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 THE GIFT OF 
 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030605673 
 
Cornell University Library 
 LB2529 .A72 1905 
 
 olin 
 
 3 1924 030 605 673 
 
DIGEST OF LAWS RELATING 
 TO FREE SCHOOLS IN 
 THE STATE OF ARKANSAS 
 
 ■jli'liZtLO wu 
 
 ISSUED BY THE 
 
 DEPARTMENT OF PUBLIC INSTRUCTION 
 
 This book is the property of the State of Arkansas. The law 
 states that it may be furnished only to school ofSeers. When a 
 director retires from ofSee this book and all school records and reports 
 should be delivered to his successor in office. 
 
 1905. 
 
 CENTRAL PRINTING COMPANY, 
 
 Little Rockj Ark. 
 
Digest of School Laws. 
 
 I. SCHOOLS. 
 
 FKEB SCHOOLS — SUPPORT OF. 
 
 Section 7484. Intelligence and virtue being the 
 safeguards of liberty, and the bulwark of a free and 
 good government, the state shall ever maintain a gen- 
 eral, suitable and efficient system of free schools, 
 whereby all persons in the state, between tb^ age of 
 six and twenty-one years, may receive gratuitous in- 
 struction. 
 
 Sec. 7485. The general assembly shall provide, by 
 general laws, for the. support of common schools by 
 taxes, which shall never exceed in any one year two 
 mills on the dollar on the taxable property of the state ; 
 and by an annual per capita tax of one dollar, to be 
 assessed on every male inhabitant of this state over 
 the age of twenty-one years. Provided, The general 
 assembly may, by general law, authorize school dis- 
 tricts to levy, by a vote of the qualified electors of such 
 districts, a tax not to exceed five mUls on the dollar 
 in kny one year for school purposes. Provided, fur- 
 ther. That no such tax shall be appropriated to any 
 other purpose, nor to any other district, than that for 
 which it was levied. Art. XIV, Sees. 1 and 3, Const. 
 
 COMMON SCHOOL FUND. 
 
 Sec. 7486. The proceeds of all lands that have 
 been, or hereafter may be, granted by the United States 
 to this state, and not otherwise appropriated by the 
 United States or this state; also all moneys, stocks, 
 bonds, lands and other property now belonging to any 
 
 3 
 
DIGEST OF SCHOOL LAWS. 
 
 fund for purposes of education ; also the net proceeds 
 of all sales of lands and other property and effects 
 that may accrue to this state by escheat, or from sales 
 of estrays, or from unclaimed dividends, or distribu- 
 tive shares of the estates of deceased persons ; also any 
 proceeds of the sale of public lands which may have 
 been, or may be hereafter, paid over to the state ( Con- 
 gress consenting) ; also ten per cent of the net pro- 
 ceeds of the sales of all state lands, and it shall be the 
 duty of the state treasurer to set this ten per cent to 
 the credit of the common school fund when he receives 
 the proceeds of this sale from the state land com- 
 missioner; also all the grants, gifts or devises that have 
 been or hereafter may be made to this state, and not 
 otherwise appropriated by the tenure of the grant, gift 
 or devise, shall be securely invested and sacredly pre- 
 served as a public school fund that shall be desig- 
 nated as the "common school fund" of the state, and 
 which shall be the common property of the state, ex- 
 cept the proceeds arisiug from the sale or lease of the 
 sixteenth section. Act March 15, 1897. 
 
 No money or property belonging to the public, sehool fund, or to 
 this state, for the benefit of schools or universities, shall ever be 
 used for any other than for the respective purposes to which it belongs. 
 Art. XIV, Sec. 2, Constitution. 
 
 Sec. 7487. The county courts of the various 
 counties are authorized and empowered to place to the 
 credit of the common school fund of the county, any 
 and all school funds that may be in the county treasury, 
 derived from various sources, and about which there 
 is any doiibt as to their proper application with, the 
 county court, and said school funds, when so placed to 
 the credit of the common school fund, shall be, by said 
 county courts, apportioned among the school districts 
 of the county as is now provided by law. 
 
 Sec. 7488. The principal arising from the sale of 
 sixteenth section land shall never be apportioned or 
 used. 
 
 Sec. 7489. Should any of the funds mentioned in 
 this act arise from the sale of said sixteenth section of 
 land and there should be any doubt as to the townships 
 
 4 
 
DIGEST OF SCHOOL LAWS. 
 
 from whence it came, then such townships as have not 
 disposed of the sixteenth section of land, or may have 
 disposed of the same and have the jiroceeds placed to 
 their credit, shall not be entitled to any part of the 
 interest arising from said doubtful sixteenth section 
 fund. Act March 13, 1885, Sees. 1, 2. 
 
 Sec. 7490. The annual income from the said fund, 
 together with one dollar per capita to be annually 
 assessed on every male inhabitant over the age of 
 twenty-one years, and so much of the ordinary annual 
 revenues of the state as may hereafter be set apart by 
 law for such purposes, shall be faithfully appropriated 
 for maintaining a system of free common schools for 
 this state, and shall be appropriated to no other pur- 
 pose whatever. Act December 7, 1875, Sec. 2. 
 
 Sec. 7491. The state auditor shall, on requisition 
 from the state superintendent of public instruction, 
 draw warrants on the state treasurer for payment of 
 the several county treasurers of the school revenues due 
 their respective counties. 
 
 Sec. 7492. The per capita tax levied by the gen- 
 eral revenue laws of the state shall be collected by the 
 county collector at the same time and place that the 
 state taxes are collected, and be paid in the county 
 treasury on or before the first day of July of each 
 year, in the presence of the county court clerk, who 
 shall make a record of the same as a revenue for the 
 support of common schools. lb., Sees. 31, 82. 
 
 The penalty collected for the nonpayment of taxes on personal 
 property is to be paid into the county school fund. See Sec. 7069. 
 
 Sec. 7493. In payment of debts by executors and 
 administrators, the debts due the common school fund 
 shall have a preference over all other debts, except 
 funeral and other expenses attending the last sickness. 
 
 Sec. 7494. No justice of. the peace, constable, clerk 
 of a court or sheriff shall charge any cost in any suit 
 where the collector or any other officer sues for the 
 recovery of any money due to the common school fund, 
 if the plaintiff in such cause is unsuccessful. Act 
 January 11, 1853, Sees. 50 and 55. 
 
DIGEST OF SCHOOL LAWS. 
 COMMISSIONERS OF SCHOOL FUND. 
 
 Sec. 7495. The secretary of state, auditor and 
 state STipermtendent of public instruction shall consti- 
 tute a board of commissioners of the common school 
 fund, and shall meet annually at the office of said super- 
 intendent on the first Monday in September in each 
 year. Provided, The secretary of state may assem,ble 
 the members of said board any time at his discretion. 
 Act April 23, 1901. 
 
 Sec. 7496. The' secretary of state shall be presi- 
 dent of said board and shall sign the journal of each 
 day's proceedings. Act of December 7, 1875, Sees. 3, 4, 
 as amended by act of April 10, 1893. 
 
 Sec. 7497. The superintendent of public instruc- 
 tion shall act as secretary of the said board, and shall 
 keep a faithful, correct record of the proceedings, and 
 shall keep the said record open at all times for inspec- 
 tion. A copy of said record, certified by the secretary 
 of the board, shall be in all cases received as evidence 
 equal with the original. 
 
 Sec. 7498. The said board of school commissioners 
 shall have the management and investment of the com- 
 mon school fund belonging to the state, and shall from 
 time to time, as the same may accumulate, securely 
 invest the said funds in bonds of the United States or 
 the state of Arkansas. 
 
 Sec. 7499. All moneys required by law to be paid 
 into the treasury to the credit of the common school 
 fund may, if the same be not paid within thirty days 
 after they shall have become due and payable, be recov- 
 ered, with interest due thereon, by action in any court 
 having jurisdiction ; and such action shall be prosecuted 
 by the attorney general of the state, or by the prose- 
 cuting attorney of any judicial district within this state, 
 when directed by the said board. 
 
 Sec. 7500. All moneys belonging or owing to the 
 common school fund, as mentioned in Section 7486, or 
 accruing as revenues therefrom, together with the state 
 school tax, shall be paid directly into the state treasury 
 
 6 
 
DIGEST OF SCHOOL LAWS. 
 
 and shall not be paid out except on the warrant of the 
 auditor. Act December 7, 1875, Sees. 5, 8. 
 
 Sec. 7501. The state auditor shall be the account- 
 ant of said board, and shall, annually, on the first Mon- 
 day in October, transmit to the governor and to the 
 superintendent of public instruction a report of the con- 
 dition of the school fund on the first day of July last 
 preceding, with an abstract of the accounts thereof in 
 his office. 
 
 Sec. 7502. The auditor shall, under the direction 
 of the board of commissioners, draw warrants on the 
 state treasurer for the payment of all or any portion of 
 the common school fund belonging to the state, for the 
 purchase of bonds or other securities in which the same 
 is by law invested. 
 
 Sec. 7503. The state treasurer shall, by virtue of 
 such warrant, pay from the uninvested common school 
 fund the purchase money for said securities, and shall 
 receive and deposit the same in the state treasury for 
 safe^keepiag, and receipt to the president of the board 
 of commissioners for the kind and amount of such 
 securities. 
 
 Sec. 7504. The said board shall, at their annual 
 meeting, settle with the state treasurer all accounts 
 of the common school fund not before settled. lb., Sees. 
 9-12. 
 
 Sec. 923. No purely honorary degree or degrees 
 given to nonresident students or students taught by 
 correspondence shall be conferred by educational insti- 
 tutions in the state of Arkansas, and degrees for resi- 
 dent students shall be conferred only by institutions 
 chartered by the state board of education of this state. 
 All presidents or chief officers of institutions violating 
 this section shall be guilty of a misdemeanor and shall 
 be subject to a fine of not less than one hundred dollars 
 or more than one thousand dollars. Act March 20, 1903. 
 
DIGEST OF SCHOOL LAWS. 
 SUPERVISION OF PUBLIC SCHOOLS. 
 
 Sec. 7505. The supervision of public schools, and 
 the execution of the laws regulating the same, shall be 
 vested in and confided to such officers as may be pro- 
 vided for by the general assembly. Art. XIV, Sec. 4, 
 Const. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 Sec. 7506. At the next general election, and every 
 two years thereafter, there shall be elected a state 
 superintendent of public instruction, by the qualified 
 electors of this state, as state officers are now elected. 
 
 Sec. 7507. Before entering upon the duties of his 
 office, he shall take and subscribe t]ie oath prescribed 
 for officers by the constitution of this state, and shall 
 file such oath with the secretary of state. 
 
 Sec. 7508. The superintendent of public instruc- 
 tion shall be charged with the general superintendence 
 of the business relating to the free common schools of 
 this state. 
 
 Sec. 7509. He shall open at the seat of the state 
 government (at the expense of the state) a suitable 
 office, in which he shall keep all books, reports, docu- 
 ments and other papers pertaining to his department, 
 and where he shall be in attendance when not neces- 
 sarily absent on business, and have personal supervi- 
 sion of the business affairs of his office, and keep a clear 
 and correct record the'reof. 
 
 Sec. 7510 He shall furnish suitable 'questions for 
 the examination of teachers to the county examiner ; he 
 shall hold a teacher 's institute annually in each judicial 
 district of the state, to be called a normal district insti- 
 tute; he shall arrange the program exercises for each 
 of such institutes, and preside thereat. Provided, If 
 he should not be present, the teachers who may have 
 assembled may organize and hold such normal district 
 institute. 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7511. He sliall prepare and transmit to the 
 county examiners school registers, blank certificates, 
 reports and other printed blanks, together with other 
 suitable blanks, forms and printed instructions to be 
 forwarded to directors and other school officers, as may 
 be necessary to aid such officers in making their reports 
 and carrying into full effect the various provisions of 
 the school laws of this state. Act. December 7, 1875, 
 Sees. 13-16. 
 
 Sec. 7512. The superintendent of public instruc- 
 tion shall prepare a form of poll books to be used by 
 the directors of the various school districts of this state 
 at their annual elections as are now, or may hereafter 
 be provided by law, and have the same printed as other 
 blanks for school purposes ; and shall transmit the same 
 to the county examiner of each county for distribution 
 to school directors in the same manner as other school 
 blanks are now, or shalj. hereafter be, distributed. Act 
 March 2, 1877. 
 
 Sec. 7513. He shall exercise such supervision over 
 the school funds as to as.certain the amount and disposal 
 made of the same, their protection and safety when in- 
 vested or deposited, and recommend measures for their 
 security and preservation, and for rendering them most 
 productive of revenue ; shall enforce the strict applica- 
 tion of the schQol revenues to the legitimate purposes 
 for which they were intended, and shall, when directed 
 by the commissioners of the school fund, cause to be 
 ins1;ituted, in the name of the State of Arkansas, suits 
 or actions for the recovery of any portion of the said 
 funds of said revenues that may be squandered, illegally 
 applied or unsafely deposited. 
 
 Sec. 7514. He shall, on or before the first day of 
 November in each year, prepare and submit to the gov- 
 ernor of this state an annual report, in writing, showing 
 the number of persons between the ages of six and 
 twenty-one years residing in the state on the first day 
 of the preceding July ; the number of such persons in 
 each coimty; the number of each sex; the number of 
 white ; the number of colored ; the whole number of such 
 
 9 
 
DIGEST OF SCHOOL LAWS. 
 
 persons that attended the free common schools of the 
 state during the year ending the thirtieth day of the 
 last preceding June, and the number in each county 
 that attended during the period ; the number of whites 
 of each sex that attended and the number of colored of 
 each sex that attended the said schools ; tlie number of 
 common schools in the state ; the number of pupils that 
 studied each of the branches taught ; the average wages 
 paid teachers of each sex; the relative average wages 
 paid to male and female teachers respectively, accord- 
 ing to the different grades of their certificates; the 
 number of schoolhouses erected during the year; the 
 material and cost thereof; the number previously 
 erected, the material of which they were constructed, 
 their condition and value; the number with their 
 grounds enclosed ; the counties in which teachers ' insti- 
 tutes were held, and the number that attended the 
 institutes in each county. 
 
 Sec. 7515. He shall likewise report the amount of 
 permanent school fund belonging to. the state at the 
 close of the fiscal school year, and the amount of other 
 property apportioned to school purposes; the nature, 
 kind and amount of such investments made of the same ; 
 the safety and permanency of such investments; the 
 amount of revenue accruing from the school funds ; the 
 income received from the per capita assessments of 
 each county, and the amount derived from such assess- 
 ment in all the counties of the state ; the income derived 
 from all other sources, together with the amount de- 
 rived from each ; likewise in what sums, for what pur- 
 poses and in what manner the said school revenue shall 
 have been expended, and what amount of school moneys 
 of various kinds are in the various county treasuries 
 unexpended. 
 
 Sec. 7516. He shall include in his report such 
 plans as he may have matured for the improvement of 
 the common school system of this state ; for the accumu- 
 lation, the investment and the more judicious manage- 
 ment of the common school fund, and, when he may 
 deem it advisable, shall recommend measures for a 
 more economical and advantageous collection and ex- 
 
 10 
 
DIGESTOF SCHOOL LAWS. 
 
 penditure of the revenues accruing from the said fund ; 
 and whenever it comes to his knowledge that any of the 
 investments of the school funds are not safe, or that 
 any portion of the said fund is liahle to be lost, that it 
 is unproductive of revenue, or that any of the school 
 revenues have been diverted from their proper channel 
 or from the appropriate objects contemplated, he shall 
 report the facts to the governor and to the general 
 assembly, if in session. 
 
 Sec. 7517. He shall also append to his report a 
 statistical table, compiled from the materials trans- 
 mitted to his office by school officers, with proper sum- 
 maries, averages and totals given. 
 
 Sec. 7518- He shall present such a comparison of 
 results, and such an exhibit of his administration, and 
 of the operation of the common free school system, 
 together with such statements of the true condition of 
 the schools of the state, as shall distinctly show the 
 improvements and progress made from year to year in 
 the department of public instruction. 
 
 Sec. 7519. The annual reports of the state super- 
 intendent to the governor shall be transmitted by the 
 governor to the general assembly at the opening of the 
 session. 
 
 Sec. 7520. He shall have his reports to the gov- 
 ernor published as soon as practicable after they have 
 been made, and shall cause them to be distributed 
 among the various school officers of the state, to be kept 
 on file in their respective offices. 'Provided, He shall 
 not have more than five thousand copies of such reports 
 printed for any one year, the printing of such reports 
 to be let out as other contracts for printing. Act De- 
 cember 7, 1875, Sees. 16-23-. 
 
 Sec. 7521. He shall on the first Monday of Sep- 
 tember of each year, make a pro, rata apportionment 
 to the several counties of the state of the remaining 
 revenues in the state treasury available for distribution 
 for school purposes, on the basis of the number of per- 
 sons between the ages of six and twenty-one years, 
 
 11 
 
DIGEST OF SCHOOL' LAWS. 
 
 residing in said county, respectively, on the first day of 
 July previous ; and he shall publish a statement of the 
 same, and as early as practicable shall transmit a copy 
 thereof to each county examiner and to each of the 
 several treasurers in the state, and to each county clerk, 
 who shall submit the same to the county court at its 
 next term ; and he shall thereupon draw his requisition 
 on the state auditor in favor of the treasurers of the 
 several counties for such amount as the said counties 
 may be entitled to receive for the support of free com- 
 mon schools. Act April 23, 1901. 
 
 Sec. 7522. He shall, from time to time, publish in 
 convenient pamphlet form, and furnish each school 
 officer, the acts of the general assembly relating to 
 common schools, and the decisions of the' courts having 
 competent jurisdiction in relation to the school laws; 
 and he shall likewise, at the .request of any school 
 officer, render a decision relating to the intent, construc- 
 tion or administration of any portion of the school 
 laws on which decisions shall not have been published, 
 and he may, when he shall d^em it advisable to have the 
 opinion of the attorney general, require said opinion to 
 be in writing. 
 
 It is the duty of the superintendent of public instruction to 
 render decisions relating to the intent, construction, or administration 
 of any portion of the school laws. The attorney general is the legal 
 adviser of the superintendent and n6t of school officers. 
 
 Sec. 7523. He shall, for the purpose of ascertain- 
 ing the amounts, safety and preservation of the school 
 funds, have access to the auditor's books and papers, 
 with full power to use and inspect the same. 
 
 Sec. 7524. At the expiration of his term of office, 
 he shall deliver to his successor possession of his office, 
 together with all books, records, documents, papers and 
 other articles belonging or pertaining to his office. 
 
 Sec. 7525. He shall affix the seal of the depart- 
 ment of public instruction to all official communications 
 from his office. 
 
 Sec. 7526. Whenever a vacancy in the office of 
 superintendent, of public instruction shall occur, from 
 
 12 
 
DIGEST OF SCHOOL LAWS. 
 
 death, resignation or otherwise, the governor shall 
 appoint a person of suitable attainments to serve the 
 remainder of the unexpired term. ^5 modified by 
 Amendment No. 3 to Constitution. 
 
 Sec. 7527. Neither the state superintendent nor 
 county examiner shall act as agent for any author, 
 publisher, or bookseller, nor directly or indirectly 
 receive any gift, emolument, reward or promise of 
 reward for his influence in recommending or procuring 
 the use of any book, school apparatus or furniture of 
 any kind whatever, in any public school ; and any school 
 officer who shall violate the provisions of this section 
 shall be deemed guilty of a misdemeanor, and subject 
 to removal from office. Act December 7, 1875, Sees. 
 25-30. 
 
 Sec. 7528. The state superintendent of public in- 
 struction shall have power to grant state certificates, 
 which shall be valid for life, unless revoked, to any per- 
 son in the state who shall pass a thorough examination 
 in all those branches required for granting county cer- 
 tificates; and, also, in algebra and geometry, physics, 
 rhetoric, mental philosophy, history, Latin, the consti- 
 tutions of the United States and of the state of Arkan- 
 sas, natural history and theory and art of teaching. 
 
 state licenses are not granted to inexperienced teachers. Appli- 
 cants for the same must present satisfactory evidence of having taught 
 successfully at least twenty months. 
 
 State licenses are granted, under the law, only on approved exam- 
 inations, conducted by the state superintendent. 
 
 While the law is silent as to the scope of the examination, naming 
 the subjects only, the following outline will give an idea as to the 
 requirements : 
 
 Algebra, f Botany, \ 
 
 Natural History, i Zoology, Such matter as is comprehended in the 
 [ Geology, )■ average high school text-books on 
 Physics, these subjects. 
 
 General History, 
 
 Latin — Grammar and Composition; first four books of Caesar; 
 first two books of Virgil; first two orations of Cicero against Catiline, 
 and his essay De Senectute — or equivalent readings. 
 
 Geometry — Plane geometry, and first two books of solid geometry, 
 including exercises. 
 
 Rhetoric — With special reference to the essentials of English 
 composition. 
 
 13 
 
DIGEST or SCHOOL LAWS. 
 
 Constitution of the United States and of Arkansas — Embracing a 
 study of the origin, subject-matter, and civic relations under the same. 
 
 MentS ^kitphy,''"''''""'}^^ ''''''''''' ^" ^°'''' ""^ *'^^^ ^^'^^'^*^- 
 Note. — Holders of first grade certificates may not be examined on 
 the common school branches. An average of 80 per cent will be re- 
 quired on all subjects. Below 70 per cent on any subject will be con- 
 sidered a failure thereon. 
 
 Sec. 7529. The state superintendent of public in- 
 struction is authorized to grant a professional license, 
 good in any county of the state for a period of six 
 years, to those who take a satisfactory examination on 
 the studies required for a first grade license, and in 
 addition thereto, an approved examination on the fol- 
 lowing subjects: Algebra, plane geometry, general 
 history, rhetoric and civil government. Examination 
 for this grade of license shall be held annually at at 
 least two convenient points in the state. All applicants 
 for this grade of license shall be required to pay a fee 
 of $5.00 into the state treasury. 
 
 Sec. 7530. Examinations for state license shall 
 be held annually at the same time and place as the 
 examinations for professional license. All appiicanta 
 for state license shall present a certificate showing 
 that they have paid the sum of $10.00 into the state 
 treasury. The fees obtained from the applicants for 
 professional and state license shall be used for defray- 
 ing the expenses incurred in holding the examinations, 
 and the remainder thereof shall constitute an institute 
 and a library fund for the office of the department of 
 public instruction, and upon requisitions of the state 
 superintendent, the state auditor shall draw warrants 
 upon moneys to the credit of this fund in the state 
 treasury. 
 
 Sec. 7531. He shall prepare, for the benefit of the 
 common schools of the state, a list of such text-books 
 on orthography, reading in English, mental and written 
 arithmetic, penmanship, English grammar, modern 
 geography and history of the United States as are best 
 adapted to the wants of the learner, and as have been 
 prepared with reference to the most philosophical 
 
 14 
 
DIGEST OF SCHOOL LAWS. 
 
 methods of teaching those branches, and shall recom- 
 mend the said text-books to teachers and to directors 
 throughout the state. 
 
 This section is virtually repealed by the county uniformity law. " 
 
 Sec. 7532. That the state superintendent of pub- 
 lic instruction is hereby directed and authorized to 
 prepare and have printed for distribution to the vari- 
 ous counties of the state, within four months after the 
 passage of this act, a graded course of study to be used 
 in the common school districts of this state, said course 
 of study to embrace only the subjects required by law 
 to be taught in said common schools, and to indicate 
 the amount of work to be done during each year of the 
 course. It shall be the duty of the school directors to 
 see that the course of study is followed in each of their 
 schools, as far as it is practicable to do so; provided, 
 that the state superintendent shall not designate or 
 indicate any text-book to be used in the schools, nor 
 shall any teacher adopt or use any text-books other 
 than those adopted for use in the district. 
 
 Sec. 7533. He shall procure and adopt a seal for 
 his office, and furnish an impression and description of 
 said seal to the secretary of state, to be preserved in his 
 office. 
 
 Sec. 7534. A copy of any paper or document de- 
 posited or filed iu the office of the superintendent of 
 public instruction shall, when authenticated by the said 
 seal, be evidence equal, to all intents and purposes, with 
 the original. 
 
 Sec. 7535. The said superintendent shall prepare 
 apjpropriate forms for three several grades of certifi- 
 cates to be issued to teachers by the county examiners. 
 He shall prepare suitable school registers, in which 
 teachers, at the close of the school term, are to make 
 their reports to the trustees of the name and age of 
 each pupil, the date of each pupil's entrance, the sepa- 
 rate days on which each attended school, the studies 
 eaeh pursued, the total attendance; and shall likewise 
 
 15 
 
DIGEST OF SCHOOL LAWS. 
 
 prepare suitable forms for the reports of directors and 
 county examiners. Act December 7, 1875, Sees. 33-37. 
 
 This register must be kept by each public school teacher according 
 tp the forms prescribed, before any charge can be made for services. 
 
 SCHOOL DISTKICTS. 
 
 Sec. 7540. When a change is proposed in any 
 school district, notice shall be given by the parties 
 proposing the change, by putting up hand bills in four 
 or more conspiciious places in each district to be af- 
 fected, one of said notices to be placed on the public 
 school building ih each affected district. All of sa,id 
 notices to be posted thirty days before the convening 
 of the court to which they propose to present their pe- 
 tition; said notices shall give a geographical descrip- 
 tion of the proposed change. Act of April 2, 1891. 
 
 Sec. 7541. Each school district shall be a body 
 corporate, by the name and style of "School District 
 
 No. — , of the county of ;" and'by such name may 
 
 contract and be contracted with, sue and be sued, in 
 any of the courts of this state having competent juris- 
 diction. 
 
 Sec. 7542. Every district shall hold in the cor- 
 porate name of the district the title of lands and other 
 property which may be acquired by said district for 
 school district purposes. Act December 7, 1875, Sec. 53, 
 
 School districts are not liable for trespass committed by their 
 officers. School District No. U v. Williams, 38 Ark., 454. See 
 School District v. Bodenhamer, 43 Ark., 140: School District v. Eeeve, 
 56 Ark., 68. " • 
 
 Mandamus can only be used after judgment against a school 
 district to force the payment of debt. School District v. Bodenhamer, 
 43 Ark., 140. 
 
 School property is not subject to the tax, and suit therefor, for 
 local improvements of a public nature. Board v. School District, 56 
 Ark., 354. 
 
 Deed conveying land to people of school district is sufficient. 
 Morris v. School Distric,t, 63 Ark., 149". 
 
 District may sue for trespass. lb., May employ attorneys. State 
 V. Aven, 70 Ark., 291. 
 
 Sec. 7543. No new school district shall be formed 
 having less than thirty-five persons of scholastic age 
 
 16 
 
DIGEST OP SCHOOL LAWS. 
 
 residing within the territory included in such new dis- 
 trict, and no district now formed, shall by the f ormiation 
 of a new district or transfer be reduced to less than 
 thirty-five persons of scholastic age. Act April 8, 
 1887, Sec. 2. See Sec. 7639. 
 
 Sec. 7544. The county court shall have the right 
 to form new school districts or change the boundaries 
 thereof, upon, a petition of a majority of all the electors 
 residing upon the territory of the districts to be 
 divided. 
 
 This section contemplates a petition by a majority, of the electors 
 of all the districts combined, and not a majority of the electors of 
 each district separately. Hudspeth v. Wallis, 54 Ark., 134. 
 
 An admission th^t district was duly organized is conclusive as to 
 its legal formation. Evins v. Batchelor, 61 Ark., 121. See School 
 District v. School District, 63 Ark., 543. 
 
 Sec. 7545. Such territory shall have the requisite 
 number of children or property to comply with the now 
 existing law in such case. 
 
 Sec. 7546. In the formation of new school dis- 
 tricts that part of territory taken off from the old dis- 
 trict or districts, shall be held liable for a proportion- 
 ate part of the indebtedness of the former district or 
 districts at the time of the making of said new district. 
 
 Sec. 7547. In case there be a surplus fund on hand 
 at the time of the formation of said district, it shall be 
 entitled to a proportionate part of said fund, the same 
 to be ascertained and determined by the county court 
 of the county in which said new district may be created, 
 as in the judgment of said court may be considered 
 right and proper. Act April 8, 1887, Sec. 3. 
 
 See Evins v. Batchelor, 61 Ark., 521; District No. 15 v. District 
 of Waldron, 63 Ark., 443. 
 
 DISSOLUTION or. 
 
 Sec. 7548. The county courts of this state shall 
 have power to dissolve any school district now estab\ 
 lished, or which may hereafter be established in its 
 county, and attach the territory thereof in whole or in 
 
 17 
 
DIGEST OF SCHOOL LAWS. 
 
 part to an adjoining district or districts, -whenever a 
 majority of the electors residing in such district shall 
 petition the court so to do. 
 
 Sec. 7549. When such dissolution is proposed, 
 notice shall be given by those proposing the same by 
 posters in four public places in. the district. Said 
 notices to be posted thirty days before the meeting of 
 the term of the court at which such petition is proposed 
 to be presented. 
 
 Sec. 7550. Whenever, under this act, any district 
 shall be abolished, any indebtedness due by it, or funds 
 on hand to its credit shall be proportioned by the court 
 among the districts to which its territory has been 
 attached, according to the value of the territory each 
 received, of which action of dissolution and distribu- 
 tion of indebtedness or funds, as the case may be, the 
 clerk of the court shall give due notice to directors of 
 each district affected, showing the territory attached 
 to their district, and amount of indebtedness adjudged 
 against it, or funds credited to it, as the case may be. 
 
 Sec. 7551. The directors of the district dissolved, 
 upon receipt of notice of clerk, shall transmit, without 
 delay, all of the records of said district to the county 
 examiner of the county for preservation in his office. 
 
 APPORTIONMENT OF SCHOOL FUNDS. 
 
 Sec. 7552. The county court, immediately on re- 
 ceiving notice of the distributive share of school reve- 
 nue apportioned by the state superintendent to each 
 county, shall proceed to apportion to the several school 
 districts of the county, in proportion to the number of 
 persons between the ages of six and twenty-one years 
 residing within the school districts, respectively, on 
 the first Monday of July previous, the said school reve- 
 nue apportioned to the county, and shall forward to the 
 county treasurer, and to each of the directors of each 
 ,dist'rict, a statement of such apportionment carefully 
 distinguishing the sources from which the school reve- 
 nues so apportioned are derived, and the amount due 
 each school district in the county from each separate 
 
 18 
 
DIGEST OF SCHOOL LAWS. 
 
 -source, and shall see that the revenues from the public 
 school fund are invariably paid to the county and to 
 the school districts strictly in accordance with the ap- 
 portionment made to them. 
 
 Apportionment may be compelled by mandamus, and the parents 
 of children of scholastic age are proper parties to petition therefor. 
 Maddox v. Neal, 45 Ark., 121. 
 
 In the case of J. C. Merritt et al. v. J. H. Merritt, County Judge, 
 appealed from Arkansas county, the supreme court, in May, 1891, held: 
 
 "It was the duty of appellant, as county judge, on receiving 
 notice of the amount apportioned to the county, to proceed to appro- 
 priate the same to the several districts upon whose enumeration the 
 superintendent made the apportionment. The duty was absolute, and 
 in its performance the county judge had no discretion. There is no 
 reason why a district should be kept out of its funds, for any length of 
 time, on account of county lines, and it is the duty of the county judge 
 to prevent it. If he fails to do his duty, its performance should be 
 coerced." 
 
 This case clearly establishes the following principles: 
 
 1. The county judge must apportion common school funds upon 
 the enumeration of the apportionment as made by the superintendent 
 and upon no other. He has no right to change the enumeration and 
 apportionment. He simply appropriates to each district the amount 
 apportioned by the state superintendent. 
 
 2. This must be done without delay and despite changes in 
 county lines. 
 
 3. Duties are absolute and contain no element of discretion. 
 This principle applies to 6very school officer and teacher. 
 
 The amount of the per capita tax collected in the county should 
 be apportioned to the district in proportion to their educable children. 
 
 Sec. 7553. Whenever a new district shall have 
 been formed and organized, the court shall, at the next 
 apportionment made thereafter, apportion to the new 
 district, school revenues in proportion to the number 
 of persons between the ages of six and twenty-one 
 years reported by the directors of the new district. 
 Provided always, The number of persons between the 
 ages of six and twenty-one years reported in any year 
 by the district electors of each county shall be taken as 
 the quota of that county, and the number reported from 
 each school district shall be taken as the quota of that 
 district, and the only basis on which an apportionment 
 of the school revenue shall be made is to be the number 
 of persons so reported each year by the district 
 directors. Act December 7, 1875, Sees. 40, 41. 
 
 19 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7554. The county examiners of the several 
 counties shall, annually, on or before the tenth day of 
 August, transmit, verified by affidavit, to the county 
 clerks of their respective counties, a written report, 
 showing the number of persons between the ages of six 
 and twenty-one years residing in each school district 
 in their respective counties, as shown by the reports 
 of the district directors made for the same year to 
 the county examiners, as is now required by law. Act 
 April 23, 1901. 
 
 Sec. 7555. The county clerks shall, during the 
 first terms of their respective county courts held after 
 the reception of the reports provided for in the pre- 
 ceding section, lay such . reports before such county 
 courts, to be used as a guide in making the apportion- 
 ment of the general school fund to the various school 
 districts. Act March 23, 1891. 
 
 Sec. 7556. Any county which, by a change of 
 county lines, or by the formation of a new county or 
 counties, shall fail to receive the school funds which 
 justly should be apportioned to it, from the fact of its 
 school population being reckoned with that of the 
 county or counties to which the said funds may be 
 apportioned,- shall be reimbursed for the loss thus in- 
 curred. Said loss shall be corrected in the first appor- 
 tionment of the school revenue thereafter., Provided, 
 If such correction be not made in the first apportion- 
 ment thereafter, it may be made in the second. 
 
 Sec. 7557. The amounts refunded according .to 
 the provisions of Section 7556 shall be deducted from 
 the funds apportioned to the counties which were the 
 original recipients of the erroneously apportioned rev- 
 enues. 
 
 Mandamus will lie to compel apportionment as herein provided. 
 Merritt v. School District, 54 Ark., 468. 
 
 Sec. 7558. Upon the presentation of the certifi- 
 cate of the superintendent of public instruction of the 
 amount or amounts due any county, by the provisions 
 of this act, to the auditor, he shall draw his warrant on 
 
 20 
 
DIGEST OF SCHOOL LAWS. 
 
 the state treasurer for said amount or amounts in favor 
 of the treasurer of said county for the benefit of the 
 school fund and in compliance with Section 7553. Act 
 March 6, 1877. 
 
 COUNTY EXAMINEES. 
 
 Sec. 7559. The county court of each county shall, 
 at the first term thereof after each general election, 
 appoint in each county, ,not divided into two judicial 
 districts, one county examiner, and in each county 
 divided into two judicial districts may appoint one 
 county examiner for each district, such examiner to be 
 of high moral character and scholastic attainments. As 
 amended by act March 7, 1893. 
 
 Sec. 7560. Any appointment heretofore made by 
 the county courts for the districts of such counties as 
 are mentioned in the preceding section in which an 
 examiner has been appointed for each district are • 
 hereby declared to be legal and valid appointments. 
 Act March 20, 1883, Sec. 2. 
 
 The examiner must have the qualifications of an elector. He is 
 an ofB.cer of the state — being a part of the executive department of 
 the state. A woman may not be appointed to this position. 
 
 The law authorizes, but does not require, the appointment of two 
 examiners in counties having two jiidicial districts. 
 
 Sec. 7561. Before entering upon the duties of that 
 office, the county examiner sliall take and subscribe the 
 oath prescribed for officers by the constitution of this 
 state, and file such oath in the office of the county clerk. 
 Act March 7, 1875, Sec. 43. 
 
 Sec. 7562. AH county examiners shall be re- 
 quired, before entering upon the duties of their office, 
 to stand the same examination as is required of the 
 teachers who receive first grade licenses. 
 
 Sec. 7563. , No one shall fill the offices of county 
 examiner and school director at the same time. 
 
 Sec. 7564. The clerk of the county court in each 
 county shall notify the superintendent of public in- 
 
 21 
 
DIGEST OF SCHOOL LAWS. 
 
 stniction of the appointment of the county examiner 
 in his county immediately upon his appointment, to- 
 gether with his name and address. 
 
 Sec. 7565. The superintendent of public instruc- 
 tion shall either attend in person or appoint some one 
 duly qualified to examine such person appointed as 
 county examiner, as to his qualifications, using the 
 same questions as are then being used in the examina- 
 tion of teachers applying for first grade license. 
 
 Sec. 7566. All county examiners shall be paid 
 such salary each year as may be fixed by the county 
 judge of the county for which he was appointed, out of 
 the school fund of such county. Provided, Such salary 
 shall not be greater than the amount received by the 
 county treasurer from the tax imposed in the following 
 section. 
 
 The intention of the statute was to fix the salary of the examiner 
 . at an amount equal to the amount paid in by the applicants for 
 certificates, and it was not intended to reduce the salaries already 
 paid these officers. 
 
 The salary of the county examiner cannot be paid in county scrip. 
 The law expressly says that it shall be paid out of the common 
 school fund of the county. 
 
 Sec. 7567. No county examiner shall examine any 
 one applying to him for license as a teacher until he 
 shall present a receipt from the county treasurer for 
 two dollars paid by him to such treasurer to go to the 
 credit of the county school fund. Act March 7, 1893. 
 
 The examiner's fee must be paid to the county treasurer and not 
 to the examiner. Any fee greater than two dollars is illegal. This 
 fee is the same for either public or private examination and is to be 
 paid for the examination and not for the certificate. It should be 
 paid to the county treasurer and a receipt taken before the examina- 
 tion begins. 
 
 Sec. 7568. It shall be the duty of such examiner 
 to examine and license teachers of common schools. 
 He shall hold on the third Thursday and Friday follow- 
 ing of March, June, September and December, at the 
 hours designated by the state superintendent of public 
 instruction, at the county seat of each county, in a 
 suitable room to be provided by the county court, and 
 
 22 
 
DIGEST OF SCHOOL LAWS. 
 
 using the questions prepared by the department of 
 public instruction, a public examination for that pur- 
 pose. The questions shall be mailed by the superin- 
 tendent of public instruction, under seal, and shall not 
 be opened until the day of examination, and then in 
 the presence of the applicants for license. He shall 
 conduct all examinations in writing and shall grant no 
 certificate of qualification, except in accordance with 
 the provisions of the law respecting teachers' certifi- 
 cates. He shall grant private examinations only when 
 public necessity clearly demands it, and then only on 
 the written request of the directory of the district in 
 which the teachers propose to teach. The examination 
 papers of all persons licensed shall be graded and filed 
 in the county examiner's office, subject to the inspection 
 of the state superintendent of public instruction or any 
 school director of the county. The questions furnished 
 by the state superintendent shall be used only at the 
 time designated for public examinations. The stand- 
 ing of each applicant in each study must be indorsed 
 on the certificate issued only upon examination, other- 
 wise the certificate shall not be valid. 
 
 The examination must be quarterly and public. The dates fixed 
 for these quarterly examinations are the third Thursday and Friday 
 following of March, June, September, and December. The written 
 questions are furnished by the state superintendent and are uniform 
 throughout the state. The regulations as to grading of certificates are 
 furnished to each examiner with the questions. He is positively 
 forbidden to grant certificates without examination, or upon a partial 
 examination. He is not authorized to issue a license based upon a 
 diploma or upon a license issued in another county or state. 
 
 Examination papers are a part of the public documents of the 
 county examiner's ofSce. They are in no sense the property of the 
 teacher by whom they are prepared. Like all other public documents, 
 they are open to inspection by. anyone desiring to examine them, but 
 they must not be removed from the county examiner's ofS.ce. 
 
 The examiner is not required to grant a private examination or 
 one held at any other than the regular quarterly dates. Private 
 examinations should be granted only when public necessity demands. 
 When granted they should be conducted in the same manner and with 
 the same regulations and requirements as are the public quarterly 
 examinations. 
 
 Sec. 7571. All persons present and applying for 
 an examination, with the intention of teaching, the 
 examiner, if convinced that such persons are of good 
 
 23 
 
DIGEST OP SCHOOL LAWS. 
 
 moral character and are competent to teach success- 
 fully the foregoing branches, shall give such persons 
 certificates, ranking in grades to correspond with the 
 relative qualifications of the applicants, according to 
 the standard adopted. 
 
 Sec. 7572. He shall not license any person to 
 teach who is given to profanity, drunkenness, gambling, 
 licentiousness or other demoralizing vices, or who does 
 not believe in the existence of a supreme being; nor 
 shall he be required to grant private examinations. 
 
 The examiner must convince himself by evidence if the applicants 
 are not known to him, that they are of good moral character. He must 
 exclude every person who is given to profanity, drunkenness, gambling, 
 licentiousness, or other demoralizing vices. Such vices may be a 
 refusal to obey the law as to institute work or regular examination 
 work. A positive refusal upon the part of an applicant, or one 
 holding a license, to obey the school law should exclude him or take 
 from him his license. Obedience to law is the first mark of a true 
 teacher, and no one may claim privileges under it who refuses to obey 
 it. He should ascertain by direct question the belief of every person as 
 to the Supreme Being. The words "who is given to," mean either 
 "habitual" or "habitual when opportunities afford." It requires no 
 nice distinction to avoid extremes at this juncture. If the applicant 
 is given to these things so as to raise a question of doubt in the mind 
 of the examiner, the applicant should be excluded. The doubt must 
 be resolved in favor of the schools and not in favor of the applicants. 
 He must show a positive moral character, one emphatically marked 
 by the absence of these vices and cannot rely upon the ordinary pre- 
 sumptions of innocence. He must show himself clear or be excluded 
 from the state's schools. ' 
 
 Sec. 7573. He may cite to reexamine any person 
 holding a license and under contract to teach any free 
 school within his county, and on being satisfied by a 
 reexamination, or by other means, that such person 
 does not sustain a good moral character, or that he has 
 not sufficient learning and ability to render him a com- 
 petent teacher, he may, for these and other adequate 
 cauees, revoke the license of such person. 
 
 In the case of HufE v. Lee, 61 Ark., 494, the supreme court held 
 that the examiner Svas not personally liable for damages for the 
 revocation of a teacher's license, provided he acted in good faith 
 and without malice, and provided he gave the teacher due notice 
 and a fair hearing before revoking the license. 
 
 In the case of Maury v. School District, 53 Ark., 471, it was 
 held that the power given to the examiner to revoke the license of 
 a teacher does not exclude the right of a board of directors to ter- 
 minate a contract for immorality or incompetency. Only the ques- 
 
 24 
 
DIGEST OF SCH.OOL LAWS. 
 
 tion of revocation for these two causes was raised in this case, but 
 it may be inferred that other adequate causes would justify a board 
 of directors in terminating a contract, without waiting for a revo- 
 cation of license by the county examiner. In all such cases justice 
 demands that the teacher be given a proper hearing before final 
 action is taken. 
 
 Sec. 7574. In case of such revocation, he shall 
 immediately give notice thereof to such teacher and 
 the directors, and thereby terminate the contract be- 
 tween the said parties, but the wages of such teacher 
 shall be paid for the time he shall have actually taught 
 prior to the day on which he received notice of the 
 revocation of his license. Act April 14, 1893. 
 
 Sec. 7576. It is made the duty and especially im- 
 posed upon all persons teaching in the public schools 
 to teach and impart the instructions here provided for, ' 
 whenever practicable to do so, and a willful neglect or 
 failure to discharge the duties by this act imposed, shall 
 be deemed sufficient cause for the revocation of license 
 to teach. Act February 16, 1893. 
 
 Sec. 7577. There shall be three grades of cer- 
 tificates granted on the following conditions : Appli- 
 cants receiving a third grade license, which shall be 
 valid for six months, must pass an approved examina- 
 tion in spelling, reading, penmanship, English gram- 
 mar, arithmetic, geography and United States history ; 
 receiving a second grade license, and also in history 
 of ArkansaiS, physiology and theory and practice of 
 teaching ; receiving a first grade license, valid for two 
 years, an approved examination in the subjects re- 
 quired for a second grade license, and also in civil 
 government and elementary algebra. He shall also 
 be empowered, at the request of school boards desiring 
 the services of such teachers, and upon satisfactory 
 evidence" of qualifications, to grant special license to 
 teach subjects not enumerated above, valid for two 
 years, and good only with reference to the subjects 
 mentioned in said license. No person shall be granted 
 an .examination until he shall present a receipt from 
 the county treasurer for two (2) dollars, paid by him 
 to the said treasurer, which amount shall be placed to 
 
 25 
 
DIGEST OF SCHOOL LAWS. 
 
 the credit of the common school fund of the county. 
 Each teacher shall be authorized to teach only ,those 
 branches upon which he has passed an approved ex- 
 amination and which he has been licensed to teach. 
 
 Sec. 7578. He shall keep a record of the age, 
 name, sex, post-office address and nativity of each per- 
 son licensed by him to teach, and of the date and grade 
 of his certificate, and shall include such record in his 
 report to the state superintendent. 
 
 Sec. 7579. He shall encourage the inhabitants to 
 form and organize school districts, to establish public 
 schools therein, under qualified teachers, to furnish 
 suitable text-books for their children and to send them 
 •to school. He shall direct the attention of teachers 
 and school patrons to those methods of instruction that 
 will best promote mental and moral culture, and to the 
 most feasible and improved plan for building and ven- 
 tilating schoolhouses. He shall labor to create among 
 the people an interest in public schools, and shall take 
 advantage of public occasions, such as the dedication 
 of schoolhouses, public examinations and institutes, 
 to impress people with the importance of educating 
 every child, and consequently of the duty of maintain- 
 ing a system of free schools established by law. He 
 shall receive the reports of the directors, transmit an 
 abstract of the same to the state superintendent, and 
 transmit therewith a report of the condition and 
 prospects of the schools under his superintendence, 
 together with such other information and suggestions 
 as he may deem proper to communicate. 
 
 The best place for the performance of the chief part of these 
 duties is at the county institute. No man who cannot or will not 
 do the things required by this section should accept the office of 
 examiner. The interests of education in each county would be largely 
 advanced if examiners took advantage of all public occasions to do 
 their duty. The whole duty of an examiner is not to mark examina- 
 tion papers and draw the fees therefor. Neither are these duties 
 to be separated from the duties of examination and classed as ' ' re- 
 quirements without compensation. ' ' The whole duties of the office 
 must be taken together and the total fees collected are to be coijsid- 
 ered as full payment for the full performance of all duties. 
 
 26 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7580. He shall, annually, on or before the 
 tenth. of August, prepare in tabular form an abstract 
 of the reports made to him by the directors of the 
 school districts embraced within his county, showing 
 the number of organized districts in his county at the 
 commencement of the year, on the first day of July 
 preceding, the districts that have made their annual 
 reports, the number of persons in each district between 
 the ages of six and twenty-one years, distinguishing 
 the sex and also the color of said persons ; the number 
 of said persons that attended school during the year; 
 the average number of males and females of each 
 color in daily attendance ; and the number that pursued 
 each of the studies designated to be taught in the com- 
 mon schools; the number of teachers of each sex em- 
 ployed in his county ; the average wages paid per month 
 to the teachers of each sex, according to the grade of 
 their certificate; the whole amount paid as teachers' 
 wages in his county ; the number of pupils that studied 
 in. his county, and the several branches taught; the 
 number of schoolhouses erected during the year in his 
 county, material and the cost of the same ; the number 
 before erected, the material used in their construction, 
 their condition and value; the grounds of how many 
 inclosed; the amount of money raised by tax in each 
 district, for what purpose raised; the amounts that 
 have been expended, and for what purpose ; the amount 
 of revenue received by his county from the common 
 school fund and received for the support of the schools 
 from each of all other sources ; for what purposes and 
 in what sums the said revenues were expended, and 
 what amounts unexpended were, at the close of the 
 school year, in the county treasury; and shall report 
 also the number of deaf mutes, blind and insane in each 
 school district in his county, under thirty years of age, 
 their names and their post offices. 
 
 Sec. 7581. He shall number the several school 
 districts in his county in regular order- from number 
 one upward, and shall keep in his office a record and 
 description of each district, with the boundaries clearly 
 
 27 
 
DIGEST OF SCHOOL LAWS. 
 
 defined, and also a record of such changes or altera- 
 tions in the boundaries of each as shall from time to 
 time be made. 
 
 Sec. 7582. He shall have the power to appoint 
 some suitable person to hold teachers ' institutes and 
 examine teachers in his county in case of his inability 
 to attend such institutes and examinations. Act 
 December 7, 1875, Sees. 45-52. 
 
 Sec. 7583. If any county examiner shall be found 
 incompetent, or shall be frequently neglectful of his 
 duty, upon satisfactory proof, the county judge shall 
 remove him from office and shall immediately appoint 
 his successor. Act March 11, 1881, Sec. 7. 
 
 Sec. 7584. If any county examiner shall neglect, 
 fail or refuse to perform any of the duties required of 
 him in Section 7580, and shall not forward the abstract 
 mentioned in said section to the superintendent of pub- 
 lic instruction on or before the tenth day of August of 
 each year, he shall forfeit to the county the sum of 
 twenty-five dollars, to be recovered as provided by law, 
 together with all cost, and be paid into the county 
 treasury. As amended by act of April 23, 1901. 
 
 Sec. 7585. Each county examiner shall make out 
 and present to the county court of his county, at its 
 first term after the thirtieth of June in each year, an 
 account for expenditures for postage, county district 
 i;ecords, or a school district map of the districts of his 
 county, and or freight or express charges for the trans- 
 mission of blanks or such other expenditures as he may 
 have actually and unavoidably incurred, and the county 
 court may allow the same in , any sum not exceeding 
 twenty-five dollars in any one year, including ten dol- 
 lars for his report to the superintendent of public 
 instruction. 
 
 Sec. 7586. When the county court shall have al- 
 lowed the account of the county examiner as provided 
 in the preceding section, the county clerk shall issue a 
 warrant upon the treasnrer for said claim, and upon 
 presentation of said warrant to the county treasurer, 
 
 28 
 
DIGEST OF SCHOOL "LAWS. 
 
 he shall pay the same out of the common school funds 
 in his hands belonging to the county and not yet ap- 
 propriated to the several school districts. Act March 
 2, 1887, Sees. 2-3. 
 
 Sec. 7587. When a pupil has completed the course 
 prescribed above and passed a satisfactory examina- 
 tion the teacher and directors shall certify the same to 
 the county examiner, and thereupon he shall furnish to 
 said pupil a certificate to be supplied by the state 
 superintendent and countersigned by the county ex- 
 aminer and teacher of said pupil. 
 
 A Bill for an Act to be Entitled 
 
 An Act to Improve the Character of Teaching in the 
 
 State of Arkansas. 
 Be it enacted by the Qeneral Assembly of the State of 
 
 Arkansas: 
 
 Section 1. It shall be the duty of the county ex- 
 aminers of the various counties of the state of Arkan- 
 sas, to hold one or more teachers' institutes for white 
 teachers and one for negroes of not less than one week 
 within the month of Jime in each year ; Provided, That 
 if there are less than eight teachers of either race in 
 any county, the county examiner may arrange the insti- 
 tute as may seem best to him. 
 
 Sec. 2. It shall be the duty of the state superin- 
 tendent of public instruction to outline the work to be 
 done at these institutes in the common branches, and 
 all of the time of the said institutes, except one day, 
 shall be devoted to class work in the branches of read- 
 ing, writing, arithmetic, orthography, grammar, geog- 
 raphy, history of the IJnited States and the state of 
 Arkansas, theory and practice and physiology. 
 
 Sec. 3. It shall be the duty of the state superin- 
 tendent of public instruction to furnish said county 
 examiner with all the necessary blanks to secure from 
 the teachers in attendance at said institute, all informa- 
 tion now required by law as to enrollment, attendance, 
 
 29 
 
DIGEST OF SCHOOL LAWS. 
 
 number in each branch taught, and all other items 
 except enumeration report, which shall be furnished by 
 the directors as now required by law, and the financial 
 statement, which shall be furnished by the various 
 county treasurers. 
 
 Sec. 4. It shall be the duty of all teachers hold- 
 ing license to teach in the public schools of the state of 
 Arkansas, to attend said institutes and to do the work 
 outlined by the superintendent of public instruction 
 and to furnish the information required by Section 3 of 
 this act. 
 
 Sec. 5. The county examiner upon finding that 
 the teachers in attendance are entitled to the grade of 
 license they hold, shall indorse the same and said in- 
 dorsement shall have the effect of extending said li- 
 cense from the time of its expiration for the time for 
 which it was originally issued ; Provided, Said teacher 
 shall have complied with the provisions of the act, and, 
 provided, further, that no third grade license shall be 
 indorsed more than once and no second grade license 
 shall be indorsed more than twice, and that said indorse- 
 ment may be made even though the original license 
 were issued in some other county in the state, for 
 which indorsement and extension the same fee shall be 
 paid as for the original examination. 
 
 Sec. 6. It shall be the duty of those holding state 
 license to attend said institutes and assist the county 
 examiner in conducting the same, and said license shall 
 be indorsed as county license, and if the same be not 
 indorsed for five consecutive years, it shall be null and 
 void. 
 
 Sec. 7. The state superintendent of public instruc- 
 tion is hereby authorized and empowered to revoke the 
 license of any county examiner who fails or neglects to 
 comply with the provisions of this act or who fails to 
 perform any of the other duties required of him by 
 law. Upon receiving notice of such revocation of the 
 license of a county examiner the county judge shall 
 within twenty days appoint another examiner in ac- 
 
 30 
 
DIGEST OF SCHOOL LAWS. 
 
 cordance with the law regulating the appointment of 
 county examiners. 
 
 Sec. 8. All laws and parts of laws in conflict here- 
 with are hereby repealed and this act take effect and be 
 in force from and after its passage. 
 
 Approved May 6, 1905. 
 
 An Act Entitled 
 
 An Act to Encourage the Study of Arkansas History 
 and to Promote the Spirit of Patriotism in the 
 Public Schools of Arkansas. 
 
 Be it enacted hy the General Assembly of the State of 
 Arkansas : 
 
 Section 1. That the nineteenth of January, the 
 birthday of Robert Edward Lee, shall be observed in all 
 the public schools of this state as a day for patriotic 
 exercises and the study of the history and achievements 
 of Arkansas men. 
 
 Sec. 2. The state superintendent of public instruc- 
 tion is hereby authorized to prepare and publish an- 
 nually for use in all public schools of the state, a pro- 
 gram of exercises dealing with events in the life of 
 General Lee and other distinguished men,~' giving atten- 
 tion also to the achievements and work of eminent men 
 who have served this state in civil and military life. 
 
 Sec. 3. It shall be the duty of county examiners, 
 city superintendents and principals of schools to aid in 
 carrying on this work and they shall arrange the exer- 
 cises of their various schools in accordance with the 
 provisions of this act. 
 
 Sec. 4. This act shall be in full force and effect 
 from and after its passage. 
 
 Approved February 13, 1905. 
 
 31 
 
DIGEST OF SCHOOL LAWS. 
 ANNUAL SCHOOL MEETINGS. 
 
 Sec. 7588. That the male residents in each organ- 
 ized school district in this state over the age of twenty- 
 one years, who have paid their poll-tax and resided 
 therein for thirty days, and within the state for a period 
 of one year, and in the county six months, previous to 
 said elections, shall annually on the third Saturday in 
 May at two o'clock p. m., hold a public meeting to be 
 designated "the Annual School Meeting of the Dis- 
 trict," and each school district for the purpose of 
 school, elections alone, shall be a political township. As 
 amended by act of January 10, 1897. 
 
 Sec. 7589. All persons qualified to vote for county 
 and state officers at the general election shall be deemed 
 qualified electors of the school district in which they 
 reside, and shall have the privilege of voting at all 
 school meetings. 
 
 Sec. 7590. The electors of every school district 
 shall, when lawfully assembled in annual district school 
 meeting, with not less than five electors present, have 
 the power, by a majority of the votes cast at such meet- 
 ing: First, to choose a chairnian; second, to adjourn 
 from time to time; third, to appoint, when necessary, 
 in the absence of the directors of the district, a clerk 
 pro tern.; fourth, to elect a director for the district for 
 the next three school years, who can read and write; 
 fifth, to designate a site for a schoolhouse; sixth, to 
 determine the length of time during which a school 
 shall be taught more than three months in a year: 
 seventh, to determine what amount of money shall be 
 raised by tax on the taxable property of the district, 
 sufficient, with the public school revenues apportioned 
 to the district, to defray the expenses of a school for 
 three months, or for any greater length of time they 
 may decide to have a school taught during the year. 
 Provided, No tax for purposes aforesaid greater than 
 one-half of one per cent on the assessed value of the 
 taxable property of the district shall be levied. And 
 provided, further. They may, if sufficient revenue can- 
 not be raised to sustain a school for three months in any 
 
 32 
 
DIGEST OF SCHOOL LAWS. 
 
 one year, determine by ballot that no school shall be 
 taught during such year, in which case the revenue 
 belonging to such district shall remain in the treasury 
 to the credit of such school district; eighth, to repeal 
 or modify their proceedings from time to time. 
 
 The power of the electors as enumerated in the above section may 
 be considered briefly as follows: 
 
 1. To choose a chairman. This must be done in order that the 
 business of the meeting may be properly conducted. Failure to hold 
 the annual meeting would not set aside the election of school director 
 and the voting of tax, if the polls are opened for these purposes as 
 provided in Section 7591 of the school law. 
 
 , 2. To adjourn from time to time. The annual meeting may be 
 adjourned to another date for good reasons, bjut the election of 
 director and the voting for or against tax could not be considered at 
 an adjourned meeting. These matters must be settled at the meeting 
 held on the third Saturday in May. 
 
 3. To appoint a clerk. This is necessary, in order that the 
 requirements of Section 7632 may be met; also that a permanent 
 record may be had of the proceedings of the meeting. 
 
 4. To elect a director who can read and write. Certainly a rea- 
 sonable requirement. In case there are to be elected two or more 
 directors the ballot should show the length of time each is to serve. 
 
 5. To designate a site for a sehoolhouse. Due notice should be 
 given in the annual school meeting notice, if the selection of a site is 
 to be considered. See Section 7629 of the school law. Directors have 
 no authority to change the site of the sehoolhouse, unless the electors 
 in the annual school meeting vote that this be done, and select the 
 new site. 
 
 6. To determine the length of time the school shall be taught 
 more than three months in the year. It is expected that a school be 
 maintained in each school district for at least three months in the 
 year, if there be funds in the ^ treasury available for that purpose. 
 The electors may vote to extend the term more than three months. In 
 the absence of any negative action on the part of the electors, the 
 directors would be authorized to extend the term beyond three months, 
 if the funds in the treasury to the credit of the district justify such 
 extension. ' 
 
 7. To determine what amount of money shall be raised to defray 
 the expenses of the school. In order that the electors may vote 
 intelligently on this question, it is very important that the directors 
 submit the estimate required in Section 7625 of the school law. 
 
 8. To repeal and modify their proceedings. The acts of the 
 electors at any school meeting may be repealed or modified at a sub- 
 sequent meeting within certain limitations. This does not apply to 
 the invalidation of any contracts that may have been made, unless by 
 consent of both parties to the same, a repeal or modification is effected. 
 
 Directors may permit a school to be taught for a shorter term 
 than three months, in the absence of an instruction to the contrary 
 on the part of the electors, though this is of doubtful expediency. 
 
 Besides these powers, the eleators are authorized by Section 7614, 
 
 33 
 
DIGEST OF SCHOOL LAWS. 
 
 to direct the sale or exchange of the site or sohoolhouse; and by- 
 Section 7643, to direct the use of the schoolhouse with reference to 
 private schools; and by Section 7626, to direct the proceedings in all 
 actions and suits at law brought for or against the district, if they 
 elect to do so. 
 
 Directors have no power to build a schoolhouse with funds of the 
 district unless authorized to do so at the May meeting, and a contract 
 made for such purpose under authority conferred by a special meeting 
 held in June is void. Fluty v. School District, 49 Ark., 94. 
 
 Sec. 7591. The annual district election shall be 
 held by the school directors as judges who shall have 
 power to appoint two clerks ; and if any of the directors 
 should not attend, the assembled voters may choose 
 judges in the place of those not attending, and the 
 judges and clerks shall take the oath prescribed by the 
 general election law; Provided, That it shall belawful 
 for the county court of any county at the April term 
 thereof to enter an order adjudging that the general 
 election law shall apply to any school election to be held 
 in said county for said year, and thereupon it shall be 
 the duty of the sheriff of said county to publish his 
 proclamation of said election, and the county election 
 commissioners shall appoint judges to hold said elec- 
 tion in the respective school districts, and said election 
 of directors and the voting of said school tax shall be 
 held subject to and conform to all the requirements of 
 the general election laws of the state of Arkansas ; but 
 this act shall not be construed to interfere with or in any 
 way to diminish the rights and duties of the assembled 
 electors as to the matters to be passed upon in open 
 meeting. The expenses of the election herein provided 
 for shall be paid out of the general county fund as the . 
 expenses of general elections are now paid. 
 
 The question as to who shall administer the prescribed oath is 
 answered in Section 2807, Kirby's Digest, as follows: 
 
 "In case there shall be no person present at the opening of any 
 election authorized to administer oaths, it shall be lawful for the 
 judges of the election to administer the oaths to each other and to 
 the clerks; and such judges shall have full power and authority to 
 administer all oaths that may be necessary in conducting any elec- 
 tion." 
 
 Unless the judges make return of the election or vote to the 
 county court, it cannot levy the tax. Hodgkin v. Fry, 33 Ark., 716. 
 
 Sec. 7592. The ballot of the voter shall, in addi- 
 tion to the names of the persons voted for as directors, 
 
 34 
 
DIGEST OF SCHOOL LAWS. 
 
 have written or printed on it the words ' ' for tax, ' ' or 
 "against tax," and also the amount of tax the voter 
 desires levied. 
 
 Sec. 7593. When the polls are closed the judges 
 shall proceed to count the votes, ascertain the result 
 and make return thereof to the county court, showing 
 the number of votes cast for each person voted for for 
 school director, also the number cast for and against 
 tax, and the number of votes cast for each amount or 
 rate of tax voted for; such return, together with the 
 ballots, shall be sealed up and delivered by one of the 
 judges to the county clerk within twenty days after the 
 election, and it shall be the duty of the county clerk to 
 make a record of these returns and present the same to 
 the county court when it meets for levying taxes. As 
 amended hy act of March 16, 1901. 
 
 The annual school meeting is held at two o'clock. It is presumed 
 that immediately after the regular business as prescribed in Section 
 7590, Kirby's Digest, is transacted, the polls will be opened for 
 the annual school election. The supreme court held, in the case 
 of Holland v. Davies, that the statute fixes no time for the closing of 
 the polls, and that, "though the law has not been strictly complied 
 with, where no obstruction or impediment to a fair expression of the 
 will of the electors is shown" the election should be considered valid. 
 
 It was also held in the same case, that the omission of the judges 
 to state in the returns the number of votes cast for and against tg.! 
 will not defeat a levy adopted by the annual school meeting. The 
 court concludes as follows: "If the substantial requisite^ of the vote 
 appear, informalities and mere irregularities should be overlooked and 
 aisregarded. ' ' 
 
 Sec. 7594. The county court, at its said meeting 
 for levying taxes, shall take the record of the county 
 clerk and ascertain whether a majority of the votes cast 
 be for tax ; and if a tax has been voted, then the court 
 shall determine the amount of taxes voted by taking the 
 largest amount or rate of taxation voted for by a 
 majority of the voters, which shall be levied and col- 
 lected by the district so voting ; and if no rate shall have 
 received such majority, then all the votes cast for 
 the highest rate shall be counted for the next highest, 
 and so on, till some rate voted for shall receive a ma- 
 joritv of all the votes cast. As amended hy act of 
 March 16, 1901. 
 
DIGEST OF SCHOOL LAWS. ' 
 
 Sec. 7595. All taxes voted for school purposes by 
 any school district shall be levied by the county court 
 at the same time the county taxes are levied, and shall 
 be collected in the same manner as the county taxes are 
 collected, at the same time and by the same person, and 
 be paid into the county treasury, there to be kept sub- 
 ject to disbursement on the warrant of the school di- 
 rectors. Provided, No tax for the purposes aforesaid 
 greater than one-half of one per cent on the assessed 
 value of the taxable property of the district shall be 
 levied, which shall be done by ballot. Act December 
 7, 1875, Sec. 41. 
 
 The county court has no power to levy a school tax independent 
 of action on the part of the electors of each school district for which 
 the tax is levied; it can oply cause to be placed on the tax books and 
 collected such rates as are reported from the districts. An excessive 
 levy vitiates the whole tax. Worthen v. Badgett, 32 Ark., 496. See 
 Ey. V. Parks, lb., 131; Eogers v. Kerr, 42 Ark., 100. 
 
 COUNTY UNIFORMLY OF TEXT-BOOKS. 
 
 Sec. 7596. The electors of every common school 
 district, shall, when lawfully assembled in annual dis- 
 trict school meeting on the third Saturday in May, 
 with not less than five electors present, have the power, 
 in addition to the powers already provided by law, to 
 vote on the question of county uniformity in text-books. 
 
 Sec. 7597. The ballot of the electors shall, in addi- 
 tion to the name of the persons voted for as directors, 
 and the words "for tax " or "against tax," have writ- 
 ten or printed on it "for county uniformity" or 
 ' ' against county uniformity. ' ' 
 
 Sec. 7598. The county court at its regular meeting 
 for levying taxes shall open the returns and ascertain, 
 in addition to its other duties as now provided, 
 whether the majority of all the votes cast at that elec- 
 tion in the county be "for county uniformity," and if 
 such be the fact the county clerk shall within ten days 
 thereafter so certify to the county examiner and to 
 the state superintendent of public instruction. 
 
 36 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7599. In each county in which, a majority of 
 all the votes cast shall be "for county uniformity," 
 the county examiner, together with two resident teach- 
 ers of the county, holding first grade certificates, to 
 be appointed by the state superintendent of public in- 
 struction within thirty days after receiving notice as 
 in Section 3, and two citizens of the county interested 
 in the public schools, to be appointed by the county 
 judge within thirty days, shall constitute the county 
 schoolbook board, who shall take the oath of office 
 prescribed by the constitution of the state, and who 
 shall serve until their successors are appointed and 
 qualified in like manner 
 
 Sec. 7600. The county examiner, who shall be 
 chairman of the county schoolbook board, shall call 
 its members to meet together at the county seat in the 
 courthouse on or before the third Tuesday in Novem- 
 ber, for the purpose for which the board is constituted. 
 The board, after its organization, shall proceed to care- 
 fully examine and compare the school text-books and 
 their prices, which may be submitted for its considera- 
 tion, and shall, within sixty days, by a majority vote of 
 all its members, select and adopt a list or series of 
 school text-books on the following subjects, to-wit: 
 Writing, spelling, reading, arithmetic, language les- 
 sons, English grammar, geography, history of Arkan- 
 sas and of the United States, civil government of Ar- 
 kansas and of the United States, physiology and hy- 
 giene and elementary algebra, for uniform use in the 
 common school districts af the county for a period of 
 six years from and after their adoption. In making 
 such adoptions, the county schoolbook board shall 
 give due consideration to the school text-books which 
 are used in the majority of the school districts of the 
 county, and to the wishes and recommendations of the 
 teachers and school patrons, as may be expressed to 
 the board by petition or otherwise; provided, equally 
 as good terms can be obtained for the regular supply 
 of the books already in general and satisfactory use in 
 the schools of the county and for any exchange of 
 books required as can be obtained from publishers of 
 
 37 
 
DIGEST OF SCHOOL LAWS. 
 
 other schoolbooks of equal merit and workmanship; 
 and, provided further, that no schoolbooks shall be 
 adopted the price of which exceeds the price at which 
 said books are furnished or sold to school patrons in 
 any other state or territory. 
 
 Sec. 7601. The county school>ook board shall be 
 in session not to exceed ten days in any one year and 
 each member of the board shall receive two dollars 
 ($2.00) per day for each day he shall serve, to be paid 
 out of the common school funds of the county. The 
 chairman of the board shall file with the county clerk a 
 statement showing the number of days each member 
 has served, and the county clerk shall issue his warrant 
 on the county treasurer in favor of each member in 
 accordance with such statement, payable out of the 
 common school funds of the county. 
 
 Sec. 7602. The county examiner shall keep a 
 record of the proceedings of the county schoolbook 
 board and the books adopted by it for uniform use in 
 the schools of the county, with the contract prices of 
 the same, of which adopted list and prices he shall give 
 due notice to the teachers and school directors of the 
 coimty by circular letters or otherwise. The books so 
 adopted shall be brought into exclusive use in all the 
 public schools of the county as soon and as rapidly 
 as practicable ; and any teacher or school director per- 
 mitting any other book or books than those adopted by 
 the county board to be used in the schools under their 
 charge after one year from the date of their adoption, 
 shall be subject to a fine of not less than fifteen dollars 
 ($15.00), and any person selling any book so adopted to 
 a school patron at a price greater than the contract 
 price thereof, shall be subject to a fine of not less than 
 ten dollars ($10.00) ; provided, that nothing in this act 
 shall be so construed as to prohibit any board of school 
 directors, superintendent or teacher, from using 
 readers or other books for supplementary purposes, but 
 no such supplementary book shall take the place of any 
 adopted book on the county list. 
 
 38 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7603. Before any schoolbook may be law- 
 fully adopted by any county schoolbook board in this 
 state, its publisher shall deposit ia the office of the 
 state superintendent of public instruction, a sample 
 or standard copy thereof, with its regular wholesale or 
 mailing price plainly written or stamped therein, to- 
 gether with a written proposition to furnish such 
 schoolbooks to any school or school bbard, or to their 
 authorized agent at the lowest wholesale or mailing 
 price thereof. And any publisher making a proposi- 
 tion to the state superintendent for furnishing school- 
 books in this state, shall file with the auditor of state a 
 duplicate copy of his or their proposition to the state 
 superintendent, and shall enter into bond to and with 
 the state of Arkansas in the sum of twenty thousand 
 dollars $20,000.00) for the faithful performance of his 
 or their stated proposition. Said bond to be made 
 through some reputable guaranty company. 
 
 Sec. 7604. That each county schoolbook board, 
 before adopting any text-books, shall require its pub- 
 lishers to deposit in. the office of the county examiner 
 a sample or a standard copy of the same, and after its 
 adoption, shall require said publisher to enter into con- 
 tract with it, to furnish said text-books so adopted for 
 the entire period of its adoption and use in the schools 
 of the county at its lowest wholesale or mailing price 
 as certified by the state superintendent; and shall re- 
 quire the publisher of each and every schoolbook so 
 adopted to guarantee and maintain the mechanical 
 quality and execution of such book equal to the sam- 
 ple or standard copy thereof filed in the office of the 
 county examiner, and no county schoolbook board 
 shall adopt any schoolbook whose publisher shall not 
 have complied as to said book with the provisions of 
 this act. 
 
 Sec. 7605. Board of directors of special school 
 districts in any county which shall adojpt a uniform 
 series of books, as provided in this act, shall have the 
 option of adopting the county uniform series or a dif- 
 ferent series, in whole or in part, for use in its schools, 
 
 39 
 
DIGEST OP SCHOOL LAWS. 
 
 Sec. 7606. In counties in which the vote is 
 "against uniformity" there shall be no change in the 
 school books in use in the public schools therein for 
 one year; provided, the publishers of the books so in 
 use shall furnish them upon the same terms as the 
 same books are furnished in counties voting "for 
 county uniformity," according to the provisions of 
 this act. 
 
 SCHOOL DIKECTORS. 
 
 Sec. 7607. At the annual school meeting, held on 
 the third Saturday in May, there shall be elected, by 
 the legal voters in each school district, a director, who 
 shall hold his office for the term of three years, and 
 until his successor shall have been elected and have 
 qualified. Provided, At the first annual school meet- 
 ing of the district after the passage of this act, three 
 school directprs shall be elected, to hold office one, two 
 and three years, respectively. Provided, further; 
 When a new school district shall have been formed 
 under the provisions of this act, three directors shall 
 be immediately elected by the electors of the new dis- 
 trict, and shall hold their office for one, two and three 
 years, respectively, and until their successors are 
 elected and qualified as herein provided for. Act De- 
 cember 7, 1875, Sec. 57, as amended by act March 11, 
 1881, Sec. 2, and act January 30, 1889. 
 
 Sec. 7608. The judges of any school election of 
 this state for school directors shall within five days 
 after said election give to the said elected directors a 
 certificate of his election, who shall within ten days 
 thereafter take the oath of office prescribed for di- 
 rectors, and file the same, together with his certificate 
 of election, with the county clerk of his county, and 
 enter at once upon the duties of his office. Act Janu- 
 ary 30, 1889.- 
 
 Sec. 7609. An old director shall, upon applica- 
 tion of an incoming director, administer to him the 
 oath of office. Act March 11, 1881, Sec. 5. 
 
 40 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7610. Any person who shall have been 
 elected or appointed a director, and shall neglect or 
 refuse to qualify and serve as such, shall forfeit to his 
 district the sum of ten dollars, which may be recovered 
 by action against him at the instance of any elector in 
 the district, and which, when collected, shall be paid 
 into the county treasury by the officer before whom 
 the action was maintained, and added by the treasurer 
 to the school fund revenues appropriated to the dis- 
 trict. 
 
 Sec. 7611. Any director who shall neglect or fail 
 to perform any duties of his office shall forfeit to his 
 district the sum of twenty-five dollars, to be recovered 
 as directed in the preceding section, and to add in like 
 manner to the school fund revenues apportioned to his 
 district. 
 
 This section gives a penalty for a violation of any duty enjoined 
 upon the directors, which may be recovered at the instance of any 
 elector. 
 
 Sec 7612. If the office of any director in a dis- 
 trict becomes vacant, the electors of said district shall, 
 in a district meeting assembled, within fifteen days 
 after the occurrence of such vacancy, elect a director 
 to serve the remainder of the unexpired term; but if 
 the district in which such vacancy occurs neglects or 
 fails to elect a director to fill such vacancy, then the 
 county court shall appoint from the electors of said 
 district a director to serve the remainder of the term. 
 
 From Section 7608 it is plain that the last day upon which the 
 newly elected director may take the oath of oflGlce is fifteen days 
 from the third Saturday in May. In ease no director is elected, the 
 electors will have the right within fifteen days after the annual meet- 
 ing to elect a director for a vacancy caused by a failure to elect at 
 the proper time. For a vacancy caused by death, resignation, or 
 otherwise, the electors have fifteen days from the date of such death, 
 resignation or other occurrence which caused the vacancy to fill the 
 same. 
 
 A bona fide removal of a school director from a district annuls 
 his right tO/ serve as such. His subsequent return to the district does 
 not revive this right. A vacancy has been created, which should be 
 _filled by a special election, or by appointment, in case the special 
 election is not held within the time prescribed by law. 
 
 41 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7613. The said board shall make provisions 
 for establishing separate schools for white and colored 
 children and youth, and shall adopt such other meas- 
 ures as they may judge expedient for carrying the free 
 school system into effectual and uniform operation 
 throughout the state, and providing, as nearly as pos- 
 sible, for the education of every youth. 
 
 In the case of Maddox et al. v. Ne^l et al., 45 Ark., 121, the 
 supreme court of this state says: "A wide range of discretion is 
 vested in these boards by the statute in the matter of the government 
 and details of conducting of the common schools, but in the nature of 
 things there is a limit to this discretion. Some positive and imper- 
 ative duties are imposed upon them about which they have no dis- 
 cretion. The first and most important duty of the board is fo make 
 provisions for establishing schools. When the funds are provided, and 
 the directors are not otherwise instructed by the school meeting of the 
 district, the duty to provide a school for at least three months is man- 
 datory, and the duty to establish separate schools for the whites and 
 blacks is also incumbent on them. All the provisions of the law in 
 relation to schools, in conformity to the constitutional mandate, are 
 general, and the system, as far as the statute can make it, is uniform. 
 No duty is imposed jipon or discretion given to the directors about 
 schools for one race that is not applicable to the other. It is the 
 clear intention of the constitution and statutes alike to place the means 
 of education within the reach of every youth. Education at the 
 public expense has become a legal right extended by the. laws to all 
 the people alike. No discrimination on account of nationality, caste 
 or other distinction has been attempted by the lawmaking powers. 
 The boards of directors are only the agents, the trustees appointed to 
 carry out the system provided for. Their powers are no greater than 
 the authority conferred by legislation. They can do nothing they are 
 not expressly authorized to do, or which does not grow out of their 
 expressed powers. * * * The opportunity of instruction in public 
 schools, given by the statute to all of the youths of the state, is in 
 obedience, as we have seen, to special command of the constitution, 
 and it is obvious that a board of directors can have no discretionary 
 power to single out part of the children by the arbitrary standard of 
 color, and deprive them of the benefits of the school privilege. To 
 hold otherwise would be to set the discretion of the directors above 
 all law." 
 
 The duty of establishing separate schools for races is mandatory. 
 If there are eleven or more black children, or eleven or more white 
 children, they must have a school. Ten black children or a less num- 
 ber, or ten white children or less should be transferred to an adjoining 
 district under the provisions of the act approved April 3, 1891. See 
 
 Sec. 7614. The directors shall have charge of the 
 school affairs and of the school educational interests of 
 their district, and shall have the care and custody of 
 the schoolhouses and grounds, the books, records, 
 papers, and other property belonging to the district' 
 and shall carefully preserve the same, preventing 
 
 42 
 
DIGEST OF SCHOOL LAWS. 
 
 waste and damage ; and shall purchase or lease, in the 
 corporate name of the district, such schoolhouse site 
 as may be designated by a majority of the legal voters 
 at the district meeting; shall hire, purchase or buiJd 
 a schoolhouse with funds provided by the district for 
 that purpose ; and sell or exchange such site or school- 
 house, when so directed by a majority of the electors 
 of any legal meeting of the district. 
 
 In general, school property is to be used for the purpose of educa- 
 tion. It appears that the legislature has not inhibited the directors 
 from permitting the schoolhouse to be used temporarily and occa- 
 sionally for other purposes. 
 
 School directors have the care and custody of schoolhouses and 
 grounds belonging to the district. It is their duty carefully to pre- 
 serve the same, preventing waste and damage. They have the power 
 to allow the house to be used for other than school purposes, unless 
 otherwise directed by the majority of the electors of the district in 
 a legal meeting assembled. The electors of school districts in legal 
 meeing have the power to direct that the house be used for other 
 than school purposes, provided it be a legal purpose. 
 
 Section 7614 vests the power of directing the sale or exchange of 
 the site or the schoolhouse in the electors alone, and Section 7643 
 authorizes the directors to permit the use of the schoolhouse by a 
 private school unless otherwise directed by a majority of the legal 
 voters of the district. This enlargement of the power of the electors, 
 as set out in Sections 7614 and 7590, as to directing the sale or 
 exchange of the site or schoolhouse, must be considered in construing 
 these sections; and the exercise of the enlarged power must be con- 
 trolled by the provisions of Section 7590; that is, the electors may act 
 upon these questions at the annual meeting or an adjournment thereof. 
 
 Directors have no power to build a schoolhouse with funds of the 
 district unless authorized to do so at the annual school meeting, and a 
 contract made for such purpose under authority conferred by a special 
 meeting held in June, is void. Fluty v. School District, 49 Ark., 94. 
 
 It is evident that the respective powers and rights of directors 
 and electors are not clear. The general principle is that the whole 
 matter is left to the sound discretion of the directors, subject to a 
 controlling direction on the part of the electors. ■ 
 
 Sec. 7615. They shall hire for and in the name 
 of the district, such teachers as have been licensed ac- 
 cording to law, and shall make with such teachers a 
 written contract, specifying the time for which the 
 teacher is to be employed, the wages to be paid per 
 month and any other agreement entered into by the 
 contracting parties, and shall furnish the teachers with 
 a duplicate of such contract, and keep the original ; and 
 they shall employ no person to teach in any common 
 school of their district unless such person shall hold, 
 
 43 
 
DIGEST OF SCHOOL LAWS. 
 
 at the time of commencing his school, a certificate and 
 license to tea<?h, granted by the county examiner or 
 state superintendent. 
 
 The right to select a teacher, fix his salary, and the time for the 
 opening of the school are matters which belong exclusively to the 
 directors. The electors have no right to direct upon any question 
 connected with the teaching of the school, save the single one of' 
 extending the term of the school. 
 
 Directors cannot make a legal contract with a teacher who has no 
 license. This negatives the right to contract with a principal teacher 
 who is licensed for an amount of money to be paid him, out of which 
 he is to pay the salaries of unlicensed assistants. 
 
 Every teacher, whether as principal or assistant, must be elected 
 by the board of directors; every such person must have a license from 
 the county examiner or state supreintendeut, and every such person 
 must have a written contract. County treasurers are warranted to 
 demand the contract of every teacher or assistant who presents a war- 
 rant for the payment of wages from the public school funds. If the 
 warrant shows that its holder is principal, and that the amount spe- 
 cified on its face is for the payment of the wages of assistants, or if 
 it is proven to the treasurer that such is the cas,e, he should refuse to 
 pay the same as a violation of Sections 7615 and 7615. The treasurer 
 may also refuse to pay the warrant of any teacher who has not been 
 licensed. See Section 7613. The words, "properly drawn" in this 
 section refer back to the inhibitions of Section 7615, and forward 
 to the positive inhibition ot Section 7777, and the treasurer should 
 exercise great care in the matter of paying these doubtful warrants. 
 
 The acts of school directors are corporate acts. To bind the dis- 
 trict it is necessary for them to act at a regular meeting, or a called 
 meeting, of which notice was given to each director. At such meet- 
 ings the act of a majority of the board is the act of the whole board. 
 
 Notice of a called meeting of a board of school directors must be 
 given in writing to each member of such board, and must state the 
 time, place and purpose of the meeting. When two directors meet at 
 a called meeting, from which the third director is absent without 
 having received legal notice of the-meeting, the directors present have 
 no authority to bind the district by employing a teacher. Burns v 
 Thompson, 64 Ark., 489. 
 
 A board of school directors empowered by statute without any 
 limitation to employ a superintendent of schools may make a contract 
 for a superintendent for a term beginning after some members of the 
 board go out of ofa.ce. Gates v. School District of Fort Smith, 53 Ark 
 468. 
 
 This decision applies to all teachers employed in the school as 
 well as to the superintendent. 
 
 The contracts made by a board of directors are good, though it 
 should turn out that the directors are disqualified to hold oflBce. They 
 are de facto officers. 
 
 Sec. 7616. That school directors are hereby pro- 
 hibited from employing any person as teacher in the 
 public schools, related, to either of them by consan- 
 
 44 
 
DIGEST OF SCHOOL LAWS. 
 
 guinity or affinity within the fourth degree ; unless two- 
 thirds of the patrons of a public school petition them to 
 do so. Any school directors of the public schools vio- 
 lating this section shall upon conviction be fined in any 
 sum not less than ten dollars ($10.00) nor more than 
 fifty dollars ($50.00) and in addition thereto shall be 
 suspended from office. Act May 23, 1901. 
 
 Sec. 7617. It shall be unlawful for any director 
 or board of directors in any school district in this state, 
 to employ a teacher to teach a school in any district 
 in this state unless said district has money to its credit 
 in the treasury of the county in which said district is 
 located, to pay said teacher for such work; provided, 
 that if the amount of taxes to be paid in by the collector 
 of any county shall be sufficient to have a school taught 
 in any district in which such taxes are to be paid, then 
 the directors shall have the power to employ teachers 
 to teach a school in such district; provided further, 
 that a majority of the patrons of any school district 
 in this state shall at all times have the right to petition 
 said board of directors to employ a teacher and cause 
 a school to be taught in any district whenever they so 
 desire ; provided further, that said directors do not pay 
 more for services of said teacher than would be neces- 
 sary to pay said teacher for said service, if said money 
 were in treasury. That any board of directors violat- 
 ing this law shall be fined in any sum not less than ten 
 nor more than one hundred dollars. 
 
 In case there is money in the treasury to the credit of the district, 
 sufficient to maintain a school, and availa,ble for that purpose, or a 
 tax voted which, when collected, will be sufficient to defray the 
 expenses of the school, and the directors make no provision for having 
 one taught, the right of petition for a school is given to the patrons 
 of the district by the above act. 
 
 Sec. 7618. The term "month," however it occurs 
 in any section of this act, shall be construed to mean 
 twentv days, or four weeks of five days each. Act De- 
 cember 7, 1875, Sees. 58-62. 
 
 Sec. 7619. The officers of special and common 
 school districts are authorized and empowered to in- 
 sure school buildings of their respective districts and 
 to use sufficient funds of their district to do so. 
 
 45 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7620. The directors of school districts, other 
 than special school districts, may expend annually, out 
 of the common school fund, not more than twenty-five 
 dollars during any one year for any school under their 
 control for maps, charts, globes, dictionaries and other 
 apparatus necessary to the progress of the school; 
 Provided, said maps, charts, globes, dictionaries, and 
 other apparatus meets the approval of the state super- 
 intendent in price and merits; provided further, that 
 said expenditure be authorized by a majority of the 
 qualified electors of any school district making said 
 purchases at the annual school election previous to said 
 expenditure. As amended by act of February 22, 
 1899. See comments under Sec. 7625. 
 
 Sec. 7621. The directors of each school district 
 in this state shall adopt and cause to be used in the 
 public schools of their respective districts one series of 
 text-books in each branch or science taught in the public 
 school of their respective districts, and no change in 
 these books shall be made for a period of three years, 
 unless it be by a petition of a majority of the voters of 
 the district desiring the change. Act March 11, 1881, 
 Sec. 2. 
 
 This section is virtually repealed by the county uniformity law. 
 
 Sec. 7623. They shall procure from the county 
 examiner, and furnish the teacher at the commence- 
 ment of the term, a register of his school, and require 
 the said teacher to report, in said register, at the close 
 of the school term, the number of days of the said 
 term, the name and age of each pupil, the date on 
 which each entered the school, the separate days on 
 which each attended, the whole number of days each 
 attended, the studies each pursued, the total number of 
 days all pupils attended, the average daily attendance 
 and the number of visits received from the directors 
 during the said term. Act December 7, 1875, Sec. 63. 
 
 The keeping of this register according to all its requirements, 
 perfected and complete, is compulsory upon the teacher, and he cannot 
 draw his last month 's wages until this duty is performed. See Sec 
 7656. 
 
 46 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7624. They shall visit the schools at least 
 once each term, and encourage the pupilsi in their 
 studies, and give such advice to the teacher as may 
 be for the benefit of teacher and pupils. 
 
 Sec. 7625. They shall submit to the district, at 
 the annual meeting, an estimate of the expenses of the 
 district for that year, including the expenses of a 
 school for the term of three months for the next year, 
 after deducting the probable amount of school moneys 
 to be apportioned to the district for that school year, 
 and shall also submit an estimate of the expenses per 
 month of continuing the school beyond the . term of 
 three months, and of whatever else may be necessary 
 for the comfort and advancement of the said school. 
 
 As a guide to the electors in voting the tax in the annual school 
 meeting, the directors are required to submit to them at that meeting 
 an estimate of the amount of revenue necessary to meet the expenses 
 of the district for the year to follow. ^ 
 
 A tax voted for a. specific purpose can be used for no other; thus 
 a tax voted for building purposes or for teachers' salaries must be 
 applied to the purpose mentioned. 
 
 If there be a fund left over at the end of the fiscal year, the 
 electors may at any annual meeting divert this balance from its 
 original purpose and appropriate it to some other. 
 
 If the tax is voted for general purposes, without any direction 
 on the part of the electors as to its expenditure, the directors would 
 be authorized to use the same for the actual expenses necessary to the 
 maintenance of the school, except that no part of the same could be 
 used for building, purposes. 
 
 Incidental expenses, such as fuel, stoves, blackboards, crayon, etc., 
 are necessary expenses, and directors are authorized to draw warrants 
 on the common school fund to meet such expenses, if no provision is 
 made for them in the estimate submitted by the directors in the annual 
 meeting. 
 
 If any part of the district fund is to be spent in the purchase of 
 maps, globes, charts, etc., the estimate should so state, and directors 
 are limited to the amount therein mentioned. 
 
 The electors may by vote authorize the directors to expend not 
 exceeding twenty-five dollars out of the common school fund in the 
 purchase of supplies mentioned above. 
 
 A failure of the directors to submit the estimate of school 
 expenses as required in Section 7625 of the school law is a finable 
 offense. See Section 7611 of the school law. 
 
 47 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7626. They shall, in all suits and actions a;t 
 law brought by or against their district, appear for and 
 in behalf of said district. Provided, They shall have 
 no other directions or instructions by a lawful meeting 
 of the electors of their district. 
 
 The law makes it obligatory on directors to appear in behalf of 
 the district in all suits brought by,or against the district. This carries 
 with it the right to employ a lawyer and to pay him out of the school 
 funds, unless they have other instructions from the lawful meeting 
 of the electors of the district. The county treasurer cannot refuse 
 to pay warrant properly drawn and signed by two directors for such 
 a purpose. 
 
 Sec. 7627. They shall draw orders on the treas- 
 urer of the county for the payment of wages due teach- 
 ers, or for any lawful purpose, and they shall state in 
 every such order the services or consideration for 
 which the order is drawn, and the name of the person 
 rendering such service; but they shall not draw any 
 order on the county treasurer for the payment of the 
 wages of any teacher not licensed. See Sec. 7665. 
 
 Sec. 7628. When the warrant of any board of di- 
 rectors, properly drawn, is presented to the treasurer 
 of the proper county, he shall pay the same out of any 
 funds in his hands for that purpose belonging to the 
 district specified in said warrant. See Sec. 7615. 
 
 School warrants may be issued by two directors. Grain v. State, 
 45 Ark., 450. 
 
 Treasurers are required to pay all warrants properly drawn, if 
 there is money in the treasury to the credit of the district, belonging 
 to the fund on which the warrant is drawn. If the tax was voted 
 for general purposes, the treasurer would be authorized to pay all 
 warrants drawn on a fund so voted, for teachers' salaries and other 
 necessary expenses. Bach warrant should specify for what service . 
 or consideration it was drawn. 
 
 Sec. 7629. The directors shall give notice of each 
 annual meeting, by posting notices thereof, at least 
 fifteen days previous to such meeting, in three or more 
 conspicuous places withiu the district ; but it shall not 
 be lawful for a district, at any annual meeting, to fix 
 a site for a schoolhouse, or to raise money for building 
 or purchasing a schoolhouse, unless the directors shall 
 have particularly set forth in the previous notice given 
 of such meeting that these matters were to be sub- 
 mitted for their consideration and action. 
 
 48 
 
DIGEST OF SCHOOL LAWS. 
 
 It is the duty of the directors to designate the place of the annual 
 meeting, and notice of the time and place is essential to the validity 
 of a tax voted at such meeting. But the statute designates the time, 
 and all are bound to take notice of it. If notice pf the place be 
 given, the meeting will be legal, though the time be not specified in 
 the notice. Hodgkin v. Fry, 33 Ark., 716. A notice given by two of 
 the directors is sufScient. Holland v. Davies, 36 Ark., 446; Da vies 
 V. Holland, 43 Ark., 425. 
 
 Where a meeting of a school district is held for a special purpose, 
 all that is necessary in the form of the notice is that it should be so 
 expressed as that the inhabitants of the district may fairly understand 
 the purpose for which they are convened. 
 
 Sec. 7630. One of the directors shall act as clerk 
 at all district meetings, shall keep a record of the pro- 
 ceedings thereof in a book provided for that purpose, 
 or, if absent, shall transcribe into said book the minutes 
 kept by the clerk pro tempore, and signed by the chair- 
 man, as so much of the authenticated records of the 
 district ; and he shall enter on the said book copies of 
 all his reports to the county clerk and the county ex- 
 aminer. 
 
 At the first meeting of the board after the annual election, there 
 should be a regular organization of the board by the election of a 
 president and a secretary to serve for one year. This is absolutely 
 necessary, in order that the work of the board may be transacted in 
 a businesslike manner, and a correct and permanent record of its 
 proceedings be kept. 
 
 Sec. 7631. He shall keep, in a book provided for 
 that purpose, the accounts of the district, by debits and 
 credits, incHiding the accounts with the county treas- 
 urer, and shall present the same to each annual meet- 
 ing, showing the current expenses for the year, for 
 schoolhouses, outbuildings, fences with which to in- 
 close a schoolhouse site, for stoves, wood, maps, charts, 
 blackboards, a dictionary, and other necessaries for a 
 school, and stating the number of days the directors 
 have been necessarily employed in the performance of 
 their duties as directors ; the date of each order drawn 
 by them on the county treasurer, and for what services 
 or consideration, for what amounts and in whose favor, 
 exhibiting vouchers therefor; a statement of the in- 
 debtedness of the district, and also of the surplus 
 moneys, if any, in the county treasury belonging to the 
 district at the commencement of the year; the amount 
 of taxes levied on the district for school purposes within 
 the year; the different purposes for which said taxes 
 
 49 
 
DIGEST OF SCHOOL LAWS. 
 
 were levied, and the amouiit levied for each purpose. 
 If, on examination, the report be found correct, the 
 chairman of the meeting shall approve the same, and 
 order that it be filed with the records of the district. 
 
 Sec. 7632. The directors shall, within ten days 
 after any school meeting, report to the clerk of the 
 county so much of the proceedings of said meeting as 
 pertain to the election of officers; and they shall, on 
 or before the first day of October in each year, furnish 
 to the clerk so much of the copy of their record, at- 
 tested by the chairman of the meeting, as shows the 
 amount of money voted to be raised by the district, 
 for school purposes, at the annual meeting. 
 
 Sec. 7633. They shall, annually, between the first 
 and twentieth days of July, transmit, verified by their 
 affidavit, to the county examiner, a written report, in 
 proper form, of the name of their county ; of the num- 
 ber of their district ; the names and ages of all persons, 
 between the ages of six and twenty-one years, residing 
 in their district on the first day of July; the number 
 of males and females respectively, of each color, that 
 attended the common schools during the last school 
 year; the average number of each sex that attended 
 daily; the number that pursued each of the studies 
 designated to be taught in the common schopls of this 
 state; the number of times the school was visited each 
 term by the directors; the number of days the school 
 was taught during the year by a licensed teacher ; the 
 name of each teacher ; the grade of his certificate ; the 
 wages paid each teacher per month, and the whole 
 amount of wages paid teachers during the year. They 
 shall include in their report the amount of taxes voted 
 by the district during the last school year, for what 
 purpose voted, and the amount voted for each purpose ; 
 the amount drawn from the county treasurer for, each 
 purpose for which money was raised by district tax 
 the previous year; the amount of revenues received 
 from the common school fund, and the amount received 
 from each of the various other sources from which 
 school revenues are derived; the amount of each 
 kind of revenue remaining in the county treasury and 
 
 50 
 
DIGEST OF SCHOOL LAWS. 
 
 subject to the order of the district; the number of 
 schoolhouses erected during the year, and the cost and 
 material of each; the number, the material, the condi- 
 tion and the value of those before erected, and the value 
 of all other property belonging to the district ; the condi- 
 tion of the schoolhouse grounds, and whether the said 
 grounds are enclosed; also, name, age and postoffice 
 of deaf, dumb, blind and insane in each district, in- 
 cluding all who are blind or deaf, or to such an extent 
 as not to be educated in common schools ; and they shall 
 record the said report in the proper place in the dis- 
 trict book in which the current record of the proceed- 
 ings of the district is kept. As amended by act of 
 April 23, 1901. 
 
 Sec. 7634. The annual and enumeration reports 
 of the directors of the various school districts of the 
 state of Arkansas, shall be good under their official 
 oaths, when signed by them officially; provided, that 
 any director or school officer who certifies falsely to 
 any such report, shall be guilty of a misdemeanor, and 
 fined in any sum not less than five dollars ($5.00) nor 
 more than twenty-five dollars ($25.00). 
 
 Sec. 7635. If the directors of any district fail or 
 neglect to make a report of the enumeration, statistics 
 and finances of their district at the time and in the 
 manner prescribed in the preceding section, the said 
 directors, in addition to their forfeiture for neglect of 
 duty, shall severally be liable for any damages, iaclud- 
 ing the costs of the suit, that the district may sustain 
 by reason of losing the school revenues that would 
 otherwise have been appropriated to them. 
 
 Sec. 7636. They shall, at the close of the school 
 year, settle with the county treasurer, and ascertain 
 what moneys, if any, to which their district may be en- 
 titled, and the amounts, severally, thereof that are in 
 the county treasury and subject to be drawn by their 
 district. lb., Sees. 64-75. 
 
 Sec. 7637. The directors of any school district 
 may, at the instance of the teacher, suspend from the 
 school any pupil for gross immorality, refractory con- 
 
 51 
 
DIGEST OF SCHOOL LAWS. 
 
 duct or insubordination, or for infectious disease. 
 Provided, Such suspension shall not extend beyond the 
 current term. 
 
 Bona fide residence in a school district entitles one to school 
 privileges for his children or wards. The fact that the children were 
 not included in the enumeration for the year does not deprive them of 
 this privilege. However, parents are not entitled to school privileges 
 ■ in two or more districts in the same year, when a removal is made 
 solely for this purpose. 
 
 The power of suspension rests with the school board, though, in 
 extreme cases, the teacher would be justified in dismissing a pupil 
 from the school, pending the action of the board, provided the atten- 
 tion of the board is at once called to the matter. 
 
 In cases where suspension of a pupil may be deemed necessary by 
 the board, care should be exercised that neither prejudice nor malice 
 actuate the board in its conduct. The important question to be con- 
 sidered is the good of the school. The acts of the board in all such 
 eases are considered to be without malice, or prejudice, and, in order 
 that they may be held responsible for any injury done the pupil by 
 suspension, it will be necessary that the contrary be proved. 
 
 In eases of contagious or infectious disease it has been uniformly 
 held that a school board is authorized to deny to a person infected or 
 exposed to the disease the right to school privileges till the danger 
 of such infection or exposure is past.- In many states the supreme 
 court has ruled that requiring persons who wish to attend school 
 to be vaccinated is a reasonable requirement, in case there is danger 
 of a spread of smallpox in a community, and that the board may deny 
 to anyone who refuses to comply with such requirement the right to 
 attend school until the danger is past. 
 
 Absence and tardiness are the bane of many schools, and rules 
 exacting reasonable excuse from the parent or guardian of children 
 who are guilty of this fault are just and proper. A failure of a parent 
 or guardian to comply with such rule may subject the child to sus- 
 pension. 
 
 The right to administer corporal punishment is not denied to the 
 teacher under our law, though the drift of sentiment among educators 
 is away from such method of discipline. If, in the judgment of the 
 teacher, the rod must be used, the offense, the condition and temper- 
 ament of the child, the extent of the punishment — all should be con- 
 sidered in advance. In the Illinois school laws and decisions the fol- 
 lowing excellent summary of the subject may be found: 
 
 "The opinions of the highest judicial tribunals and eminent 
 jurists concur in respect to the propriety and necessity of granting 
 school-teachers the authority to inflict corporal punishment in certain 
 cases, and of protection to them in the prudent and reasonable 
 exercise of such authority either to promote the welfare of the child 
 or of the whole school. Teachers are, however, held to a just account- 
 ability for the abuse of the power conferred." 
 
 As to the teacher's jurisdiction over the pupil, the opinion, aa 
 expressed by various supreme courts is, that this control covers the 
 time from the leaving home on the part of the pupil until his return 
 thereto. It has also been held that the teacher may take the pupil to 
 task for any misconduct committed at any time or place, the result 
 
 52 
 
DIGEST OF SCHOOL LAWS. 
 
 of which may prove subversive of the authority of the teacher or 
 directly detrimental to the best interests of the school. 
 
 It should be borne in mind the rule-making power rests with the 
 school board. The members of the board are selected from the com- 
 munity and are supposed to represent the best type of citizenship of 
 the community. In their hands is placed the control of the schools 
 of the district, and to their judgment the welfare of the same is 
 entrusted. The rules by them made for the government of the school 
 are taken to be reasonable and equable, and will be so held by the 
 courts, unless the contrary is shown^ Pupils are expected to abide by 
 these rules, and the fact that a pupil is enrolled in the school is taken 
 as a tacit agreement on his part to be obedient to them. Insubordi- 
 nation constitutes a just cause for the suspension of any pupil. 
 
 Sec. 7638. They may permit older persons to at- 
 tend the school under such regulations as they may 
 deem proper. 
 
 It has also been held that the directors, unless there be instruc- 
 tion to the contrary from the electors in the annual school meeting, 
 may admit nonresident pupils to the privileges of the school. If 
 this be done, the rate of tuition should not be less than the per 
 capita paid for the education of the children resident in the district. 
 Directors should in no ease allow the admission of nonresident pu- 
 pils to the disadvantage of the pupils who are entitled to school priv- 
 ileges by reason of residence in the district. 
 
 Sec. 7639. The county court shall have power, 
 upon the petition of any person residing in any par- 
 ticular school district, to transfer the children or wards 
 of such person, for educational purposes, to an ad- 
 joining district in the same county, or to an adjoining 
 district in an adjoining county. Provided, Said pe- 
 titioner shall state under oath that the transfer is for 
 school purposes alone. Provided, further, Where a 
 number of colored children or wards, not exceeding ten, 
 reside in a particular school district, the county court 
 shall have power, upon petition of any person, to trans- 
 fer said colored children or wards of such person to 
 an adjoining district in the same county, or an adjoin- 
 ing district in an adjoining county ; and, also, where a 
 number of white children or wards, not exceeding ten, 
 reside in a particular school district, the county court 
 shall have power, upon the petition of any pers'on, to 
 transfer said white children or wards of such person to 
 an adjoining district in the same county, or an adjoin- 
 ing district in an adjoining county; and said transfers 
 under the last named proviso shall not destroy the 
 
 53 
 
DIGEST OF SCHOOL LAWS. 
 
 legality of such school district, although the number 
 of children be reduced to a number less than thirty-five 
 persons of schol^-stic age ; and said petitioner shall at 
 once notify the county examiner of the county or coun- 
 ties and tlae directors of both districts. Act April 2, 
 1891. See Sec. 7543. 
 
 Sec. 7640. The directors of the district to which 
 such children have been transferred, at the time of the 
 enumeration shall include such children in the district 
 to which they have been transferred, and they shall not 
 be enumerated in the district where they reside. The 
 district school tax of such person shall be added to the 
 school revenues of the district to which he has been 
 transferred and shall not be included in the school 
 revenues of the district where he resides. 
 
 Transfers can be made only into adjoining districts. 
 
 Application for transfer must be made by the person whose chil- 
 dren or wards are to be affected by the same. 
 
 If A transfers his taxes to an adjoining district for school pur- 
 poses, and afterwards moves away, the right of transfer does not 
 hold for the person who may move on the property, formerly occu- 
 pied by A. 
 
 The transfer - ceases when the parent or guardian no longer has 
 children or wards of school age. 
 
 Children over twenty-one year^ of age, or who may attain that 
 age after a transfer has been made by their parents, have no school 
 rights under such transfer. 
 
 Perhaps are not transferred into other school .districts, but their 
 taxes, both personal and real, may "be, and this entitles the children 
 or wards of such persons to school privileges in the district to which 
 transfer is made. 
 
 Sec. 7641. Any person who transfers his child, 
 children or wards and property to any district for edu- 
 cational purposes, shall have the same right to vote in 
 said district for directors and tax as other electors 
 have of the district to which he is so transferred. 
 Where such person is transferred to a district out of 
 his county, the county treasurer of the county wherein 
 he resides, shall open an account with the district to 
 which he is transferred, and his school taxes shall be 
 credited to the same and paid on the warrants of the 
 directors of the district to which he is transferred. 
 Provided, Any person transferring his property and 
 
 54 
 
DIGEST OF SCHOOL LAWS. 
 
 children to an adjoining district, for educational pur- 
 .poses, shall have the right, after having been trans- 
 ferred, or residing therein for thirty days previous to 
 said election, and within the state for one year and in 
 the county six months, and who has paid his poll tax, 
 to vote in said school district, and in no other for 
 directors or tax at said school elections. 
 
 Sec. 7642. Whenever any person or persons 
 transfer from one school district to another school dis- 
 trict across a county line, it shall be the duty of the di- 
 rectors of said district, to which said person or persons 
 have transferred, to allow all qualified electors that 
 have transferred across the county line to vote in said 
 school election the same as if he lived in the same 
 county; and when a tax is levied, the directors shall 
 notify the county judge in the county where said trans- 
 fers live, the amount of taxes levied and the names of 
 all taxpayers who have transferred into said district 
 across the county line, and the county judge shall cause 
 the levy to be made. That it shall be the duty of the 
 collector of taxes to collect the school tax from said 
 person or persons who have transferred and to turn 
 it over to the treasurer of his county and the treasurer 
 shall notify the directors of the school district where 
 said transfer was made, the amount of taxes in his 
 hands to their credit, and said directors shall draw 
 their warrants on said treasury for the same, and he 
 shall pay said warrant to the amount of all in the 
 treasury to their credit in the same manner as if the 
 said directors lived in his county. Any officer willfully 
 violating any of the provisions of this act shall be fined 
 in any sum not to exceed twenty-five dollars ($25.00). 
 
 Sec. 7643. The directors may permit a private 
 school to be taught in the district schoolhouse during 
 such time as the said house is not occupied by a public 
 school, unless they be otherwise directed by a majority 
 of the legal voters of the district. Act December 7, 
 1875, Sec. 77. 
 
 Sec. 7644. The directors shall cause the public 
 schools in their districts to be closed on the days ap- 
 
 55 
 
DIGEST OF SCHOOL LAWS. 
 
 pointed for public examination of teachers in their 
 county, and also cause the said school to be closed dur- 
 ing the session of the teachers' institute. Provided, 
 Said schools shall not be closed for a greater length of 
 time than five days during any one session of not more 
 than five months. Act March 27, 1885. 
 
 By Act XXVII, approved March 5, 1895, so much of this section 
 as relates to public examinations is repealed. Teachers are not now 
 required to attend examinations unless they desire to obtain license 
 to teach. No examination and institute can be held at the same 
 time. Teachers are required to attend one institute annually, and 
 cannot be charged for loss' of time while attending. See Sec. 7652. 
 
 Sec. 7645. Directors and county examiners shall 
 be exempt from working on roads and highways. Act 
 December 7, 1875, Sees. 11-19, as amended hy act March 
 23, 1891. 
 
 Sec. 7646. Any director or other person whose 
 duty it may become, to report to the county court the 
 per cent of tax levied by any school district at an an- 
 nual meeting, and who shall neglect or refuse to do so 
 in the manner and at the time provided by law, shall 
 be liable for all loss which may be sustained by such 
 failure and for all costs, and shall be fined not less 
 than ten nor more than fifty dollars. 
 
 Sec. 7647. Within fifteen days after any special 
 tax shall be voted by a school district at an annual 
 nieeting, it shall be the duty of the directors to fur- 
 nish the county clerk with a certified list of all persons 
 owning property in the district liable to pay such 
 special tax. 
 
 Sec. 7648. Any person whose duty it is to exe- 
 cute Sections 7621, 7647, or 7664, and who shall fail to 
 do so, shall be fined not less than ten nor more than 
 fifty dollars, and the same shall be paid into the county 
 treasury. Act March 11, 1881, Sees. 1, 3 and 9. 
 
 TEACHEES. 
 
 Sec. 7649. Any person who shall teach in a com- 
 mon school in this state, without a certificate of his 
 qualification and his license to teach, shall not be en- 
 
 56 
 
DIGEST OV SCHOOL LAWS. 
 
 titled to receive for such services any "compensation 
 from revenues raised by tax or in any wise appropri- 
 ated for the support of common schools. Provided, 
 If his license expires by limitation during any school, 
 such expiration shall not have the effect to interrupt 
 his school, or to debar his claim against school revenues 
 for the payment of teachers' wages. 
 
 The right to teach is based upon an approved examination. 
 Every teacher must hold a certificate in order to receive school 
 revenue for his services. This includes all assistants. The assistant 
 is a teacher and can only receive compensation lawfully through the 
 directors. No principal can draw a lump salary from the school 
 revenues to pay for either licensed or unlicensed assistants. Each 
 teacher must have a separate contract and draw his separate compen- 
 sation. The treasurer is warranted in demanding the license and 
 the contract before paying any warrant; and if such contract discloses 
 the fact that the warrant is drawn to cover the salary of an unlicensed 
 teacher, it should not be paid. See Sections 7628, 7627, and 7615. 
 
 The teacher must have a living license on the day he begins 
 the actual work of teaching. Having begun his school lawfully he 
 may finish it, although his license expires before the end of his term, 
 but if a vacation occur, the teacher must secure a license before re- 
 suming the school; neither is a teacher authorized to teach a school 
 on a license that expires a few days after his school has begun. 
 
 If directors employ a teacher who has not a certificate, as* re- 
 quired by law, and the treasurer knows the fact, even if the directors 
 issue a warrant, the treasurer should not pay it. 
 
 If a teacher teaches for a while without a certificate and then 
 gets one, the directors cannot pay for the time taught without a 
 certificate. Neither can they pay him indirectly for such time by 
 hiring him over at an advance in salary sufficient to make up for 
 the time taught before he got a certificate. Public officers must not 
 do indirectly what the law forbids them to do directly. 
 
 All assistant teachers, substitute teachers, special teachers of 
 writing, etc., included, in the public schools, must have certificates 
 of qualification from the county examiner — there is no exception to 
 the emphatic requirements of the law in respect to certifiCjates. 
 
 This opinion is grounded upon the plain object of the legislature 
 in requiring teachers to possess certificates; which can be none 
 other than to secure the employment of teachers of approved charac- 
 ter and ability — a consideration of quite as much moment in the 
 case of assistant teachers as any other. 
 
 It is held that the superintendent of city and village schools be- 
 longs to the teaching force, and should, therefore, have a certificate 
 o^ qualification in drder that he may draw his pay. 
 
 When the directors persist, in violation of law, in retaining a 
 teacher who does not hold a certificate, any taxpayer or patron of 
 the school would be entitled to an injunction to restrain the teacher 
 or board from continuing the school. 
 
 57 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7650. Every teacher shall keep a daily reg- 
 ister of his school in the manner prescribed by law, and 
 indicated by the blank school register to be furnished 
 by the directors at the commencement of the school. 
 
 Directors cannot make the reports required by law without the 
 information contained in this register, and they should exact rigidly 
 a compliance with the requirements of this section. No teacher 
 should be given a warrant for his last month 's salary until this reg- 
 ister is completed for the term. 
 
 Sec. 7i651. It shall be the duty of each teacher to 
 leave in his school register a complete record of the 
 various grades in his school, indicating the amount of 
 work done by each student during the session and the 
 position of each student at the close of the school term. 
 
 Sec. 7652. It shall be the duty of only such teach- 
 ers as desire to be examined for license to teach in the 
 public schools in any county to attend any public 
 examination for teachers of said county. 
 
 Sec. 7653. It shall be the duty of all the teachers 
 of the public schools ta attend one institute annually, 
 which shall be held by the county examiner, after hav- 
 ing given twenty days ' notice of the time and place of 
 the institute in the same manner as is now required by 
 law for quarterly examinations. No institute and 
 quarterly examination shall be held at the same time. 
 No teacher, when attending a quarterly examination, 
 or an institute, shall be Charged for loss of time while 
 necessarily absent from his school to attend such 
 examination or institute. 
 
 Approved March 5, 1895. 
 
 The law requires each examiner to hold at least one institute 
 annually. Teachers are expected to attend the same. Due notice 
 should be given them of the institute, and, in case they fail to attend, 
 it is within the power of the examiner to revoke their license, pro- 
 vided opportunity is given the teachers to appear before the exam- 
 iner and show cause why they did not attend. Eeasonable excuses 
 .should of course have their weight with the examiner, though he is 
 to be the judge of their reasonableness; and, if he act in good faith 
 in the revocation of a license, he will not be held liable under the 
 law for any damage that may result in consequence of such revoca- 
 tion. 
 
 58 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7654. No teacher employed in any of the 
 common schools shall permit sectarian books to be 
 used as a reading or text-book in the school under his 
 care. 
 
 The law leaves the discretion of reading or not reading the Bible 
 with the school boards, and the courts have uniformly refused to re- 
 strain, coerce or interfere with this discretion. 
 
 Sec. 7655. Any teacher who shall have complied 
 with the provisions of this act shall be paid from the 
 first money received into the county treasury to the 
 credit of the district ; and his claim shall not be super- 
 seded by any subsequent claim; and no money in the 
 county treasury belonging to any district shall, so long 
 as there is any such claim filed against the said dis- 
 trict, be applied to any purposes whatever other than 
 the payment of teachers' wages. Act Decem^ber 7, 
 1875, Sees. 80-84. See Sec. 7661. 
 
 Sec. 7656. No teacher shall be entitled to the last 
 month's pay for any school taught by him until he 
 shall have returned to the directors of the district in 
 which such school was taught the daily register 
 furnished him, with all statistical work which teachers 
 are by law required to perform, perfected and com- 
 plete, and no director shall otherwise issue an order 
 for such last month's pay. Act March 11, 1881, Sec. 4. 
 
 Sec. 7657.. Any person who shall wilfully destroy 
 or injure any building used as a schoolhouse, or for 
 other educational purposes, or any furniture, fixtures 
 or apparatus thereto belonging, or who shall deface, 
 mar or disfigure any such building, furniture or fix- 
 tures, by writing, cutting, painting or pasting thereon 
 any likeness, figure, words or device, without the con- 
 sent of the teacher or other person having control of 
 such house, furniture or fixtures, shall be fined in a sum 
 double the value of any such building, furniture, fix- 
 tures or apparatus so destroyed, and shall be fined a 
 sum not less than ten nor more than fifty dollars for 
 each offense for writing, painting, cutting or pasting 
 
 59 
 
DIGEST OF SCHOOL LAWS. 
 
 in any such building, furniture or fixtures any such 
 words, figures, likeness or device, to be recovered by 
 civil action in any court of competent jurisdiction ; and 
 the punishment provided in this section is in addition 
 to, and not in lieu of, the punishment provided by the 
 statutes for such offenses. Act December 7, 1875, 
 Sec. 86. 
 
 Sec. 1923. To cut, write upon, deface, disfigure 
 or damage any part or appurtenance or the inclosure 
 of the statehouse, or any other building belonging to 
 the state, or any church or schoolhouse, or other public 
 building, or to any citizen of this state, when not oc- 
 cupied, shall be a misdemeanor punishable by a fine 
 not exceeding one hundred dollars. 
 
 DISTURBANCE OF SCHOOL. 
 
 Sec, 1927. If any parent, guardian or other per- 
 son, from any cause, fancied or real, visit any school 
 and insult any teacher in the presence of his pupils, 
 the person offending by such conduct shall be liable 
 to a fine of twenty-five dollars. Act December 7, 1875, 
 Sec. 85. 
 
 Sec. 1928. Any person or persons who shall, by 
 any boisterous or other noisy conduct, disturb or annoy 
 any^public or private school in this state, or any person 
 not a student who, after being duly notified to keep off 
 the school grounds during the school hours by the 
 board of directors or the superintendent or principal 
 teacher in charge of any such school, shall continue to 
 trespass or go upon said grounds, whether at recess or 
 during the sessions of said school, shall be guilty of a 
 misdemeanor, and upon conviction shall be fined in any 
 sum not exceeding one hundred dollars. Act February 
 16, 1892, Sec. 2. 
 
 SCHOOL WAEKANTS— DISBURSEMENTS OP FUNDS, ETC. 
 
 Sec 7658. It shall be unlawful for county collec- 
 tors and treasurers to purchase or otherwise be the 
 owners of or interested, directly or indirectly, in any 
 
 60 
 
DIGEST OF SCHOOL LAWS. 
 
 school warrants issued by any school director of the 
 county in which they reside. 
 
 Sec. 7659. The district school tax in each county 
 may be payable and receivable in the warrants drawn 
 by the directors of the school district in which a school 
 tax may be levied by the county court. 
 
 Sec. 7660. It shall be the duty of the county treas- 
 urer of each county to keep in his office a suitable and 
 well bound book, in which he shall register by number 
 and in the order of prese'ntatioli all district school war- 
 rants that may be presented to him; this registration, 
 to be made before the warrant is paid, and it shall 
 show the date of presentation of the warrant, by whom 
 drawn, on what district and in whose favor, and for 
 what purpose drawn, the amount and date of the war- 
 rant, date of payment, and to whom paid; and said 
 book shall at all times be subject to the inspection of 
 any taxpayer. 
 
 Sec. 7661. It shall be the duty of the county treas- 
 urer, immediately upon the receipt by him of any 
 school funds, to give notice of the amount and kind of 
 funds received, and from what source received, by writ- 
 ten or printed notice put up in two public places in 
 each and every school district and at the courthouse 
 door, and the funds so received shall be paid out on the 
 warrants registered in accordance with the provisions 
 of the preceding section. As amended by act of April 
 17,1899. See Sec. 7552. 
 
 Sec. 7662. Any officer failing to comply with the 
 requirements of this act, for each and every offense 
 shall be subject to indictment, and, if found guilty, 
 shall be punished by a fine of not less than five hun- 
 dred dollars and by confinement in the penitentiary of 
 the state for a period not less than three n6r more than 
 twelve months. 
 
 » 
 
 Sec. 7663. Any director who shall fraudulently 
 issue any school warrant shall be guilty of a misde- 
 meanor, and, upon conviction, shall be subject to the 
 
 61 
 
DIGEST OF SCHOOL LAWS. 
 
 penalties enumerated in the preceding section. Act 
 May 27, 1874. 
 
 Sec. 7664. The county treasurer shall, on or be- 
 fore the tenth day of August each year, forward to 
 the superintendent of public instruction a certified 
 statement showing the amount, in kind, of public school 
 funds received by him; from what sources they were 
 received; how and for what purposes they have been 
 disbursed, and what amount, in kind, remains in the 
 treasury. See Sec. 7648. 
 
 Sec. 7665. The order of any. board of directors, 
 properly drawn after the passage of this act, other 
 than those of single school districts in cities and towns, 
 shall be presented to the treasurer of the proper county 
 within sixty days after it was drawn by the said board 
 of directors. AH such orders shall be paid in the order 
 of tLeir presentation. Provided, That this act shall 
 not apply to warrants issued prior to May 1, 1899. 
 As amended by act of April 17, 1899. 
 
 Sec. 7666. If there are no funds with which to 
 pay such order, the treasurer shall indorse the same: 
 "Not paid for want of funds," giving the date and 
 signing his name officially. He shall number and re- 
 cord each warrant in the book provided for such pur- 
 pose, keeping a separate record for each district, and 
 shall pay said warrants in the order of their number. 
 Act March 21, 1885, Sec. 2. 
 
 Sec. 3509. He (the county treasurer) shall be 
 allowed, as commissions on the aggregate amount of all 
 the school funds of the county coming into his hands 
 in any one year, the rate of two per cent and no more. 
 Provided, That if any county treasurer shall have 
 taken commissions from any particular school fund, 
 the same fund shall not be subject to commissions in 
 the hands of his successor in office. As amended by 
 act of March 12, 1895. 
 
 62 
 
DIGEST OF SCHOOL LAWS. 
 
 VIOLATION OF SCHOOL LAWS— DUTY OF PEOSEOUTING 
 ATTORNEYS. 
 
 Sec. 7667. The prosecuting attorney of each judi- 
 cial district shall, upon being satisfied that any viola- 
 tion of the school laws of this state has been committed 
 by any officer or person, in any county of his district, 
 which renders such officer or person so offending liable 
 to any fine, pain, penalty or forfeiture for damage 
 without delay, institute in any court of competent ju- 
 risdiction such proceedings as are necessary to bring 
 such offiender to trial, and secure to the county, school 
 district, or person damaged by such violation, the ben- 
 efits and reliefs to which each or any of them may be 
 entitled ; and for such services the prosecuting attorney 
 shall be allowed the same compensation as he is allowed 
 in cases of misdemeanor, which shall be assessed 
 against such offender as cost. Act March 11, 1881, 
 Sec. 10. 
 
 SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
 CITIES AND TOWNS. 
 
 Sec. 7668. Any incorporated city or town in this 
 state, including the territory annexed thereto for 
 school purposes, may be organized into and estab- 
 lished as a single school district in the manner and with 
 the powers hereinafter specified. Act February 4, 
 1869, Sec. 1. 
 
 In the case of Beavers v. State, 60 Ark., 124, it is held that the 
 territory, which was included with the incorporated city or town in 
 a common school district prior to its formation into a single school 
 district, is not by the act or organization included therein, and can 
 only be so included by annexation as provided for in Section 7113. 
 
 Sec. 7669. Upon the written petition of twenty 
 voters of such city or town, praying that the sense of 
 the legal voters of said city or town may be taken on 
 the adoption of this act for the regulation and gov- 
 ernment of the public schools therein, it shall be the 
 duty of the mayor of such city or town, within five days 
 after the presentation of such petition, to designate 
 knd fix a day, not less than seven nor more than fifteen 
 days distant, for holding an election in said city or 
 
 63 
 
DIGEST OF SCHOOL LAWS. 
 
 town for that purpose and also for the election by bal- 
 lot, at the same time, of a board of six school directors 
 for said city or town. 
 
 Seo. 7670. The mayor shall cause notice of said 
 election to be given by posting notices in at least five 
 public places in said city or town, and by one insertion 
 in such newspapers as may be published in said city or 
 town. The electors of said election desiring to vote in 
 favor of the adoption of this act shall have written or 
 printed on their ballots, "For the school law," and 
 those opposed thereto shall have written or printed on 
 their ballots, "Against the school law;" if a majority 
 of the ballots cast at said election shall be ' ' For school 
 law," then, and in that case only, shall such city or 
 town be deemed and held to be a single school district 
 under and in pursuance of this act, and the directors 
 voted for and elected at said election shall qualify and 
 enter upon the discharge of their duties as hereinafter 
 provided. Ih., part Sec. 2. 
 
 The preceding sections are to determine whether the special 
 act for the regulation of public schools in cities and towns shall be 
 adopted. They are preliminary to organization. They require the 
 following modus operandi: 
 
 1. A written petition of twenty voters asking that the sense 
 of the legal voters be taken on the adoption of the act. 
 
 2. The mayor must fix within five days from the presentation 
 of said petition a day for said election. 
 
 3. Said election shall not be less than seven nor more than 
 fifteen days from the date of the proclamation. 
 
 4. Said election shall also determine by ballot a board of six 
 directors. 
 
 5. The mayor must promulgate the election notices by posting 
 and printing should there be a paper. 
 
 6. The electors must vote by ballot and as prescribed. 
 
 7. A majority of. all the votes cast are necessary to make said 
 city or town a single school district. 
 
 The following act provides how all vacancies on boards in spe- 
 cial school districts are filled: 
 
 » 
 
 Sec. 7671. On the third Saturday in May, 1893, 
 and annually thereafter, an election shall be held at the 
 usual voting place in each ward of all incorporated 
 towns and cities heretofore organized into single or 
 special school districts, for the election of two directors," 
 
 64 
 
DIGEST OF SCHOOL LAWS. 
 
 who shall serve for three years, and until their suc- 
 cessors are elected and qualified. The ballot of the 
 voter, in addition to the names of the persons voted for 
 as directors, shall have written or printed on it the 
 words ' ' for tax, " " against tax, ' ' and the rate the voter 
 desires levied. Provided, In incorporated towns and 
 cities of the second class, the election may be held at one 
 or more of the voting places therein, and not in each 
 ward, if the board of directors shall so direct by notice 
 posted in three public places in said city or town ten 
 days before the election designating the place or places 
 at which said election shall be held. 
 
 Sec. 7672. When any special school district has 
 been organized as provided by law, the board of direc- 
 tors shall give notice of each annual election at least 
 fifteen days previ6us to such election, by posting 
 notices in at least five public places in said district. 
 
 Sec. 7673. Said election shall be held by the 
 judges appointed to hold the municipal elections in 
 said city or town next preceding the said election, for 
 the ward or wards in which said election may be held. 
 The judges at each voting place shall appoint two 
 clerks, and each judge and clerk shall take the oath 
 required by law, and shall receive for their services 
 the sum of one dollar each, to be paid out of the school 
 fund of the district on the order of the board of 
 directors. 
 
 Sec. 7694. The judges shall cause the polls to be 
 opened at nine o 'clock and closed at sunset. 
 
 Sec. 7675. If any of the regular judges shall fail 
 to appear at ten o 'clock, the assembled voters, not less 
 than ten in number, shall select other judges in their 
 places. 
 
 Sec. 7676, If the election shall be held in all the 
 wards of the city or town, each voter shall vote in the 
 ward where he resides. Provided, Voters residing in 
 any part of the district not embraced in any ward may 
 vote at any place they may deem most convenient. 
 
 65 
 
DIGEST OF SCHOOL LAWS. 
 
 Sec. 7677. The returns of said election shall be 
 made to the county clerk, who shall forthwith deliver 
 a certificate of election to each of the persons elected 
 directors. 
 
 Sec. 7678. He shall also declare the result of the 
 votes for and against tax, and certify the same to the 
 county court on the first day of the term fixed by law 
 for levying county taxes; and the rate of taxes so 
 certified shall be levied by the court as other school 
 taxes. 
 
 Sec. 7679. Each person elected director shall take 
 the oath of office within five days after receiving 
 a certificate of election, which shall be filed with the 
 county clerk, and thereafter during his term of office 
 no further oath nor affidavit shall be required of him 
 in the discharge of his official duties. 
 
 Sec. 7680. The provisions of chapter 57 shall 
 have no application to the elections herein provided for. 
 Act April 10, 1893, Sees. 1-7. 
 
 Sec. 7681. Said board of directors shall organize 
 by choosing from their own number a president and sec- 
 retary, who shall hold their offices until the last Satur- 
 day in May, and aimually, on that day, said board shall 
 meet and elect from their number a president and sec- 
 retary. Act March 21, 1885, Sec. 2. 
 
 Sec. 7682. If the office of director in any special 
 school district shall become vacant, th^ remaining di- 
 rectors of said district shall elect a director to fill such 
 vacancy, who shall serve until the next annual election 
 for school directors, at which time all vacancies shall 
 be filled by the electors for the unexpired term. 
 
 Sec. 7683. Said board of directors shall hold a 
 regular meeting on the last Saturday in each month, 
 and may hold stated meetings at such other times and 
 places in said district as they may appoint; four mem- 
 bers of said board shall constitute a quorum, but a less 
 number may adjourn from time to time ; special meet- 
 ings thereof may be called by the president, or by any 
 two members of the board, on giving one day's notice 
 
 66 
 
DIGEST OP SCHOOL LAWS. 
 
 of the time and place of the same, and, in case of the 
 absence of the president, a president pro tempore shall 
 be chosen. The office of any member of said board, as 
 such, who shall, without good cause, fail to attend three 
 consecutive monthly or stated meetings of said board, 
 may be declared vacant by the board. The board may 
 make rules and regulations for their own government 
 and for the dispatch and regulation of the school busi- 
 ness and the affairs of the district, not Inconsistent with 
 law. Act February 4, 1869, Sec. 4. 
 
 Sec. 7684. Said board of directors shall have 
 power to purchase or lease schoolhouse sites, to build, 
 hire or purchase schoolhouses, and to keep ia repair 
 and furnish the same with the necessary seats, desks, 
 furniture, fixtures, and fuel, and to insure the same; 
 to fence the school grounds, erect outhouses, provide 
 wells, and make all other improvements on the school- 
 house grounds and schoolhouses belonging to said dis- 
 trict necessary and proper for the comfort, convenience 
 and health cd the scholars, and the preservation of said 
 property; to hire teachers for all public schools of the 
 district, employ a superintendent of schools who may 
 also be principal of any graded or high school that said 
 board may establish; to provide books and apparatus 
 for the schools, and the necessary blank books and 
 stationery for the board, and school registers and the 
 blanks for the teachers; to establish and maintain a 
 sufficient number of primary, graded or high schools to 
 accommodate all the scholars in said district ; to deter- 
 mine the branches to be taught and the text-books to be 
 used in the several schools of the district; to admit 
 pupils not belonging to the district on such terms as 
 they may agree upon with the parents or guardians of 
 said pupils, or the district from whence they came ; to 
 appoint a board of three visitors and examiners for the 
 schools of the district, which board shall examine per- 
 sons applying to teach in any of the schools of said 
 district; Provided, No teacher shall be employed who 
 does not hold a certificate from the state superintendent 
 or county examiner ; to examine, from time to time, the 
 books and accounts of the county treasurer, so far as 
 
 67 
 
DIGEST OF SCHOOL LAWS. 
 
 the same relate to the several school funds belonging 
 to the district; and when, in the opinion of a majority 
 of the members of said board, the best interests of the 
 district demand a sale or exchange of any real estate 
 or schoolhouse site belonging to the district, they may 
 sell or exchange the same, the deed therefor to be 
 executed by the president of the board upon a niajority 
 vote of the whole board of directors authorizing and 
 directing such sale or exchange. 76., Sec. 5. 
 
 This section does not authorize the directors to substitute their 
 examination for that of the examiner. The examiner's rights are su- 
 perior to those of the directors. He should examine under his oath, 
 and license or refuse to license as his judgment decides, and is not 
 accountable to any board of directors. Nor should he hold his exami- 
 nation in connection 'with the examination of the board. His work 
 should be entirely separate from their work. They have the right to 
 examine, but not to interfere in any particular with the examiner's 
 work. 
 
 Removal of a Teacher for Incompetency. 
 
 •Under Sections 7684 and 7685, which enjoin the board of school 
 directors to hire suitable teachers; to enforce all necessary rules for 
 the government of teachers and pupils; and to visit the schools and 
 observe the discipline and progress of the pupils, the board has the 
 power to remove a teacher for incompetency and for immorality; and 
 the fact that the teacher has been duly licensed by the county exam- 
 iner, and that the latter has failed to revoke the license as he is 
 empowered to do by Section 7573, is not conclusive to the board as to 
 competency or morality of the teacher. The fact that the board has 
 tolerated the teacher's misconduct and inefficiency for a time does not 
 operate as a waiver of its right to discharge him therefor, as the 
 teacher's undertaking to perform his duty in a moral and skillful 
 manner is assumed for the benefit of the schopl, its pupils and patrons, 
 and not for the benefit of the board. School District of Fort Smith 
 v. Maury, 53 Ark., 471. 
 
 Sec. 7685. It shall be the duty of said board, as 
 soon as the means for that purpose can be provided, to 
 establish in said district an adequate number of pri- 
 mary schools, so located as best to accommodate the 
 inhabitants thereof; and it shall be the further duty 
 of said board to establish in said district a suitable 
 number of other schools of a higher grade or grades, 
 wherein instruction shall be given in such studies as 
 may not be provided for in the primary schools; the 
 number of schools, the grades thereof, and the branches 
 to be taught in each and all of said schools to be deter- 
 mined by said board. It shall be the duty of said 
 board to keep said schools in operation not less than 
 
 68 
 
DIGEST OF SCHOOL LAWS. 
 
 three nor more than ten months in each year. The said 
 board shall have power to make and enforce all nec- 
 essary rules and regulations for the government of 
 teachers and pupils in said schools. Said board shall 
 also, separately or collectively, together with such per- 
 sons as they may appoint or invite, visit the schools in 
 the district at least twice in each year, and observe the 
 discipline, mode of teaching, progress of the pupils, 
 and see that the teachers keep a correct register of the 
 pupils, embracing the periods of time during which 
 they attend school, the branches taught, and such 
 other matters as may be required by law or by the 
 instructions of the state superintendent. Ih., Sec. 6. 
 
 Sec. 7686. No draft or warrant shall be drawn 
 on the county treasurer, except in pursuance of an 
 order of said board; all drafts or warrants on the 
 treasurer shall be signed by the president, or president 
 pro tempore, and the secretary, and shall specify the 
 fund on which they are drawn and the use for which 
 the money is assigned. lb., Sec. 8. See Sec. 7083. 
 
 Sec. 7687. The secretary shall record all the pro- 
 ceedings of the board in books kept for that purpose ; 
 shall make and preserve copies of all reports required 
 by law to be made to the state superintendent of public 
 instruction or county examiner; shall file all papers 
 transmitted to him pertaining to the business of the 
 district; shall make, or cause to be made, the annual 
 enumeration of the youth of the district in the time 
 and manner required by law of school directors, and 
 shall perform such other duties as the board of direc- 
 tors may order and direct ; and for his services may be 
 allowed reasonable compensation, to be audited and 
 allowed by a majority of said board. The other mem- 
 bers of said board shall receive no compensation for 
 their services. lb.. Sec. 9. 
 
 Sec. 7688. The title of all real estate and other 
 property belonging, for school purposes, to any city or 
 town organized into a separate school district under 
 this act, shall vest, and hereby is vested, in said city or 
 town, as a school district, and shall be under the man- 
 
 69 
 
agement and control of the board of school directors 
 for said district as fully and completely as other school 
 property belonging to said district. lb., Sec. 10. 
 
 Sec. 7689. All school districts formed under and 
 governed by this act shall be known by the name of 
 the city or town constituting the district, with the 
 words "School District of" prefixed thereto (as, for 
 example, "School District of Little Rock"); and by 
 such name, may sue and be sued, contract and be con- 
 tracted with, purchase, acquire, hold and sell property, 
 receive gifts, grants and bequests, and generally shall 
 possess and enjoy all the corporate powers usually 
 possessed by bodies corporate of like character. The 
 style of the board of directors for school districts under 
 this act shall be "Board of School Directors." lb., 
 Sec. 11. 
 
 Sec. 7690. The board of school directors of any 
 district organized under this act shall pay and dis- 
 charge all debts and liabilities lawfully incurred by the 
 several school districts existing under previous law 
 and embraced in the district organized under this act. 
 lb.. Sec. 12. 
 
 Sec. 7691. Any person elected a director under 
 the provisions of this act who shall fail to take the oath 
 of office and qualify as hereiu required, or who, after 
 qualifying as such director, shall fail to perform and 
 discharge the official duties incumbent upon him as a 
 director, shall be liable to the same penalties that now 
 are or may be hereafter provided by law against di- 
 rectors of school districts for failing or refusing to 
 qualify or for neglect of official duty. lb.. Sec. 13. 
 
 Sec. 7692. The board of directors may fix the 
 term of office and define the duties of the board of 
 visitors and examiners of the public schools in their 
 district, and any person appointed by the board of 
 directors a member of said board of visitors and exam- 
 iners who shall refuse to act as such, and discharge the 
 duties pertaining to such position, shall forfeit and pay 
 to said district the spm of twenty-five dollars, to be 
 recovered in civil action in the name of said district, 
 
 70 
 
DIGEST or SCHOOL LAWS. 
 
 and added to the teachers' fund belonging to said dis- 
 trict. Provided, No person shall be compelled to serve 
 in that capacity more than three consecutive years. 
 Said board of visitors and examiners shall receive no 
 compensation for their services. Ih., Sec. 14. 
 
 Sec. 7693. All school districts organized under 
 this act shall have and receive their full proportion 
 and distributive share of the general school fund of 
 the state, in the same planner and according to the same 
 rule as it is or may be apportioned to other districts. 
 Ih.,Sec. 15. 
 
 Sec. 7694. It shall be the duty of the state super- 
 intendent and county examiners to make such sugges- 
 tions and recommendations to the board of directors 
 m relation to organizing and conducting the public 
 schools in the districts organized under this act as they 
 shall deem important. 
 
 Sec. 7695. The provisions of the general school 
 laws of the state which are now or may hereafter be in 
 force, when not inapplicable, and so far as the same are 
 not inconsistent with and repugnant to the provisions 
 of this act, shall apply to districts organized under this 
 act; and such provisions of said laws are inconsistent 
 with and repugnant to the provisions of this act and 
 inapplicable to districts organized thereunder, shall 
 have no operation, force or effect in such districts. 
 The county court shall annex contiguous territory to 
 single school districts under the provisions of this act 
 when a majority of the legal voters of said territory 
 and the board of directors of said single district shall 
 ask, by petition, that the same shall be done. Ih., Sees. 
 16 and 17. 
 
 MAY BOREOW MONEY. 
 
 Sec. 7696. All special free school districts in the 
 state of Arkansas are hereby authorized and empow- 
 ,,^red, for the purpose of raising funds for the erection 
 and equipment of necessary school buildings, to borrow 
 money and mortgage the real property of the' district 
 as security therefor, under such conditions and regula- 
 
 71 
 
DIGEST OF SCHOOL LAWS. 
 
 tions as to amount, time and manner of payment as the 
 board of directors of said school district shall prescribe, 
 and renew and extend from time to time any evidence 
 of indebtedness or mortgage, or boj;h, issued or made 
 by virtue hereof. 
 
 Sec. 7697. Said evidence of indebtedness, whether 
 warrants or promissory notes, or both, shall be in form 
 in all respects as other instruments of like kind are re- 
 quired by law to be, and shall have the same force and 
 effect as they would have if executed by natural per- 
 sons, and the warrants shall have the same validity 
 as they would have if there were money in the county 
 treasury to pay the same at the time they were drawn, 
 and may be drawn payable in the future and need not 
 be registered with the county treasury till the time for 
 payment, but shall be drawn upon the building fund and 
 paid out of it in the order of their date as the building 
 fund is provided and collected by successive levies and 
 collections, and said school district shall be allowed in 
 law or equity no defense merely by reason of the fact 
 that it is a school district. 
 
 Sec. 7698. Nothing in this act shall be so con- 
 strued as to prevent or cut off from such school district 
 any right in law or equity which a natural person might 
 claim and assert under like circumstances ; and in any 
 action by or against said district arising on any instru- 
 ment or contract made under this act, the district shall 
 as far as practicable be decreed and treated as !a 
 natural person. 
 
 II. SCHOOL LANDS. 
 
 Sec. 7700. Whenever the inhabitants of any con- 
 gressional township in this state shall desire the sale of 
 the sixteenth section of such township, or of any lands 
 substituted therefor,, or any which have or may be 
 mortgaged to the state of Arkansas for the use of the 
 school fund, which after foreclosure and sale have been 
 stricken off to the state of Arkansas, they may, by 
 written petition, signed by a majority of the male 
 
 72 
 
DIGEST OF SCHOOL LAWS. 
 
 inhabitants of such township, require the collector of 
 taxes of the county wherein such land is situated to 
 sell the same. Act April 14, 1893. 
 
 Sec. 7701. Upon the reception of such petition, 
 the collector shall ascertain that it is signed by a ma- 
 jority of the male inhabitants of such township and shall 
 immediately proceed to divide the land into 40-acre 
 tracts, and after making such division, a statement or 
 plat of same and a number of each tract shall. be made 
 so that the boundaries may be defined and ascertaiiied, 
 which statement or plat of the sections shall be used as 
 a guide in advertising and selling said lands. Provided, 
 The collector may, when! necessity requires it, call the 
 county surveyor of his county •to assist in such survey 
 and division, and he shall be allowed and paid out of 
 the funds arising from the sale of such school lands by 
 said collector such compensation as he is allowed by 
 law for similar services, and the receipt of such sur- 
 veyor to said collector shall be a sufficient voucher for 
 the money so paid. 
 
 Directors can confer no authority to cut timber on school lands, 
 and one who does so by their authority, under an agreement with 
 them to pay the value, commits a trespass for which he may be sued 
 by the state. Widner v. State, 49 Ark., 172. The legal title to school 
 lands is in the state, and a school district cannot maintain an action 
 for such lands. lb.; School District v. Driver, 50 Ark., 346. See 
 State V. Morgan, 52 Ark., 150. 
 
 Sec. 7702. In subdividing the sixteenth section 
 lands for sale, no tract shall contain more than forty 
 acres, and the division may be made into town or city 
 lots with roads, streets or alleys between them. 
 
 Sec. 7703. The collector shall cause each tract or 
 subdivision of such school land to be appraised at a 
 fair value by three disinterested householders of the 
 county, each of whom shall take an oath which shall be 
 indorsed upon the appraisement that he does not de- 
 sire or intend to buy said land or any part thereof, and 
 that he will not directly or indirectly be or become in- 
 terested in the purchase thereof at the sale to be made 
 by the collector; such appraisement shall be returned 
 to the collector. 
 
 73 
 
BiaEST OF SCHOOL LAWS. 
 
 Sec. 7704 When any sheriff in any county in this 
 state shall summon any householder to view and ap- 
 praise any sixteenth section lands, as is now provided 
 by law, said appraisers shall receive for their services 
 the sum of one dollar and fifty cents per day for each 
 day they are engaged in such service ; and it is hereby 
 made the duty of the sheriff to certify to the county 
 court the number of days that appraisers shall have 
 been detained on or by reason of such services, which 
 certificates shall be sufficient evidence for the auditing, 
 allowance and payment of said claim by said county 
 court. 
 
 Sec. 7705. The collector shall then give notice 
 that he will sell said achool lands at the courthouse 
 door of the county on the first day of the next term of 
 the county court upon the terms prescribed by law"; 
 such notice shall be published in some newspaper pub- 
 lished in the county where the land is situated at least 
 four weeks before the day of the sale. If there be no 
 newspaper published in said county, then the collector 
 shall post up written notices in at least six of the most 
 public places of the county four weeks before the day 
 of the sale. 
 
 The collector shall also in either case put up a copy 
 of the notice upon the schoolhouse situated on the land, 
 if there be one thereon ; if not, at the most public place 
 on the land. 
 
 Sec. 7706. Upon the day of the sale the collector 
 shall offer the lands at public auction in separate sub- 
 divisions, beginning with number one and ending with 
 the last mentioned division. Such sale shall be made 
 between the hours of 12 m. and 3 p. m., but may be con- 
 tinued from day to day at the same place and between 
 the same hours until all have been sold or offered. The 
 sale shall be made for cash. If any bidder shall fail to 
 perfect his bid by paying the cash, the collector shall 
 immediately resell the land and the bidder shall be re- 
 sponsible for the difference between his bid and the 
 price at which the land sold, which may be recovered 
 from him by the collector in action for the use of the 
 
 74 
 
DIGEST OF SCHOOL LAWS. 
 
 township, and th,e collector shall, if necessary, at once 
 institute suit against such bidder to recover the amount 
 of difference between his bid and the price at which the 
 land sold. No tract or such division shall be sold for 
 less than three-fourths of its appraised value. Pro- 
 vided, No tract or subdivision of the sixteenth section 
 lands shall be sold at a less price than one dollar and 
 twenty-five cents per acre. If any tract offered is not 
 sold it may be offered again upon like notice, upon the 
 first day of the next, or any succeeding term of the 
 county court, and so on until sold,- without a new 
 petition. 
 
 Sec. 7707. The collector shall, without delay, re- 
 port all sales to the count ycourt, which may reject or 
 confirm the same. If any sale, be rejected, the county 
 court may direct the collector to again advertise and 
 offer the land, and may specify the minimum price at 
 which the tract or tracts may be sold, not to be less 
 than two-thirds of its appraised value. Provided, No 
 tract or subdivision of the sixteenth section lands shall 
 be sold at a less price than one dollar and twenty-five 
 cents per acre. If the sale be confirmed by the county 
 court the collector shall execute and deliver to the 
 purchaser a certificate in the following form : 
 
 I, collector in and for the county 
 
 of. .'. , state of Arkansas, certify that..., 
 
 has purcj|ased of section , in township 
 
 , range , containing. acres 
 
 at. dollars per acre, and has paid to me in full 
 
 the sum of dollars. The expense of the 
 
 sale was : 
 
 Cost of advertismg, $ 
 
 Cost of order of confirmation, $ 
 
 Cost of rejection of prior sale, $ 
 
 Surveyor's fee (if any), $ 
 
 Collector's commission, per cent, $ 
 
 Leaving a net balance of $ in my hands 
 
 due the sixteenth (16) section fund account of this 
 county. 
 
 Now, therefore, upon the presentation of this cer- 
 tificate to the commissioner of state lands, the said 
 
 75 
 
DIGEST OF SCHOOL LAWS. 
 
 his heirs or assigns, shall be entitled to a deed from 
 said commissioner of state lands for the tract or land 
 above described" 
 
 Collector of. county. 
 
 In all cases proper orders of confirmation or rejec- 
 tion shall be entered on record by the county court. 
 
 Sec. 7708. Out of the money received by the col- 
 lector for the sale or sales of the sixteenth section 
 lands, he shall pay the cost of advertising, cost of con- 
 firmation order, cost of rejection of sale (if any), sur- 
 veyor's fees (if any), and he may retain for his ser- 
 vices two per cent of the gross amount received by him 
 for the sale of such land; the residue of the money 
 received for- the sale of said land, after deducting the 
 expenses as are above provided for, he shall at once 
 transmit to the treasurer of state (who shall place the 
 amount to the credit of the county's sixteenth section 
 fund to which it rightfully belongs). See Sec. 7127. 
 
 Sec. 7709. The county clerks of the several coun- 
 ties in this state shall examine carefully and closely 
 the tax books of their respective counties and ascertain 
 what person or persons are paying taxes on any part 
 or parts or the whole of the sixteenth section lands, 
 and it shall be the further duty of the county clerks 
 after ascertaining from the tax books the names of any 
 person or persons paying taxes on any of th#sixteenth 
 section lands, and the number of said lands, to examine 
 the record of deeds and find by what authority and 
 whether any title or titles vest in said person or per- 
 sons in whose name or names said lands are assessed, 
 and shall on or before the first Monday in September, 
 eighteen hundred and eighty-five, make and forward to 
 the commissioner of state lands a full and complete 
 statement of the exact status and condition of all of the 
 sixteenth section lands in their respective counties. 
 The county clerks shall be allowed the sum of forty dol- 
 lars each for their services in making this report, and 
 it shall be paid to them by their respective counties. 
 
 76 
 
DIGEST OF SCHOOL LAWS. 
 
 Skc. 7710. The county clerks of the several coun- 
 ties in this state shall keep in a well hound book, pro- 
 vided for that purpose, correct and accurate accounts 
 with each and every township in their several counties, 
 which may be entitled to any of the funds under this 
 act, and shall immediately after each and every sale 
 of any part of said sixteenth sections certify to the 
 auditor of state the amount of moneys received by such 
 collectors on account of such sales, and the auditor 
 shall thereupon charge the sum to such collector. 
 
 Sec. 7711. A neglect, failure or refusal by any 
 county clerk to perform any and all duties enjoined 
 upon him by the provisions of this act, shall be deemed 
 a misdemeanor, and, upon conviction thereof, such 
 clerk shall be fined in any sum not less than one hun- 
 dred dollars, nor more than five hundred dollars, for 
 each offense, and may be removed from office. 
 
 COLLBCTION" OF CLAIMS DUE COMMON SCHOOL FUND. 
 
 Sec. 7712. The attorney general of the state of 
 Arkansas is authorized and instructed to employ com- 
 petent attorneys residing in the counties in which the 
 lands are situated to collect all claims and notes due 
 the school fund arising from the sale of the sixteenth 
 section lands. Before taking charge of any such notes 
 or claims, each of said attorneys shall be required to 
 give bond for the faithful keeping, collecting and ac- 
 counting for same, as provided for in this act, in double 
 the sum of the amount supposed to come into his hands, 
 and such security as shall be approved by the circuit 
 judge of the judicial circuit in which said attorney 
 resides, and such bond when approved shall be filed 
 with the commissioner of state lands, and the commis- 
 sioner of state lands shall, when such bond has been 
 filed with him, turn over, or cause to be turned over, to 
 the said attorney all notes and claims due the school 
 fund pertaining to the sixteenth section lands. Said 
 attorneys may retain, as fees for collection, ten per cent 
 of the gross amount collected by them under the pro- 
 visions of this act. The remainder of s(aid gross 
 amount, after deducting their fees, as above provided 
 
 77 
 
DIGEST OF SCHOOL LAWS. 
 
 for, shall be by said attorneys transmitted without de- 
 lay to the treasurer of state, who shall place the same 
 to the credit of the sixteenth section fund of the county 
 to which it rightfully belongs, and said attorneys shall 
 prepare and forward to the commissioner of state lands 
 a statement for each and every collection made by 
 them, setting forth the name of the maker of the note 
 or claim, the date of same, the dates of all previous 
 payments (if any) made on such note or claim. 
 
 Sec. 7713. All moneys paid into the state treas- 
 ury arising from the sale or the collection of notes and 
 claims pertaining to the sixteenth section lands (shall 
 be by the state treasurer placed to the credit of the 
 county's sixteenth section fund, to which said moneys 
 may rightfully belong), and the treasurer of state shall 
 for each payment to him on account of the sixteenth 
 section fund, issue triplicajte receipts, one of which 
 receipts shall be filed with the auditor of state, one filed 
 with the commissioner of state lands and one given to 
 the party making payment. 
 
 Sec. 7716. All notes, claims, bonds, papers or 
 evidences of debt belonging to the school fund, arising 
 from the sale or sales of the sixteenth section lands, in 
 the hands of the county collectors or other persons, 
 shall be, within ninety days after the passage of this 
 act, turned over to the commissioner of state lands. 
 
 Sec. 7717. All county treasurers, collectors or 
 other persons, having in their possession any funds 
 arising from the sale or sales of the sixteenth section 
 lands, shall, within ninety days after the passage of 
 this act, pay the same into the state treasury, and the 
 state treasurer shall place the same to the credit of the 
 respective counties' sixteenth section fund accounts to 
 which said funds do rightfully belong. 
 
 Sec. 7718. That upon the presentation to the com- 
 missioner of state lands of any certificate of purchase 
 as specified in Section 7707 the commissioner shall exe- 
 cute to the purchaser a deed for the lands therein de- 
 scribed and shall keep a full and complete record of all 
 such sales and of the deeds so issued, and it shall be 
 
 78 
 
DIGEST OF SCHOOL LAWS. 
 
 the further duty of the commissioner of state lands to 
 keep as correct records of sale or sales of the sixteenth 
 section lands as the reports made to him from time to 
 time may enable him to do. Act March 31, 1885, Sees. 
 2-18. 
 
 PATENTS. 
 
 Sec. 7727. When the purchaser of any portion of 
 the common school lands has heretofore assigned, or 
 may hereafter assign, the certificate of purchase of 
 such land, the title thereof may be made directly to the 
 last assignee of such certificate of purchase, upon full 
 payment of all the purchase money and interest due on 
 said land. Act April 12, 1869, Sec. 10. • 
 
 Sec. 7728. If any person who shall have pur- 
 chased any portion of the sections of school lands from 
 the collector of any of the counties of this state, and 
 paid one-fourth the purchase money therefor, and re- 
 ceived a bond for .title from such collector, shall die 
 before such payment is fully made, and the executor, 
 administrator, guardian or legal representative of such 
 deceased person shall pay or cause to be paid the bal- 
 ance, if any, that shall be due to the collector on said 
 purchase, upon the certificate of the collector of the 
 proper county that the whole of the purchase money, 
 with all the interest due thereon, has been fully paid, 
 the commissioner of state lands shall forthwith execute 
 a deed, as is now required by law, to the heirs at law of 
 such deceased person. lb., Sec. 11, as amended act 
 February 16, 1885. See Sec. 7138. 
 
 Sec. 7729. The land thus conveyed to the heirs 
 shall stand charged with the amount of money neces- 
 sarily advanced to the school fund, in order to pro- 
 cure title, and shall, in other respects, be chargeable 
 with the rights and incumbrances that would have 
 attached had it descended regularly to the same heirs. 
 lb. 
 
 Sec. 7730. All patents issued for sixteenth sec- 
 tion, or any part thereof, or common school land, dur- 
 ing the war between the states and all the official acts 
 
 79 
 
DIGEST OF SCHOOL LAWS. 
 
 of the officers of this state, in regard to such lands, dur- 
 ing the said war, and also all deeds made by the com- 
 mon school commissioners of the several counties in 
 compliance with an act of the legislature of the state, 
 entitled, "An act to relieve certain citizens of Arkan- 
 sas who purchased school lands, ' ' passed March 4, 1867, 
 are hereby confirmed, ratified and made valid, and full 
 faith and credit shall be given to said patents, deeds 
 and official acts in all the courts of this state. Pro- 
 vided, Nothing herein shall be construed to prevent the 
 setting aside of any of said deeds or patents for actual 
 fraud or mistake. 
 
 Sec. 7731. Any right, title or interest which the 
 state of Arkansas may have acquired, or holds by vir- 
 tue of any judgment, decree, execution or sale of any 
 court in this state, in lands for which patents or deeds 
 have been made and issued as mentioned in Section 
 7135, is hereby vested in the proper owners thereof 
 under such deeds or patents. 
 
 Sec. 7732. The attorney representing the state of 
 Arkansas is hereby instructed and required to dismiss 
 all suits now pending for school lands where patents or 
 deeds have been made therefor, as specified in Section 
 7135, or if it does not appear on the face of the plead- 
 ings filed that such patents or deeds have been made, 
 then the patent or deed may be pleaded in bar of the 
 suit, or the court may dismiss the suit on exhibition 
 and proffer of such deed or patent; and where judg- 
 ment or decree has been entered, and sale has not been 
 made, the state's attorney shall enter satisfaction in 
 full thereof on the presentation to him of such deed or 
 patent. 
 
 Sec. 7733. If any purchaser of school lands shall 
 have paid the purchase money thereof, and received no 
 deed or patent therefor, or if any person now owing for 
 school lands bought shall hereafter pay out his indebt- 
 edness therefor, and shall produce to the commissioner 
 of state lands satisfactory evidence of such payment, 
 the commissioner of state lands is authorized and re- 
 quired to execute to such person, or to his legal repre- 
 
 80 
 
DIGEST OF SCHOOL LAWS. 
 
 sentative, a deed conveying all the right, title and in- 
 terest of the state of Arkansas in such lands; but if 
 payment has not been made before suit is begun, the 
 purchaser shall also pay the costs of the suit. Act De- 
 cember 14, 1875, as amended by act March 31, 1885, 
 Sec. 18, and act of February 16, 1885, Sec. 2. 
 
 LEASE OF SCHOOL LANDS. 
 
 Sec. 7734. All school lands in any county in this 
 state susceptible of cultivation shall be leased by the 
 county collector of said county from the first to the 
 tenth of January in each year. Act April 12, 1869, 
 Sec, 12. 
 
 Sec. 7735. The manner and terms of leasing said 
 lands shall be by public outcry to the highest bidder, 
 the lessee paying one-half the amount of rent in cash 
 at the time of leasing and the balance at the end of the 
 year. lb. 
 
 Sec. 7736. At least twenty days * public notice of 
 the time and place of offering such lands for rent or 
 lease shall be given by said collector by publishing the 
 same in the newspapers of the county and by posting 
 up handbills at the most prominent points throughout 
 the county. lb. ' 
 
 Sec. 7737. If any school lands offered for rent 
 or lease at the time and in the manner above indicated 
 shall not bring such price as the collector shall think a 
 reasonable rent therefor, he shall be authorized to rent 
 the same by private contract for the ensuing year, or 
 for a longer term if he shall deem it expedient. lb. 
 
 Sec. 7738. The occupants of school lands prior to 
 the passage of this act shall be required to pay a rea- 
 sonable annual rental during the time said lands had 
 been so occupied. lb. 
 
 Sec. 7739. The lessees of school^ lands shall be 
 subject to the same provisions governing the lessees of 
 other property. Provided, It shall not be rented for a 
 less amount than was offered at public sale. lb. 
 
 81 
 
DIGEST OF SCHOOL LAWS. 
 CUTTING TIMBER OFF SIXTEENTH SECTION. 
 
 Sec. 1929. * It shall not be lawful for any person 
 to cut or remove any timber or stone off the sixteenth 
 sections of land, for the use of schools, or any section 
 or fractional section selected instead of the sixteenth 
 sections. 
 
 TRESPASS ON SCHOOL LANDS. 
 
 Sec. 1932. Every trespasser upon the school lands 
 shall, upon conviction, be fined in three times the 
 amount of damages done, and shall stand committed 
 as in other cases of misdemeanor. Act April 12, 1869, 
 Sec. 13. 
 
 ESTKAY FUND. 
 
 Sec. 7862. Every person who shall take up an 
 estray beast which shall not be reclaimed by the owner 
 within one year, shall pay into the county treasury in 
 which such estray was taken up, one-half of the residue 
 after deducting all legal expenses from the appraised 
 value of the beast, and shall file the coxmty treasurer 's 
 receipt for the same in the ofi&ce of the county clerk, 
 and the county clerk shall charge the county treasurer 
 with all such funds as shall be paid into the treasury, 
 and all such funds shall be apportioned among the 
 several districts of the county, as other funds are now 
 ■apportioned. Act March 15, 1897. 
 
 82 
 
INDEX. 
 
 ANNUAL SCHOOL MEETING: Page. 
 
 How and when to hold- 32 
 
 Who may vote - 32 
 
 Quorum 32, 66 
 
 Powers of 32, 33, 64 
 
 Who to hold 33, 65 
 
 Ballot 34 
 
 How to count the votes 35 
 
 Duties of county court 35 
 
 APPARATUS: 
 
 What amount may be expended for 46 
 
 To be approved by whom 46 
 
 APPOKTIONMENT : 
 
 By superintendent H 
 
 By county court 18, 19 
 
 Basis of 11 
 
 AUDITOE: 
 
 Duties of concerning common school fund 6, 7 
 
 Superintendent of public instruction has access to 
 
 books of ^ 12 
 
 ATTORNEY GENERAL: 
 
 Duties of as to common school fund : 6, 77 
 
 Opinion of, when given 12 
 
 83 
 
DIGEST OF SCHOOL LAWS. 
 
 AUTHENTICATION : 
 
 Of any paper or document 15 
 
 B 
 
 BLANKS: 
 
 To be furnished by state superintendent 9 
 
 BOOK AGENTS: 
 
 State superintendent not to act as 13 
 
 County examiner not to act as 13 
 
 BOUNDARY LINES: 
 
 Of school districts changed by court 17, 18 
 
 BUILDINGS: 
 
 Report to be made of 50 
 
 Care of, in whose hands 42 
 
 Site for, how designated 32 
 
 Funds for, how provided 43 
 
 c 
 
 CERTIFICATES: 
 
 State 13, 14 
 
 Professional 14 
 
 County 25 
 
 Requirements 25 
 
 Revocation of 24 
 
 Renewal of 31 
 
 CHARTS 46 
 
 CLERK BOARD OF DIRECTORS 49 
 
 COLLECTORS: 
 
 Duties of as to per capita tax 5 
 
 84 
 
DIGEST OF SCHOOL LAWS. 
 
 COMMISSIONERS, COMMON SCHOOL 6 
 
 How composed 6 
 
 Time and place of meeting 6 
 
 AVho presides 6 
 
 The secretary of 6 
 
 Record of 6 
 
 General duties of 6 
 
 COMMON SCHOOL {See Free School.) 
 
 COMMON SCHOOL FUND: 
 
 Collection of 3, 7 
 
 Whence received 3, 5 
 
 Debts due 5 
 
 County treasurers.' commission on 62 
 
 CONTRACTS 43 
 
 CORPORAL PUNISHMENT 52 
 
 COUNTY CLERKS: 
 
 Duties of 4, 12, 20, 21, 22, 50 
 
 COUNTY, NEW, Etc 20 
 
 COUNTY COURT: 
 
 Apportionment by 4, 20 
 
 Change of districts 17, 18 
 
 To appoint county examiners 22 
 
 May remove examiner 28 
 
 Transfers 53 
 
 COUNTY EXAMINERS {See Examiner) 21 et seq. 
 
 COURSE OF STUDY 15 
 
 85 
 
DIGEST OF SCHOOL LAWS. 
 
 D 
 
 DICTIONARIES 46 
 
 DISTRICTS 3, 16-19 
 
 Dissolution of 17 
 
 Boundaries of ,-- 18 
 
 Changes of 17, 18 
 
 Style and name of 16 
 
 New districts 16 
 
 Special or separate districts 63 et, seq. 
 
 Transfers from one to another 53 
 
 Vacancy in office of -... 41, 66 
 
 Must be numbered 27 
 
 Inhabitants of to be encouraged, how ' 26 
 
 May be dissolved by county court ; 17 
 
 DIRECTORS 40 et seq. 
 
 How elected 32, 35, 64 
 
 Duties of 42, 43, 56, 66, 67 
 
 May not be county examiners 21 
 
 When to qualify 40, 66 
 
 Who to administer oath 40 
 
 Penalty for refusing to serve 41 
 
 Penalty for nonperformance of duty 41, 56 
 
 Penalty for failure to report tax 56 
 
 Vacancy, how filled 41, 66 
 
 Must establish separate schools 42 
 
 Have general charge 42, 67 
 
 Must contract with teachers 43, 67 
 
 May certify to their reports 51 
 
 Must adopt text-books 46 
 
 Must furnish register _ 46 
 
 Must visit the schools 47, 69 
 
 Must submit estimate 47 
 
 Must defend for district 48 
 
 Must draw orders on treasurer 48, 69 
 
 Schools pn examination days 55 
 
 Must not employ teachers in certain cases 45 
 
 Duties of clerk of board 49, 69 
 
 Must report to county clerk 50 
 
 86 
 
DIGEST OP SCHOOL LAWS. 
 
 Must report to county examined 50 
 
 Must not employ relatives 44 
 
 Must settle with county treasurer 51 
 
 .May borrow money 71 
 
 May permit elder persona to attend school 53 
 
 May suspend pupils 51 et seq. 
 
 Duties as to rules 51 et seq. 
 
 Duties as to transferred children 53 
 
 Duties as to private schools 55 
 
 Exempt from working roads 56 
 
 Penalty for failure to report tax levied 56 
 
 For separate school districts 63 et seq. 
 
 DISBUESEMENT OF FUNDS 60, 61 
 
 DISTURBANCE OF SCHOOL ..-. * 60 
 
 E 
 
 ELECTION: 
 
 School 34-64 
 
 Who may vote 32 
 
 How to organize 32 
 
 What may be done at 33 
 
 Who to hold 34 
 
 Time for opening and closing polls 34, 65 
 
 ,Form of ballots 34 
 
 Who to count 35 
 
 Duties of election judges 35, 65 
 
 Duty of county clerk 35 
 
 Duty of county court 35 
 
 In separate school districts 63, 65 
 
 County uniformity of text-books 36 
 
 ELECTORS : 
 
 Must have poll tax receipt 32 
 
 Power's of 32, 33 
 
 ENUMERATION: 
 
 Seport of 50 
 
 87 
 
DIGEST OF SCHOOL LAWS. 
 
 EXAMINATIONS: 
 
 Must be public and quarterly 22, 23 
 
 Private 23 
 
 Eeexamination 24 
 
 Schools must be closed 55 
 
 Teachers not to be charged for loss of time 55 
 
 EXAMINEES: 
 
 Appointment of 21 
 
 Duties of clerk 21 
 
 Duties of judge 21 
 
 Duties of state superintendent 22 
 
 Examination of 22 
 
 Expenses of .-. 28 
 
 General duties of 21 et seq. 
 
 How remt^ved .i ' 28 
 
 Institutes must be held by 29 
 
 May not be a director 21 
 
 Must hold public quarterly examinations 22 
 
 Must keep record of licensed teachers 26 
 
 Must prepare a report 27 
 
 Must number school districts 27 
 
 Must encourage the people 26 
 
 Penalties for failure to perform his duties 28 
 
 Qualifications 21 
 
 Eeports to county clerk 28 
 
 Eevocatiou of license 24 
 
 Salary of 22, 28 
 
 When to qualify 21 
 
 ESTIMATE : 
 
 Of school directors 47 
 
 EXEMPTIONS: 
 
 From road duty 56 
 
 F 
 
 FBteE SCHOOLS: 
 
 Definition of 
 
 High schools may be 
 
 88 
 
DIGEST OF SCHOOL LAWS. 
 
 Failure of county to receive school fund 20 
 
 Fund, common school 3-7 
 
 Claims due, how collected 5, 6 
 
 Limit of taxes for 3, 32 
 
 Per capita tax for 3, 5 
 
 Power to tax for 3 
 
 Eight to attend 3, 51 
 
 Support of 3, 4 
 
 What may be taught in 15 
 
 FUNDS: 
 
 Common school 4 
 
 Treasurers to report 62 
 
 Treasurers ' commission on 62 
 
 To be invested 6 
 
 How apportioned 11, 18 
 
 How paid out of state treasury -. 11 
 
 G 
 
 GEADED COUESE OF STUDY .^ 15 
 
 GLOBES, Etc 46 
 
 GEADES OF CEETIFICATES 22 
 
 H 
 
 HIGH SCHOOLS 68 
 
 INSTITUTES: 
 
 County examiner to hold 29 
 
 Teachers must attend 29 
 
 89 
 
DIGEST OF SCHOOL LAWS. 
 
 INCOMPETENCY OF TEACHER 24 
 
 INSULTING TEACHER 60 
 
 J 
 
 JUDGE, COUNTY (See County Court) 21 
 
 L 
 
 LEASE OF SCHOOL LANDS 81 
 
 LEE DAY 31 
 
 LICENSE, COUNTY 22 
 
 Unlawful without examination 22 
 
 State requirements for 13 
 
 Professional 14 
 
 M 
 
 MONTH: 
 
 Term defined 45 
 
 MAPS 46 
 
 MAYOR: 
 
 Duties of in separate districts 64 
 
 N 
 
 NOTICE: 
 
 Of annual school meeting 48 
 
 Oi petition for transferred children 54 
 
 Of county examiners 21 
 
 Of change in district 18 
 
 For separate districts 64 
 
 90 
 
DIGEST OF SCHOOL LAWS. 
 
 \ 
 
 OATH OF OFFICE ! 21, 40, 66 
 
 OFFICERS: 
 
 Election of, 'how certified 50 
 
 P 
 
 PUBLIC SCHOOL {See Free School). 
 
 PROSECUTING ATTORNEY: 
 
 Duties of as to school fund 63 
 
 PERMANENT SCHOOL FUND 4 
 
 POLL BOOKS: 
 
 To be used by directors in annual meeting 9 
 
 PATENTS 79, 80 
 
 PETITION : 
 
 For separate districts 64 
 
 For transfer 53 
 
 PRIVATE SCHOOLS 55 
 
 PUNISHMENT 52 
 
 Q 
 
 QUESTIONS: 
 
 To be furnished by state superintendent 23 
 
 91 
 
DIGEST OF SCHOOL LAWS. 
 
 B 
 
 EACES, SEPAEATE SCHOOLS FOE 42 
 
 EIGHTS: 
 
 Of district over funds 19 
 
 Of parties transferred 55 
 
 EEPOET: 
 
 Of state superintendent 9, 10 
 
 Of county examiner 27 
 
 Of school directors to county examiners 50 
 
 Of school directors to county clerk 50 
 
 EEMOVAL: 
 
 Of teacher 68 
 
 Of county examiner 28 
 
 EULES: 
 
 Of directors and teachers 51, 52 
 
 s 
 
 SEAL OP STATE SUPEEINTENDENT 15 
 
 SECEETAEY OP STATE: 
 
 One of board of commissioners 6 
 
 Shall be president of board 6 
 
 SEPAEATE SCHOOL DISTRICTS 63 et seq. 
 
 May call meeting of board 6 
 
 SEPAEATE SCHOOL DISTRICTS 63 et seq. 
 
 May borrow money 71 
 
 SEPAEATE SCHOOLS: 
 
 For both races 42 
 
 92 
 
DIGEST OP SCHOOL LAWS. 
 
 SALAEY OF EXAMI^fERS 22, 28 
 
 SCHOOL DIEECTOES (See Virectora). 
 
 SCHOOL DISTEICTS (See Districts). 
 
 SCHOOL LANDS ...72 et seq. 
 
 SCHOOLS FOR CITIES AND TOWNS 63 et seq. 
 
 SCHOOLHOXJSES: 
 
 Tax must be voted for 32, 33 
 
 Director to have charge of and contract for 42 
 
 Not lawful to fix 'a site for, or vote tax for, when 48 
 
 Private school may be taught in 55 
 
 SCHOOL LAWS: 
 
 State superintendent to publish 12 
 
 SECTARIAN BOOKS PEOHIBITED ;. 59 
 
 SUITS AT LAW: 
 
 Directors ' duties 48 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: 
 
 Duties of with reference to common school fund 6 
 
 Apportionment by 11 
 
 General duties of 8 et seq. 
 
 To publish laws and render decisions 12 
 
 Vacancy in office .' 12 
 
 Not to act as agent 18 
 
 To grant state certificates 13 
 
 To recommend books, etc 14 
 
 Must examine county examiner 22 
 
 SUPERVISION OF PUBLIC SCHOOLS: 
 
 To whom confined 8 
 
 STATE LANDS, TEN PEE CENT OF SALES 3, 4 
 
 93 
 
DIGEST OF SCHOOL LAWS. 
 
 SUSPENSION: 
 
 Power of 51 
 
 T 
 
 TEACHEES INSTITUTES _ 29 
 
 TEACHERS : 
 
 Assistants must hold license 44 
 
 Assistants must have contract 44 
 
 Cannot suspend pupils 51 
 
 Causes for revocation of license 24 
 
 Certificates, grades of .■. 25 
 
 Certificates expiring while teaching, effect of 57 
 
 Examination of 23 
 
 May have license revoked 24 
 
 Moral character of 24 
 
 Must pay fees to country treasurer 22 
 
 Must contract with directors 43 
 
 Must hold license 56 
 
 Must use register 58 
 
 Must report infraction of rules 52 
 
 Must believe in a supreme being 24 
 
 Must teach common school branches 15 
 
 Must attend county institutes 29 
 
 Must not permit sectarian teaching 59 
 
 Must not be charged for loss of time, when 57 
 
 Penalty for failure to report 59 
 
 Penalty for teaching without license 56 
 
 Power as to rules 52 
 
 Power as to corporal punishment 52 
 
 What teachers must report 46 
 
 With certain vices, may not teach 24 
 
 Wages, how affected by revocation 24 
 
 Eemoval of _ 24, 68 
 
 TEXT-BOOKS: 
 
 , State superintendent to prepare list of 14 
 
 Directors to adopt , 46 
 
 Uniformity of 36 et seq. 
 
 94 
 
DIGEST OF SCHOOL LAWS. 
 
 TEEASUEEE: 
 
 State 7 
 
 County - 12, 22, 61, 62 
 
 Orders of directors upon 48, 59 
 
 Duties as to funds of transferred children 55 
 
 Commission on school fund 62 
 
 TEANSFEESi 
 
 General power 53 et seq. 
 
 Colored children, ten or less ...._ 53 
 
 White children, ten or less 53 
 
 Taxes of _ '.. 54 
 
 Eights of transferred persons to vote 54 
 
 TEESPASS 59 
 
 V 
 
 VACANCIES: 
 
 In office of superintendent ef public instruction 12 
 
 In office of examiner 28 
 
 In office of director 41, 66 
 
 VISITATION: 
 
 Of directors 47 
 
 In separate districts ' 69 
 
 w 
 
 WAEEEANTS 43, 60 
 
 95 
 
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