationof. The inability to govern is sufficient reason
for withholding a certificate and for the revocation of the same.

3, —-—————_-:_ A certificate which has expired by limitation cannot be
revoked.

In this case of T. J. Dunlavy brought charges against O. M. Klingin-
smith, the teacher of his children, for brutal treatment, the specifica-
tion being that said Klinginsmith whipped Dunlavy’s step son cruelly
and excessively. Other charges were first prepared, but finally with-
drawn. The county superintendent decided that the charges were
not sustained, and Mr. Dunlavy appeals to this department.

The claim made by appellant’s counsel, that all whipping is now
nearly frowned down by the people, if not by the courts, does not
seem to be well founded, when we consider the strong position taken
by our own court in 45 Iowa, 250. That the use of the rod is the last
resort of a good teacher, and is seldom used, we all admit; but
scarcely an experienced educator will say that the use of the rod
should be absolutely discontinued. On the other hand, the counsel
for appellee mistakes the jurisdiction of the county superintendent,
when he claims that such a case as this one cannot affect the with-
holding or revocation of a certificate.

Although the general character of the teacher may be good, if he
should fail to be able to govern a school without the constant use of
the rod, and govern bnt poorly at that, it is the duty of the county
superintendent to protect the people from abuse by refusing to grant
a certificate, or if he has granted it, he may revoke.

In the case before us, it is undoubtedly true that the boy who
received the whipping had provoked the teacher and deserved by his
persistent small offenses a severe punishment. That the punishment
was severe, and perhaps too severe, is apparent from the evidence.
There is, however, no good proof to show that the teacher punished
with malice or intent to injure beyond a reasonable correction.
SCHOOL LAW DECISIONS. 103

 

Z. Darnell v. Independent District of Amity.

 

The case itself ought to have been dismissed by the county super:
intendent, because, if there was any object in the charges, it was for
the purpose of revoking the certificate; but a certificate expiring by
limitation on the 6th of January could not be revoked on the 22d of
January.

As long as the case was decided on its merits, we feel obliged to
sustain the discretionary act of the county superintendent.

The decision of the county superintendent is hereby

AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
April 22, 1878.

Z. DaRNELL V. INDEPENDENT DistTRIcT oF AMITY.
Appeal from Lucas County.

1, SUSPENSION OR EXPULSION. Suspension or expulsion of a scholar, in
an independent district, requires the action of the board by a majority,
and the concurrence of the president.

2. REcoRD. The record of the secretary must be considered as evidence,
unless there is proof of fraud or falsehood.

The majority of the board of tke independent district of Amity,
expelled Z. Darnell from their school for refusing to obey a rule of
the teacher. The said Darnell appealed to the county superintendent,
who affirmed the action of the board, and an appeal is taken to the
superintendent of public instruction.

Section 1735 requires a majority of the board with the concurrence
of the president in order to suspend or expel a scholar for gross im-
morality or persistent violation of the regulations or rules of the
school.

This we interpret to mean, that the board, in regular or special ses-
sion, can by a majority of the board, with the concurrence of the
president, suspend or expel.

While there is some doubt in this case whether there really was a
meeting of the board, we must accept the record of the secretary as
correct so long as there is no proof of fraud or falsehood.
104. SCHOOL LAW DECISIONS.

 

James Jacoby et al. v. Independent District of Nodaway.

 

Counsel for appellant seems to think that the law requires a regular
trial and defense.

The law makes no such demand. The remedy for an aggrieved
party is an appeal before the county superintendent, where a trial
is had and a defense can be made.

The case in controversy shows on the trial that the young man,
Darnell, had not obeyed the command of his teacher, who inflicted a
slight punishment upon him and others; for a disturbance in which
both he and other boys had participated.

If this refusal to obey was persisted in, the board, under section
1735, had the right to suspend or expel the said Darnell.

The offense for which the punishment was given was perhaps of
trivial character, but the refusal to obey on the part of a young man
capable of reasoning, was a serious offense, and must be treated as
such.

The expulsion of the young man was undoubtedly a severe meas-
ure, and if the case had been tried by us de novo, we should have
substituted a conditional suspension until obedience was secured.
But the discretionary act of the board is not tainted by malice nor
passion, and there is sufficient reason for sustaining the action of the
board. The decision of the county superintendent is, therefore,

AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
June 10, 1878.

JamMEs JacoBy et al. v. INDEPENDENT District or NopAaway.

Appeal from Adams County.

SCHOOL-HOUSE SITE. A school-house site fixed by county or state super-
intendent affirming the discretionary act of the board, allows the board
to exercise their discretion again, especially if material changes have
occurred.

In the summer of 1877, the board of the independent district of
Nodaway located a school-house site.
SCHOOL LAW DECISIONS. 105

 

James Jacoby et al. v. Independent District of Nodaway.

 

They selected one not desired by a large majority of the electors,
as expressed at an informal meeting called by the board. An appeal
was taken to the county superintendent, who reversed the action of
the board, and in turn to the superintendent of public instruction,
who reversed the decision of the county superintendent, thereby sus-
taining the action of the board on the ground that abuse of the dis-
cretion given by the law to the board, as charged, was not proved.

Since the decision above referred to was rendered, a dwelling has
been erected within twenty rods of the site chosen.

Also, a material addition has been made to the district on its east
side of a strip of land three miles in length and one-half mile in
width. Ata meeting of the board of directors held April 22, 1878,
they relocated the school-house site, choosing the old site in place of
the one selected by them last year. From their action James Jacoby
and others appealed to the county superintendent, who affirmed the
order of the board. From his decision D. Shipley and Ed. Kennedy
appeal to the superintendent of public instruction.

This case was before us last year and we affirmed the action of the
board in selecting the new site, sustaining the discretionary act of the
board. Hence, the principle that a site selected by the county or
state superintendent cannot be changed unless there have been ma-
terial changes in the district, does not apply. There have been
changes by the addition of new territory and a dwelling being erected
within less than forty rods of the proposed site. The choice of the
old site is in conformity with the wish of a majority of the electors,
and does not prove any abuse of discretion, much less a violation of
law. The action of the board is therefore sustained, and the decis-
ion of the county superintendent

AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
August 26, 1878. -

14
106 SCHOOL LAW DECISIONS.

 

L. E. Cormack et al. v. District Township of Lincoln.

 

L. E. Cormack v. District Townsuip oF Lincoun.
Appeal from Adams County.

1. CONTRACTS. An appeal will not lie to enforce a contract

2. JANITORIAL SERVICES. If a teacher serves as janitor in sweeping the
room and building fires, he should be paid from the contingent fund for
such services, :

Mr. Vandyke, a subdirector in the district township of Lincoln;
contracted with Mrs. L. E. Cormack as teacher for the winter term of
school. The terms of the contract included that the teacher was to
receive twenty-five dollars per month for teaching and one dollar and
twenty-five cents a month for building the fires and sweeping the
school-house. The board refused to audit the full account, which
would give the teacher pay for janitor’s work, claiming that said sub-
director exceeded his authority in so contracting. Mrs. Cormack ap-
pealed to the county superintendent who reversed the action of the
board. W.C. Potter, president of the board, appeals to the superin-
tendent of public instruction.

This case has evidently for its object the securing of money on
contract and as section 1836 prevents county and state superintend-
ents from rendering a judgment for money, it has been the common
custom to refuse to entertain any appeal in which a contract is to be
decided by such appeal; for this reason the county superintendent
should have dismissed the case for want of jurisdiction.

It may not be out of place here to state, that unless a contract with
the teacher provides that building fires and sweeping the house is in-
cluded, the board cannot require such service of the teacher. The
payment for such services should come from the contingent fund and
should be specifically mentioned. The teachers’ fund is not to be
used for paying for janitorial services. :

Without deciding any question at issue, we are of the opinion that
the subdirector did not exceed his authority given him by section
1753 when he agreed to pay a reasonable sum for janitorial services
beside the twenty-five dollars paid under instruction from the board
for teacher’s services. But since we do not consider the case within
SCHOOL LAW DECISIONS. 107

 

District No. 2, Harlan Township v. District No. 1, Harlan Towrship.

 

our jurisdiction the decision of the county superintendent is reversed
and the case dismissed.
REVERSED.
C. W. von COELLN,
Superintendent of Public Instruction.
March 1, 1879.

Note.— We have since learned that the teacher recovered in a suit in the courts at law.

District No. 2, Hartan Townsuip, v. Disrricr No. 1, Harnan
TownsuIP.

Appeal from Page County.

1. AFFIDAVIT. The lack of an affidavit is sufficient ground to refuse a
hearing.

2. ARBITRATION. If the county superintendent is asked to arbitrate no
appeal will lie.

3. Turrion. Collection of tuition under section 1793 cannot be done by
appeal to the county superintendent, but must be settled through the
courts.

We fail to find in this case the affidavit of appeal from an action
of the board of number one. This of itself is such an irregularity
as to invalidate the whole proceeding. From the secretary’s tran-
script and the evidence we learn that district number two presented
a bill of tuition to district number one, and that the latter refused to
pay the same, whereupon the two boards agreed to an arbitration by
the county superintendent. If this is the transaction we have no
right to meddle with such arbitration, and it should be adhered to by
both parties. If the case had been regularly before the county su-
perintendent on appeal based upon proper affidavit our opinion is
that the county superintendent should have dismissed the case, as it
was indirectly a judgment for money, which neither county nor state
superintendent can decide. Section 1836, Code of 1873. The man-
ner of deciding such cases is indicated in section 1793. The account,
if refused, should have been presented to the county auditor, and by
108 SCHOOL LAW DECISIONS.

 

W. F. Rankin vy. District Township of Ledomillo.

 

him be paid from the next semi-annual apportionment. The other
board has a remedy by injunction upon the auditor.

We would add here that we have held that such a notice by a sec-
retary holds good only for the term, or for such longer time as the
board may agree upon.

At present, with the amendment made by the seventeenth general
assembly, chapter 41, no such account can be made except by consent
of the county superintendent, in which case no appeal will lie.

With these explanations we feel obliged to dismiss the case as not
within our jurisdiction.

‘ DismissEp.
C..W. von COELLN,

Superintendent of Public Instruction.
April 24, 1879.

W. F. Ranern v. Disrricr TownsHip or LopomILto.

Appeal from Clayton County.

1. Recorps. The record of the secretary shall be considered as evidence,
and not be invalidated by parol evidence unless there is proof of fraud
or falsehood.

2. TERRITORY: Transfer of. Where territory is to be transferred by con-
current action of two boards to the district to which it geographically
belonged, a majority of the members elect is not necessary, as required
for the change of subdistrict boundaries.

This appeal relates to the transfer of territory in the civil township
of Cass, which has belonged to the district township of Lodomillo
since 1856, to the township to which it geographically belongs.

The board of the district township of Cass appointed a committee
to meet a committee chosen by the Lodomillo board, to agree upon
terms of transfer. The district township of Lodomillo also appointed
a committee. The joint committee agreed upon a report, which the
board of Cass adopted September 16,1878. On the 12th day of Oc-
tober, 1878, the Lodomillo board, by a vote of four of the six mem.
bers present of a board of ten, also adopted the report and accepted
the proposition agreed to by the board of Cass.
SCHOOL LAW DECISIONS. 109

 

W.F. Rankin v. District Township of Lodomillo.

From the action of the Lodomillo board Wm. F. Rankin appealed
to the county superintendent, who dismissed the case for want of
jurisdiction, and stated that the action of the board was plainly in
violation of law, since the law, section 1738, requires a majority of
the board to change the boundaries of subdistricts. From this decis-
ion W. F. Rankin appeals to the superintendent of public instruc-
tion.

The secretary’s transcript of the transactions of the meeting of the
board of Lodomillo, held October 12, 1878, does not show any irregu-
larity in the transaction; does not show the number of members pres”
ent, nor the number of votes cast by which the motion was carried.

. According to a well established principle of law the records of any
public or private corporation must be considered as regular, and can-
not be set aside by parol evidence, except under an allegation of
fraud. Based upon the evidence of the transcript the whole transac-
tion was carried on in conformity with law, and we can see no reason
to interfere with the action of the board.

If we admitted the testimony of M. E. Axtel, showing that only
six members of a board of ten were present, and that four of these
six voted for the transfer, we would still hold that said transfer was
legally made.

The action of the board was not a change of boundaries of subdis-
tricts, but a transfer under section 1798. The territory transferred,
being part of districts organized before the law of 1858 took effect,
could be transferred by concurrent action of the boards to the district
to which it geographically belongs, and the limitation of section
1738, requiring a majority of the board to change subdistrict bounda-
' ries, is not applicable to this case.

The appeal is brought from the action of the board, which con-
curred, and is therefore taken in a proper manner. For the reason
set forth the action of the board is sustained and the decision of the
county superintendent is

REVERSED.
C. W. von COELLN,
Superintendent of Public Instruction.
May 28, 1879.
110 SCHOOL LAW DECISIONS.

 

L. B. Colburn v. District Township of Silver Creek.

 

L. B. Coisuern et gl. v. District TowNsuHIp oF Sitver Lake.
Appeal from Palo Alto County.

1. Evipencr. To establish malice or prejudice on the part of the board,
positive evidence must be introduced.

2. COUNTY SUPERINTENDENTS. A county superintendent should not ask
the state superintendent to decide a case on appeal for him, but may ask
for an interpretation of law, either by the state superintendent, or
through him, by the attorney general.

On the 25th day of August, 1879, the board of the district town-
skip of Silver Lake fixed the location of a school house on the old
site. i

From this order of the board, L. B. Colburn and others appealed to
the county superintendent, who affirmed the action of the board, and
from this decision the same parties appeal to the superintendent of
public instruction.

Among the errors enumerated, the appellants urge that the county
superintendent erred in holding that the board was not actuated by
passion or prejudice.

We fail to find any evidence establishing the existence of such
malice or prejudice on the part of the board. Appellants also claim
that the county superintendent erred in basing his decision on the
verbal opinion of the state superintendent, given prior to the hearing
of the case.

This gives us an opportunity of censuring a practice quite common
among county superintendents to ask the superintendent of public
instruction for his opinion in an appeal which is pending. I have
made it a universal practice to refuse answers upon the questions in-
volved in the particular case, and have given only the general princi-
ples which should govern county superintendents in determining cases
of appeal. These general principles are so well established that an
intelligent county superintendent ought to be familiar with them.

I believe that I advised the county superintendent in this case not
to measure the respective distances of the different locations from the
geographical center, before the trial of the appeal.
SCHOOL LAW DECISIONS. Tat

 

William Bartlett v. District Township of Spencer.

 

It is proper for a county superintendent to ascertain the interpre-
tation of points of law, by securing an opinion from this department,
or from the attorney general, through this department.

Without fully determining the merits of the respective locations,
we must hold that the board did not abuse their discretion sufficiently
to warrant interference. The appellants failing to prove malice or
prejudice on the part of the board, their order should stand, and the
decision of the county superintendent affirming their action is

AFFIRMED.
C. W. von COELLN,
Superintendent of Public Instruction.
March 30, 1880.

Ww. Bartuettr vy. District TOowNsHIP OF SPENCER.
Appeal from Clay County.

1. APPEAL. May be taken by any resident elector of the district, aggrieved
by action of the board
2. BOUNDARIES. Must conform to congressional divisions of land.

3 SCHOOL-HOUSE SITES: Proper location of. Depends upon form of dis-
tricta.

On the 22d day of October, 1881, the board of the above named
district township adopted the report of a committee locating a site
for a school-house in subdistrict number nine, on the southeast corner
of the southeast quarter of section twenty-one.

From their order, Wm. Bartlett appealed to the county superin-
tendent, who reversed the action of the board and located the site on
the northwest corner of the northeast quarter of the southeast quar-
ter of section twenty-one.

From this decision of the county superintendent, C. F. Archer and
D. A. Davis appeal to the superintendent of public instruction.

The counsel for the appellants files a motion to dismiss the appeal
on the ground that persons not parties to the hearing below are de-
barred from appealing to the superintendent of public instruction.

It has been repeatedly held that any person aggrieved may prose-
112 SCHOOL LAW DECISIONS.

 

William Bartlett v. District Township of Spencer.

 

cute an appeal from the decision of the county superintendent, unless
the right of appeal has been waived by previous agreement. See
case of Hdwards et al. v. District Township of West Point, page 35,
School Law Decisions, 1888. Also, case of Gosting v. District Town-
ship of Lincoln, page 80, same.

The subdistrict in which the location was made was formed by
action of the board at their regular meeting in last September. The
boundaries fixed by the board at that time, as shown by the plats in
evidence, are the Little Sioux river and Prairie creek on the north,
east and south, and the half section line running north and south
through sections eighteen, nineteen, thirty and thirty-one, as the
western boundary.

It is shown by the plat, that the half mile strip on the western side
of the subdistrict is supposed not to belong to subdistrict number
nine, and it is stated by the county superintendent that this territory
is supposed to be temporarily attached to the adjoining township for
school purposes. We are compelled to notice this irregularity of
boundaries, since the proper location of any school-honse obviously
depends largely upon the form and extent of the territory for which
the house is designed. Section 1796, providing for the creation of
subdistricts and for subsequent alterations in their boundaries, con-
tains the following: Provided, That the boundaries of subdistricts
shall conform to the lines of congressional divisions of land.

When government lines follow large streams, or other bodies of
water, 2.division is sometimes formed containing less than forty
acres, but unless such exception applies, the smallest congressional
division is the one-sixteenth of a section, or forty acres in a square
form.

In fixing the boundaries of subdistricts no smaller subdivision can
be made, and a forty acre tract must be included in the subdistrict,
or excluded, as a whole.

The only provision of law by which the half mile strip could be
attached to the adjoining district township, is found in section 1797.
The transfer can be made only when natural obstacles intervene.

It is apparent from the plats in evidence that no large unbridged
stream, or any other natural obstacle, exists. Hence we must con-
clude that it is the duty of the board of directors of the district town-
ship of Spencer to provide that the strip in question shall be a part
SCHOOL LAW DECISIONS. 113

 

E. H. Colcord v. District Township of Vinton.

 

of some subdistrict. It seems probable that a portion of the territory
referred to will naturally fall to subdistrict number nine.

The county superintendent appears to have presumed that the sub-
district would ultimately include all the territory to the township
line.

That the territory does belong to the district township of Spencer,
unless it has been attached to the adjoining township in accordance
with section 1797, there can be no question.

Such being the facts in this case, and the evidence disclosing that
the board did not exercise that care in selecting a site which is desir-
able when so many interests are involved, we are disposed to remand
the case to the board, with the suggestion that they adjust the bound-
aries of the subdistrict, and determine upon some other site than the
one chosen by them, with the intention to furnish the best accommo-
dation to all parties.

REVERSED ANC REMANDED.
J. W. AKERS,
Superintendent of Public Instruction.
February 15, 1882.

E. H. Coxcorp vy. INDEPENDENT District oF VINTON.
Appeal from Benton County.
ScHooL PRIVILEGES. Determined by the residence of the child.

The board of the above named district refused Ola Penine, a girl
living in the family of Mr. Colcord, admission to school unless tuition
was paid, the board regarding her as a non-resident scholar. Mr.
Colcord appealed from their order to the county superintendent, who
affirmed the action of the board, and Mr. Colcord appeals to the su-
perintendent of public instruction.

The leading question to be determined in this case is the residence,
for school purposes, of Ola Penine. It appears from the evidence
that she has been living in the family of Mr. Colcord for the last
seven years, and that she was placed there by her father with the

15
114 SCHOOL LAW DECISIONS.

 

E. H. Colcord v. District Township of Vinton.

 

understanding that she should make that her home and be sent to
school.

There is nothing to show any understanding as to the time she was
to remain, but her father testifies that he had not surrendered control
of her, and that she was subject to be called to his home at any
time. ‘ . ‘

While her residence within the independent district of Vinton may
be, in the meaning of the school law, of such a character as to entitle
her to school privileges, this fact has not been clearly established,
and we cannot find that the county superintendent erred in affirming
the order of the board.

It is the presumption of law that every child is entitled to the priv-
ileges of the public schools in some district, and the first part of sec-
tion 1794’ very clearly makes the actual residence of the pupil the
test by which to determine where he may attend school. We are of
the opinion that the affidavit of Mr. Colcord, that Ola Penine is a
member of his family and a resident of the independent district of
Vinton, would entitle her to attend the schools free of tuition. If
such an affidavit had been presented, and the board had refused per-
mission, we think the county superintendent would then have erred
in sustaining the board.

Under the circumstances the decision of the county superintendent
is

AFFIRMED.
J. W. AKERS,
Superintendent of Public Instruction.
March 31, 1882.
SCHOOL LAW DECISIONS. 115

 

J. D. Handersheldt v. District Township of Des Moines,

 

J. D. HanprersHetpt v. District Townsuie cF Des Mornzs.

Appeal from Jefferson County.

1. DiscRETION: Abuse of. Is not established by evidence showing that a
different action on the part of the board would have been preferred by
electors.

2. District: Validity of Organization. The county superintendent has no
jurisdiction to determine the validity of district organization.

A petition was presented to the board of the above-named district
township, asking that certain territory in Des Moines township be
set aside to form, in connection with territory to be obtained from
the independent district of Liberty, number eight, a new subdistrict
to be known as subdistrict number nine, Des Moines township, Jeffer-
son county, Iowa.

The board acted on this petition and made the following order:
“In the matter of the petition of John Handersheldt and Silas Pear-
son, asking for the formation of a new subdistrict to be known as
number nine, in the district township of Des Moines, Jefferson county,
Iowa. All the territory within the boundary lines therein described,
is hereby granted, provided sufficient territory be granted by the in-
dependent school district of Liberty, number eight, to make a suita-
ble and convenient subdistrict as to the amount of territory and the
number of children of school age; and provided, that in case the
territory is not granted by said independent district of Liberty num-
ber eight, then said territory hereby granted shall remain and be a
part of subdistrict number five, of the district township of Des Moines,
Jefferson county, Iowa.”

On the 28th day of April, 1882, the board of the district township
of Des Moines, at a special meeting, adopted the following resolu-
tion:

“It is hereby ordered that all action heretofore taken by the board
of the district township of Des Moines, Jefferson county, Iowa, in
the formation and organization of subdistrict number nine, in the
above-named township, is hereby rescinded.”

From this action of the board, Mr. J. D. Handersheldt appealed to
118 SCHOOL LAW DECISIONS.

 

J. D. Handersheldt v. District Township of Des Moines.

 

the county superintendent, who upon hearing the case on appeal ren-
dered the following decision: “A resolution passed rescinding an
action which has not as yet taken effect, is legal, but so far as it con-
cerns formation and organization which is already completed, it is
illegal.”

From the action or decision of the county superintendent, J. D.
Handersheldt appeals to the superintendent of public instruction.

It appears from the transcript of the county superintendent that
the witnesses were not sworn, as required by law. See note (d) un-
der section 1834, School Laws 1880.

According to the uniform holding of this department, a failure to
take evidence under oath is fatal to the case, even though from its
nature it came properly before the county superintendent on appeal.

A brief examination will be sufficient, we think, to show that this
action should have been dismissed by the county superintendent for
want of jurisdiction. ‘No appeal will lie when the validity of di-~-
trict organization is involved.” See case of WV. ZT. Bowen v. District
Township of Lafayette, page 124, School Laws 1876.”

This appeal was taken from the action of the board to the superin-
tendent, for.the purpose of determining whether or not the board
erred in rescinding their former action creating subdistrict number
nine. There was very little evidence bearing on this, the sole issue
in the case. Witnesses simply stated that they were or were not in
favor of subdistrict number nine.

Such testimony can have no bearing in an action to establish error
on the part of the board. Appellants set forth in their affidavit that
the county superintendent erred, in that he refused to admit testi-
money to show that there never had been any legal organization of
subdistrict number nine. We think such evidence was properly ex-
cluded, and yet it is necessary, to enable any tribunal to arrive at a
decision of the case; for if the district was organized according to
law, then the board committed error in making an order which oper-
ated to discontinue it, and hence to change the boundaries of subdis-
tricts at a time of year in which, according to our holding, it cannot
be done.

Upon this presumption, viz.: that the district was legally organ-
ized, they committed error by making a change of subdistrict bound-
SCHOOL LAW DECISIONS. 117

 

George Hansel et al. v. District Township of Mallory.

 

aries without a majority of the whole board. Section 1738, note (0),
School Laws 1880.

It must therefore be determined whether the conditions upon which
the board of Des Moines township granted the territory, were ful-
filled, or, in other words, it must be known whether or not the inde-
pendent district number eight, of Liberty, concurred in the transfer
of the territory.

But neither the county superintendent nor this department is com-
petent to determine the legality of a district organization, and it is
therefore impossible to decide whether or not the board committed
error.

The remedy is an application to a court of law for mandamus to
compel the board to recognize the director of subdistrict number
nine, as a school officer and member of the board of the district
township of Des Moines, Jefferson county, Iowa.

Were the issues involved within our jurisdiction, we would not
hesitate to consider them, but as no questions of such nature are con-
nected with the case it is

DismissEp.
é J. W. AKERS,
Superintendent of Public Instruction.
November 2, 1882.

Grorce Hanser e al. v. District Townsnip oF Matuory.

Appeal from Clayton County.

1. Taxes. Must be certified in accordance with vote of the electors.

‘2, SCHOOL-HOUSE SITE: Location of. A vote of the electors to select the
precise location of a school-house is not mandatory on the board.
3.

 

- Must be selected with reference to convenience of the people.

By this action it is sought to set aside an order of the board of the
above named district township locating a school-house in subdistrict
No. 5.

At their regular meeting on the first Monday of March, 1881, the
118 SCHOOL LAW DECISIONS.

 

George Hansel et al. v. District Township of Mallory.

 

electors of the above named subdistrict voted a tax of $600 for the
purpose of building a school-house.

On the second Monday of March, 1881, the electors of said district
township voted a tax of $1,200, to be apportioned as follows:

To subdistrict No. 2, $400.
To subdistrict No. 3, $400.
To subdistrict No. 5, $400.

On the 26th day of March, 1881, the board held a special meeting
for the purpose of apportioning the tax as voted by the electors.

On motion, as amended by J. Cree, the tax of $400, as voted by the
electors for the benefit of subdistrict No- 3, was stricken out. On
motion of R. B. Flenniken the tax of $75 voted by the electors for
subdistrict No. 8, was also striken out, leaving a total tax of $900.

The secretary of the board then certified this amount to the board
of supervisors, as the tax voted by the electors and apportioned by
the board as follows:

Subdistrict No. 2, $300.
Subdistrict No. 5, $300; and,
District township at large, $300.

On the 15th of July the board held acalled meeting for the purpose
of locating the school-house in subdistrict No. 5.

At this meeting an order was made locating the house about one
mile from the town of Osterdock, on the northeast corner of NE} of
SE of Sec. 2, T. 91, R. 3.

From this action of the board George Hansel e¢ a/. appealed to the
county superintendent, who affirmed the action of the board.

E. A. Bush and 8. W. Shaffer appeal to the superintendent of pub-
lic instruction.

We have stated the case at some length for the purpose of calling
attention to a flagrant violation of law on the part of the district
township board in certifying to the township trustees a tax wholly
different from the levy voted by the electors.

The tax as certified by the secretary was $900, to be apportioned
as stated above, whereas $1,200 was voted by the electors, $400 of
which was for the purpose of building the school-house in subdistrict
No. 5. The board is bound to certify the tax, and to employ the
funds raised in strict accordance with the vote of the electors.
SCHOOL LAW DECISIONS. . 119

 

George Hansel et al. v. District Township of Mallory.

 

Where the law is so plain it is difficult to understand how such an
abuse of power could have been allowed to pass unchallenged.

Counsel for appellant assigns error on the part of the board, in
that they violated law in selecting a site different from that chosen
by the electors, and in support of this position refers to the case of
Kennon et al.v. Independent District of Nodaway No. 4, School Law
Decisions, 1888, page 100.

It is there stated that “If the site had been fixed by them (the
electors) at the time of and in connection with the voting of the
bonds, the board would have been compelled to follow those instruc.
tions.”

In this opinion we cannot concur, and we think it does not follow
from the case of Hubbard v. District Township of Lime Creek, School
Law Decisions, page 78, on which it appears to rest. It was there
held that money voted to build a house in one subdistrict could not
be used to build a house in another subdistrict, but that any attempt
on the part of the electors to locate, precisely, a school-house site was
void and of no binding force.

The power to locate sites is vested by law in the board of directors
—Sec. 1724, School Laws, 1880—and the county superintendent very
properly refused to sustain a charge of error on this ground.

Bat while the board may not be restricted by the electors, the law
requires that they so locate sites as to serve the convenience of the
people, and if they refuse to do so their action may be set aside on
the ground that a manifest injustice has been done.

We cannot avoid the conviction that in the present case an injus-
tice, sufficient to warrant a reversal, has been done the people of Os-
terdock and vicinity. In order to make this clear it will be necessary
to consider the case at some length.

The county superintendent relies upon the principle, so frequently,
stated by this department, that one strong school is more to he de-
sired than two schools not largely attended; and since it is shown in
evidence that it is the intention of the board to discontinue the
schoo] at the old site, and unite the two schools at the site as pro-
posed, their action should be affirmed.

As a rule this is correct, but in the case of a subdistrict, composed
of very broken country, there may and ought to be exceptions.
120 SCHOOL LAW DECISIONS.

 

Appleton Park y. Independent District of Pleasant Grove.

 

The town of Osterdock is situated in the valley of the Turkey
river, on the extreme north line of the district. The bluff passing
up to the elevated country adjacent is steep and difficult of ascent
when muddy and slippery, or when covered with snow and ice. The
district is of considerable length, and if the convenience of the peo-
ple is consulted it would seem that two schools should be provided-

It also appears in evidence that many children residing out of the
town of Osterdock will be compelled to pass through the town on
their way to the school-house, as located by the board.

It is with extreme reluctance that we set aside the action of the
board and the county superintendent, but believing that a manifest
injustice has been done the people of Osterdock and vicinity, we are
compelled to hold that the board should have selected a site at or
near Osterdock, and the decision of the county superintendent is
therefore

REVERSED.
J. W. AKERS,
Superintendent of Public Instruction.
November 22, 1882.

APPLETON Park v. INDEPENDENT DistTRIct oF PLEASANT GROVE.
Appeal from Des Moines County.

1. REcorD: Jmpeachment of: Parol evidence cannot be admitted in im-
peachment of a record if made and certified to by the proper officers as
required by law.

2, ———. Not so made and certified to is defective and may be impeached
by collateral evidence.

3. CHARGES. Must be clearly sustained by evidence.

4. TEACHER. The law provides that a teacher shall have a fair and impar-

tial trial, with sufficient notice to enable him to rebut the charges of his
accusers.

Appleton Park, a school teacher of Des Moines county, was duly
engaged and contracted with to teach the school in the independent
district of Pleasant Grove.
SCHOOL LAW DECISIONS. 121

 

Appleton Park v. Independent District of Pleasant Grove.

 

He began teaching on the 4th day of September, 1882; after some
ten or eleven days had expired, during which time he had taught the
school, he was waited upon by the entire board of said district, called
to the door and informed that certain rumors were being circulated,
to the effect that he had been guilty of using obscene and vulgar lan-
guage in the presence of his pupils, and during regular school hours.
The board called at the school-house again about the hour for closing
the school in the afternoon, and, the school having been dismissed,
they proceeded to examine three of the boys as to the truth of the
charges above referred to.

The result of this action was that the teacher left the school and
board employed another teacher,

Mr. Park appealed to the county superintendent, who reversed the
action of the board, whereupon D. L. Portlock, president of the
board, appeals to the superintendent of public instruction.

The principal difficulty presented in this case seems to be to de-
termine just what that action, or order of the board, was from which
appeal was taken.

The transcript filed by the secretary of the board, is as follows:

“Complaint being made by some of the scholars to the school
board, in regard to the teacher, Appleton Park, using indecent, rough
and insulting language during school time, the board met at the
school-house to make an investigation. The board stated the above
charges, to the teacher, Appleton Park, who, after reflecting upon the
matter, proposed his resignation to the board.

The board, after due consideration, accepted the same. The ques-
tion being settled in the above way, and no other business before the
board, the board then adjourned.”

D. L. Porriocr, President.
F. M. Stucxksr,
H. FieEnor,
F. A. Fewerman, Secretary.

The parol evidence of Appleton Park was admitted to offset and
impeach the record.

This was clearly in violation of well established law, if the record
was really what it purported to be, a true and authenticated copy of
the proceedings of the meeting of the board referred to.

16
122 SCHOOL LAW DECISIONS.

 

Appleton Park v. Independent District of Pleasant Grove.

 

Starkie on evidence, says: “Where written instruments are ap-
pointed, either by the immediate authority of law, or by the compact
of the parties, to be the permanent repositories and testimony of
truth, itis a matter both of principle and of policy, to exclude any
inferior evidence from being used, either as a substitute for such in.
struments, or to contradict or alter them; of principle, because such
instruments are in their own nature and origin entitled to a much
higher degree of credit than that which appertains to parol evidence;
of policy, because it would be attended with great mischief and in-
convenience if those instruments upon which men’s rights depend
were liable to be impeached and controverted by loose collateral evi.
dence.” Starkie, part 1V, p. 995, Vol. III, 3d Amer. Ed.

The fact that the transcript referred to is not certified to by the
secretary, and the further fact that he was not present at the board
meeting in question, and wrote the minutes as dictated from-memory
by the president of the board, three days after the meeting, fully
justified the superintendent in ruling it out and in admitting parol
evidence.

We come now to consider whether the trial before the board was
such a proceeding as is required by section 1734.

The board called in the morning and informed the teacher of the
charges preferred to them, against him; whereupon he offered to
resign. They instructed him to proceed with his school and stated
that they would return in the evening. During the day the board
worked up their case against the teacher, while he was so employed
as to prevent him from giving thought or attention to the charges, or
to the preparation of any adequate defense.

We must sustain the superintendent in finding that the trial and -
opportunity to defend was not what the law intends every teacher
shall have. Every teacher is eutitled to the sympathy and support of
the school board, and where there is any reasonable doubt as to the
truth of stories circulated by school children, the teacher should have
the benefit of such doubt.

We believe that had the board been in sympathy with their teacher
in this instance, they would have decided that the charges were not
sustained by the evidence, at least by any evidence which appears of
record..
SCHOOL LAW DECISIONS. 193

 

H. D. Fisher v. District Township of Tipton.

 

That the teacher offered to resign in the evening does not appear
from the evidence offered in behalf of the board, while it does ap:
pear that at least one member of the board told him “he had better
quit.”

We are compelled to hold that the teacher was dismissed, and that
in doing so for no sufficient reason the board erred, and the decision
of the county superintendent is therefore

AFFIRMED.
J. W. AKERS,
Superintendent of Public Instruction.
February 16, 1883. :

H. D. Fisuer v. Disteicr Townsuip oF TipTon.
Appeal from Hardin County.

1. ScHOOL-HOUSE Si1TE. When purchased by board not subject to the
provisions of section 1825.

2. LOCATION. May be within less than forty rods, when obtained by pur-
chase. :

On the 28th day of March, 1884, the board of the above named
district township ordered the purchase of an acre of ground fora
school-house site on the corner of section 15, township 87 north,
Tange 21 west.

H. D. Fisher, who is the owner of land immediately adjoining said
site, objected to the location, on the ground that the site was within
less than forty rods of his residence.

The board adhered to their decision in disregard of his objection,
whereupon H. D. Fisher appealed to the county superintendent, who
affirmed the action of the board.

H. D. Fisher appeals to the superintendent of public instruction.

Affiant alleges that the board violated law in purchasing a site
within less than forty rods of his residence, against his will and with-
out his consent. This was the only error assigned in his affidavit of
appeal to the county superintendent, and the same is the only error
124 SCHOOL LAW DECISIONS.

 

H. D. Fisher v. District Township of Tipton.

 

assigned in the affidavit of appeal to the superintendent of public in-
struction.

The case will therefore be confined to a consideration of the alleged
grievance, and all argument of counsel and all evidence taken to
establish an abuse of discretion in changing the location of the house
need not be considered.

On trial before the county superintendent, defendant filed a motion
to dismiss the action for want of jurisdiction. This motion to dis-
miss was over-ruled, and defendant excepted.

The motion to dismiss was filed on the ground that there had been
no order or decision of the district township board from which an
appeal could be taken, and no action taken as shown by the transcript
of the record, upon any matter affecting the rights of H. D. Fisher.

The transcript of the secretary states that on the 29th of March
the board located the new site on a piece of ground bought of Ferdi-
nand Beckman.

This was an action from which any person aggrieved might appeal.
The appeal was based on a charge that the board had violated law,
and it was proper for the county superintendent to hear the case in
order to determine whether the law had been violated or not.

Counsel urges that the case should. have been dismissed because
affiant made no objection to the location until after the purchase of
the land and until after he was estopped for so objecting. But even
through the neglect to object in season would bar affiant from subse-
quent interference, it was the duty of the county superintendent to
proceed with the trial in order to determined by evidence when and
how objection was made.

We think that the county superintendent had jurisdiction, and that
the motion to dismiss was properly over-ruled.

In the eighth count of defendant’s argument it is urged that the
county superintendent had not original jurisdiction to try or to adju-
dicate a matter not acted upon by the board.

But the removal of the school-house to its proposed location was
determined by the board, and from that action appeal was taken, and
not from their refusal to consider the objection of affiant.

The ground of the defense is the delay of H. D. Fisher to make
known his objection to the location of the school-house within forty
rods of his dwelling.
SCHOOL LAW DECISIONS. 125

 

H. D. Fisher v. District Township of Tipton.

 

The county superintendent sustains the action of the board for the
reason that the site was purchased, affiant knowing of the intention
of the board to purchase the ground and to locate the house, and
making no objection until after the contract to move the house had
been let by the board.

Whether the decision of the county superintendent should be af-
firmed, for the reasons assigned, need not be considered, as the case
will be determined upon the construction of the statute prohibiting
the location of a school-house within less than forty rods of a dwell-
ing, the owner whereof objects.

The case was tried by the county superintendent and argued by
counsel on both sides as coming under the act authorizing boards to
condemn, and to take and to hold school-honuse sites.

We think this point worthy of a careful examination. Chapter
124, laws of 1870, first authorized boards to take and hold land for
school-house sites.

Recognizing that they were conferring a dangerous power upon
such boards, they prudently enacted certain restrictions to govern
such boards in the exercise of that power. But it was not intended,
we think, to so restrict boards, except when exercising the power
therein conferred.

This chapter was subsequently embodied in the Code, and is now
found to be contained in sections 1825, 1826, 1827 and 1828, School
Laws 1880.

Section 1825 says: “It shall be lawful for any district townhip, or
independent district, to take and hold, under the provisions con-
tained in this chapter,” etc.

The provisions contained in this chapter, or in the following sec-
tions, are as follows:

That the real estate so taken shall not exceed one acre.

The site “so taken” must be on some public highway, at least.
forty rods from any residence the owner (of the residence) whereof
objects to its being placed nearer.

And not in an orchard, garden or public park.

It is perfectly clear that ground cannot be condemned in disregard
of any one of these provisions. But the site in question was not
condemned and taken, but it was purchased of a third party anda
126 SCHOOL LAW DECISIONS.

 

H. D. Fisher v. District Townshiy of Tipton.

 

good and sufficient deed made over to the district township of Tipton.

Do the provisions above quoted apply in cases where sites are pur-
chased? If any one of them does, they all do.

First, “the land so taken shall not exceed one acre.” No one would
hold that boards may not buy, and districts hold, more than one acre
of land for school-house purposes, provided they are limited to a reas-
onable amount.

This restriction then, is of no force except in cases where sites are
condemned.

Again, “and not in any orchard, garden or public park.”

Does it follow, therefore, that boards cannot_ purchase an orchard,
garden, or park, for a school-house site if they desire it, and the
owner is willing to sell ?

We think not, by any means. And, “at least forty rods from any
dwelling, the owner whereof objects,” etc.

This limitation has exactly the same force and application, and no
other. Land within forty rods of a residence cannot be condemned
if the owner objects; but if a third party is willing to sell a school-
house site, and the district purchases and pays for it, it is not compe-
tent for the owner of a dwelling to restrain the location on the ground
that it is within forty rods of such dwelling.

We think this interpretation of the law borne out both by its evi-
dent meaning and its phraseology.

We are aware that it has for many years been the holding of this
department that a school-house site, whether obtained by purchase or
otherwise, could not be placed nearer than forty rods to any residence
the owner objecting, and it is with regret that we must reverse a rul-
ing of so long standing; but from the fact that in many thickly set-
tled communities our school-houses are being crowded into sloughs
and out of the way places, and the further fact that it is not warranted
by the law, we are compelled to do so.

We must, therefore, hold that the board of the district township of
Tipton violated no law in purchasing the site and in ordering the re-
moval of the school-house thereon.

The decision of the county superintendent is therefore

AFFIRMED.
J. W. AKERS,

Superintendent of Public Instruction.
July 7, 1884.
SCHOOL LAW DECISIONS. 127

 

Ezra Koontz v. District Township of Liscomb.

 

Ezra Koontz v. Districr Townsuip oF Liscomer.

Appeal from Marshall County.

1. SuBDisTRICTs: Form of. It is very important that subdistricts should be
regular in form, and that where it is possible, school-houses should be
located at or near geographical centers.

2. SCHOOL-HOUSE SITE: Location of. The condition of matters within the
subdistrict should govern the location of the house. The attendance of
parties from an adjoining subdistrict should not determine change of site.

A petition was presented to the board of the above named district
township, asking that certain changes be made in subdistrict bounda-
ries, viz.: That the southwest quarter of section eighteen be detached
from subdistrict number four, and attached to subdistrict number
five; also, that the south half of section twenty one be detached from
subdistrict number five, and attached to subdistrict number six.

On the 16th day of February, 1884, the board granted the prayer of
petitioners and ordered the plat of subdistrict boundaries to be so
altered as to agree with the above changes.

Ezra Koontz appealed to the county superintendent, who reversed
the order of the board.

P. T. Beatch, president of said board, appeals to the superintend-
ent of public instruction.

Subdistrict number five contains a little more than five sections of
land, and if the order of the board is sustained it will contain a little
more than four and one-half sections. The south half of section
twenty-one formerly belonged to subdistrict number six, but was
transferred to subdistrict number five in order to create better school
facilities for the children of Ezra Koontz, who lives on the extreme
south line of subdistrict number six, while the school-house is at the
geographical center, and no public road leading to it.

The electors of the district township voted $1,000 to procure a
highway for the accommodation of Mr. Koontz; but this fund was
subsc quently transferred to the teachers’ fund, and the movement to
secure the highway was indefinitely postponed.

Mr. Koontz is unfortunately located, but it appears from the en-
128 SCHOOL LAW DECISIONS.

 

Ezra Koontz v. District Township of Liscomb.

 

tire proceedings that there is a disposition to remove the obstacles in
his way. This is shown both by the efforts to secure a highway at
the cost of $1,000 and in the former action of the board in breaking
up the regular form of subdistricts, in order to include him in num.
ber five.

We think it very important that subdistrict boundaries should be
regular, and that where it is possible school-houses should be located
at geographical centers.

The action of the board in transferring the south half of section
twenty-one, to subdistrict number six, and the southwest quarter of
section eighteen to number five, was wise, and should have been sus-
tained. Mr. Koontz must seek to secure proper accommodations in
number six, and if this proves to be impossible, he must charge it to
the account of an unfavorable location.

It cannot reasonably be demanded that his property should be in-
cluded in number five, and the school-house in that district be moved
away from the center and taken to the south line of the district, and
away from families living in the north of number five, in order to ac-
commodate others not living in the subdistrict, especially when it is
considered that those living in the north will be compelled to send
out of their own subdistrict, in such case.

We are compelled to hold that the action of the board should have
been sustained, and the decision of the county superintendent is
therefore

REVERSED.
J. W. AKERS,
Superintendent of Public Instruction.
July 21, 1884.
SCHOOL LAW DECISIONS. 129

 

J. L. Marshall et al. vy. District Township of Marshall.

 

J. L. Marsaatt e al. v. District TowNnsuip or MarsHAt.
Appeal from Louisa County.

SUBDISTRICT. The board may not redistrict so as to abolish a subdistrict,
with intent to prevent the building of a house provided for by the elec-
tors.

TaxzEs: School-House. Must be certified, collected and expended, in
accordance with vote of the electors.

On the 22d day of February, 1886, the board of the above named
district township abandoned subdistrict number four, of said district
township, and transferred its territory in parcels to adjoining sub-
districts.

J. L. Marshall e¢ ai. appealed to the county superintendent, who re-
versed the order of the board.

N. W. Mackay, president of the board of directors, appeals to the
superintendent of public instruction.

It is unnecessary to consider the real merits of this case. The
board must be reversed upon the ground that at the meeting of the
electors of subdistrict number four, held in March, 1885, a tax of
$300 was voted to build a school-house in said subdistrict number
four.

It appears in evidence that this tax was voted, properly certified
by the district board and levied by the board of supervisors, and that
a portion, at least, has been collected.

It is not competent for the board to defeat a vote of this kind by
districting the subdistrict out of existence. The money must be ex-
pended in accordance with the vote, and the house must be built.
Whether or not any of the tax has been collected is not material. It
must be collected and expended by the board as directed by the peo-
ple.

The case of Benjamin v. District Township of Malaka et al., 50
Towa, page 648, is applicable here. .The only point of difference
being that in the case cited, the tax had been collected before action
was had by the board.

In this case a part only of the tax has been collected, but as stated

17
130 SCHOOL LAW DECISIONS.

 

J.B. B. Baker v. Independent District of Waukon.

 

above this is not material. The equities of this case may be with the
board, but the action of the electors, in voting to build a house in
subdistrict number four, and in providing the means, will bar the
board, and any act calculated to avoid their mandatory duty, is a vi-
olation of law.

AFFIBMED.

J. W. AKERS,

- Superintendent of Public Instruction.

September 16, 1886.

~

J.B. B. Baxzr v. INDEPENDENT District oF WAUKON.

Appeal from Allamakee County.

RULES AND REGULATIONS. In establishing and enforcing regulations
for the government of scholars, the board have a large discretion.

On the 7th day of June, 1886, Maud Baker, the daughter of the
plaintiff in the above entitled case, was suspended from the public
school in the above named independent district, for repeated viola-
tion of a rule of the board, known as rule five, which reads as follows:
“Any scholar who shall be absent five half-days in four consecutive
weeks, without any excuse from parent or guardian satisfactory to
the teacher that the absence was caused by said pupil’s sickness, or
by sickness in the family, or, in the primary grades, by severity of
the weather, shall forthwith be suspended. No pupil so suspended
shall be reinstated without a permit from the principal.”

Rule twelve provides that the principal of the school may suspend
pupils temporarily, and that he shall immediately notify the parent
or guardian of a suspended child of such suspension, the notice to be
in writing, and, furthermore, that he shall immediately inform the
board of his action.

Maud Baker was absent, without excuse, and when called to account
for her absence, stated that she had gone on a fishing excursion, and
expected to go the week following.

Having failed to render a satisfactory excuse, she was suspended,
as above stated. Notice in writing was sent to the parent, as re-
SCHOOL LAW DECISIONS. 131

 

J.B. B. Baker v. Independent District of Waukon.

 

quired by rule five, and the board informed of the suspension. The
board approved the action of the principal.

J.B. B. Baker appealed to the county superintendent, who reversed
the action of the board.

D. W. Reed appeals to the superintendent of public instruction.

The facts in the case are not controverted.

It appears in evidence that the suspension of Maud Baker was re-
ported to the board, and that a special meeting of the board was held
for the consideration of the act of the principal. Maud Baker was
present at this meeting of the board,and the president testifies that
he read to her the rule under which she had been suspended, and
asked her to give the board some promise of amendment in the future,
as a condition of reinstatement, and she replied that she would not
make any promise for the future, and expected to go fishing the fol-
lowing week.

The county superintendent finds that the suspension was made in
compliance with the rules of the board for the government and regu-
lation of their schools, and that the act of the principal in suspending,
and of the board in approving his action, was without prejudice or
malice.

The board was reversed on the ground that the law does not confer
upon the principal, or the board, power to suspend for the cause for
which Maud Baker was suspended.

The case turns, therefore, upon the power of the board to establish
and enforce a rule providing for the suspension of pupils, who are
absent a given number of days, or half-days, without a satisfactory
excuse.

This point has been fully discussed and settled by our supreme
court in the case of Burdick v. Babcock, 31 Iowa, page 562, and need
not be considered here. Murphy v. Independent District of Marengo
has been cited, but does not apply, as in that case it is stated that the
offense for which the pupil was dismissed was not in violation of any
rule or regulation.

We are compelled to overrule the decision of the county superin-
tendent, and to sustain the action of the board.

REVERSED.
J. W. AKERS,

Superintendent of Public Instruction.
October 23, 1886.
182 SCHOOL LAW DECISIONS.

 

E. G. Lewis v. District Township of Woolstock.

 

E. G. Lewis v. District TownsHip er WooLsTock.
Appeal from Wright County.

‘SCHOOL-HOUSE SITE: Location of. A village in a subdistrict has special
claims favoring the selection of a site within its limits. The element of
distance to be traveled by some is largely overcome by the advantages
of a location in the town.

The board of the above named district township were petitioned to
remove the school-house in subdistrict number three to a site at, or
“near, the village of Woolstock, which is situated on the western half
of the said subdistrict. ,

The petition was denied. E. G. Lewis, e al., appealed to the
county superintendent.

The decision of the board was reversed. B. Watkins appeals to
the superintendent of public instruction.

The school-house in subdistrict number three is now centrally
located, and nearly one mile from the village by traveled highway.

There are about fifty-three children of school age in the district,
and it appears from the evidence that forty-tive of these live within
one-half mile of the proposed new site. The removal of the house
may increase the distance now traveled by the children of a few fam-
ilies, but it appears that in such cases accommodations may be had
within about one and one-half mile at other schools.

If the nature of the case is such as to require some changes in
boundary lines, we think such changes should be made, and the
school-house located in the village, and for the following reasons:

The children from the rural portions of the district can travel to
and from the village much more conveniently than those from the
village can attend in the country. The course of trade brings the
parent to the market in the morning, and the movement of convey-
ances will therefore afford many conveniences toward reaching the
school from the country, and of returning in the evening.

But, on the other hand, there is no regularity of travel to the
country in the forenoon, so that when walking is bad, or impossible,
conveyances would be required for the sole purpose of taking chil-
SCHOOL LAW DECISIONS. 133

 

J. A. Cousins v. Independent District Township of Spirit Lake.

 

dren to the school. Besides, the great majority of those who live in
the village have no means of carrying their children a distance to
school, while the farmer is seldom, if ever, without them.

There is a reason why the school should be convenient for children
in the village, which does not exist as to children of the country.
The village has many evil resorts, where children are led into vice,
which are not incident to the country. All children should be kept
regularly in school, but the reasons for this, as applied to village and
town children, are much stronger than as applied to those of the
country.

The village must be supplied with a school, and in the case before
us, if the house is not located at the village, the result in the near
future will be two schools for this subdistrict.

We are compelled to hold that the board erred in refusing to grant
the petition.
The decision of the county superintendent is
AFFIRMED.
J. W. AKERS,
Superintendent of Public Instruction.
September 14, 1887.

J. A. Covetns v. InpEPENDENT District Townsuir or Spigit Laxe.
Appeal from Dickinson County.

ScHOOL-HOUSE: Removal of. The removal of an old house away from the
geographical center and away from the center of population, without
special and strong reasons therefor, is an abuse of the discretionary
power of the board.

On the 6th day of April, 1887, the board of the above named dis-
trict passed an order to move the school-house, known as the Swailes
school-house, to a point one-half mile west of its present location.

From this order J. A. Cousins appealed to the county superintend-
ent. The action of the board was sustained.

J. A. Cousins appeals.
134 SCHOOL LAW DECISIONS.

 

J. A. Cousins v. Independent District Township of Spirit Lake.

 

The district borders on Spirit and adjacent smaller lakes, and is
very irregular in its boundaries.

There are about fifty children of school age living in the district,
most of whom are favorably or adversely affected by the change.
But, considering both locations, there is no material change in the
distance traveled by all.

The present site is at the junction of an east and west road,
known as the Diamond Lake road, with a north and south road known
as the Emmet County road. The school-house is old and has recently
been repaired at a cost of $60.

As now located there are seven children two miles from the school-
house. Twelve children will be two miles from the new site. We
are unable to find in this case any good and substantial reason for
this change of location.

The present site is central and nearer the center of population, so
far as we can determine from the map submitted as a part of the
transcript. It is at a cross-roads which is very desirable. The lease
to the present site expires in about five years. By that time the old
house will in all probability be worthless and a new one will be needed
to take its place.

The electors at their last March meeting voted to build a new house
on section nineteen, the site of which is one-half mile west and one
and three-fourth miles north of the present site.

We cannot avoid the conviction that in moving an old house one-
half mile at an expense of ninety dollars, away from the geographi-
cal center, and away from the center of population, without special
and strong reasons therefor, is an abuse of discretionary power.

The decision of the county superintendent is

REVERSED.
J. W. AKERS,
Superintendent of Public Instruction.
September 19, 1887.
SCHOOL LAW DECISIONS. 135

 

D. A. Boyer et al. v. Independent District Number Two, Dutch Township.

 

D. A. Boyzg e al. v. InpEPpENDENT District Numsrr Two,
Durce TownsuHlp.

Appeal from Washington County.

1. Boarp: Discretionary power of. In the absence of proof that the
board have abused the authority given them by the law, their orders
will not be set aside, although another decision might to many seem
preferable.

2. SCHOOL-HOUSE SITE: Location of. When purchased, the provisions
of section 1825 do not apply. The district stands in the same relation
to the public and to individuals, in this respect, as do other corporations,
and may purchase and convey real estate accordingly.

On the 23d day of July, 1887, the board of the above named dis-
trict made an order that the school-house site of said independent
district should be changed from its present site, which is near the
southwest corner of the northwest quarter of the northwest quarter
of section ten, to the southeast corner of section four, and about
ninety rods due north. It was also ordered that a new school-house
should be built on the new site.

From this order of the board, David A. Boyer and others appealed
to the county superintendent.

The order of the board was reversed, on condition that appellants
should secure the opening of a public road from the present site’ of
the school-house to the public road running east and west through
the southern portion of the district, and along the south line of sec-
tions nine and ten.

William Stevenson and 8. D. Carris appeal.

The independent district in question is composed of sections thirty-
three, thirty-four, three, four, and the north half of sections fifteen
and sixteen. Public roads enter east and west along the north line
of sections three and four, and along the south line of the same sec-
tions. On this latter highway the new site is located. From the new
site a road extends due south to the old site. This is the road, the
extension of which is made a condition in the decision of the county
superintendent.
136 SCHOOL LAW DECISIONS.

 

D. A. Boyer et al. v. Independent District Number Two, Dutch Township.

 

The population of the district is mostly along the last named east
and west highway, and in sections nine and ten lying immediately
south of said highway. At the annual meeting, or election of the in-
dependent district in question, held March, 1887, a motion was made
to vote a tax of $600 for the purpose of building a school house on
the old site. This motion was lost.

A motion was then made and carried that a tax be levied to build a
school-house, no site being specified. This was followed by a motion
to build the house on the present site, which motion was lost.

At a special meeting held June 18, 1887, a motion was made and
carried to procure a new site, and at another special meeting held”
July 23, 1887, the site of the new house was finally located on the
southeast corner of section four.

It appears that the electors were very much divided in opinion as
t» the location of the new house, and the majority attending the March
election were opposed to locating it upon the old site.

If the house was to be moved to the north, the site selected by the
board is as near, or practically so, as the board could have selected.
There is a slough just north of the present site, and if moved at all
the house must be placed to the north of this, which would compel
the selection of a site within a few rods of the new site.

The present site is practically central both as to geographical cen-
ter and center of population, and it would seem that the presumption
was in favor of the present site, while the one selected by the board
is not objectionable on account of its location, unless the fact that
it it is not exactly central constitutes an objection.

Boards are given large discretion in such matters, and it has beena
tule of long standing in this department not to over rule the order of
hoards, except in cases where an abuse of discretion is clearly estab-
lished. While the old site may be equally good and even better, we
cannot set their order aside, in the absence of evidence going to show
tbat they have abused the authority which the law gives them.

The county superintendent held that the board had violated the
provision of Section 1826, School Laws 1884, in locating the new site
nearer than forty rods to a dwelling, the owner whereof objects. The
board in this case, located the site within eighteen rods of a residence
and it is conceded that said owner refuses her consent to such loca-
tion.
SCHOOL LAW DECISIONS. 137

 

D. A. Boyer et al. v. Independent District Number Two, Dutch Township.

 

Section 1826 provides that a site taken, as provided in section
1825 must be at least forty rods from any residence, the owner
whereof objects to its being placed nearer.

Section 1825 provides: “It shall be lawful for any district town-
ship, or independent district to take and hold, under the provisions of
this chapter, so much real estate as may be necessary for the location
and construction of a school-house and convenient use of the school;
provided, that the real estate so taken, otherwise than by the consent
of the owner or owners, shall not exceed one acre.”

In the case of H. D. Fisher v. District Township of Tipton, School
Law Decisions 1884, p. 163, it was held that the provisions of the act
authorizing boards of directors to “take and hold” land for a school-
house site, do not apply when the land has been obtained by pur-
chase.

Counsel for the appellee argues that the language of the statute,
viz.: the words “take and hold,” includes acquiring title by purchase
as well as by condemnation, and that section 1825 is the only provis-
ion of law we have authorizing school districts to purchase and own
school-house sites; and that the restriction that a school-house shall
not be placed nearer than forty rods to a dwelling, the owner object-
ing, applies no matter how the site is obtained.

We cannot concur in this opinion. A school district is a corporate
body—4 G. Greene, 428—the nature and powers of which are well
and clearly defined in the statute which created it.

If land, sufficient for a sshool-house site, is necessary to enable a
district to establish and maintain schools it needs no argument to es-
tablish their authority to purchase such land. 44 Iowa, 564; 69 Iowa,
533, That it was the intention of the law makers to confer this power
upon school districts is evident from the fact that in section 1717 the
electors were given the power to vote a tax for the purchase of
grounds, etc. And this law was enacted many years before the law
empowering boards of directors to “take and hold” school-house
sites.

Counsel for appellee will hardly insist that previous to the enact-
ment of the condemnation law, all school-house sites were acquired
and owned without authority of law.

There appears to be two ways by which school districts may ac-
quire title to land for school-house sites:

18
138 SCHOOL LAW DECISIONS.

 

D. A. Boyer et al. v. Independent District Number Two, Dutch Township.

 

The statute gives to every school district, as a general and cor-
porate power, the right to buy'land for school purposes, and when
land has been so purchased, the title or the fee is in the corporate
name of the district, and even though it ceases to be used for school
purposes, it remains the property of the school district until sold by
the board of directors, in obedience to the instructions of the electors.
They may sell to any one, and for any purpose whatever.

By condemnation by the board of directors, under section 1825 of
the Code.

The title to land acquired under this law is for school purposes
only. It eannot be sold atall. When the district ceases to use it for
school purposes, it reverts by operation of law to the owner of the
fee, etc. Section 1828, Code.

It appears that the fee to land obtained by condemnation is not in
the school district, but simply the right to hold it for school pur-
poses, while the fee remains in the original owner, and may be con-
veyed subject to the title of the district.

Sites obtained by purchase never revert, and the district so pur-
chasing owns the fee and may transfer it, as has been said, to any
person and for any purpose.

It is clear to us that the four restrictions or limitations, viz.:

That the real estate “so taken” shall not exceed one acre,

That the site must be on a public highway,

That the site must be forty rods from the residence, etc.,

That the site must not be in any orchard, garden or public park,

Apply only to sites obtained by condemnation, under sections 1825-
1828; inclusive, and that they do not apply to sites obtained by pur-
chase.

The reasons for this position are fully set forth in Fisher v. Dis-
trict Township of Tipton, to which reference is had.

We are unable to discover any violation of law, or abuse of discre-
tion, which would warrant us in setting aside the order of the board.

REVERSED.
: J. W. AKERS,
Superintendent of Public Instruction.
November 18, 1887.
SCHOOL LAW DECISIONS. 139

 

Jacob Deck et al. v. District Township of Eden.

 

Jacos Drck ¢ al. v. District TownsuHip or EpEN.
Appeal From Decatur County.

1. SUBDISTRICT BOUNDARIES. Change of. A case involving a change
of subdistrict boundaries, having been adjudicated by the county su-
perintendent, reversing the action of the board, and being affirmed by
the superintendent of public instruction, cannot again be brought upon
appeal, unless it can be shown that some change materially affecting
the conditions of the case has taken place since the date of the former
decision.

2.$ ——- ————— A subdistrict long established, embracing a
territory having a sufficient number of scholars to maintain a good
school, should not be abolished, unless the general school facilities of
the township will be improved thereby.

On the 19th day of September, 1887, the board of directors of the
district township of Eden, voted to abolish subdistrict number eight.
Jacob Deck and others appealed to the county superintendent, who,
on the 5th day of December, rendered a decision reversing the action
of the township board.

The directors of said district township appeal to the superintend-
ent of public instruction.

The counsel for the directors urged in their written argument that
the county superintendent should be required to send up to this de”
partment all the evidence taken in the trial before her.

It was certainly the duty of the county superintendent to send up
all the evidence upon which she based her decision. In the absence
of any proof to the contrary,.the presumption is that the transcript
furnished by her contains all the testimony on file in her office.
There is no proof offered that she has not complied with the law in
all respects.

On the 26th day of December, 1885, the county superintendent ren-
dered a decision reversing the action of the board, in abolishing sub-
district number eight. As no material changes have taken place
since then, in the condition of the township, does that former decis-
ion act as a bar to any further proceedings in this case? We think
not.

The principle enunciated here is undoubtedly correct.
140 SCHOOL LAW DECISIONS.

 

Jacob Deck et al. v. District Township of Eden.

 

A case involving a change of subdistrict boundaries, having been
adjudicated by the county superintendent, reversing the action of the
board, and being affirmed by the superintendent of public instruc-
tion, cannot again be brought upon appeal, unless it can be shown
that some change materially affecting the conditions of the case has
taken place since the date of the former decision.

In this case, however, the decision of the county superintendent
cannot act as a bar to further proceedings, because the district board
did not take an appeal to the superintendent of public instruction.

Such proceedings cannot be considered as final until they have
been affirmed by the superintendent of public instruction.

It is urged that the county superintendent erred in taking into~
consideration the distance whith many of the pupils must travel in
order to reach their school, if the action of the township board abol-
ishing subdistrict number eight, is affirmed.

The law does not contemplate that one and one-half miles is in all
cases an unreasonable distance. It depends largely upon the age of
the pupil and upon the condition of the roads. In the case before us
a natural obstacle, the Little Turkey river, must be taken into con-
sideration.

The opening of additional roads and the construction of a bridge
would simplify matters somewhat, but no steps have been taken to
accomplish this. Until this is done, to abolish the school in number
eight would impose an undue hardship upon a large number of pu-
pils. .

What are the conditions of the school as at present constituted ?

The report of the secretary of the district township of Eden, put
in evidence, shows that the school in number eight will average with
other subdistricts in the number of pupils enrolled; it is above the
average in daily attendance, and below the average in cost of tuition.

The board fail to show that reduced numbers render it expedient
to abolish this subdistrict; nor do they show that the township is ex-
cessively taxed to support their schools. ,

This department has already ruled that subdistrict lines, which
have been long established, embracing a territory having a sufficient
number of pupils to maintain a good school, should not be disturbed,
unless it can be proved that the general school facilities of the town,
ship will be improved by the change.
SCHOOL LAW DECISIONS. “141

 

J.S. Folsom et al. v. District Township of Center.

 

The board do not show that there is any general benefit to be ex-
pected from the proposed change of boundaries, nor do they prove
that any existing necessity makes it desirable.

The board undoubtedly intended to act fairly toward all; but we
think they failed to properly consider all the circumstances involved
in their action.

The decision of the county superintendent is therefore

AFFIRMED.
HENRY SABIN,
Superintendent of Public Instruction.
March 16, 1888.

J. 8. Fousom e¢ al. v. District TowNnsHip oF CENTER.

Appeal from Cedar County.

1. REHEARING. To warrant a rehearing, some valid reason must be urged.

2. SCHOOL-HOUSE SITE: Felocation of. When it is the evident intention of
the board to relocate the site as near as possible in the center ot the
subdistrict, in order to furnish equal school facilities to all the residents,
their action should not be materially interfered with.

The transcript in this case shows that on the 21st day of March,
1887, at a meeting of the board, a committee was appointed to inves-
tigate the needs of subdistrict number two, and report at the meeting
in September. It further shows that on the 19th day of September,
1887, such committee reported, recommending that the new house be
built for said subdistrict, to be located at the center of the district.
The report was received and the committee discharged. The report
was also upon motion laid upon the table.

On the 19th of March, 1888, at a meeting of the directors the above
report was finally adopted, and a building committee was appointed
to confer with the county superintendent in regard to plans and spec-
ifications. From this decision of the board Folsom e¢¢ al. appealed to
the county superintendent, and the case was heard at Tipton, on the
9th day of April, 1888. The records in the county superintendent’s
office show that the appellee consented to the filing of an amendment
142 SCHOOL LAW DECISIONS.

 

J.S. Folsom et al. v. District Township of Center.

 

to the affidavit by appellant, and that the appellee filed a motion to
modify the decision of the board, and the trial then proceeded. On
' the 11th day of April the county superintendent filed a decision re-
versing the action of the board. On the 17th day of April, 1888, a
motion was filed for a rehearing, within the time given by the county
superintendent. On the 19th day of April, 1888, the motion for a
rehearing was argued before the county superintendent and overruled.

From the decision of the county superintendent the board appealed
to the superintendent of public instruction, and the whole case came
up on a hearing before him on the 5th day of June, 1888.

The first question to be decided is, did the county superintendent
err in overruling the motion for a rehearing. A rehearing of such a
case can be granted only when it can be shown that some injustice
has been done, or some mistake has been made which can be cor-
rected by a new trial; or when some additional evidence has been dis-
covered which is in favor of the party applying, but which could not
have been presented before by reasonable diligence. The affidavit
upon which the motion for a rehearing was based failed to show any
such reasons.

All the main points alleged therein had already been ruled upon
by the county superintendent, and we think she did not commit any
error in overruling the motion. This also disposes of all the testi-
mony sent up in support of the motion for a rehearing; these affida-
vits will not be taken into account in the final decision of the case.

It is not necessary here to determine the legal residence of William
Busier. His own testimony is that the distance from his residence
to the site selected by the board is one and one-fourth miles. The
fact that Mrs. Morgan does not desire to send to school is not mate-
rial. It is not the individual but the residence that is to be consid.
ered. Some other person living at the same place may hereafter
desire school privileges.

We are now free to approach the main question upon which issue
is joined. The testimony shows that the directors desired to relocate
the school-house in subdistrict number two in a more central loca-
tion; no other reason is assigned for the contemplated removal.
There is nothing which shows that the present site is unsuitable, ex-
cept that it does not well accommodate the pupils from the northern
SCHOOL LAW DECISIONS. 143

 

J. 8. Folsom et al. v. District Township of Center.

 

part of the district. In this determination to relocate the site near
the center, there is no evidence of any abuse of discretion on the
part of the directors, and we think their action should not be inter-
fered with.

There is, however, evidence which shows that the exact acre which
the committee staked out, is not a desirable site for a building.

The board themselves acknowledge this in their amended order by
which the site is removed ten rods farther north.

The county superintendent, in her decision, locates the site upon a
piece of ground known as the “grave-yard site.” It is urged that the
county superintendent has only appellate jurisdiction, and must,
therefore, confine her decision to the two sites upon which the parties
joined issue. She seems to have entertained some such idea, as she
sustained a motion to rule out all evidence in regard to the unsuita-
bleness of the grave-yard site when such evidence was offered on the
original trial.

We think she erred, and that such evidence should have been ad-
mitted.

In April, 1866, the Hon. O. Faville, then superintendent of public
instruction, obtained this opinion from Hon.,F. E. Bissell, then at-
torney general, upon this point: “The case does not come before
him (the county superintendent), merely to correct an error of the
board of directors, but to hear and decide the same matter that the
board had decided. The county superintendent is not limited to an
affirmance or reversal of the action of the board, but he determines
the same question that the board determined.” See also, John Clark v.
District Township of Wayne, page 47, School Law Decisions, 1876.

To this opinion the decisions of this department have always con-
formed. The county superintendent, therefore, did not go beyond
her jurisdiction in selecting a site different from any which had been
considered by the board.

We cannot see, however, that the grave-yard site has any advan-
tage over the old site. It is irregular in shape, and is about as far
north of the center of the subdistrict as the present site is south.

In fact, its selection as a site for the new building defeats the very
end which the directors had in view in their action locating the site
in the center of the subdistrict.
144 SCHOOL LAW DECISIONS.

 

J. 8. Folsom et al. v. District Township of Center.

 

The case is remanded to the board of directors of Center township,
with instructions not to build upon the site selected by the commit-
tee, but to select the best site possible within a distance not more
than forty rods from the center of the site staked out by the com-
mittee; the south corner of said site, however, to be at least fifteen
rods north of the south corner of the committee’s site; said site also
to contain not less than an acre, and to be as nearly square in form as
the circumstances will admit.

The decision of the county superintendent is
REVERSED.

HENRY SABIN,
Superintendent of Public Instruction.
June 7, 1888.
INDEX TO APPEAL CASES.

AFFIDAVIT— . abe
The affidavit may be amended when such action is not prejudicial
to the rights of any party interested........... 0.0000 cere renee 39
An affidavit is a etatement in writing, signed and made upon oath
before an authorized magistrate........ 1alaavetianeetiois ee han GE eee 41
The lack of an affidavit is sufficient ground to refuse a hearing ... 107
APPEAL—

An appeal will not lie from an order of a board initiating a change
in the boundaries of the district township, where the concur-
rence of the board of an adjoining district township is necessary
to effect the cChange..............6 5 cece ccc ee cece ee ene eneecneee

The right of appeal is not limited to cases of personal grievance..

Where changes are effected in district boundaries by the concur-
rent action of two boards, appeal may be taken from the order
of the board concurring or refusing to concur, but not from the
order of the board taking action first.............. 0c. e sees neeee

Appeal may be taken from an action of the board which authorizes
the making of a contract, but not from a subsequent action or
order complying with the terms of a contract previously made;
nor from an action authorizing the issuance of an order in pay-
ment of a debt contracted by previous action of the board......

A case whose sole purpose is to determine the validity of an order
on the district treasury, or the equity of a claim, cannot be en-
tertained on appeal to the county superintendent; the courts of
law alone can furnish an adequate remedy......................

Appeal will not be entertained from the action of the board in re-
scinding a previous illegal action................: cece eee en cae

The execution by the board of the vote of the electors upon mat-
ters within their control, is mandatory; from such action of the
board no appeal can be taken. If such action is tainted with
fraud, an application to a court of law is the proper remedy...

19

35

65

65

67

78
146 INDEX.

* PAGE
APPEAL—CONTINUED—

The right of appeal is confined to persons injuriously affected. by
the decision or order complained of. Ordinarily a person living
in one subdistrict cannot properly appeal from an action of the
board locating a site in another.............. ce ec ee ee cece eeeee - 80
The adoption of the committee’s report in favor of retaining the
old school-house site, is an action from which appeal may be

taken......... sri bL ac sth Gi@sefhs 5 ac 8 O° iS sats BRASS: via B OCS HOSTED Ip ois slo dh one Heovona pnaceLa 82
Appeal may be taken from the action of the board in laying the
subject-matter of a petition on the table... ........... cc eee eee 85

When an adequate remedy. From the exercise of ordinary discretion
in the performance of an official duty, enjoined by law upon the
board, appeal may be taken to the county superintendent; but
from a refusal to act, or from an action thereon clearly designed
to defeat the purpose of the law, an application to the courts of
law to compel the performance of the enjoined duty will afford
the most speedy, and in some cases the only adequate remedy... 88
May be taken by any resident elector of the district, aggrieved by

actionsof the boards sss esis sees sede sen Gcatiwacary a awe oo de sss e545 111
ARBITRATION—
If the county superintendent is asked to arbitrate no appeal will
N@isdvassacececese ss Seay e wemwewemenwens acviers sacseGaearayesees 107

BOARD OF DIRECTORS--
The board should be sustained in all legitimate and reasonable
measures, to maintain order and discipline, to uphold the right-
ful authority of the teacher, and to prevent or suppress insubor-
dination in the school.... .........scseeecee ceeeseersces vaste 69
Have authority. The board have authority to determine when, and
upon what terms, non-resident pupils may attend the schools of
tVOIP GIS GLI CEs &.2)y:.5. asters esheets Sicievoie cusses arcleadecends ragnarok Waos eee ke 75
The board, though not bound by a vote of the electors directing
the precise location of a school-house site, are required to so lo-

cate it as to accommodate the people for whom designed........ 78
If, in the selection of a site, the board violate law or abuse their
discretionary power, their action may be reversed on appeal.... 78

The action of the board cannot be reversed upon the allegations
of appellant without proof, or by reason of failure of the board
TOvMAKe COLONSC 5.5 oc cides ayer g ent ase a sed Giese e sissatewe arene Goedutelaweleion 82
The acts of the board are presumed to be regular, legal, and just,
and should be affirmed on appeal, unless proof is brought to
show the Contrary: .2ss2cieaecee cs 4s seks van awaiexaarcmoadeenes 82
Discretionary acts of. The weight which properly attaches to the
discretionary actions of a tribunal vested with original jurisdic-
tion, does not apply to the decisions of an inferior appellate
tribunal. ss oss ss s0cceve verges eeaee bs beet tt she biditemese edauines 82
INDEX. 147

PAGE

BOARD OF DIRECTORS—ConTINUED—
The acts of the board are presumed to be regular, legal and just;
and should be affirmed on appeal, unless proof is brought to
SHOW ENE iCONUTATY i ayes cis wee aie 6 20ie in wie eter mie re spas onnias haced g/¥inie'e'e Bia's 90
Discretionary power of. In the absence of proof that the board have
abused the authority given them by the law, their orders will
not be set aside, although another decision might to many seem

PLOLETADIS s .55): sine es tec aeeee n F5 oe ee na CF ae awa welencONGe Sure ewes 135
BOUNDARIES-- |
Must conform to congressional divisions of land.................. 111

CERTIFICATE, TEACHER’S8—
Revocation of. The order of a county superintendent revoking a cer-
tificate will not be interfered with on appeal, unless it appears
that he acted from passion or prejudice............... eee e eee ee 29
A teacher’s certificate can be legally revoked only upon proof of
charges of which he has had personal notice, and agaiust which

he has had the opportunity to make his defense.... ............ 62
A person addicted to the use of intoxicating liquors, who even oc-
casionally becomes intoxicated, is not likely to promote correct
moral teaching in the public schools by his example, nor to
possess such moral character as to entitle him to a teacher’s

GOrtifiCatO:s.s cst seee wadineewasieas § oie ves assetaddisesiacees ses 62

A certificate which has aspired by limitation cannot be revoked.. 102
Revocation of. The inability to govern is sufficient reason for with-

holding a certificate and for the revocation of the same......... 102
CHARGES—
Must be clearly sustained by the evidence .................050.00e 120
CLAIMS—
Just claims against the district can be enforced only in the courts
OF LAW secs vise wa bean eeiiaerans 20 Sass eletioy ueeateaaiies au aces Kae oa 60

“ CONDITIONAL RULING—
A county superintendent may make a conditional ruling, by
which his own decision is governed.... .......... Bid cise sta acarcroue exe 98
CONTESTED ELECTION—
Jurisdiction. The proper method of determining a contested elec-
tion for school director is by an action brought in the district

COUR 6s eG 8S oa oe oe ERE eee ROMER Seeds Bed wenden cau nee 61
CONTRACTS—
Contracts for the erection of school-houses, made by a subdirector
or committee, require the approval of the board ...... ........ 60
The district township is bound by the contract of the subdirector
when made according to instructions of the board.............. 64

If a subdirector enter into a contract on behalf of the district,
without authority of the board, he does so at his own risk; such
contract is not binding upon the district unless approved by the
148 INDEX.

COUNTY SUPERINTENDENT— saa
Jurisdiction of. The superintendent’s jurisdiction on appeal is not
greater than that of the board from whose action the appeal is
CARON 30a dios a ayaa dic'ae istecate: nigusad saeco nnacereiiddiwinslaces Nuevo reaie-s Oreses 24
Discretionary acts. The county superintendent having only appel-
late jurisdiction, should not reverse discretionary acts of the
board, without explicit and clearly stated proof of the abuse of
such discretion, even though not fully approving their action... 35
The county superintendent may upon appeal create subdistrict... 39
The county superintendent has no jurisdiction of ‘an appeal until
an affidavit is filed .......... ccc cccc eee cesececeeeerecenencreenes 41
Should not reverse an action of the board which is in accordance
with instructions of the superintendent of public instruction... 43
At the hearing of an appeal before the county superintendent it is
competent for him, upon his own motion, to call additional wit-

nesses to give testimony ........... Fick casas dca ncujagavsvanse ber staua acsrmccticeecs 46
The county superintendent has no jurisdiction of cases involving

MONEY OMAN 6 oc. cdseeieencaw se eeurnie a vase. Hele e auitaucesaianier dia wees 57
The county superintendent may, for sufficient cause, grant a re-

TROBE GS ose Sa sesaven tis thay oedin aya ech Sv gteasey en Be crcxese Bhar yosnns osayeveloves oe aca ouccntosais 73
The county superintendent may reconsider and modify a decision

on proof that it does not conform to law... ........ gimataaseayna Sie 84

Jurisdiction of. The county superintendent is not limited to a re-
versal or affirmance of the action of the board,-but he determines
the same questions which they had determined................. 98
* The county superintendent should not ask the state superintend-
ent to decide a case on appeal for him, but may ask for an inter-
pretation of law, either by the state superintendent or through

him, by the attormey general.........005 2. see ce cece nese wereee 110
The county superintendent has no jurisdiction to determine the
validity of district organization..... .......ccc esse cece er eeeneee 115.
DISCRETION—

Abuse of. Is not established by evidence showing that a different
action on the part of the board would have been preferred by
ClOCLOLS 5c ev sais 4s divs Ve cs ¥ eeaans ts VaER TOS eR REN Gara a Odes GaN es € 115

DISCRETIONARY ACTS—
The county superintendent having only appellate jurisdiction,
should not reverse discretionary acts of the board, without ex-
plicit and clearly stated proof of the abuse of such discretion,

even though not fully approving their action ..............0006. 35
Discretionary acts may be reversed 3n appeal, but should not be
disturbed except upon evidence of unjust exercise or abuse.... 41

Since the board have original jurisdiction, their discretionary acts
should not be interfered with by an appellate tribunal, although
not agreeing with their judgment, unless they violated law,
showed prejudice or malice, or abused their discretion in such a
manner as to require interference................ececceecesenees 100
INDEX. 149

PAGE
DISCRETIONARY ACTS—ConTINUED—

In the absence of proof that the board abused the authority given
them by the law, their orders will not be set aside, although

another decision might to many seem preferable ....... ....... 135
DISTRICT—
Validity of Organization. The county superintendent has no juris-
diction to determine the validity of district organization ...... 115
DISTRICT TOWNSHIP— :
Should not ordinarily contain more than nine subdistricts........ 43
ELECTION—

Evidence of. The certificate of the officers of the annual subdistrict
meeting is the legal evidence of election as subdirector, and as a
general rule the board are justified in declining to recognize a
person as a member of the board until he produces such certifi-
CALS 5 i snes spike siete veweleeeee: Gita d Vols oad be deN@xeweRe IEEE Gases 51

Contested. The proper method of determining a contested election
for school director, is by an action brought in the district court. 51

EVIDENCE—

Parol. Cannot be received in the absence of allegations of fraud, to

contradict or impeach the validity of school district records.... 46
Where the law requires the evidence of a transaction to be in
writing, oral evidence can be substituted for it only when the

writing cannot be produced ......- 62... sce e cece en csccusecceees 51
Sufficient latitude should be allowed in the introduction of testi-
mony to permit a full presentation of the issues involved, even

if irrelevant testimony is occasionally admitted ................ 85
New. New evidence can be introduced only when the facts materi-
ally affecting the case could not have been known before the

GHIA eiciietets dere sunie omen neaealsaaa live aelle daw ¥ Geis tow ees cena oe 93
To establish malice or prejudice on the part of the board, positive
evidence must be introduced.............. cee cece ee cececeeeene 110

EXPLANATORY NOTES—
Force of. Notes to the school law, while proper aids to school offi-
cers, have not the binding force of law, and a non-compliance
with them is not necessarily a violation of law.................. 33

EXPULSION—
Suspension or expulsion. Suspension or expulsion of a scholar in an
independent district requires the action of the board by a major-
ity, and the concurrence of the president............... #2 ese 103

‘ HIGHWAY—
Since the law requires a school-house site to be located on a public
, highway, such public highway must be fully established by law
before the location can be made.............0. cece cece coat ences 96
150 INDEX.

PAGE

JANITORIAL SERVICES—
If a teacher serves as janitor in sweeping ‘the room and building
fires, he should be paid from the contingent fund for such ser-

JURISDICTION—
The superintendent’s jurisdiction on appeal is not greater than that
of the board from whose action the appeal is taken.............
The county superintendent has no semen of an appeal until
ADs AMGAVIE TS TOT cise tia wiciereiecs sieve cceraeseiy te ais Preray wanda 's ean eiwiaatels’s
An application for an appeal filed within thirty days from the act
of the board complained of, will not give the county superin-
tendent jurisdiction of the case. The appeal must be taken by
affidavit.......... $5 iter epieen capa ee oaldden wales Oss ley eoaseeuaee
The county superintendent has no jurisdiction of cases involving
@ money demand ...........cseeeceeeeees Deidshieae cuewakacees ate
In cases involving the validity of district organization no appeal
will lie. The remedy is a writ in the nature of quo warranto....
The county superintendent has no jurisdiction to determine the
validity of district organization .............. ccc cece cece eneneees

LOCATION—
Of school-house site. May be within less than forty rods, when ob-
tained! DY PUTCHASG isis sce sieicie's sists ele ee 8b ado ena sean a sien nataun ares
When purchased, the provisions of section 1825 do not apply. The
district stands in the same relation to the public and to individ-
uals, in this respect,as do other corporations, and may pur-
chase and convey real estate accordingly................:eeeceee

NEW EVIDENCE—
New evidence car be introduced only when the facts materially
affecting the case could not have been known before the trial..

NOTICE—

The county superintendent should not issue notice of final hearing
until both the affidavit and transcript of the district secretary
have been filed im his Off1C0.......... 0. cece cece es ceencceeeeenene

The want of notice is waived by the voluntary appearance of the
party for any purpose connected with the case.................

OPINIONS—
Unsupported by facts, cannot be received as satisfactory evidence
of prejudice. ..............005 Svbestey oTavblasest’ on Gitaiuaia iets suuene Gawieea

PRIVILEGES—
School privileges are determined by the residence of the child .

PROCEEDINGS—
In the absence of proof to the contrary, the legal presumption is
that the proceedings before the county superintendent were en-
tirely Teg War. oc die sge choke tate anaes seue von einen: See we

106

24

41

57

91

115

123

135

93

41

29

+. 118
INDEX. 151

PAGE

' PUNISHMENT—

The punishment of a pupil with undue severity, or with an im-
proper instrument is unwarrantable, and may serve,in some
degree, to indicate the animus of the teacher....................

Right to inflict upon pupils. The right of the parent to restrain and
coerce obedience in children applies equally to the teacher, or to
any one Who acts in loco parentis. 60... c cece cece cece tere neces

The use of the rod is allowable as a last resort....................

QUO WARRANTO—
In cases involving the validity of district organization no appeal
will lie. The remedy is a writ in the nature of quo warranto....
The only proper means of affirming the right to exercise the privi-
lege of an office, or to contest the illegal exercise of the same, is
set forth in sections 3345-3352, Code of 1873 ...................4-

RECORDS—

Defective. May be amended ............ 2 cece cece cece eee ceeentaee
The board may at any time amend the record of the district, when
necessary to correct mistakes or supply omissions; and may,
upon proper showing, be compelled, by mandamus, to make such
COLTOCHONS wiiiivs ices cc dee cieey Seastnes MANETs rh is csad ves ead
The record of the secretary must be considered as evidence, unless
there is proof of fraud or falsehood .... ........... cece cece eee ee
The record of the secretary should be considered as evidence, and
not be invalidated by parol evidence unless there is proof of
fraud Or falsehood, io:sasisie coscnee sand sie seacs-edaceisve seed aelde ned We elale ws
Impeachment of. Parol evidence cannot be admitted in impeach-
ment of a record if made and certified to by the proper officers

AS TEQuired DY 1aW 2% woicwececeninses vetniie dg canes vex 9d BERRY
Not so made and certified to is defective and may be impeached
by collateral evidence............... cece ee cee enee  ceceeecees

REHEARING—
The county superintendent may, for sufficient cause, grant a re-
TRO ALINE oe: ccie's.: Agersewiewisisiew oercigt annie ait oe pee atnnen eae aetn ae 6 4 aps
To warrant a rehearing, some valid reason must be urged ........

REMANDING OF CASES—
When evidence discloses that the action of the board was an un-
wise one, and the facts are not sufficiently shown to determine
what should be done, the case should be remanded to the board.

REVOCATION OF TEACHER’S CERTIFICATE—

The order of a county superintendent revoking a certificate will
not be interfered with on appeal, unless it appears that he acted
from passion or prejudice ....... .. 66.0. ceceeeeccee cecaccecene

Opinions unsupported by facts cannot be received as satisfactory
evidence Of PrejUdICe: x ssid vncweinee een erer dae 0s she® ceased vee

68

69

91

95

21

46

103

108

120

73
141

93
152 INDEX.

PAGE

REVOCATION OF TEACHER'S CERTIFICATE—ContTINUED—
A teacher’s certificate can be legally revoked only upon proof of
charges of which he has had personal notice, and against which
he has had the opportunity to make his defense............... i
A person addicted to the use of intoxicating liquors who even oc-
casionally becomes intoxicated is not likely to promote correct
moral teaching in the public schools by his example, nor to pos-
sess such moral character as to entitle him to a teacher’s certifi-

A certificate which has expived by limitation cannot be revoked. .

RULES AND REGULATIONS—

The power to prescribe rules and regulations for the government
of the board is not a function of the electors. A rule adopted
by the board, and not a provision of law, may be modified at the
option:of the DOA iss icieicscececiwias tees tetas aes aoc dea dee eee eae

Boards of directors and their agents, the teachers, may establish
reasonable rules for the government of schools and the control
OE PU PIS ils sista ccs capnvsis oxstnis:assennse ead cre ic pee cranardaoea means acon araae eles rivers

The teacher has the right to require a pupil to answer questions
which tend to elicit facts concerning his conduct in school......

The pupil is answerable for acts which tend to produce merriment
in the school or to degrade the teacher.............ssccceeceus «

Open violation of the rules of the school cannot be shielded frou
investigation under the plea that it invades the rights of con-
SCION CO gis shee senwgeed weeks Moiese sees aes Lane vane ae teats

In establishing and enforcing regulations for the government of
scholars, the board have a large discretion..............2....60-

SCHOOLS—
Every person between the ages of five and twenty-one years has
the right to attend school in the district in which he resides, re-
gardless to considerations relating to race, nationality, the hold-

ing of property, or the payment of taxes .... ...........ceeee0-
The payment of school taxes does not entitle non-residents to
SChOOl *privilO@ew sic.ciuss'svseeaiaca es avvgss soa ms eroreneranrnes & as

‘The board have authority to determine when, and upon what
terms, non-resident pupils may attend the schools of their dis-

SCHOOL FUNDS—

Disbursement of. The treasurer is the proper custodian of all funds
belonging to the district, and can legally pay them out only upon
orders specifying the fund on which they are drawn and the
specific use to which they are applied. The board cannot author-
ize the subdirector to use the public funds for any purpose .....

SCHOOL-HOUSE—

Power of the board to build. If in their judgment the wants of a
subdistrict require, the board are empowered to erect a school-
house without action on the part of the electors of the subdis-

62

62

102

69

69

69

75

15

75 \

60
INDEX. 153

SCHOOL-HOUSE—ConTiInvED— ann
Removal of. A vote of the electors of a subdistrict to remove a
school-house, will not compel the board to act affirmatively in

relation: thereto... 2069. senses weal bveewsae sade s, 24 bee eeeeees 53
Removal of. The removal of an old house away from the geograph-
ical center and away from the center of population, without
special and strong reasons therefor, is an abuse of the discre-

tionary power of the board...........-. ccc cece sess cece cevecee » 138

SCHOOL-HOUSE SITE—
The board though not bound by a vote of the electors directing
the precise location of a school-house site, are required to so

locate it as to accommodate the people for whom designed...... 78
If in the selection of a site, the board violate law or abuse their
discretionary power their action may be reversed on appeal.... 78

Location of. The action of a committee appointed by the board to
locate a site is of no force until officially adopted by the board
Whil6:iN! BOSSION: scan aeesceactealtete sei eA wal s4el ae aaawieleetee 80

Subdistrict boundaries cannot be changed upon an appeal relating
solely to the location of a site, nor cana site be located with the
expectation that boundaries will be changed, unless such is
shown to be the intention of the board........ ........ cece eee 80

A site located by the county superintendent cannot be changed by
the board, while the condition of the district remains without
MALTA] CHANGE aici acess visssle sy wists oes die sir epaceleieressig' 6 odes eee Se dae ieee 84

The prospective wants of a subdistrict may properly have weight
in determining the selection of a site, when such selection be-
comes necessary; but not in securing the removal of a school-
house, conveniently located for the present ..................4. 90

To make a distinction between the children of freeholders and
those of tenants in determining the proper location for a school-
house, is contrary to the spirit and intent of our laws.......... 90

Location of. The necessities of the present must be observed in lo-
cating school-house sites, in preference to the probabilities of
GHGs FUCUTC isis ceecaceccid da GiareS ood craerese aitie We Vamermiacapy be-Betree Alga xdeaterena 93

Location of. The location of a school-house can be dependent upon
a change of boundaries, only when it is shown in evidence that

it is the intention to make such change .............,....ccceees 98
The choice of a school-house site by the electors has no binding
LOTCO erase doe delbe ag Red Seiets wetaes ee eo ee ee Cee 100

A school-house site fixed by county or state superintendent affirm-
ing the discretionary act of the board, allows the board to exer-
eise their discretion again, especially if material changes have

OCCUTTOG iiss sits snisievnseiescises cgi eaesuk he Gieweaieee meta ss Mele ie 104
Proper location of school-house sites depends upon the form of dis-
tTICtS cise s Pedevieees Sieas iin: coaes seas anaes UaaanNelities e508 111

20
154 INDEX.

PAGE

SCHOOL-HOUSE SITE—ContTINUED—

A vote of the electors to select the precise location of a school-
house is not mandatory on the board..........-..........5 Senee TG

Location of. Must be selected with reference to convenience of the
POOP Oicaiinces v5 eve tame wisiele: ews Mes eine OR aersidulses ede a Seetatae lil

When purchased by board, not subject to the provisions of section
VSD. i ceseasss cine: 8 4/o1erd Sines ¥ See bin aw ana deste ayalgra are, bayats area en @aeye 128

Location of. The condition of matters within the subdistrict should

govern the location of the house. The attendance of parties

from an adjoining subdistrict should not determine change of

Location of. A village in a subdistrict has special claims favoring
the selection of a site within its limits. The element of dis-
tance to be traveled by some is largely overcome by the advan-
tages of a location in the town........... cece eee e cee c ens oeeeees 132

Location of. When purchased, the provisions of section 1825 do
not apply. The district stands in the same relation to the pub-
lic and to individuals, in this respect, as do other corporations,
and may purchase and convey real estate accordingly........... 135

Relocation of. When it the evident intention of the board to relo-
cate the site as near as possible in the center of the subdistrict
in orner to furnish equal school facilities to all the residents,
their action should not be materially interfered with ........... 141

SCHOOL-HOUSE TAX—

Where it has been the uniform custom to apportion the school-
house tax among the several subdistricts, the board are not gov-
erned by a vote of the electors instructing them to:levy the tax
directly upon the property of a subdistrict......-......cceseeee. 25

All taxes voted by the district township meeting must be appor:
tioned among the subdistricts. All taxes voted by the subdis-
trict meeting which the district township neglects or refuses to
grant, must be certified and levied upon the subdistrict. The
board have no option but to obey the requirements of the law.. 72

SCHOOL ORDERS—
When improperly issued by the board the proper remedy is an in-

junction from the Civil COUTtS.......... 6. cee c cece ere eee en enees 57
SCHOOL PRIVILEGES—
Are determined by the residence of the child.................. o-- 118
SUBDISTRICTS—

Size of. Itis better to have large subdistricts with good school-
houses well furnished, than smal] subdistricts with small and

poorly furnished school-houses............ceseecscecscerereceece 17
Sizeof. There are serious objections to the formation of small sub-
GISUTICUB 5 asihstecas ta aie sas sea diate Meth Saha a SR ae Ge eememeennoae 43

The practice of cutting district townships into numerous subdis-
tricts of small size, is detrimental to the educational progress of
the state, and will not be sustained on appeal............see00- 55
INDEX. 1 56

PAGE

SUBDISTRICTS—ConTINUED—
A subdistrict is not a corporate body, and has no control of any
public fund .......cc eeccscccrecreesseenscavenecreees aid Sas w Sais sane 60
Other things being equal, both ‘anion and school population
should be about equally divided among the subdistricts of a dis-
trict COWNSHIP. wesaniiwis ao es Waie's 34s Feces Sci ¥ goiole-« wacerelcngieis sialay ola 76
One subdistrict should not ordinarily have an excess over the aver-
age subdistrict of the district township both in territory and
school population, nor should it lack in both.................... 76
Form of. It is very important that subdistricts should be regular
in form, and where it is possible, school-houses should be lo-
cated at or near geographical centers....... ..........0.  seseee 127
‘The board may not redistrict so as to abolish a subdistrict, with
intent to prevent the building of a house provided for by the
LS CEOLS! ised wiasaiess esecare siecoue ssoreiars: aiernidis aahioe dials, Wwleresanue SeGle desea gs 129

SUBDISTRICT BOUNDARIES—
Change of. In changing subdistrict boundaries, both the present
and the future welfare of the district should be considered..... 17
Change of. The county superintendent may, on appeal, redistrict.
A refusal by the board to act upon a petition to redistrict is an
act from which an appeal Will lie........... cc cee ence eee eee 26
Change of. The acts of a board changing subdistrict boundaries and
locating school-houses are so far discretionary that they should
be affirmed on appeal, unless it is shown that there has been an
abuse of discretion................0. ce ccceeeeecscccceue cusses 35
Change of. At the hearing of an appeal before the county superin-
tendent, it is competent for him, upon his own motion, to call

additional witnesses to give testimony...............c0cee0 cree 46
Subdistrict boundaries can be changed only by affirmative vote of

a majority of all the members of the board...................00- 67
The boundaries of subdistricts must conform to the lines of con-

gressional divisions Of land.............0.eccseee coccceeseverees 11

Change of. A subdistrict long established, embracing a territory
having a sufficient number of scholars to maintain a good school,
should not be abolished, unless the general school facilities of
the township will be improved thereby...................e0cee. 139

Change of. A case involving a change of subdistrict boundaries,
having been adjudicated by the county superintendent, revers-
ing the action of the board, and being affirmed by the superin-
tendent of public instruction, cannot again be brought upon
appeal, unless it can be shown that some change materially af-
fecting the conditions of the case has taken place since the date
of the former decision...........cce cece cece cece eecevcee seve aes 139
156 , INDEX.

PAGE
SUPERINTENDENT—
The superintendent’s jurisdiction on appeal is not greater than
that of the board from whose action the appeal is taken...... ws 24

The county superintendent, having only appellate jurisdiction,

' should not reverse discretionary acts of the board, without ex-
plicit and clearly stated proof of the abuse of such discretion,

even though not fully approving their action..................8.

The county superintendent should not reverse an action of the
board which is in accordance with instructions of the superin-
tendent of public instruction. ............ cc cece cee ee ee eceeerees

SUSPENSION OR EXPULSION—
Suspension or expulsion of a scholar in an independent district re-
quires the action of the board by a majority, and the concurrence
of the president............ 0. cece e cere eees ONes cape ease uses eeewas

TAXES—

School-house. Where it has been the uniform custom to apportion the
school-house tax among the several subdistricts, the board are
not governed by a vote of the electors instructing them to levy
the tax directly upon the property of a subdistrict..............

Must be certified in accordance with vote of the electors..,.......
Must be certified, collected and expended, in accordance with vote
OL CHE: CLE CGOLE so:65i6.5 5iz:5 dciassissaeatese ascue aus alseecatiatand acet adedsc ce 65:00. 60:6 oats

TEACHERS—

Right of, to inflict punishment upon their pupils.. A school-master who
stands in loco parentis may, in proper cases, inflict moderate and
reasonable chastisement. The law confides to teachers a discre-
tionary power in the infliction of punishment upon their pupils,
and will not hold them responsible criminally, unless the punish-
ment be such as to occasion permanent injury to the child, or be
inflicted merely to gratify their own evil passions....... .......

When a teacher is dismissed, in violation of his contract, an action
in the courts of law, on the contract, will afford him a speedy
and adequate remedy; when discharged for incompetency, dere-
liction of duty,.or other cause affecting his qualifications asa
teacher, he has the right of appeal....... ..... see e cece eee ee eee

The teacher is entitled to the counsel and co-operation of the sub-
director and board in all matters pertaining to the conduct and
welfareiof the school.<< sec ceisecasannaseartess naees se avadse ce oes

The law provides that a teacher shall have a fair and impartial
trial, with sufficient notice to enable him to rebut the charges of
WiS ACCUSETS....... 0... .cee cee eee eee e es Naight eSaratisa Say ack fareiete Dieters

35

43

103

129

18

87

87

“
INDEX. 157

PAGE
TERRITOKY—

Transfer of. Where territory is to be transferred by concurrent ac-
tion of two boards to the district to which it geographically be-
longed, a majority of the members elect is not necessary, as
required for the change of subdistrict boundaries............... 108

TUITION—
Collection of tuition under section 1793 cannot be done by appeal
to the county superintendent, but must be settled through the