kfk A3 1*1 1 ®mml\ Utttomtg ptatg THE GIFT OF ..JW\iars^.^..^iCta^.s..ol..l.idiSL. ; IdaUfljau, J&.&j&&.&k* ./L.±3..Ly *4.*4%-^-- Cornell University Library KFK 390.A3 1891 Laws for the regulation and support of 3 1924 024 675 617 (Jnntpll IGaui ^rtfnnl library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 92402467561 7 <* I r >, , wt- i STATE OF KANSAS. LAWS FOE 1 THE *m , • ft . REGULATION AND SUPPORT OF THE • COMMON SCHOOLS, 1891. WITH NOTES FOR SCHOOL OFFICERS. PUBLISHED BY GEO. W. WINANS, STATE SUPEBIKTENDENT OF PUHLIO INSTRUCTION. [Under authority of Laws 1879, ch, 166, sec. 84.] 00 & TOPEKA. THE HAMILTON PBINTING COMPANY : E. H. SNOW, STATE PBINTEB. 1891. r A.4-"5j.U- 60^*5 X It 1 , ubb/vrv/ CONTENTS. Educational Pbotisions, Obganio Act, Educational Pbotisions, State Constitution, Educational Pbotisions, Act of Admission, .... Malicious Destbuotion or Pbopebty, Laws Relating to Common Schools: Abticle I — State Superintendent of Public Instruction, II — Comity Superintendent of Public Instruction, > III — School Districts, IV — Union or Oraded-School Districts, . V — District Officers, . . ... VI — District Schools, VII — Compulsory Attendance at School, VIII— Four-Months School IX — County High Schools, X — Teachers, Normal Institutes and Certificates, XI — Public Schools, Cities First Class, . XII — Public Schools, Cities Second Class, XIII— Public Schools, Cities Third Class, XIV— School-District Bonds, ' . XV — State Permanent School Fund, XVI— State Annual. School Fund, XVII— County Sohool Fund, . XVIII — Registration of Warrants, XIX— Water Closets, XX — School-District Libraries, XXI— School Lands, XXII— Fines and Penalties, . Official Opinions, 5 5 7 8 9 12 19 25 26 37 38 39 41 51 63 71 71 77 83 84 86 88 88 89 101 102 COMMON SCHOOLS. EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. Sec. 34. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be and the same are hereby reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. Approved May 30, 1854. EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. ARTICLE II. Sec. 23. The legislature, in providing for the formation and regulation of schools, shall make no distinction between the rights of males and females. ARTICLE VI. Section 1. The state superintendent of public instruction shall have the general supervision of the common-school funds and educational in- terests of the state, and perform such other duties as may be prescribed by law. A superintendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duty and com- pensation shall be prescribed by law. Sec. 2. The legislature shall encourage the promotion of intellectual, moral, scientific and agricultural improvement, by establishing a uniform system of common schools and schools of higher grade, embracing nor- mal, preparatory, collegiate, and university departments. 6 SCHOOL, LAWS OF KANSAS. Sec. 3. The proceeds of all lands that have been or may be granteil by the United States to the state for the support of schools, and the five hundred thousand acres of land granted to the new states under an act of congress distributing the proceeds of public lands among the several states of the Union, approved September 4, A. D. 1841, and all estates of persons dying without heir or will, and such per cent, as may be granted by congress on the sale of lands in this state, shall be the com- mon property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or otherwise, shall be inviolably appropriated to the support of common schools. Sec. 4. The income of the state school funds shall be disbursed annu- ally, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years : Provided, Thaf no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. Sec. 5. The school lands shall not be sold unless such sale be author- ized by a vote of the people at a general election ; but, subject to re- valu- ation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. Sec. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up; and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several coun- ties in which the money is paid or fines collected, to the support of common schools. Sec. 7. Provisions shall be made by law for the establishment, at some eligible and central point, of a state university, for the promotion of literature and the arts and sciences, including a normal and agricultural department. All funds arising from the sale of lands granted by the United States to the state for the support of a state university, and all other grants, donations or bequests, either by the state or by individuals, for such purpose, shall remain a perpetual fund, to be called the "uni- versity fund," the interest of which shall be appropriated to the support of the state university. Sec. 8. No religious sect or sects shall ever control any part of the common-school or university funds of the state. Sec. 5. No provision has been made by law for the leasing of school lands. SCHOOL LAWS OF KANSAS. 7 Seo. 9. The state superintendent of public instruction, secretary of state and attorney general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. [Constitution, ratified by the people, October 4, 1859.] EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. Sec. 3. . . . First: That sections numbered sixteen and thirty- six, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. Second: That seventy-two sections of land shall be set apart and re- served for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. Approved January 29, 1861. SCHOOL LAWS OF KANSAS. MALICIOUS DESTRUCTION OF PROPERTY. Sec. 354. [Laws 1886, Ch. 104, Sec. 1.] Any person who shall willfully and maliciously destroy, deface, remove or injure the prop- erty of another, public or private, shall on conviction be deemed guilty of a misdemeanor, and punished by fine not less than five dollars nor more than five hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine aud imprisonment. LAWS EELATING TO COMMON SCHOOLS. ARTICLE I. — State Supebintendent op Public Instbuotion. 1 1. Official oath and bond. 2. Shall have supervision of the educational in- terests of the state. 3. May appoint an assistant superintendent and a clerk of the hoard of school fund commis- sioners. 4. Apportionment of the annual school fund; time of making, and basis of the same. 5. Manner of apportioning the state annual school fund. 6. Official opinions to be given at the request of county superintendents, and a record of all such decisions to be kept. 1 7. May publish the school laws in force, and shall cause the printing and distribution of blanks required in the transaction of the common- school business. 8. Shall visit schools, and recommend text-books. 9, Office at seat of government; books, appara- tus, reports, etc., to be preserved therein. 10. Evidence. 11. Biennial report; when it shall he made, and what it shall contain. Official Qualification.— Section 1. [Laws 1879, Ch. 166, Sec. 78.] The state superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe the proper oath of office, and shall execute to the state of Kansas a bond in the sum of ten thousand dollars, with two or more sufficient sureties, to be approved by the executive council, conditional that he shall faithfully perform the duties of his said office, which oath and bond shall be filed in the office of the secretary of state. General Duties.— Sec. 2. [Laws 1879, Ch. 166, Sec. 79.] The edu- cational interests of the state shall be under the supervision and man- agement of the state superintendent of public instruction, subject to such limitations and restrictions as are or may be prescribed by law; and he shall have and exercise the powers and perform the duties prescribed in the acts relating to common schools. Assistant Superintendent. — Sec. 3. [Laws 1879, Ch. 166, Sec. 80.] The state superintendent shall have power to appoint an assistant super- intendent of public instruction, who shall take the proper oath of office, which shall be filed in the office of the secretary of the state; and such assistant shall perform such duties as his principal shall prescribe, not inconsistent with law. Such assistant shall be styled the "Assistant State Superintendent of Public Instruction," and the state superintendent shall be responsible for all of the official acts of such assistant. Such superintendent may also appoint an additional clerk, who shall act as clerk of the board of commissioners for the management and investment (9) 10 SCHOOL LAWS OF KANSAS. of the school funds; and such clerk shall perform such other duties as the superintendent may require, and for whose official acts such superin- tendent shall be responsible. Apportionment. — Sec. 4. [Laws 1879, Ch. 166, Sec. 81.] Such state •superintendent shall distribute the income of the state school fund and the annual taxes collected by the state for the support of common schools to those counties of the state from which the proper reports have been received by said state superintendent. Such distribution shall be made twice in each year, as follows : All such moneys received up to the fifteenth of February shall be distributed between the fifteenth and last day of such month, and that received up to the fifteenth day of August shall be distributed between the fifteenth and last day of such month. The ap- portionment to each county shall be made in proportion to the number of children over the age of five years and under the age of twenty-one years, resident therein, as shown by the last annual report of the county superintendent to the state superintendent. Sec. 5. [Laws 1879, Ch. 166, Sec. 82.] Such superintendent shall draw his order on the state treasurer in' favor of the county treasurer of the counties respectively entitled to school moneys for the amount of such moneys apportioned to his county, and certify the amount of such order to the state treasurer and state auditor, and also to the county clerk and superintendent of the proper county. Official Opinions.— Sec. 6. [Laws 1879, Ch. 166, Sec. 83.] Such superintendent shall, at the request of any county superintendent, give his opinion, upon a written statement of the facts, on all questions and controversies arising out of the interpretation and construction of the school laws in regard to the rights, powers and duties of school-district boards, school officers and county superintendents, and shall keep a record of all such decisions. Before giving any such opinion, the superintend- ent may submit' the statement of facts to the attorney general for his advice thereon, and it shall be the duty of the attorney general forthwith to examine such statement, and suggest the proper decision to be made upon such facts. School laws and Blanks.— Sec. 7. [Laws 1879, Ch. 166, Sec. 84.] Such superintendent, not oftener than once in two years, may publish the school laws in force, with such forms, regulations, instructions and decisions as he may judge expedient thereto annexed, and shall cause the same to be forwarded to the persons entitled to receive them. He shall prescribe and cause to be prepared all forms and blanks necessary in the details of the common-school system, so as to secure its uniform operation hroughont the state; and shall cause the same to be forwarded to the SCHOOL LAWS OF KANSAS. 11 several county superintendents, to be by them distributed to the several persons or officers entitled to receive the same. Visitation and Text-books.— Sec. 8. [Laws 1879, Ch. 166, Sec. 85.] It shall be the duty of such superintendent to visit each county of the state at least once in two years, and as much oftener as consistent with the discharge of his other duties, for the purpose of advancing and pro- moting the cause of education throughout the state. It shall be his duty to recommend the most approved text-books for the common schools of the state, and to open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other states. Office.— Sec. 9. [Laws 1879, Ch. 166, Sec. 86.] Such superintendent shall have an office in the capitol, where he shall keep all books and papers pertaining to the duties of his office; and all books, school and other, and all apparatus, maps and charts now belonging to the office of the state superintendent, and such as may hereafter be received for such office by purchase, exchange, or otherwise, shall be kept and preserved in such office, and delivered by the superintendent to his successor. He shall file and carefully preserve in his office the official reports made to him by the county superintendents of the several counties, trustees or directors of academies, graded schools, or colleges. Copies of Papers.— Sec. 10. [Laws 1879, Ch. 166, Sec. 87.] Copies of all papers filed in his office, and the record of his official acts, may be certified by him, and when so certified shall be evidence equally and in like manner as the original. Biennial Report.— Sec. 11. [Laws 1879, Ch. 166, Sec. 88.] The su- perintendent shall, on the first day of December preceding each regular session of the legislature, make out and deliver to the governor a report containing — First: A statement of the number of common schools in the state, the Dumber of scholars attending the same, their sex, and the branches taught; a statement of the number of private or select schools in the state, so far as the same can be ascertained, and the number of scholars attending the same, their sex, and the branches taught; a statement of the number of normal schools in the state, and the number of students attending them; the number of academies and colleges in the state, and the number of students, and their sex, attending them ; and such other matters of in- terest as he may deem expedient, drawn from the reports of the county superintendents of the several counties in the state, and from other re- ports received on the subject of education from trustees or other school boards within the state. Second: A statement of the condition of the common-school fund of 12 SCHOOL LAWS OF KANSAS. the state, including moneys, school lands or other property held in trust by the state for the support of common schools, and giving a full state- ment of the school-land account of each county. Third: A statement of the receipts and expenditures for the year. Fourth; A statement of plans for the management and improvement of common schools, and such other information relating to the educa- tional interests of the state as he may deem important. 3 12. Official oath and bond. 1.5. General dutes; quarterly report to state su- perintendent. 11. Apportionment of state and county school funds. 15. Report achool-distriet boundaries to county clerk. 16. Annual report to state superintendent. 17. Compensation, how determined. 18. Vacancy in board of directors of school dis- trict, how filled. 19. Vacancy in office of county superintendent, how filled. ARTICLE II. — County Supeeintendent. 20. Superintendent shall require clerks' reports to be made promptly and correctly. 21. Power to administer oath, in what cases. 22. Purchase of records for school districts. 23. Duty in forming and changing school dis- tricts. 24. Aggrieved persons. 29. Shall furnish map to assessor. 26. Notice of forming school district and of first meeting, how made. 27. Other duties; delivery of records of office. 28. Neglect or refusal to perform duty, prosecu- tion for same. Oath and Bond.— Section 12. [Laws 1881, Ch. 152, Sec. l.J The county superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to sup- port the constitution of the United States and of the state of Kansas; to faithfully discharge the duties of such office, and execute to the state of Kansas a bond in the sum of one thousand dollars, conditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. General Duties.— Sec. 13. [Laws 1881, Ch. 152, Sec. 2.] It shall be the duty of the county superintendent of public instruction to visit each school in his county at least once each term of six months, correct- ing any deficiency that may exist in the government of the school, the classification of the pupils, or the methods of instruction in the several branches taught; to make such suggestions in private to the teachers as Sec. 13. (a) "At least once each term of six months" is held to mean at least once each half-year. (6) The power to correct deficiencies in government, classification and methods of instruction, im- plies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to establish this relation somewhat as it exists in city schools. Failure to pay reasonable at- tention to the suggestions of the county superintendent in these matters is held to be sufficient ground for withholding the teacher's certificate. (c) The county superintendent cannot receive compensation for work in connection with the nt r- mal institute. (d) The provisions of this section require the entire time of every county superintendent receiving s salary of over six hundred dollars. SCHOOL LAWS OF KANSAS. 13 he shall deem proper and necessary to the welfare of the school ; to note the character and condition of the school-house, furniture, apparatus and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall improve the same; to examine the accounts and record books of the district officers, and see that they are kept as required by law; to encourage the formation of associations of teachers and educators for mutual improvement, and, as far as possible, to attend the meetings of such associations, and participate in the exer- cises of the same; to attend the normal held in his county, using his influence to secure the attendance of teachers; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his office, and do such work in connection -with the exercises of the institute as he may deem necessary; to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school questions and elevating the standard of education ; to keep his office open at the county seat, Saturday of each week, and in counties in which the county superintendent receives a salary more than six hundred dollars per annum, he shall keep his office open when not necessarily absent attending to his official duties. He shall keep a complete record of his official acts; a record of the name, age and post-office address of each candidate for a teacher's certificate, with the number of weeks said candidate has attended a normal school or institute, the number of weeks he has taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date of superin- tendent's visit. He shall keep a record of the semi-annual apportion- ments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superintend- ent of public instruction. He shall make out and transmit to the state superintendent, on the last Monday of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school officers; the number of days his office has been kept open ; the number of district treasurers' and clerks' record books examined; the number of teachers' meetings- attended; the num- ber of public lectures delivered ; and such other information as the state superintendent may require regarding the duties of such county superin- tendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for pub- lication, and that fact certified by the said county superintendent to the 14 SCHOOL LAWS OF KANSAS. board of county commissioners, the warrant for his salary shall not be drawn. The county superintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and immediately certify the same to the several school-district clerks of his county, for the infor- mation of the annual school meeting; and it is hereby made the duty of said county clerk to make out the said certified statement, and deliver the same to the county superintendent. Apportionment of School Funds.— Sec. 14. [Laws 1881, Ch. 152, Sec. 3.] Within five days after receiving the certificate of the state su- perintendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county super- intendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts: Provided, That no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds; and he shall draw his order on the county treasurer in favor of each of the several school- district treasurers for the amount apportioned to such district. School-District Boundaries.— Sec. 15. [Laws 1887, Ch. 219.] The county superintendent is hereby required to furnish the county clerk with a description of the boundary of each school district, on or before the last Monday in May of each year. Annual Report.— Sec. 16. [Laws 1881, Ch. 152, Sec. 5.] He shall, Sec. 14. A district must not only have had a common school taught at least three months during the school year ending June 30th, but it must also have made through its district clerk the requisite an- nual report for the school year in time to be included in the annual report of the county superintendent, or the county superintendent cannot legally apportion to the district a share of the next ensuing Feb- ruary and August dividends of the state and county school funds. In apportioning- these funds the county superintendent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the several districts of the county, *' as the same thall appear from the last annual reports of the clerks of the respective districts" For purposes of ap- portionment, it is only from the annual report of a clerk of a district that the county superintendent can legally know the number of children of school age residing in the district. In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly-formed district should be appor- tioned its just share of the funds to which the original district would have been entitled. If the divi- sion of the district was made before the time of making the annual report, the report of the new district should show the number of children resident of the territory detached from the old district, so that this apportionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitle said district. Sec. 16. The annual reports of county superintendents constitute the basis upon which the state luperintendent disburses the semi-annual dividends to the several counties. If any county superin- SCHOOL LAWS OF KANSAS. 15 ou or before the fifteenth of October of each year, make out and transmit in writing to the state superintendent of public instruction a report bear- ing date of October 1st, containing a statement of the number of school districts or^parts of districts in the county, and the number of children and their sex, resident in each, over the age of five and under the age of twenty-one years; a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers employed in the same, and their sex; a statement of the number of private or select schools in the county so far as the same can be ascertained, and the number of teachers em- ployed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex; a statement of the condition of the normal school, where such school has been established, the number of students attend- ing the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies and colleges in the county, and the number of students attending the same, and their sex, the number of teachers em- ployed in each, and their sex ; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been appropriated to the support of graded schools; a statement of the amount of money raised in each district by tax and paid for teachers' wages, in addition to the public money paid therefor; the amount of money raised by tax or otherwise for the purpose of purchas- ing school site, for building, hiring, purchasing, repairing, furnishing, or insuring such school house, or for any other purpose allowed by law, in the district or parts of districts. Compensation. — Sec. 17. [Laws 1886, Ch. 80, Sec. 6.] The county superintendent of public instruction in counties containing one thousand and not more than twelve hundred persons between the ages of five and twenty-one years shall receive six hundred dollars per annum ; in coun- ties having a school population of from twelve to fifteen hundred, he shall receive seven hundred dollars per annum; and in counties containing more than fifteen hundred persons of school age, he shall receive seven hundred dollars, and twenty dollars for each additional one hundred tendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount. Sec. 17. "School population" is held to mean the enumeration taken annually by Bchool-dislrict clerks for the annual report. Such enumeration for each year should constitute the basis for the superintendent's salary for the next year, beginning January 1. 16 SCHOOL LAWS OF KANSAS. such persona, per annum; in counties hf ving a school population of less than one thousand, the county superintendent shall receive for each day actually and necessarily employed in the discharge of the duties of his office the sum of three dollars per day, for a number of days not to ex- ceed one hundred and fifty in any one year, which compensation shall be payable quarterly, on the order of the board of county commissioners : Provided, That no county superintendent shall receive to exceed twelve hundred dollars per annum, and that in determining the salaries of county superintendents the school population of cities of the first and second class shall not be included and territory attached for school purposes. Yacancy in Board.— Sec. 18. [Laws 1881, Ch. 152, Sec. 7.] Should a vacancy occur in the board of directors of any school district, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his successor is elected and qualified. Yacancy in Office of County Superintendent. — Sec. 19. [Laws 1881, Ch. 152, Sec. 8.] When a vacancy occurs in the office of county superintendent of public instruction, by death, resignation or otherwise, notice thereof shall be given by the county clerk to the board of county commissioners, who shall, as soon as practicable, appoint some suitable person to fill the vacancy, and the person receiving such appointment shall, before entering upon the discharge of the duties of the office, file his oath or affirmation and bond in the county clerk's office as herein- before provided, and shall hold his office until his successor is elected and qualified. Clerks' Reports.— Sec. 20. [Laws 1881, Ch. 152, Sec. 9.] He shall see that the annual reports of the clerks of the several school districts and parts of districts in his county are correctly made and in due time. Oaths.— Sec. 21. [Laws 1881, Ch. 152, Sec. 10.] County superin- tendents shall have power to administer oaths in all cases in which an oath is made necessary by any provisions of the school law, except in the qualifying of county superintendents and their sureties. Purchase of Records.— Sec. 22. [Laws 1881, Ch. 152, Sec. 11.] The county superintendent of public instruction of the respective counties in this state may purchase for each organized school district in his county not having sufficient records, one set of school-district records, consisting of district clerks' records and order books, district treasurers' book, and Sec. 18. No petition is required. Sec. 22. There is no warrant of law for purchasing and holding supplies of record books to be de- livered to districts as they may be needed. The purchase should be made directly for each district, and Tarrant drawn against moneys credited to that district on the books of the county treasurer. SCHOOL LAWS OF KANSAS. 17 a teachers' daily register. Each of said books shall contain such printed forms and instructions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law: Provided, The entire set of said records as above enumerated shall not exceed in cost four dollars for each set; and the said superintendent shall draw his order or warrant on the county treas- urer in favor of the persou he purchases said books of, for the amount of the purchase-money, and it is hereby made the duty of said county treasurer to pay said warrant or order out of any money in his hands be- longing to the respective districts in his county : Provided, That no funds in the hands of the county treasurer belonging to the several school dis- tricts in his county shall be diverted from the object for which said fund was raised, and the said superintendent shall deliver the said books to the district board of each district. Forming and Changing Districts.— Sec. 23. [Laws 1881, Ch. 152, Sec. 12.] It shall be the duty of the county superintendent of pub- lic instruction to divide the county into a convenient number of school districts, and to change such districts when the interests of the inhab- itants thereof require it, but only after twenty days' notice thereof by written notices posted in at least five public places in the district to be changed ; but no new school district shall be formed containing less than fifteen persons of school age, no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded in- debtedness shall be so reduced in territory that such indebtedness shall exceed five per cent, of their assessed property valuation: Provided, That any person interested may appeal to the board of county commissioners from the action of the county superintendent. Such superintendent shall number school districts when formed, and he shall keep in a book for that purpose a description of the boundaries of each school district and part of district in his county, with plat of the same, date of its organiza- tion, date and full record of all changes of boundaries, and a list of dis- trict officers in his county, the date of election or appointment, and the time the term of each is to expire. Aggrieved Persons.— Sec. 24. [Laws 1876, Ch. 122, Art. 3, Sec. 5.] Sec. 23. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making important changes. After a district has issued bonds to build or purchase a school house, alterations should be discouraged until the bonds are paid, except in cases where imperative necessity demands a change. The object should be to establish strong and permanent districts. It is better for a youth to walk double the distance to a good school, than to hav« a poor school near his door. In changing district boundaries, five notices, posted for twenty days preceding, must be given to each district affected. Appeals need not be made from the contemplated action outlined in the twenty- day notices, but must be taken within ten days from the actual change made. 18 SCHOOL LAWS OP KANSAS. If in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or per- sons may appeal to the board of county commissioners, who shall confer with the county superintendent, and their action shall be final : Provided, That notice of such appeal shall be served on the county superintendent within ten days of the time of posting of the notices of the formation or alteration of such district; such notices shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration : And provided also, That such ap- peal shall be heard and decided by a majority of the board of county commissioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall proceed to appoint the time and place for said first district meeting, which shall then pro- ceed as by law required. Shall Furnish Map.— Sec. 25. [Laws 1883, Ch. 198, Sec. 3.] The county superintendent of public instruction of the several counties of the state shall, on or before March 1 of each year, furnish to each assessor within his county a map of the city or township of such assessor, show- ing the number and metes and bounds of every school district or part of school district within his township or city. Notice of First Meeting.— Sec. 26. [Laws 1881, Ch. 152, Sec. 13.] Whenever a school district shall be formed in any county, the county superintendent of public instruction of such couuty shall within fifteen days thereafter prepare a notice of the formation of such district, describ- ing its boundaries and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and in case there shall be no appeal, shall in ten days thereafter iu like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meetings. Other Duties.— Sec. 27. [Laws 1881, Ch. 152, Sec. 14.J He shall discharge such other duties as may be prescribed by law, and in cases of sickness or temporary absence he may employ a deputy. He shall de- liver to his successor, within ten days after the expiration of his term of office, all books and papers appertaining to his office. Neglect or Refusal to Perform Duty.— Sec. 28. [Laws 1881, Ch. 152, Sec. 15.] Every couuty superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages occasioned thereby, to be recovered in the name of tht state for the benefit of the proper party, district, or county. Sec. 24. It is held that appeals should be taken to the Slate Superintendent, in in; cose of the for- mation, as well as alteration, of joint school districts. SCHOOL LAWS OF KANSAS. 19 ARTICLE III.— School Districts. 37, Who may vote at district meetings. How to proceed when a voter is challenged. 38. Powers of district meetings. 39. District meetings may determine length of school term, etc.; when board may deter- mine the same. 40. School-house site may be changed. 41. Value of school house, how determined. 42. School-house site may be condemned, when and how. g29. Shall be deemed organized, when. 30. Shall be a body corporate. 31. Joint districts, how formed and designated. 32. New districts formed from one or more dis- tricts; apportionment of property. 33. Annual meeting, when held; notice; special meetings. 31. When business of annual meeting may be transacted at special meeting; when and how called. 35. Notice of district meetings. Organization.— Section 29. [Laws 1876, Ch. 122, Art. 3, Sec. l.J Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superintendent in writ- ing, which the superintendent shall file in his office. Body Corporate.— Sec. 30. [Laws 1876, Ch.122, Art. 3, Sec. 2.] Every school district organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of school district No. (such a num- ber as may be designated by the county superintendent), county (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. Joint Districts.— Sec. 31. [Laws 1879, Ch. 158, Sec. 1.] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when application shall be made in writing to any one of them by five householders resident therein, shall, if by them deemed necessary, meet and proceed to lay otT and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices; and such district so organized shall be designated joint district No. — , counties of ; and the boundaries of such district shall not be altered except by the joint action of the superintendents of the several counties represented in said district : Provided, That if in the alteration of, or refusal to alter, the boundaries of any joint school district, any person or persons shall- feel aggrieved, such person or persons may appeal to the state superin- tendent of public instruction, and notice of such appeal shall be served on the superintendents of the several counties represented in said district within ten days after the rendition by them of the decision appealed from, Sec. 29. Officers elected at first district meeting hold only until the next annual election. Sec. 31. It is held that appeals should be taken to the State Superintendent, in the case of the for- mation, as well as alteration, of joint school districts. 20 SCHOOL LAWS OF KANSAS. which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction ; and it shall be the duty of the county superintendent in whose possession are the papers connected with the action appealed from to transmit the same to the state superintendent of public instruction, immediately upon being served with notice of appeal, as hereinbefore presented ; and thereupon the state su- perintendent of public instruction shall fix a time for the hearing of said appeal, and notify the several county superintendents interested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith: And provided further, That each joint district, except in matters relating to the alteration of the boundaries thereof, shall be under the jurisdiction and control of the superintendent of that one of the counties represented in such district which has the largest amount of territory embraced within the boundaries of such joint district. Joint District Fund.— Sec. 31a. [Laws 1889, Ch. 226, Sec. 1.] Whenever it shall appear that any school district in this state lies or is in two or more counties, it shall be the duty of the treasurer of the county or counties having the smaller amount of territory in said dis- trict to transfer to the treasurer of the county having the greater amount of territory of said district, before the 10th day of January, 1st day of July and 20th day of September of each year, all moneys in his hands belonging to said district, including all money for the payment of bonds or interest on bonds of said district; and the treasurer receiving said money shall issue therefor and forward to the treasurer so sending the money receipts in triplicate, one of which said treasurer shall file with the county clerk of the county, and the board of county commissioners thereof shall give said treasurer proper credit therefor. One of said re- ceipts shall be sent to the county clerk of the county to which the money was sent, who shall charge the county treasurer with the amount thereof. Division of Property.— Sec. 32. [Laws 1876, Ch. 122, Art. 2, Sec. 4.J When a new district is formed, in whole or in part, from one or more districts possessing a school house or entitled to other property, the county superintendent, at the time of forming such new district, shall Sec. 32. For the division of school property under the provisions of this section, the following rules are recommended, viz.: 1st Bulk, To be applied in dividing school property which has been procured v, VA the proceed! of district taxes: First— Find the atsessed valuation of the taxable property of the undivided district as returned on the last assessment roll of the county. SCHOOL LAWS OF KANSAS. 21 equitably determine the proportion of the present value of such school house, or other property justly due to said new district. Such proportion, when ascertained, shall be levied by the district board of the district re- taining the school house or other property, upon the taxable property of the district, and shall be collected in the same manner as if the same had been authorized by a vote of the district for building a school house, and when collected shall be paid to the treasurer of the new district, to be applied towards procuring a school house for such district. Annual and Special Meetings. — Sec. 33. [Laws 1889, Ch. 220, Sec. l.J An annual meeting of each school district shall be held on the last Thursday of July of each year, at the school-house belonging to the school district, at two o'clock P. M. Notice of the time and place of said annual meeting shall be given by the clerk by posting written or printed notices in three public places of the district, at least ten days before said Second — Find, in like manner, the assessed valuation of the taxable property of the territory which £3 to be cut off, and which does not retain the school property. Third — Find the present value of the school property of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after dis- charging all indebtedness payable out of such moneys. Fourth — Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. The product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off. 2d Bulb, lb be applied in dividing such school properly as consists of moneys received by the undivided district from the state and county school funds : First — Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district. Second — Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property. Third — Find the amount of state and county school moneys remaining in the treasury of the undi- vided district at the time the division is made, after discharging all indebtedness for teachers' wages. Fourth— Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the ter- ritory which is to be cut off. The county superintendent of public instruction should make the division of school property at the lime of forming a new school district, hut his failure to do so at the time does not impair the rights of said district. Within a reasonable time-after the organization of a new district, aggrieved parties may demand of him that he make an equitable division of the school property of the original district. Should he neglect or refuse to grant their request, they may, by mandamus, compel him to &o so. If an unfair division is made by the county superintendent, either party has a right to appeal to the courts and have the matter adjudicated. If after the division has been made, the officers of the district re- taining the school house or other property shall neglect or refuse to levy the tax mentioned in this section, they can be compelled by mandamus to make the levy. When a new district has been formed, and the county superintendent has determined the amount due the new district from the old, the district retaining the school house cannot issue bonds with which to pay the sum due, but must levy a tax as is provided for in this section. Sec. 33. This section fixes the time and place of holding the annual meeting of the school district While it is the doty of the district clerk to post the notices of the meetiug provided for in the section, a failure to do so will not invalidate the proceedings had, should the voters convene at the proper time and place, and transact the business mentioned in sections 37 and 38 of this article. However should the district clerk for any reason fail to post the notices at the proper time, he should do so as soon thereafter as possible before I lie last Thursday of July. — 2 22 SCHOOL LAWS OF KANSAS. meeting. Special meetings may be called by the district board, or upon a petition signed by ten resident tax-payers of the district, but notice of such special meeting, stating the purpose for which it is called, shall be posted in at least three public places in the district ten days previous to the time of such meeting. Special Meetings.— Sec. 34. [Laws 1876, Ch. 122, Art. 3, Sec. 7.] Whenever the time for holding an annual meeting in any district shall pass without said meeting being held, the clerk, or, in his absence, any other member of the district board, within twenty days after the time for holding said annual meeting shall have passed, may give notice of a special meeting by putting up written notices thereof in three public places within the district, at least five days previous to the time of meeting ; but if such meeting shall not be notified within twenty days as aforesaid, the county superintendent may give notice of such meeting in the manner provided for forming new districts; and the officers chosen at such special meeting shall hold their offices until the next annual meeting, and until their suc- cessors are elected and qualified. Notice of Meetings.— Sec. 35. [Laws 1876, Ch. 122, Art. 3, Sec. 8.] It shall be the duty of the clerk to give at least ten days' notice previous to any annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district, and said clerk shall give the like notice of every adjourned meeting, when such meeting shall have been adjourned for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting not specified in said notice. Qualified Yoters.— Sec. 36. [Laws 1889, Ch. 223, Sec. l.J The fol- lowing persons shall be entitled to vote at any district meeting : First, all persons possessing the qualifications of electors as defined by the consti- tution of the state, and who shall have been in good faith residents of the district for thirty days next prior to the time of offering to vote at said election ; second, all female persons over the age of twenty-one years, not subject to the disqualifications named in section second, article fifth of the constitution of the state, and who shall be residents in good faith of the district for thirty days next prior to the time of offering to vote at said election. Challenge.— Sec. 37. [Laws 1 876, Ch. 122, Art. 3, Sec. 10.] If any person offering to vote at a school-district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to the person challenged the qualifications of a voter, and if such challenge be not withdrawn, the chairman, who is hereby authorized, shall tender amwwwa lwwbtoei Mmmttsu Us tofflieeplffso^.iffes&^ad wafe.tBerfalia^gltette&^fliiowtsimi^Xou dlemidyi^eaPi((bnnffirdi>) tfaa^fjnDiirrirftRiiriaafadiresidealt of'itfoie sdhool di*feriE%caini,iMtIgrfiB-flr©^uHlifie(i(i»^ ^aTOdnrKpfs aWiW^riidsitrigiYaJ'jBLBjf person taking such ioathioclaffirmatic^yshailllljbepaititlpU 'iciivote )«liidefe)Tr/jBfei)k,at^daBaduhwiflTiriiijcsiiali ^esse^i theoqealificiiidHs iof mjt4rayitfoaH!t

id&s%nat« ibywvtotc •»> sjfeiftwi tte distriate&HooHdaabHBi; rffiftlty diib toditooafctasi -aoBUfl)<\yi otifciexeeedinglitslw p-etorffifl!i±.roii:thJajt£KEaJ)4© p^|)eliiLyliii.tIih>idiittis;t:}<»aithtr>eEieetitig'i3li&HLc}e«d(i sufflcientefbr dihqisrapaHis sdhoel pnrposekpanddiktribtilje tbeiaijBouafcisisltsfl nh£eting^lMaein'':pTDpBrIaautifflei{ja^ aba&TOBuqasaJsxsriBi W>^d$fy^hqmiibft&n^Qed[1^hlfa&bQil)linxi»iaf>b tasW0 oejacmjlaikl!tb>Jb«llld> Hare, omsp'Hida^sJaK^sdhoffllifaieu^arid itbildsep immpair; aadi fioiralsJaifte simlelwitlijAlae rieessaajjo fnel land f^peadagea^ifeten^dqgai^IjbrJzeeahdqijs pect'tbtsateafiahy'sdhobirliDuseisitey^jIdllhelF. ]b©apejt{jfri)b]oDgiingr!ttiie (fetoHitp&fceiKih&EariiersiialWBeqqrlohge^^ tHft fiise tifafo? seVentb^oigwej suchidicectfiAn amch be idefemedmeoekBai'y in. ; relation, fcthe proseoiatfotri awkfefermeijofianyrBiiit <^fffptaeMilntagc)ipjwiiiiBhl ikl^ di^hMbamphe &3p&Btyi.tiA-etio bnu 9no ba9ox9 -liSchoolo HeiaH.^JSjak^^c jjlmwsn 3187-6) iGh.,ii&2>,7cf tiUifc, sSggurltfkft ThfekjnaOMid'^Belltefaisft eaehia^mitdaHaitingyDrrabjt ifepeeiisl ■me.dfcing'daly edited, maay >dbteilitniiie r iwinte.u t&sm oB dleasBhcaalj-fanoiaeeT.taingpdBtiop^jto alch ;bfcfafc>is6TSB«fa 3fcfiteteit&-8haU nob Be determitiaJ abth&janbjmdboriteiily fepa[] rJ |»Eh^Bift. sfch£K)Bdistm)t4ihav,Hi^fischi(i(bltJ[iQ)iadeadihbivalueiof whittle is hot Jess thaa. fduiBslh&ndsedi idodacsd ib^33sehpoiahouseo'H|bei ebaU JnofobecQhHai^dgc^tptl bbna'^tottebfiab-feaslicfevdj-MHrds o£itheitegkl)TrfoterBiof the district iin/4avoC ofiSacfoiftliang^Ift gi 8n9gic!({qe bfjse lo Jiocpi 9rfl i9jk e\ab vhirfl nrdiiW y T. J i f™ »j>r."*« purpose ui purcnasuiga aistrict UDrarv. (See article XX, ;.39. The electors, at the annual or a aoeciaf meeting, have no power 'to Mferminewfto shall i™ who shall not be employe* as teaoha!, 61SW8 ebttJleUJaWenaddh ieacUMi suhl rJ8tlYel9JHl*JiarailUI 9fll Ha ,Joa sdT [.8 .098 S .i-tA^MS ^ttfSlf!8¥%a-^6iiii , I [ooifog %f^ftW ir 68 f 9Stoa1fe a ri!»* W^ijaB9'ij6jd9<>«fitr*«mPB^) 9 d oi ,abnu1 loodoa offi Duty of directors. . , , r r 6Z Shall report to each county sutierintendent:. iooilflaofeafeft^iMfla 9ui gaibagite 09} bU do jJatTOftffiu a grfj oJ noThoqoiq ai 68. Clerk shall be ex officio clerk of all district meetings. eedfUi djofrr . L r AW*»- isfltrtfflefc & hwA Shall W'jtiStlfied'-iby'tBft'a^d^it ©^heipTfoeifail mfohfc im&im FmrtdetytHMVthe $&mm o£'tiK»aiistf#ictf W tlie»coul% superJttletident o&p«*li!e' instruction sMl'-flfe «tfth«-i^'W«dr«iiniatW"th6i oaths Un'the justification of the treasurer awd" bis sfiraBfcB" ^niS s*i*"fc01fti• sMt'be filed With the district «a4rfyand>ffi eas^of the T>reMrr>f'%ny:fe8n8i8on tbereef|'«he'idireetbr"Sha» caTJsBWsiift WW cbememi&ztibe&mflh U&e iM^tfMfcBdtetrlMpatfi the JtfWtoey oSlle8ted"*ha$l tW^^Sfed^ibO* d*kd«Wte'ih6'W0f"§toi dtefvfiet, * e,i u >mi"" t "h l'«"-'' i: '" ;M 3»"naii «tT *"i:DutieSpasSEc;''70i»'[La'Wgv^87&JKCh! li23,"' , jL*t! 1 4pfSec« , l'5.]lralf , h* (*eaMrer>J«f*ett»h dtetriWshail^Hy-Btft« ob^heitttdefr-bt'itheCttlffrM/fgi^Hed by«hefdir«Jtdr- , 0f &e€iSttfi^j(&ll2f uMfemtbrieyssWhiftli slfc*>»Miie)Sff6;!>©b. ^^JrAftyn*, Sedistfiij] 'riThe'noimfcjrtreaSuraEijhaiW jayttoicach district itreasWfSP'ftrttee counfcyj»H #cto»l cmooeyMflPtbenjaantyiilreasery ^belong fog 1 tof'fche 'district upon the order of the dir«twianiyi*k^^eidt»l#iciw ^hiddS, Theft safi£ older ^hall b£&cc*mpa'niM by^^eertlnca^'froiS'eb^^ltrtdt'J&Jirk stating thatith&4reaBup*r^th*distt»tet | ibas* 3 e»ecu'ted : an"itt»led "Ms i >bd'nll as reqnined'by laws "kh'I ,5i";iai) m: >j ytriiiimKi '"'switiTt *aalo: urn 7')llistaricti;a i akesi>^#EOii7^ piS^18^'©hrl285B.&»r4, ^^.q^ Wheceaischool-district" tax' has 'beefl' votedv f atid from theifaUlt ! br'ftegl'iu gencasf any officer or any 'other 'cause 1 has 1 dbt bteenf levied iBnd"6bllecte# iwmyjyes*,. tW- saaie shall bevgdJed % sta^ colM6^w^*«Be4y«s*>of tl«ei year (folio wingpaudntbe ct>U*rty"tr6a8Ure t f"shallf afy- WeSfito^the treas^ : urers of the respective school districts all taxes he may have g8M6c86& fi# thsisaicndistEii&s/J'oh ,*hir3irdlS- of i'the>dfetr^idre>kfcoua Hnrrr mi iv mtt. -ui -Records^ amd-^pi)rts;— ~gEC.-73: [£gw§~187f, C h. 1 22, Artr-ly-SecT 18.,]nii ,®he skFeasaDercghai'kekeep «atofeo"(»k< niis*wlricbK'be' 'shatr enter -fill«the WW.% J?SP%W«and ^lsh.u.rsed. bjfc.iiim., ^pecif^i^gufcp^rtiqijja^ly^the sou?eesn t 6> ftersflffir IfliF. ..turn n X£:-r ^- .^t^c^:"":sL.Sfa jCti.^ t^whem angiMSeWjeet&riar -mum-iiefi sMaeJaaatbeenpaiaout^EaJJe shali riretenVW l^e^aisWflJ^arfeacH^atfpiial 'h&ffibe W "rdtibrTih ' WPi tl Bgf l^h^ tainingj a statemeat jofwalL^oneys.^eeei-Eedf.hyr.hiBfc. fnom^the county treasurer during the year- also all m'd&^W^^^'W^'W'^ufin^MB' y«aii.£romtassiessmeotsjinithesdistrict, and ithesdisbursementetfj&ade by^ni/ which report shall be recorded by the district clerk paHd-mt^beieloSe 11 *^ 32 SCHOOL LAWS OF KANSAS. his term of office shall settle with the district board, aud shall hand over to his successor said book, and all receipts, vouchers, orders and papers coming into his bauds as treasurer of the district, together with all the moneys remaining in his hands as treasurer. Prosecution.— Sec. 74. [Laws 1876, Ch. 122, Art. 4, Sec. 19.] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his successor in office to prosecute without delay the official bond of such treasurer for the recovery of such money. School House.— Sec. 75. [Laws 1876, Ch. 122, Art. 4, Sec. 21.] The district board shall purchase or lease such a site for a school house as shall have been designated by the voters at a district meeting in the corporate name thereof, and shall build, hire or purchase such school house as the voters of the district in a district meeting shall have agreed upon out of the funds provided for that purpose, and make sale of any school- house site or other property of the district, and if necessary, execute a conveyance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. School Property.— Sec. 76. [Laws 1876, Ch. 122, Art. 4, Sec. 22.] The district board shall have the care and keeping of the school house, and other property belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district. Non-Resident Pupils.— Sec. 77. [Laws 1876, Ch. 122, Art. 4, Sec. 23.] The district board shall have power to admit scholars from adjoin- ing districts. Teachers.— Sec. 78. [Laws 1876, Ch. 122, Art. 4, Sec. 24.] The dis- trict board in each district shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing, Sec. 78. (a) In view of Ibis section, read in connection with section 103, which makes it the duty of the county board of examiners to examine all persons proposing to teach in the common schools of the county f it is held (1) that a " qualified" teacher is one holding a legal certificate in force at the time of opening school ; and (2) that a school taught by a person not holding such certificate is not, within the mean i ng of the law, a "common school." As the "qualification" of a teacher begins at the date of issue, and ends at the date of expiration, of the certificate which confers the date of qualification, it is the di.ty of the district board to see to it that a teacher in their employ, whose certificate expires during school terra, shall, at the risk of dismissal upon the expiration of such certificate, preserve the status of "qualified " teacher in the only way allowable by law, i. e., by procuring, in season, a new certificate by "passing" at a public examination, lawfully held. (o) The district board cannot legally contract with or hire a qualified teacher who is a member of the board. A contract made by a district board with one of their own number, being contrary to pub- lic policy, is held to be null and void. (c) A district board cannot dismiss a teacher under the ordinary contract without the concurrence of the county superintendent. SCHOOL LAWS OF KANSAS. 33 and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office; and, in conjunction with the county superintendeut, may dismiss for incompe- tency, cruelty, negligence, or immorality. Records and Reports.— Sec. 79. [Laws 1876, Ch. 122, Art, 6, Sec. l.J It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attend- ance and the deportment of each pupil, and of the recitation of each pupil in the several branches pursued in said school, and to make out and file ?;ilh the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to school during such term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county super- intendent may require. The wages of a teacher for the last month of a school term shall not be paid by any district board, unless said teacher shall have complied with the requirements of this section. Necessary Appendages. — Sec. 80. [Laws 1876, Ch. 122, Art. 4, Sec. 25.] The district board shall provide the necessary appendages for the school house during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting. Suspend Pupil; Appeal.— Sec. 81. Laws 1876, Ch. 122, Art. 4. Sec. 26.] The district board may suspend, or authorize the director to suspend, from the privileges of a school, any pupil guilty of immorality or persistent violation of the regulations of the school, which suspension shall not extend beyond the current quarter of the school : Provided, That the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investigation of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose decision shall be final. School Duties.— Sec. 82. [Laws 1876, Ch. 122, Art, 4, Sec. 27.] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require ■ at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching the school house, facilities for ventilation, furniture, apparatus, library, studies, dis- cipline, modes of teaching, and improvement of the school; shall confer with the teacher in regard to condition and management, and make such 34 SGBQfflfi MsJOTfr*>iL K,^*^ minutes. ^liununim "a ^jiisoji^h '-lame ysum «wra. «¥HJu»?iJ&8ipiy}}^»t %ftftj Hi ^mm ^j^wst umiate B^JS^tejfrf t§ i s1^gpjk's^b fe i 5 oi} fl ty„^ flfi gEiB^n^ i ^ l o^ffu^ijitffiH*: $ io fl sbfctfifr W*^»tHfi!fc°f w4b$$e„£nd afetf^satng $gfoM in the county J» W.elsqt?d;^t a a B ffi§9lW'gro€rfhA)^ h ^ifefiaf4lHrf.fiSSSi' tpwnshjpifgn a day .and at^,,g|ace apd hjgi^ggi^^fj^pid^afejjjjgfro- 9&p9Bite# n JJfef "MtoiSi? Q B tbp ^i^fcsdqfi^g MMta^p tendent of the city scho^a^d, ojftg&BflftgPP i%Ms^te l fh%faJi&. of education, torbe Ijbe, rep^entati^es r) o| ^scj^^on.^poujj^^t- boards snail vote in the county and township in which their school houses anmssfseiii iwngF Pfeiff S9S d w4iSHffiB^til» , "l; %fe fai fM u lfi°ffiPfeP e i w fe^[SWM? n lfifi.n9ftP d ilM»P e 4 ift s^suff, fl6i^ h S*°HBjy-.i(HBteJ x Wlfe : ^P a f4^ 4? t ^»WM n Sj ) WPEflY e «iK" .otto :a (. WW^J^iew^^oU^tfiJgfc a, ftfet.-.gffarS^ {La^l^, Q!?> .l ; ?A)jr§eor^[]ii T^afiQftpty,i^ftpejjnteffl|d^}iJi,jof' p«lbJjp.iiiB«tru«t»»« sMlMMiP^Wjfibaifimaa okssi&liqQun^ tegt-k»K)fc^9aiid,and>BhailifU^ *mk eajjbrfcbflol, dj^y^feife^t^tljfti^TfeoQksjseJ^ted aadipfssoritbadii* SCHOOL LAWS OF KANSAS. 35 pursuance of the provisions of this act, which list shall be posted by the district clerks in their respective school houses; and said list shall com- prise the only legal text-books for the schools of said county, and it is Jiereby required of the school board to conform to the said lists in the text-books prescribed for use in their schools. Once in every Five Years.— Sec. 89. [Laws 1885, Ch. 171, Sec. 7 ] A county text-book board may be elected once in every five years in each county, in the manner prescribed in this act, whose powers and duties shall be the same as those hereinbefore enumerated. Cities of the First and Second Class may. — Sec. 90. [Laws 1885, Ch. 171, Sec. 8.] Any cities of the first and second class are hereby ex- empted from the provisions of this act, except that any such city may, by a vote of its board of education, decide to join in a uniformity of text- books with the county in which such city is situated ; and so deciding, such city shall be represented on the county text-book board, as provided in section 2 of this act. When Change may be Made. — Sec. 91. [Laws 1885, Ch. 171, Sec. 9.] When a uniformity of text-books shall be adopted in any county in pursuance of the provisions of this act, no change shall be made in such county for a period of five years from the date of such adoption of any particular series of text-books; but no member of any board of education, school board, or text-book board, and no teacher while employed in teaching, shall act as agent for any author, publisher, or bookseller ; nor shall any member of said boards, or any of them, or any employed teacher, directly or indirectly receive any gift, emolument or reward for his or her influence in recommending or introducing any book, school apparatus or furniture of any kind whatever; and any member of either of said boards, and any teacher, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be punished as provided in section 2 of chapter 157 of the laws of 1879. Penalty.— Sec. 92. [Laws 1879, Ch. 157, Sec. 2.] That any mem- ber of any school-district board or board of education who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period not less than six months, or by both such fine and imprisonment; and any teacher who shall, violate any of the provi- sions of this act shall be liable to immediate dismissal. Disposition of Fines.— Sec. 93. [Laws 1879, Ch. 157, Sec. 3.] All fines collected for any violation of this act shall be paid to the treas- urer of the county where the suit is brought, for the support of common schools. 36 SCHOOL LAWS OF KANSAS. Taxes.— Sec. 94. [Laws 1876, Ch. 122, Art. 4, Sec. 30.J It shall be the duty of the school-district boards of the various school districts in the respective counties of the state to cause to be certified by the school- district clerk to the county clerk of their respective counties, on or before the 25th day of August, annually, the aggregate percentage by them levied on the real and personal property in each district, as returned on the assessment roll of the county; and the county clerk is hereby author- ized and required to place the same on the tax-roll of said county, in a .separate column or columns, designating the purpose for which such taxes were levied ; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the •county, with the same power and restrictions and under the same regula- tions, and in all respects, as to the sale of real or personal property. He shall be authorized, and he is hereby required, to act according to the provisions and requisitions of the law 'for the collection of the taxes for state and county purposes. Judgments.— Sec. 95. [Laws 1876, Ch. 122, Art. 4, Sec. 31. J Whenever any final judgmeut shall be obtained against any school dis- trict, the district board shall levy a tax on such taxable property io the •district for the payment thereof. Such tax shall be collected as other .school-district taxes, but no execution- shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid, for the space of thirty days after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judg- ment creditor of the district may have and recover a judgment against the officer or officers so in default, for the amount due him on such judg- ment against the district, with costs, upon which execution shall issue. Removal of School Houses, etc.— Sec. 96. [Laws 1876, Ch. 122, Art. 4, Sec. 32.] That whenever a school house or other improvements have been made upon the claim of any settler upon any of the public, Indian or railroad lands within this state, to which the said settler had .no title, it shall be lawful for the school directors of the proper school district to remove the said school house or other improvements from the saiil claim at any time within one year from the time that the settler in any given case may acquire a title to his said claim : Provided, That if the said settler, in any given case, shall convey to said board of school directors one acre of the land upon which said school house or other im- provements are situated, the same shall not be removed : And provided further, That if any school house shall have been built of stone, brick or frame, costing not less than five hundred dollars, the probate judge of the county shall appoint three disinterested persons, who shall appraise SCHOOL LAWS OF KANSAS. 37 and condemn one acre of such land upon which said improvements shall have been located ; and it shall be the duty of the school directors of such district to pay the owner of such land the value of such land as found by 6aid appraisers. Use of School House.— Sec. 97. [Laws 1876, Ch. 125, Sec. L] The district board shall have the care and keeping of the school house and other property belonging to the district. They are hereby authorized to open the school house for the use of religious, political, literary, scientific, mechanical or agricultural societies belonging in their district, for the purpose of holding the business or public meetings of said societies, un- der such regulations as the school board may adopt. $ 98. Branches taught in common schools; In- struction shall be given in the English language. 99. School month defined.' 100. District schools free to all resident children. ARTICLE VI. — Distbiot Schools. J 101. Penalty for violation of this article; shall not apply to officers of cities of first and second class. 102. Pupils with contagions diseases excluded, when. 103. When a tuition fee may be assessed. Branches Taught— Sec. 98. [Laws 1877, Ch. 170, Sec. 1.] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography, and arithmetic, and such other branches as may be determined by the district board : Provided, That the instruction given in the several branches taught shall be in the Eng- lish language. School Month.— Sec. 99. [Laws 1876, Ch. 122, Art. 5, Sec. 2.] A school month shall consist of four weeks of five days each, of six hours per day. Free Schools.— Sec. 100. [Laws 1876, Ch. 122, Art. 5, Sec. 3.] The district schools established under the provisions of this act shall at all times be equally free and accessible to all the children resident therein over five and under the age of twenty-one years, subject to such regula- tions as the district board in each may prescribe. Penalty.— Sec. 101. [Laws 1877, Ch. 170, Sec. 2.] The members Sec. 97. This section does not mean that school hoards must open the school house for the purposes mentioned, but that they may do so if they think it best to do so. Sec. 98. By the laws of 1885, ch. 169, sec. 1, physiology and hygiene, with special reference to the effects of alcoholic stimulants and narcotics upon the human system, must also be taught in each pub- lic school supported by public money and under state control. Sec. 101. The words " any children,'' used in the opening sentence and in the proviso of this' section must obviously mean any children of school age residing in the district. Section 77 authorizes but does not require the district board to admit scholars from adjoining districts. 38 SCHOOL LAWS OP KANSAS. of any district board willfully violating any of the provisions of this ar- ticle, or refusing the admission of any children into the common schools, shall forfeit to the county the sum of one hundred dollars each for every month so offending during which such schools are taught; and all moneys forfeited to the common-school fund of the county under this act shall be expended by the county superintendent for the education of such chil- dren in the school district thus denied equal educational advantages : Pro- vided, That any member of said board who shall protest against the action of his said board in excluding any children from equal educational advan- tages, or in violating any of the provisions of this article, shall not be subject to the penalty herein named : And provided further, That the pro- visions of this act shall not apply to cities of the first or second class. Contagious Diseases.— Sec. 102. [Laws 1876, Ch. 122, Art. 5, Sec. 5.] No pupil infected with any contagious disease shall be allowed to attend any common school, or remain in any school room while so infected. Tuit on Fee.— Sec. 103. [Laws 1876, Ch. 122, Art. 5, Sec. 6.] Whenever there be not public money enough belonging to any school district to support a public school the length of time determined at the annual meeting, or at a special meeting duly called, the district board, to meet said deficiency, may assess a tuition fee upon each scholar attending such school, the assessment to be proportioned to the number of days each pupil has been in actual attendance during the term: Provided, That no tuition fee shall be levied upon the scholars in any of the public schools of this state, in accordance with the provisions of this act, unless the en- tire amount of one per cent, for teachers' wages, as required by law, be first assessed upon the taxable property of said school district. ARTICLE VII. — Compulboet Attendance at School. §106. Duty of school officers; penalty for neg- lect. 107. Malicious prosecution. 2104. Number of weeks children are required to attend school. 105. Penalty for failure to comply with the pro- visions of this act. Children Shall Attend School.— Section 104. [Laws 1874, Ch. 122, Sec. 1.] That every parent, guardian or other person in the state of Kansas, having control of any child or children between the ages of eight and fourteen years, shall be required to send such child or children to a public school or private school, taught by a competent instructor, for a period of at least twelve weeks in each year, six weeks of which time shall be consecutive, unless such child or children are excused from such attendance by the board of the school district, or the board of education of the city in which such parent, guardian or person having control SCHOOL LAWS OF KANSAS. 39 resides, upon its being shown to their satisfaction that such parent or guardian was not able by reason of poverty to clothe such child prop- erly ; or that such child's bodily or mental condition has been such as to prevent his attendance at school or application to study for the period required; or that such child or children are taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district or city in which the child re- sides; or that he has already acquired the ordinary branches required by law; or that there is no school taught within two miles by the nearest traveled road. Penalty for Violation of this Act.— Sec. 105. [Laws 1874, Ch. 122, Sec. 2.] Any parent, guardian, or other person failing to com- ply with the provisions of this act, shall upon conviction be deemed guilty of a misdemeanor, and fined in a sum not less than five nor more than ten dollars for the first offense, nor less than ten nor more than twenty for the second and every subsequent offense. Said action shall be prosecuted in the name of the state of Kansas before any court of com- petent jurisdiction; and all fines so collected shall be paid into the county treasury for the support of common schools. Duty of School Officers; Penalty.— Sec. 106. [Laws 1874, Ch. 122, Sec. 3.] It shall be the duty of any school director or president of the board of education to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting the rea- son, if any, therefor, and shall forthwith proceed to secure the prosecution of any offense occurring under this act; and any director or president neglecting to secure such prosecution for such offense within ten days after a written notice has been served on him by any tax-payer in said district or city, unless the person so complained of shall be excused by the district or city board of education for reasons hereinbefore stated, shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty nor more than fifty dollars, which fine shall be prosecuted for and in the name of the state of Kansas ; and such fine, when col- lected, shall be paid into the county treasury as in section 2 of this act. Malicious Prosecution.— Sec. 107. [Laws 1876, Ch. 122, Sec. 4.] That upon the trial of any offense, as charged herein, if upon such trial it shall be determined that such prosecution was malicious, then the costs in such case shall be adjudged against the complainant, and collected aa fines in other cases. ARTICLE VIII. — Pbotidino pob a Foub-Months School, When. fi08. Four-months school required, if school-house I £109. Levy of tax for same ; manner of. be good. | 110. Failure of school board to hire teacher Length of School Term.— Section 108. [Laws 1881, Ch. 150, 40 SCHOOL LAWS OP KANSAS. Sec. l.J That in all school districts in this state in which there is a good and sufficient school building, a school shall be maintained for a period of not less than four months, between the first day of October and the first day of June in each school year. Tax Levy.— Sec. 109. [Laws 1881, Ch. 150, Sec. 2.] Should the legal voters of any school district, at the annual school meeting, or special meeting called for that purpose, or the school-district board, neglect, re- fuse or fail to provide a sufficient levy of tax upon the taxable property of such district to maintain a public free school for a period of not less than four months in each school year, the county superintendent of such county shall in conjunction with the county commissioners, immediately make an estimate of the amount necessary to support and maintain a public free school in such district for a period of not less than four months for the then ensuing school year, and certify the same to the county clerk of such county ; and it is hereby made the duty of such county clerk to place the said levy upon the tax-roll of said county for that year, and such tax shall be collected at the same time and in like manner as other taxes are collected. Duty of County Superintendent.— Sec. 110. [Laws 1881, Ch. 150, Sec. 3.] The county superintendent shall, upon the failure or refusal of the board of directors of any school district to provide and main- tain such school as is provided by this act, on or before the first day of December of the current school year, hire a teacher or teachers for such school district, and provide the necessary fuel and appendages for the maintenance of such school or schools for at least four months dur- ing the current school year; and upon the close of such school, and after the teacher of said school has made such reports of the same as provided by law, he shall certify to the treasurer of such district the amount due such teacher for his services, and also the amount due, and the party or parties to whom due, for fuel and other necessary expenses incurred in the support and maintenance of such school ; and it is hereby made the duty of the treasurer of such district to pay, upon the order of such county superintendent, the amount or amounts found due by said county superintendent, and the filing of a sworn itemized statement of the sev- eral amounts so found due by such person or persons : Provided, That any qualified voter of such district is hereby authorized to bring suit against such county superintendent, in the name of and in behalf of the district, for failure to comply with the provisions of this act; and all fines collected under the provisions of this act shall be paid into the county treasury for the use and benefit of the county school fund of such county: Provided, further, That the provisions of this act shall not apply to those school districts which will be required to levy more than one per cent, to support and maintain such school as is provided for by this act. SCHOOL LAWS OF KANSAS. 41 ARTICLE IX.— County High Schools. \ 121. Three courses of study shall be provided. 122. Tuition; rules and regulations to be adopted by the board of trustees. 123. Vacancies may be filled from other counties, when. 124. Principal shall make rules and regulations for government of school . 125. Eights and privileges of those graduating from normal course. 126. Report of trustees to board of county com- missioners. 127. Vacancies in board of trustees, how filled, 128. Salary of trustees. {111. What counties may establish. 112. Election, how called. 3113. County commissioners shall canvass rote, etc., and appoint trustees. 114. Trustees elected, when and how. 115. Officers of the board of trustees; quorum for transaction of business. 116. Estimate of funds, when made; tax shall not exceed six mills. 117. Tax levied, 'collected and paid out, how. 118. Duties of treasurer and secretary of high school. 119. Site to be selected and purchased by board of trustees; may lease suitable buildings. 120. Principal and assistant teachers to be em- ployed by board of trustees. What Counties.— Section 111. [Laws 1886, Ch. 147, Sec. l.J Each county having a population of six thousand inhabitants or over, as shown by the last state or federal census, may establish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons who desire t'» fit them- selves for the vocation of teaching. Election.— Sec. 112. [Laws 1886, Ch. 147, Sec. 2.] When one- third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of county commissioners requesting that a county high school be established in their county at a place in the said petition named, or whenever the said county commis- sioners shall at their discretion think proper, they shall give twenty days' notice previous to the next general election, or previous to a special elec- tion called for that purpose, that they will submit the question to the electors of said county whether such high school shall be established, and at the place specified, at which election the electors of the county shall vote by ballot for or against establishing such high school. The notice contemplated in this section shall be given as are all leg&l notices of a general or of a special election. Board of Trustees.— Sec. 113. [Laws 1886, Ch. 147, Sec. 3.] After said election, the ballots on said question shall be canvassed in the same manner as in the election for county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be residents and freeholders of the county but not more than two of whom shall be residents of the same township or city, who shall with the county superintendent of instruction constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his 42 SCHOOL LAWS OF KANSAS. office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the usual oath of office, and by giving such bond as may be required by said county commissioners for the faithful discharge of his duties. Trustees Elected, When.— Sec. 114. [Laws 1886, Ch. 147, Sec. 4.] At the next general election after said appointment there shall be elected in said county six high-school trustees, who shall be divided into three classes of two each,, the term of office of each class to be one, two and three years, respectively, the respective terms to be decided by lot. Each year thereafter there shall be two such trustees elected to succeed those whose term is about to expire. Said trustees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. President, Secretary, and Treasurer. — Sec. 115. [Laws 1886, Ch. 147, Sec. 5.] The county superintendent shall, by virtue of his office, be president of said board of trustees. At their first meeting in each year they shall appoint from their own number a secretary and treasurer, who shall perform the usual duties devolving upon such officers, and shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the county commissioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. Teachers' Wages.— Sec. 116. [Laws 1886, Ch. 147, Sec. 6.] At said first meeting, or at some succeeding meeting called for such purpose, said trustees shall make an estimate of the amount of funds needed for building purposes, for payment of teachers' wages, and for payment of contingent expenses, and they shall present to the board of county com- missioners a certified estimate of the rate of tax required to raise the amount desired for such purpose. But in no case shall the tax for such purpose exceed in one year the amount of six mills on the dollar on the taxable property of the county ; and when the tax is levied for the payment of teachers' wages and for contingent expenses only, it shall not exceed three mills on the dollar. Tax Levied and Collected.— Sec. 117. [Laws 1886, Ch. 147, Sec. 7.] Said tax shall be levied and collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school, in the same manner that school funds are paid to the district treasurers, as required by law. Duties of Officers.— Sec. 118. [Laws 1886, Ch. 147, Sec. 8.] The said treasurer of the high school shall receive from the county treasurer, and from other parties, all moneys that belong to the funds of said school, and shall pay out the same only by direction of the board of trustees, SCHOOL LAWS OP KANSAS. 43 upon orders duly signed by the president and countersigned by the secre- tary, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate account of all moneys received and expended for said school, and at the close of each year, or oftener if re- quired by the board of trustees, they shall make a full statement of the financial affairs of the school. locate Site and Lease Buildings. — Sec. 119. [Laws 1886, Ch. 147, Sec. 9.J The said board of trustees shall proceed, as soon as practicable after the appointment as aforesaid, to select at the place determined by the vote of the county the best site that can be obtained without ex- pense to the county, and the title thereof shall be vested in the said county ; they shall then proceed to make purchases of material, and to let such contracts for their necessary school buildings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax for that year. The board of trustees at their discretion may lease suitable buildings for the use of the high school while new buildings are in process of erection, the rent to be paid by the fund created by the levy for high-school purposes. Employ Principal.— Sec. 120. [Laws 1886, Ch. 147, Sec. 10.] When such board of trustees shall have finished a building for said school, they shall employ some suitable person who shall take charge of the same and teach in the same, and shall be known as the principal of such school ; "and the trustees shall furnish such assistant teachers as they deem necessary, and shall provide for their salaries. Courses of Instruction.— Sec. 121. [Laws 1886, Ch. 147, Sec. 11.] There shall be provided three courses of instruction, each requiring three years' study for completion, namely, a general course, a normal course, and a collegiate course. The general course shall be designed for those who cannot continue school life after leaving said high school. The nor- mal course shall be designed for those who intend to become teachers, and shall fully prepare any who wish to enter the first year of professional work at the state normal school. The collegiate course shall fully prepare those who wish to enter the freshman class of the state university, or of the state agricultural college, or of any other institution of higher learning in this state. Whenever practicable, students in these courses shall recite in the same classes. Students in the last year of the normal course may be employed for a portion of their time in teaching the pupils of the first year in any course, and model schools shall be encouraged. Tuition and Admission. — Sec. 122. [Laws 1886, Ch. 147, Sec. 12.] Tuition shall be free to all pupils residing in the county where the school is located. The board of trustees shall make such general 44 SCHOOL LAWS OF KANSAS. rules and regulations as they deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school: Pro- vided, That no person shall be admitted to such high school who shall not have passed a satisfactory examination in all the work of district schools of the county in which such high school is situated. If there should be more applicants than can be accommodated at any one time, each district shall be entitled to send its equal proportion of pupils, ac- cording to the number of pupils it may have, as shown by the last report to the county superintendent of public instruction; and the boards of the respective school districts shall designate such pupils as may attend, subject to the proviso above. Non-Resident Pnpils.— Sec. 123. [Laws 1886, Ch. 147, Sec. 13.] If at any time the school can accommodate more pupils than apply for admission from that county in which the school is situated, the vacancies may be filled by applicants from other counties, upon the payment of such tuition as the board of trustees may prescribe, but at no time shall such pupils continue in such school to the exclusion of pupils residing in the county in which such school is situated. Rules and Regulations. — Sec. 124. [Laws 1886, Ch. 147, Sec. 14.] The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge; and if any such pupils will not conform to nor obey the rules of the school, they may be suspended or expelled therefrom by the board of trustees. Privileges of Graduates.— Sec. 125. [Laws 1886, Ch. 147, Sec. 15.] Those graduating from the normal course in the county high school shall be entitled to a teachers' second-grade certificate, and shall be admitted to the first year of professional work at the state normal school without further examination; and those graduating from the collegiate course shall be entitled to admission to the freshman class of the state university, and of the state agricultural college, without further examination. Report of Trustees.— Sec. 126. [Laws 1886, Ch. 147, Sec. 16.] The board of trustees shall annually make a report to the county commis- sioners, which shall specify the number of students attending the high school during the year, their sex and the branches taught, the text-books used, the number of teachers employed, the salaries paid, the amounts ex- pended respectively for library, apparatus, buildings, and for all other purposes; also the amount of funds on hand, the debts unpaid, if any; the amounts due, if any; and all other information deemed important or expedient to report. Said report shall be printed in at least one news- paper of the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public instruction. SCHOOL LAWS OF KANSAS. 45 Yacancies.— Sec. 127. [Laws 1886, Ch. 147, Sec. 17.] The county commissioners shall have power to fill any vacancies that may occur in the board of trustees for that county, by appointment until the next gen- eral election. Compensation.— Sec. 128. [Laws 1886, Ch. 147, Sec. 18.] The county commissioners shall allow each member of the board of trustees the sum of two dollars per day for the time actually employed in the dis- charge of his official duties, and when such accounts are presented for payment they shall be audited and paid out of the county treasury in the same manner as other accounts against the county. Said trustees shall not be entitled to any other remuneration for services and expenses. ARTICLE X. — Kobmazi Institutes, and Cbbtitio.a.ties. 143. 143. 144. 145. 146. 147. 148. 149. 150. State certificates. State examinations. County board of examiners, how consti- tuted ; qualifications and appointment of examiners. Public examinations; notice of same. Uniform examinations. State superintendent shall forward ques- tions, when. Grades of certificates; first, second, and third. First grade, to whom issued. Second grade, to whom issued. Temporary certificate. Examination of teachers in physiology and hygiene. County certificates of force, where ; may be revoked, for what causes. 1 129. Normal institutes to be held annually. \ 139. 130. Conductors and instructors; certificate of 140. special qualifications required. -^ 131. Normal institute fund, how raised; each candidate for a teachers' certificate shall pay a fee of one dollar. 132. County treasurer custodian of fund. 133. County superintendent shall transmit funds to county treasurer. 134. State superintendent of public instruction shall certify to state auditor the number of persons enrolled in each institnte; auditor shall issue order on state treasurer for fifty dollars. 135. Institute fund, how disbursed. 136. County superintendent shall execute bond. 137. Union institutes, how formed; custodian of fund. 138. State hoard of education, how constituted; may issue state diplomas, to whom; may issue state certificates, to whom; shall meet where, and how often. Normal Institutes.— Sec. 129. [Laws 1877, Ch. 136, Sec. l.J The county superintendents of public instruction shall hold annually, in their respective counties, for a term of not less than four weeks, a normal insti- tute for the instruction of teachers and those desiring to teach : Provide! That in the sparsely-settled portions of the state, two or more counties may be united in holding one normal institute, as hereinafter provided. Conductor and Instructors.— Sec. 130. [Laws 1877, Ch. 136, Sec. 2.] The county superintendent of public instruction, with the advice and consent of the state superintendent of public instruction, shall determine the time and place of holding such normal institutes, and shall select a conductor and instructors for the same : Provided, That no person shall be paid from the institute funds for services as conductor or instructor of 46 SCHOOL LAWS OP KANSAS. said institutes who has not received a certificate from the state board of examiners as to his special qualifications for that work. Normal-Institute Fund.— Sec. 131. [Laws 1877, Ch. 136, Sec. 3.] To defray the expenses of said institute, the county superintendent shall require the payment of a fee of one dollar from each candidate for a teachers' certificate, and the payment of one dollar registration fee for each person attending the normal institute; and the board of county commissioners may appropriate, as may by them be deemed necessary, for the further support of such institutes: Provided, Such appropriation does not in any one year exceed the sum of one hundred dollars. Custodian.— Sec. 132. [Laws 1877, Ch. 136, Sec. 4.] The fund thus created shall be designated the " normal-institute fund," and the county treasurer shall be the custodian of the said fund. Monthly Reports.— Sec. 133. [Laws 1877, Ch. 136, Sec. 5.] The county superintendent shall, monthly, and at the close of each institute, transmit to the county treasurer all moneys received by him, as provided in section three, together with the name of each person so contributing, and the amount j and the county treasurer shall place all such moneys to the credit of the "normal-institute fund." State Aid.— Sec. 134. [Laws 1877, Ch. 136, Sec. 6.] It shall be the duty of the state superintendent of public instruction, annually, when fifty persons have registered as members of any normal institute organized under the provisions of this act, and have paid the required registration fee, to certify the same to the auditor of state, who shall forward to the county treasurer of said county an order on the treasurer of the state for the sum of fifty dollars to be paid out of any money appropriated for that purpose; which amount the county treasurer shall place to the credit of the "normal-institute fund." And the sum of three thousand dollars, or so much thereof as may be required, is hereby appropriated for the purposes herein named, for the fiscal year ending June 30, 1878, and the same amount for the fiscal year ending June 30, 1879. Disbursements — Sec. 135. [Laws 1877, Ch. 136, Sec. 7.] All dis- bursements of the "normal-institute fund" shall be upon the order of the county superintendent, and no orders shall be drawn on said fund except for claims, approved by the county superintendent, for services rendered or expenses incurred in connection with the normal institutes. Bond.— Sec. 136. [Laws 1877, Ch. 136, Sec. 8] Each county super- Seo. 131. The county superintendent must require the payment of a fee of one dollar from each candidate for a teachers' certificate. This fee should be collected in advance, and it cannot be returned to the unsuccessful applicant. Sec. 135. See also section 130. It is unlawful for the county treasurer to pay an order on the normal- institute fund drawn "for services rendered," in favor of any person not holding the certificate of the state board of education, for Institute work. SCHOOL LAWS OF KANSAS. 47 inteudent of public instruction shall, immediately after the passage of this act, and hereafter, before entering upon the duties of his office, exe- cute a bond to the state of Kansas in the sum of one thousand dollars, with one or more sureties, conditioned for the faithful performance of his duties, which bond shall be approved by the county clerk and filed in his office. Union Institutes.— Sec. 137. [Laws 1877, Ch. 136, Sec. 9.] Two or more counties, each having less than three thousand inhabitants, may be united in holding one normal institute, with the consent and by the direction of the state superintendent of public instruction : Provided, That the several county superintendents of the counties thus uniting shall choose one of their number to act for them in determining the time and place of holding the normal institute, and in selecting a conductor and instructors for the same, as provided in section 2 : And provided, That the person thus chosen shall draw all orders upon the "normal-institute fund," as provided in section 7 [135]: And provided, That the treasurer of the county in which such normal institute is held shall be the custodian of the "normal-institute fund," to whom the state and county appropria- tion for the benefit of the normal institute shall be transmitted, and to whom the several county superintendents of the counties thus uniting shall transmit the fees collected as provided in section 3 [131]. State Board of Education.— Sec. 138. [Laws 1876, Ch 122, Art. 6, Sec. 7.] There shall be a state board of education, consisting of the state superintendent of public instruction, the chancellor of the state uni- versity, the president of the state agricultural college, and the principals of the state normal schools at Emporia and Leavenworth. The state board of education thus constituted are hereby authorized and empowered to issue state diplomas to such professional teachers as may be found, upon a critical examination, to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an unexceptionable moral character and of eminent professional experience and ability, and who have taught for two years in the state. All such diplomas shall be countersigned by the state superintendent of public instruction, and shall supersede the necessity of any and all other examinations of the person holding the same by county, city or local boards of examiners; and such diplomas shall be valid in any county, city, town or school district in the state during the lifetime of the holder, unless revoked by the state board of education. State Certificates.— Sec. 139. [Laws 1876, Ch. 122, Art. 6, Sec. 8.] The state board of education are furthermore authorized and empowered to issue state certificates of high qualifications to such teachers as may be found, upon examination, to possess the requisite scholarship, and 48 SCHOOL LAWS OF KANSAS. who may also exhibit satisfactory evidence of good moral character, and ability to teach, and skill to govern and control children. The certifi- cates issued by the state board of education may be of two grades- one for three years and one for five years; and all certificates issued by said boards shall be countersigned by the state superintendent of public instruction, and such state certificates shall supersede the necessity of all other examinations of the persons holding them by county or local boards of examiners; and such certificate shall be valid in any county, city, town or school district in the state for the term of three or five years (as therein set forth), unless sooner revoked by said state board of education. State Examinations.— Sec. 140. [Laws 1876, Ch. 122, Art, 6, Sec. 9.J The state board of education shall meet at the city of Topeka on the fourth Monday of August in each year, and at such other times and places as may by them be deemed necessary, and proceed to the trans- action of such business as may legally come before them, and to examine all applicants who may present themselves for such examination ; and if satisfied with the scholarship, culture, and moral character of the appli- cant, and with his professional attainments and experience, said board shall issue a state diploma, or certificate, as the case may be, in accordance with such examinations and the provisions of this act: Provided, That the provisions of this act shall be carried out without expense to the state. County Board of Examiners. — Sec. 141. [Laws 1885, Ch. 175, Sec. l.J In each county there shall be a board of county examiners, com- posed of the county superintendent, who shall be ex officio chairman of the board, and two competent persons, holders of first-grade certificates or of state certificates, or of diplomas from the state university, the state normal school, or the state agricultural college, who shall be ap- pointed by the county commissioners on the nomination of the county superintendent, and shall serve one year from the time of their respective appointments, and each of whom shall receive for his services the sum cf three dollars per day for not to exceed three [four] days in any one quar- ter of the year. Public Examinations.— Sec. 142. [Laws 1885, Ch. 175, Sec. 2.] The board, two of whom shall constitute a quorum, shall, on the last", Sat- Sec. 142. (a) An examination is not " public " unless every one who desires to do so is permitted to know the questions put to and the answers returned by the candidates for certificates. In oral exam- inations, of course, it is every person's privilege to hear all that is said by both examiner and applicant, in written examinations, it would be well to have all papers submitted by the candidates filed in the office of the county superintendent, where interested parties could see them at any time. If this wen done, it would compel examiners to be impartial in their grading, often relieving them from very unjust criticism ; and it would greatly assist school officers in making selections of teachers. (6) Should an examiner desire to " pass " at a public examination conducted by the other two mem- bers of the board, his examination should certainly be thorough and exhaustive. The county superin- tendent cannot legally examine one of the members of the board and issue to him a certificate, without the assistance and concurrence of the other members of the board. (c) The awarding of a certificate, or any other act within the jurisdiction of the board, must have SCHOOL LAWS OF KANSAS. 49 nrday of January, October and April, and at the close of the county normal institute, only at such places as may be designated by the chair- man, (who shall give ten days' notice of each examination,) publicly ex- amine all persons proposing to teach in the common schools of the county (cities of the first and second class excepted), as to their competency to teach the branches prescribed by law; and such board of examiners shall issue certificates, as hereinafter provided, to all such applicants as shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern schools successfully. Uniform System of Examinations. — Sec. 143. [Laws 1885, Ch. 180, Sec. l.J That the state board of education is hereby instructed to prepare a series of questions for each examination, to be used in each county of the state of Kansas for the examinations of teachers; and the state superintendent is hereby instructed to procure the printing of the same and distributing to the superintendents of the several counties in the state, as hereinafter provided. Questions Shall be Forwarded.— Sec. 144. [Laws 1885, Ch. 180, Sec. 2.] The state «,. ^rintendent shall forward all questions to the superintendents of the several counties in the state of Kansas : Provided, That said questions shall be forwarded in time to reach their destination at least two days before required for use: And provided further, That said questions shall not be opened except in the presence of a majority of the examining board on the day and hour of examinations. Grades of Certificates.— Sec. 145. [Laws 1885, Ch. 175, Sec. 3.] Certificates issued by county boards shall be of three grades : first, second and third, and shall continue in force respectively, three years, two years, and one year. d uly received, in the lawful coarse of business, the consent of at least two members of the board, In order to be, legally, an act of the board. County certificates can be legally granted only by the board. ((f) The county superintendent, as chairman of the board, may designate places of examinations. (e) A county certificate cannot be lawfully dated back beyond the time when the county board, in the lawful course of business, actually awarded the same. (/) Although county boards may, by revocation for cause, abridge, they cannot lawfully extend the time during which a certificate issued by them shall be in force, nor renew the same withont a public examination of the holder thereof. (g) A full single public examination is the only legal basis for the issue of a certificate. It is the province of the board to determine the standing of the applicant in every study; if that standing is in every particular what this section requires, the certificate may be issued; but the board should inquire into the "competency" of the candidate to teach and govern a school successfully. This competency is not to be assumed from the fact that the applicant passes the examination; it must be shown to the satisfaction of the examiners. It is proper for the board to refuse especially the first-grade or second-grade certificate to applicants passing the necessary examination but not satisfying the board of tbeir ability to "teach and govern school successfully." Applicants are examined as to their competency to teach; and while they may be ninety or ninety-nine on examination, they are not necessarily possessed of such " ability to teach" .] The treasurer of each county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same shall become payable. Pay to the District Treasurer.— Sec. 274. [Laws 1876, Ch. 122, Art. 16, Sec. 7.] Each county treasurer receiving such moneys shall, upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. Insurance Companies. — Sec. 275. [Laws 1876, Ch. 122, Art. 16, Sec. 8.] . . . Every insurance company doing business in this state shall, in addition to the fees required by this act, (chapter ninety-three, laws of eighteen hundred and seventy-one,) pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. ARTICLE XVII.— County School Fund. ^276. County treasurer shall collect all moneys due to the county school fund. 277. County clerk shall report amount of county school fund to county superintendent. 278. Justices shall report to county superintend- ent proceeds of fines and estrays. 279. Moneys and property, to be delivered to whom. County Treasurer.— Section 276. [Laws 1876, Ch. 122, Art. 17, Sec. 1.] The county treasurer shall collect all moneys due the county for school purposes, from fines, forfeitures, or proceeds from the sale of estrays, and all moneys paid by persons as equivalent for exemption from military duty ; and he shall, upon proper application of the district treas- urer of any district in the county, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. He shall also collect the delinquent taxes on real estate in any district, in the same manner as county taxes are collected, whenever such delin- quent tax list shall have been lawfully reported and returned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due; and if any county treasurer shall refuse to de- liver over to the order of the county superintendent any school money in his possession, or shall use or permit to be used for any other purpose than is specified in this act, any school money in his possession, he shall on conviction thereof be adjudged guilty of a misdemeanor, and be pun- g 280. No compensation, 281. Penalty if county treasurer fails to pay over. 282. Unclaimed money shall be paid by adminis- trator into county school fund, when. 283. Fines and penalties paid into common-school fund. SCHOOL LAWS OF KANSAS. 85 ished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year. County Clerk.— Sec. 277. [Laws 1876, Ch. 122, Art. 17, Sec. 2.] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superin- tendent a true statement of any county school money then in the county treasury. Justice of the Peace.— Sec. 278. [Laws 1876, Ch. 122, Art. 17, Sec. 3.] Each justice of the peace shall report to the county superintend- ent, on the first day of March and on the twenty-fifth day of July of each year, the amount received from the proceeds of fines and estrays dur- ing the six months preceding, and belonging to the school fund of the county; and each justice of the peace, at the time of making his report to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be disbursed by the county superintendent at the next ensuing semi-annual dividend. Moneys and Property.— Sec. 279. [Laws 1876, Ch. 122, Art. 17, Sec. 4.] All persons having school moneys or other school property in their possession, by virtue of any act heretofore passed, are hereby re- quired to pay over and deliver the same to the proper officers provided for by this act. No Compensation.— Sec. 280. [Laws 1876, Ch. 122, Art. 17, Sec. 5.] No county treasurer shall receive any compensation for disbursing or re- ceiving either county or state school moneys. Fine.— Sec. 281. [Laws 1876, Ch. 122, Art. 17, Sec. 6.] Any county treasurer who shall neglect or fail to pay over any school money in the treasury, on application, shall be subject to a fiue of not less than five hundred dollars for every such neglect or failure. Unclaimed Moneys.— Sec. 282. [Laws 1876, Ch. 122, Art. 17, Sec. 7.] If any sum of money directed by an order of the court to be dis- tributed to heirs, next of kin, or legatees, shall remain for the space of one year unclaimed, the executor or administrator shall pay over the same to the treasurer of the county for the benefit of common schools of the county. Common-School Fund.— Sec. 283. [General Statutes, Ch. 82, Sec. 332.] All fines and penalties imposed, and all forfeitures incurred in any county, shall be paid into the treasury thereof, to be applied to the support of common schools. —6 86 SCHOOL LAWS OF KANSAS. §284. How and to whom drawn. 285. Shall be sworn to before. 286. Shall be signed by and attested by. 287. Record of all warrants. 288. All warrants countersigned by. ARTICLE XVIII. — Eegisteation of Waebants. [289. Payment of warrants. 290. Indorsed when no lunds. 291. Publications of lists. 292. Delivery of books to successor. 293. Penalty. How and to Whom Drawn.— Sec. 284. [Laws 1891, Ch. 249, Sec. 1.] All warrants shall be drawn to the order of the person or persons enti- tled to receive the same, and shall specify the nature of the claim or ser- vice for which they were issued and out of what fund payable; and the term warrants, as used in this act, shall be understood to include all or- ders of any kind or description authorized by law to be drawn on public treasurers for money payments. Sworn to.— Sec. 285. [Laws 1891, Ch. 249, Sec. 2.] No warrants shall be issued except under due authority as provided by law; and no warrants shall be issued or authorized by any board of county commis- sioners, city council, township board, school-district board, or board of education, except on audited account duly itemized in writing and veri- fied by affidavit, setting forth that the same is just and correct and re- mains due and unpaid ; and for the purpose of such affidavit, the chairman of the county board, the mayor of the city, the township trustee, the di- rectors of the school district, and the president of the board of education, and the respective clerks thereof, shall have power to administer oaths. Signed and Attested.— Sec. 286. [Laws 1891, Ch. 249, Sec. 3.] County warrants shall be signed by the chairman of the board of county commissioners, and attested by the clerk; city warrants shall be signed by the mayor, and attested by the city clerk ; township warrants shall be signed by the township trustees, and attested by the township clerk; school-district warrants shall be signed by the director, and attested by the clerk ; board-of-education warrants shall be signed by the president, and attested by the clerk. Record.— Sec. 287. [Laws 1 891 , Ch. 249, Sec. 4.] The clerk of every county, township, city, school district or board of education shall keep a correct record of all warrants drawn on the treasury of such county, township, city, school district, or board of education, showing the num- ber, date, and amount thereof, on what fund drawn, and the name of the person or persons to whom the same are made payable. Countersigned.— Sec. 288. [Laws 1891, Ch. 249, Sec. 5.] Before de- livering any warrant to the person or persons for whose benefit the same is drawn, the clerk shall present the same to the treasurer, who shall enter in a book by him kept for that purpose, the number, date, and SCHOOL, LAWS OP KANSAS. 87 amount of such warrant, on what fund drawn, and the name of the payee, and thereupon countersign the warrant on the face thereof. Payment.— Sec. 289. [Laws 1891, Ch. 249, Sec. 6.] It shall be the duty of the treasurer of any county, city, township, school district, or board of education, to pay on presentation any warrant properly drawn on any fund in his custody by virtue of his office, and, when paid, write across the face of such warrant the word " Paid," in red ink, and sign the same: Provided, That there is sufficient money in his possession belong- ing to the fund upon which such warrant is drawn to pay the same. Indorsed.— Sec. 290. [Laws of 1891, Ch. 249, Sec. 7.] In case there is not sufficient money in the hands of such treasurer to pay any warrant when presented, he shall indorse thereon a proper registered number, in the regular order of its presentation, and the words, " Presented, and not paid for want of funds," with date, and sign said indorsement; and he shall record in his warrant register the number, amount and date of all such warrants, to whom payable, and the date when presented for payment, and their registered number as indorsed thereon, and suoh warrants shall be paid in the order of their presentation as shown by such register; and no warrants shall be received for taxes by any county treasurer, unless he shall have in cash a sufficient sum to redeem all warrants having such priority over the warrants so offered for taxes. Publications of Lists.— Sec. 291. [Laws of 1891, Ch. 249, Sec. 8.] It shall be the duty of any treasurer whenever any money comes into his hands by virtue of his office, to set apart a sufficient sum to pay any or all warrants that have been registered in compliance with the pro- visi( s of this act, and to keep the same until called for; and it shall be the duty of every county, township and school-district treasurer to pub- lish in the official county paper, and of every city treasurer and board of education to publish in the official city paper, between the first and fifteenth days of February and August in each year, a call for the re- demption of such warrants as he can pay, describing the warrants by giving their issue number, registered number, and amount; and interest shall cease on each of said warrants on and after such publication. Books Delivered.— Sec. 292. [Laws 1891, Ch. 249, Sec. 9.] Every county, city and township treasurer, and every treasurer of a school dis- trict or board of education, shall upon the expiration of his term of office deliver to his successor the warrant register containing the list of warrants originally recorded and countersigned, and presented and regis- tered, who shall in all things act as though the entries of such warrants were made by himself. Penalty.— Sec. 293. [Laws 1891, Ch. 249, Sec. 10.] Any officer of any county, city, township, school district or board of education who 88 SCHOOL LAWS OP KANSAS. shall sign or attest any warrant not duly authorized by the proper board or city council, and any treasurer who shall countersign any warrant not theretofore signed and attested by the proper officers as required in this act, Bhall be liable to the county, city, township, school district or board of education in the sum of such warrant; and any such officer who shall violate any of the provisions of this act shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in a sum of not less than $50 nor more than $500. ARTICLE XIX.— Wateb Closets. Building and Maintaining. — Section 294. [Laws 1891, Ch. 197, Sec. l.J That the school boards and boards of education, having super- vision over any school district in this state, shall provide and maintain suitable and convenient water closets for each of the schools under their charge or supervision. There shall be at least two in number, which shall be entirely separate from each other. It shall be the duty of the officers aforesaid to see that the same are kept in a neat and wholesome condition; and failure to comply with the provisions of this act by the aforesaid officers shall be grounds for their removal from office. ARTICLE XX. — Sohool-Distbiot Libbabies. !»5. School districts may rote a tax not to exceed §297. Librarian to be appointed by district board. two mills, for district library. 2M. The money bo collected shall be used for no other purpose. library Fund.— Section 295. [Laws 1876, Ch. 122, Art. 8, Sec. 1.] That the several school districts of the state may, at the annual meeting in each year, vote a tax upon all taxable property of the district, not to exceed two mills on the dollar, which tax shall be certified by the district clerk to the county clerk, at the same time and manner as other school- district taxes are certified; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid: Provided, however, That in the districts where the taxable property of the district is more than twenty thousand dollars and not more than thirty thousand, there shall not be levied more than one and a half mills on the dollar; and where the taxable property is more than thirty thousand dollars and not more than fifty thousand, there shall not be levied more than one mill on the dollar ; and in all cases where the taxable property of the district shall exceed fifty thousand dollars, there shall not be levied more than one half-mill on the dollar. SCHOOL LAWS OF KANSAS. 89 How Used.— Sec. 296. [Laws 1876, Ch. 122, Art. 8, Sec. 2.] The money so collected shall be used under the direction of the board of de- rectors for the purchasing of a school-district library, and for no other purpose; and the district board, in the purchase of books, shall be con- fined to works of history, biography, science, and travels. librarian; Rules.— Sec. 297. [Laws 1876, Ch. 122, Art. 8, Sec. 3.] The district clerk shall be the librarian, unless the board of directors shall appoint some other competent and suitable person, who shall reside in the district, to perform the duties of that office ; and the board shall have power to make such rules and regulations in regard to the manage- ment of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. ARTICLE XXI.— School Lands. |298. What school lands may be sold. 299. Petition for gale to be signed, etc. ; appoint- ment and duties of appraisers ; minimum price. 300. County clerk shall record appointment and file appraisement. 301. Persons who may claim privilege of purchas- ing at appraised value; claimant must file petition in probate court. 302. Proceedings in probate court; right of ap- peal. 303. Claimant may purchase one quarter-section at appraised value, when ; county treasurer shall dispose of unsold portion* how. 304. Terms of payment for other lands. 305. County clerk shall isBue certificate to pur- chaser; attorney general shall prepare form for certificate. 806. Credits on contracts; fractional subdivisions. 307. Interest on deferred payments, how appro- priated. 308. Purchaser credited on record of county clerk, how. 309. Clerk shall transmit to auditor, when. 310. State auditor shall debit and credit each county treasurer, how. 811. County treasurer shall pay over moneys to state treasurer, when; penalty for failure to pay over. 812. Purchaser shall not commit waste; lands purchased under this act are taxable. 313. Governor shall issue patent to purchaser, when. 314. In case of failure to pay interest, etc., when due, title to land forfeited; countv at- torney shall proceed to eject. 815. Forfeited lands may be reappraised, when. 316. Who shall not be allowed to purchase. §317. Proceeds of sale, how invested. 318. Lands may be sold at private sale to actual settlers, when, in what quantities, and at what price. 319. Privilege of school district to purchase site. 320. Fees allowed for specified services ; timbered lands may be surveyed; county treasurer shall pay on order of county superintend- ent. 321. County superintendent shall transmit ab- stract of orders to state auditor, when; state treasurer Bhall give additional bonds as custodian of bonds and securities. 822. State auditor shall include in his annual re- port a statement of sales of school lands. 323. County clerk shall furnish state auditor with requisite data for a report. Penalty for trespass on school land; fine. Trespasser shall be brought before justice, how. Procedure injustices' courts. Court having criminal jurisdiction Bhall give special charge to grand jury. Duty of whom to take notice and file com- plaint. County attorney shall prosecute. Fines collected for trespass to be paid into the county school fund. 331. County clerk shall report sales of school lands to state auditor, when; penalty fop failure to report. 332. Duty of auditor, if clerk fails to report. 333. Purchaser shall pay, annually, the amounts specified in his bond, and shall receive from county treasurer duplicate receipts, 334. Duty of auditor, if county treasurer fails to pay over moneys arising from Bale of school lands. 324. 326. 326. 327. 328. 329. 330. May be Sold.— Section 298. [Laws 1886, Ch. 150.] All lands 90 SCHOOL LAWS OF KANSAS. granted by the congress of the United States for school purposes, known as sections sixteen and thirty-six, together with all such lands as have been granted in lieu of said sections, may be sold; and such sale shall be regulated by the provisions of this act: Provided, That no lands granted by act of congress for school purposes, lying and being in any unorgan- ized county of this state, shall be subject to sale until three years after such county shall have been organized. Appraisement.— Sec. 299. [Laws 1876, Ch. 122, Art. 14, Sec. 2.] Whenever twenty householders of any organized township in which the land is situated shall petition th* auperintendent of public schools of such county to expose to sale any portion or portions of said land, describing the same, he shall, by and with the consent of the county commissioners of his county, appoint, in writing, three disinterested householders, re- siding in the county in which said land is situated, who, being first duly sworn by an officer authorized to administer oaths, to faithfully perform their duties, shall appraise each legal subdivision of said land separately at its real value, and return their appraisement in writing, signed by them, to the clerk of the county; and in case any parcel of the said land shall have been improved, the said appraisers shall, in addition to the appraisement of the land, return and file with the same a separate ap- praisement of the improvements upon the land : Provided, That no ap- praisement of land for less than three dollars per acre shall be of any validity, or entitle any person to the provisions of this act. County Clerk.— Sec. 300. [Laws 1876, Ch. 122, Art. 14, Sec. 3.] The county clerk shall immediately file the said appointment and ap- praisement of said appraisers in his office, and record the same in a book kept for that purpose. Settlers' Rights.— Sec. 301. [Laws 1886, Ch. 152.] Any person who has settled upon any portion of school land, and has actually resided thereon continuously for a period of six months, and has made it his only home for said period, and has improved said land to the amount of one hundred dollars, including a permanent dwelling, prior to the appraise- ment, may, within sixty days after its appraisement, file in the probate court of his county a verified petition, stating therein that he has settled upon said land, and resided thereon continuously for a period of not less than six months immediately prior to said appraisement; that he has Sec. 301. Improvements upon school land entitle the owner to no special privileges as a purchaser, unless accompanied by an actual settlement, made prior to the appraisement. A person who has settled upon and improved any portion of school lands prior to the appraise- ment, cannot, before he has actually become the purchaser of the same, lawfully remove mineral or timber from the same, even for use upon or improvement of said lands. See section 312, and sections 324-329 of this article. SCHOOL LAWS OF KANSAS. 91 permanently improved said land to the amount of one hundred dollars; that said improvements consist of a permanent dwelling, and such other improvements as show an intention to make a permanent home thereof; that said land has been appraised, and the amount thereof; that said im- provements have been appraised, and the amount thereof; that he has not heretofore taken school land to the amount of one quarter-section under the provisions of this act or of the act of which this act is amend- atory ; that he has given ten days' public notice through a newspaper of general circulation in the county wherein said land is situated, setting forth in said notice a description of the land, the names and residences of two witnesses by whom he expects to prove said settlement and improve- ments, the time when (the time to be fixed by the probate judge) said petition will be heard by the probate court, and asking that he be allowed to purchase said land : Provided, That any person who has purchased school land to the amount of one quarter-section under the provisions of the-act of which this act is amendatory, or who may hereafter purchase school land to the amount of one quarter-section under the provisions of this act, shall not again be permitted to purchase school land under the provisions of this act: Provided further, That the heirs of deceased per- sons who have made improvements upon school laud shall be entitled to all the rights accruing to actual residents thereon: Provided further, That school land that has a settler actually residing upon and improving said land in accordance with the provisions of this act shall not be brought into market until six months after the commencement of such settlement and improvement. — Every person who shall willfully and cor- ruptly swear, testify or affirm falsely to any material matter, upon oath or affirmation, in any matter or proceeding relating to the proof of settle- ment or improvement upon school land, before the probate court under the provisions of this act, shall be deemed guilty of perjury, and shall upon conviction thereof be punished by confinement and hard labor for a term of not more than seven years. Proceedings in Probate Court.— Sec. 302. [Laws 1876, Ch. 122, Art. 14, Sec. 5.] Said court shall require the petitioner to prove the facts set forth in his petition, and the superintendent of public instruc- tion may appear and introduce testimony to controvert said facts; and if said petitioner fails to establish the truth of his petition, he shall be adjudged to pay the costs. If he feels himself aggrieved by the decision of said court, he shall have the right to appeal to the district court, by filing a bond within fifteen days after such decision, conditioned that he will prosecute the appeal, and pay all damages and costs that may be adjudged against him. The state shall have power to appeal from the decision of said court, by the superintendent filing a notice thereof, within 92 SCHOOL LAWS OP KANSAS. the time prescribed for the appeal by the petitioner; and when said no- tice shall have been filed, the appeal shall be granted, and the probate court shall transmit to the clerk of the district a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office relating thereto ; and the district court shall have jurisdiction of the cause, and shall proceed to hear, try and determine the same anew, without regard to any error, defect or other imperfection in the proceedings in the probate court. Notice of Sale, etc.— Sec. 303. [Laws 1876, Ch. 122, Art. 14, Sec. 6.] In all cases where the court shall find that the petitioner has settled upon and improved school lands, as set forth in his petition, the petitioner may purchase the said lands, not exceeding one quarter-section, for the appraised value thereof, exclusive of the value of the improve- ments. The county treasurer shall then offer the unsold portion of all school lands for sale at public auction, after giving four weeks' notice thereof in some newspaper published in such county; and in case no such paper is published in such county, then said notice shall be given by posting the same at each voting precinct in such county at least four weeks previous to the sale; (and that any person may and shall have the privilege for making a bid or offer for said lands, between the hours of ten o'clock a. m. and three o'clock p. m. of said day of sale.) Said notice shall contain a description of the land and improvements if any, thereon, with the appraised value thereof, and a statement (of the hours of sale, which shall be between the hours of ten o'clock A. M. and three o'clock p. M., as aforesaid), and the place of sale; and no bid at said sale shall be received for less than the appraised value of said land and improve- ments. Timber land may be subdivided into lots of such size as the superintendent of public instruction and appraisers may deem best; and in all cases one-half the purchase-money for timber land shall be paid at the time of purchase, and the purchaser shall give a good and sufficient bond for the payment of the remainder, as for other lands sold under this act. Terms of Payment.— Sec. 304. [Laws 1883, Ch. 140, Sec. l.J Any person pm chasing such land shall pay to the treasurer of the county in which the same is situated one-tenth of the amount of the purchase- money, taking therefor a receipt, which he shall present to the county clerk, together with a bond in double the amount of the purchase-money unpaid, conditioned that he will not commit waste upon said land, and that he will pay the balance of said purchase-money in twenty years, and interest to be paid annually thereon at the rate of six per cent, per annum as the same becomes due: Provided, That the purchaser may pay the SCHOOL LAWS OF KANSAS. 9S balance of the purchase-money at any time, or in installments of not less than twenty-five dollars : Provided, also, Any person having heretofore: purchased such land, and made partial payment of the purchase-money) and the purchase-money not being due on the same, and who is not in default in payment of interest due upon such purchase, or taxes due upon the land, may, upon surrendering the certificate of purchase to the county clerk in the county in which said land is situated; take out a new certifi- cate of purchase under the provision aforesaid, and upon presenting a new bond in double the amount of the purchase-money remaining unpaid ; said bond conditioned the same as the bond aforementioned in this section. Certificate of Purchase.— Sec. 305. [Laws 1876, Ch. 122, Art. 14, Sec. 8.] The county clerk shall thereupon enter the amount of the purchase-money on the land, the amount paid upon the same, in a book kept for that purpose, and shall charge the same to the county treasurer in the records of the county, and shall issue to the purchaser a certificate,, under the seal of his office, showing the amount paid, the amount due, and the time when due, with interest, and that upon the payment of said amount, when due, with interest, he will be entitled to a patent to said land. It shall be the duty of the attorney general to prepare a proper form for said certificates for the sale of said land, so as to protect the rights of the state and of the purchaser, his heirs and assigns. Credits on Contracts of Sale of Fractional Subdivisions. — Sec. 306. [Laws 1885, Ch. 183, Sec. l.J That in all cases where state- school lands have by mistake been sold as and for full legal subdivisions of one hundred and sixty acres or less, when in fact the lands so sold were fractional subdivisions of and less than the full legal subdivisions for which it was sold, and the purchase-money or a part thereof is unpaid, the county treasurer of the county in which such lands are situate, in making final settlement with the purchaser of such lands, or with his or her assignee, or legal or personal representative, is hereby authorized to- credit such purchaser or his or her assignee or legal or personal represent- ative, upon such contract of purchase, with an amount equal to the pro- rata value of the difference in acres between the number of acres actually contained in the fractional subdivision sold and the number of acres it was supposed to contain, and for which it was sold ; and such county treasurer shall state the amount of such credit in his report to the auditor and state treasurer; and the auditor of state is hereby directed to credit the same to the county treasurer of said county. Interest, How Applied.— Sec. 307. [Laws 1876, Ch. 122, Art. 14, Sec. 9.] The interest on the deferred payments of the land sold un- der this act shall be annually appropriated to the support of schools as other school moneys under the direction of the state superintendent of public instruction, as provided by law. 94 SCHOOL LAWS OF KANSAS. Credits Sec. 308. [Laws 1876, Ch. 122, Art. 14, Sec. 10.] The purchaser, when he pays to the county treasurer the interest, as it becomes due, or any portion of the principal, shall take a receipt for the same, which he shall present to the county clerk, who shall credit him with the same, and charge the amount to the treasurer. Abstracts.— Sec. 309. [Laws 1876, Ch. 122, Art. 14, Sec. 11.]" The county clerk shall, semi-annually, on the first days of January and July of each year, transmit to the state auditor an abstract of the land for which he has issued certificates during the year, the amount of the pur- chase-money for the same, the amount paid on each parcel of land, and the amount paid on yearly installments for the current year, principal and interest separately. State Auditor — Sec. 310. [Laws 1876, Ch. 122, Art. 14, Sec. 12. J The auditor shall charge each of the treasurers in the state the amount of moneys received as principal and interest, separately, from the sale of school lands in their respective counties, as certified by the clerks of the several counties, and upon the payment of the said moneys to the treas- urer of state, and the presentation of the state treasurer's receipt, shall credit the several treasurers with the amount of the same. County Treasurers.— Sec. 311. [Laws 1876, Ch. 122, Art. 14, Sec. 13.] The treasurers of the several counties shall pay over, semi-annu- ally, to the treasurer of the state, the amount received in their counties from the sale of school land, taking receipte therefor, which, when in- dorsed by the auditor of state, shall be presented to the clerk of his county, who shall credit him with the amount of the same; and any treasurer failing so to do shall be liable in double the amount not paid over, on his official bond, to be recovered by action in the district court, in the name of the state of Kansas. Waste; Taxation.— Sec. 312. [Laws 1879, Ch. 161, Sec. 1,] No purchaser of school land, prior to his obtaining title to the same, shall commit any waste upon such land, or take or remove mineral or timber from the same, other than for use upon or improvements of said land. The lands purchased under this act shall be subject to taxation, as other lands; and in case of non-payment of any taxes charged thereon, the said lands may be sold, as in other cases, but the purchaser at such sale shall be subject to all the conditions of the bond of the original maker, and of the certificate of purchase : Provided, That such purchaser of said school land shall be allowed one year from the date of the certificate of sale of such land for such taxes, in which to redeem from such tax sale, by com- plying with the provisions of law relating to the redemption of land from tax sale, and paying to the county treasurer, for the benefit of the holder of such tax certificate, all installments of interest or other payments which such holder of tax certificate has been compelled to pay in order to pre- SCHOOL LAWS OF KANSAS. 95 vent a forfeiture of the rights of purchaser of school land, under the pro- visions of section sixteen of this act. Patent— Sec. 313. [Laws 1876, Ch. 122, Art. 14, Sec. 15.] On pre- sentation of a certificate of the county clerk, showing that any person has paid the full amount of the purchase-money, and all interest due, for any portion of said school lands, with a certificate thereon, indorsed by the auditor of state, showing that he has charged the county treasurer of the county where the land is situated with the full amount of the pur- chase-money mentioned in said certificate, the governor of the state shall issue a patent to the purchaser, his heirs or assigns, for the same, which said patent shall convey to the patentee a full title in fee simple to said a finds Forfeiture; Fees.— Sec. 314. [Laws 1879, Ch. 161, Sec. 2.] If any purchaser of school land shall fail to pay the annual interest when the same becomes due, or the balance of the purchase-money when the same becomes due, it shall be the duty of the county clerk of the county in which such land is situated, immediately to issue to the purchaser a notice in writing, notifying such purchaser of such default, and that if .such purchaser fail to pay or cause to be paid the amount so due, to- gether with the costs of issuing and serving such notice, within sixty days from the service thereof, the said purchaser and all persons claiming un- der him will forfeit absolutely all right and interest in and to such land under said purchase, and an action will be brought to eject such pur- chaser and all persons claiming under him from such land. It shall be the duty of said county clerk to include in such notice all tracts of land sold to the same purchaser, and on which default in any such payment then exists. The notice above provided for shall be served by the sher- iff of the county, by delivering a copy thereof to such purchaser, if found in the county — also to all persons in possession of such, land; and if such purchaser cannot be found, and no person is in possession of said land, then by posting the same up in a conspicuous place in the office of the county clerk. And in case such land or any part thereof has been sold for taxes, a copy of such notice shall be delivered to such purchaser at tax sale, if a resident of the county. Said sheriff shall serve such notice and make due return of the time and manner of such service within fifteen days from the time of his receipt of the same. The sher- iff shall be entitled to the same fees and mileage for serving the same as allowed by law for serving summons in civil actions. If such purchaser shall fail to pay the sum so due, and all costs incident to the issue and service of said notice, within sixty days from the. time of the service or posting of such notice as above provided, such purchaser and all persons 96 SCHOOL LAWS OF KANSAS. claiming under him shall forfeit absolutely all rights and interest in and> to such land, under and by virtue of such purchase. And the county attorney shall proceed to eject him and all persons claiming under him from said premises, if in possession. If the costs of the issue and ser- vice of the notice above provided for be not paid by the purchaser of such land, the same shall be paid by the county treasurer out of the pro- ceeds of the sale of school lands in his hands, upon the order of the county superintendent of public instruction, made upon the affidavits of the officers to whom the same are due, showing the amount and correctnesa- of the same : Provided, In all cases of the sale of school lands hereto- fore made, when the purchaser or purchasers thereof have made partial- payments therefor, and have forfeited the same by law, and the money already paid thereon, and when the said purchaser or purchasers thereof have not been ejected, the person or persons having made such partial payment or payments, their heirs or assigns, may renew their right to retain said lands by making full payment of all interest that may be due,, with interest at the rate of ten per cent, per annum on all interest in de- fault from the date of default to date of full payment : Provided, Such payment shall be made within six months from the first day of April, 1879: And provided, When such lands shall have been disposed of to- other persons, in pursuance of law, no interest obtained shall be affected by this act : And provided fvriher, That all expenses that may be incurred under this act shall be borne by those seeking to avail themselves of the benefits of this act. Forfeited Lands.— Sec. 315. [Laws 1879, Ch. 161, Sec. 3.] Land from which purchasers have been ejected, and lands which have been forfeited, and which are unoccupied by the purchaser or his assigns, shall be reappraised, and may be purchased by any person in accordance with the provisions of this act, and in all cases lands which have not been claimed or purchased shall be reappraised every five years: Provided,. That they may be reappraised at any time on petition of one-half of the bona fide householders of the township in which the lands lie to the board of county commissioners of the county, at their discretion. But such re- appraisement shall be conducted according to the provisions of this act, and the sales upon the same shall be conducted in all respects in accord- ance with the provisions of this act. Unlawful Purchase.— Sec. 316. [Laws 1876, Ch. 122, Art. 14, Sec. 18.] It shall be unlawful for the county superintendent appointing the appraisers, or the persons appraising the lands, to purchase, either directly or indirectly, any portion of the land appraised by them. Investment of Proceeds.— Sec. 317. [Laws 1876, Ch. 122, Art. 14, SCHOOL LAWS OF KANSAS. 97 Sec. 19.] The proceeds of the sale of school lands shall be invested by the board of commissioners for the management and investment of school funds, in the bonds or other interest-paying securities of this state or of the United States, at the current market price thereof at the time of mak- ing such investment. Private Sale.— Sec. 318. [Laws 1876, Ch. 122, Art. 14, Sec. 20.] In all cases where school lands fail to sell as provided for in this act, the -county treasurer may dispose of said lands at private sale to actual settlers only, in tracts not exceeding one hundred and sixty acres to each pur- chaser: Prodded, That no sale be made at less than the appraised value of thelapdand improvements: And provided further, That if school lands, -once offered at public sale, are not sold within one year from the time of ^aid sale, they shall be reappraised and sold at public sale, as other school lands are sold : Provided further, That the person so residing upon said school land shall have the privilege of purchasing said land, exclusive of the appraised value of the improvements; but in the event of any person -other than the actual settler buying in said land, the person so purchas- ing shall pay to the person entitled to the pay for the improvements the amount of the appraised value of said improvements, they having been previously appraised according to the provisions of this act. Privilege of School District.— Sec. 319. [Laws 1876, Ch. 122, Art, 14, Sec. 21.] Any school district shall be entitled to purchase and ac- -quire, for a school-house site, any quantity of land not exceeding two acres, of any school lands situated in such district, and shall acquire the -title to the same according to the provisions of this act: Provided, That such tract shall be situated on one of the boundary lines of the section, or -any quarter-section thereof. Fees.— Sec. 320. [Laws 1886, Ch. 154.] Each appraiser required under this law shall receive two dollars per day; and in cases when it is necessary to divide timbered lands into lots of less size than the legal subdivisions, the surveyor, chainruen and axmen shall receive the same pay as is provided for by law in other cases. The county clerk, under this act, shall be allowed for filing each paper, five cents; for recording each appraisement and other papers necessary to be recorded, seven cents per folio; for granting a certificate to a purchaser of school land, twenty- five cents; for indorsing payment on certificate, five cents; for filing treasurer's receipt, five cents; for approving bonds, twenty-five cents— be paid by the purchaser; for making out abstract to be forwarded to audi- tor of state, five cents for each tract of land. The county treasurer shall receive for making out list of land for the printer, or to be posted five •cents for each tract advertised; for issuing a receipt to purchaser of 98 SCHOOL LAWS OF KANSAS. school land, twenty-five cents, which receipt, before it shall be of any validity, shall be presented by the purchaser to the county clerk, who shall indorse the same as entered upon the proper book of his office; and the county treasurer shall receive no fees for the sale of school lands ex- cept as provided for in this act. The printer, for publication of notice for sale of school lands, shall be allowed legal rates. The probate court shall be allowed the same fees under this act as for similar services in his court. The county attorney, sheriff and district clerk shall receive for their re- spective services under this act the fees allowed by the law for similar services. The several amounts above specified shall be paid by the county treasurer out of any money arising from the sale of the school lands, on the order of the county superintendent of public instruction; and the county superintendent is hereby authorized to administer the oath to ap- praisers, and in verification on all bills presented to him he shall take the affidavit of the person or persons presenting such bills. The county superintendent shall be paid as is now provided by law. County Superintendent's Abstracts. — Sec. 321. [Laws 1876, Ch. 122, Art. 14, Sec. 23.] The county superintendent shall, on the first Mondays of January and July, in each year, transmit to the auditor of state an abstract to the amount of each order given, and for what ser- vice, which amounts shall be credited to the treasurer of the proper county. The treasurer of state shall be the custodian of all bonds or securities on which moneys arising under the provisions of this act may be invested, and he is hereby required to give additional bonds, as the governor of the state shall direct. State Auditor's Report.— Sec. 322. [Laws 1876, Ch. 122, Art. 14, Sec. 24.] That it shall be the duty of the auditor of state to incorporate in his annual report to the governor each year, by counties, and in the aggregate — First: The number of acres of land sold under the territorial govern- ment, and the amount paid into the school fund of the state for the same. Second: The whole number of acres of school lands sold in each county since the admission of the state up to the first day of July preceding such report; the total amount of sales; average price per acre; the amount paid as principal ; amount of county superintendents' orders allowed for expenses incurred in the sale of lands; and the amount of unpaid install- ments bearing ten per cent, interest. Third: The number of acres of school lands sold in each county dur- ing the year ending the first day of July preceding the annual report; the amount paid as principal ; the amount of superintendents' orders al- lowed ; the amounts of installments unpaid on the sales for the year, and bearing interest. SCHOOL LAWS OP KANSAS. VV Fourth: A statement of the amount of school lands forfeited in each county during the year ending the first of July preceding the annual re- port, showing the number of acres in each tract forfeited, the person by whom forfeited, and for what amount, distinguishing between the unpaid principal and the unpaid interest which fell due during the year. County Clerk's Report.— Seo. 323. [Laws 1876, Ch. 122, Art. 14, Sec. 25.] That it shall be the duty of the county clerk of each county to furnish the state auditor the report named in the foregoing section of this act, on or before the first day of October in each year. Trespass on School Lands.— Sec. 324. [Laws 1876, Ch. 122, Art. 14, Sec. 26.] If any person shall cut down, injure, destroy or carry away any tree or trees growing upon any school lands that are or may hereafter be set apart for the use of schools, or any other state institu- tions, or cut, destroy or carry away any wood, standing or being upon or growing on any school, college or university land, or shall dig up, quarry or carry away any stones, ore or mineral, lying or being upon such lands, the person committing such trespass shall be deemed guilty of a misde- meanor, and may be indicted ami fined in a sum not less than double the amount of damages proved to have been committed, and not exceeding one thousand dollars, and confined in the county jail not less than one month and not more than six months. Complaint of Trespass.— Sec. 325. [Laws 1876, Ch. 122, Art;. 14, 'Sec. 27.] Whenever complaints shall be made, in writing and upon oath, to any justice of the peace, that any person has violated the provi- sions of the preceding section of this act, it shall be the duty of such jus- tice to issue his warrant, under his hand, reciting the substance of the complaint, and commanding the ofiicer to whom it is directed forthwith to apprehend the person so. complained of, and bring him before such justice. Procedure in Justice's Court.— Sec. 326. [Laws 1876, Ch. 122, Art. 14, Sea 28.] Upon such person being brought before such justice it shall be the duty of the justice to examine the complaint and the wit- nesses which either party may produce; and if it shall appear to the sat- isfaction of the justice that the person complained of is probably guilty he shall require such person to enter into recognizance in such sum not exceeding two thousand dollars, with two or more sufficient securities as such justice may direct, to appear at the next term of the district court- and in default of such recognizance, the justice shall commit such person to jail to await the action of said district court. Grand Jury-SEC. 327. [Laws 1876, Ch. 122, Art. 14, Sec. 29.1 It shall be the duty of each court having criminal jurisdiction to give this act in charge especially to the grand jury at each term. 100 SCHOOL LAWS OF KANSAS. Complaints.— Sec. 328. [Laws 1876, Ch. 122, Art. 14, Sec. 30.J It shall be the duty of the county superintendent of public instruction, the district directors, clerks and treasurers, and all sheriffs and constables, to take notice of all trespasses committed on school lands in their respective •counties, and immediately file a complaint against any person violating this act, before the proper authorities. County Attorney.— Sec. 329. [Laws 1876, Ch. 122, Art. 14, Sec. 31.J It shall be the duty of the county attorneys in their respective counties io prosecute all persons charged with the violation of this act. Fines.— Sec. 330. [Laws 1876, Ch. 122, Art. 14, Sec. 32.] All dam- ages, fines and forfeitures collected under the provisions of this act shall be paid into the county treasury, for the use and benefit of the common- school fund. Report of Sales; Penalty.— Sec. 331. [Laws 1876, Ch. 126, Sec. l.J That section two of chapter one hundred and thirty-nine of the laws of eighteen hundred and seventy-one be and the same is hereby , amended so as to read as follows : Sec. 2. That it shall be the duty of the county clerk of each county to furnish the state auditor the report named in the first section of the act to which this is amendatory, on or before the first day of October in each year; and that upon failure to make said re- port he shall be deemed guilty of neglect of duty and misconduct in office, and shall be punished by fine not exceeding two hundred dollars, or by •imprisonment in the county jail not exceeding sixty days, or by both Buch fine and imprisonment. Duty of Auditor.— Sec. 332. [Laws 1876, Ch. 126, Sec. 2.] That it shall be the duty of the auditor of state, on the thirtieth day of October, or as soon thereafter as possible, annually to report the failure and neg- lect of the several county clerks to make the required report, to the at- torney general of the state, who shall at once institute the necessary proceedings to punish said neglect of duty. Payments, How Made.— Sec. 333. [Laws 1876, Ch. 127, Sec. 1.] That section ten of chapter ninety-four of the general statutes of eighteen hundred and sixty-eight be and the same is hereby amended so as to read -as follows : Section 10. The purchaser shall pay to the county treasurer annually the amount of each yearly installment, with interest, as specified in his bond, and the treasurer shall give duplicate receipts to the pur- chaser therefor, stating the amount therein paid, and on what account ; one of which shall forthwith be delivered by the purchaser to the county clerk, who shall credit him with the same, and charge the amount to the treasurer. Prosecution of County Treasurers.— Sec. 334. [Laws 1876, Ch. 127, SCHOOL LAWS OF KANSAS. 101 Sec 2] That upon the failure of the several county treasurers to pay into the state treasury the full amount received in their respective counties from the sale of school lands, or the interest paid thereon, at each semi- annual settlement, it shall be the duty of the auditor of state immediately to require the prosecuting attorney of the proper county to prosecute the delinquent under the provisions of section thirteen of the act to which this is amendatory. ARTICLE XXII. — Fines and Penalties. $335. Jurisdiction of Justices of the peace. I J 337. Penalty for receiving bonne from publisher 836. Fines and penalties, hew collected. ! of school books. Jurisdiction.— Section 335. [Laws 1876, Ch. 122, Art. 9, Sec. l.J Justices of the peace shall have jurisdiction in all cases in which a school district is a party interested, when the amount claimed by the plaintiff shall not exceed one hundred dollars; and the parties shall have the right of appeal, as in other cases. How Collected.— Sec. 336. [Laws 1876, Ch. 122, Art. 9, Sec. 2.] All fines and penalties not otherwise provided for in this act shall be col- lected by an action in any court of competent jurisdiction. Penalty for Receiving Bonus.— Sec. 337. [Laws 1876, Ch. 122, Art. 9, Sec. 3.] If the state superintendent, or any county superintendent of public instruction, shall receive from the publisher of any school books, or from any other person interested in the sale or introduction of any book into the public schools in the state, any money or bonus in any manner as an inducement for the recommendation or introduction of any such book into the public schools of the state, such superintendent shall, upon conviction thereof before any court of competent jurisdiction, be found guilty of a misdemeanor, and shall be fined in a sum not less than one thousand dollars nor exceeding five thousand dollars, or shall be im- prisoned in the penitentiary for any time not less than one year nor more than five years, or both such fine and imprisonment —7 OFFICIAL OPINIONS Eendebbd Since Januaex 14th, 1889. BY GEO. W. WINANS, State Superintendent of Public Instruction. 1. The absence of a " good and sufficient school building " cannot be used as an excuse for claiming the school dividend, if a district should fail to have three months' school. Section 4, article 6, of the State Constitution provides that no school district in which a common school has not been taught at least three months in each year, shall be entitled to receive any portion of the State school fund. 2. Question: Suppose a teacher should miss Christmas, or any so-called holiday, can the board compel him to make it up or deduct his wages ? Answer: A teacher is not entitled to compensation for time commonly called holidays, without teaching; but I am also of the opinion, that if a teacher is ready and willing to teach on holidays, and the school is suspended by the board (no men- • tion of it being made in the contract), the teacher would be entitled to pay, or to have the time included as part of the time contracted for. 3. Question: Have I the right to revoke my indorsement of a first-grade certifi- cate from another Kansas county ? Answer: The revocation of such an indorsement requires the action of the board of examiners. The members of the examining board have the same power to re- voke such indorsement as they have to revoke a certificate which they have granted. 4. Question: Can a superintendent date back a temporary certificate? Answer: A county superintendent has no right to antedate a temporary certifi- cate. 5. A school district is not authorized by law to appropriate any portion of the proceeds derived from the sale of bonds issued for a special purpose for any other use than is specified in the bonds. . 6. A city of the second class may erect a school house on attached teiTitory out- side the city limits. A school-district officer is excused from jury service. 7. A school-district board is not authorized to issue interest-bearing time war- rants in payment for furniture. Should furniture be purchased in such manner, however, the parties selling it could recover its value by a suit at law. 8. The proper method by which to compel a school-district officer to perform his duty (in case of failure or refusal) is by writ of mandamus. 9. A new school district is entitled to its per capita share of the semi-annual school dividend, provided the districts from which the territory was detached are entitled to the same by reason of having sustained a public school "three months the previous school year. (102) OPINIONS. 103 10. In the distribution of property after the formation of a district, the county superintendent should deduct from the value of the school property and funds be- longing to the old district the amount of indebtedness, if any, and divide the re- mainder in proportion to the valuation of the territory remaining in the old district to the valuation of the territory detached and formed into the new district. 11. A provision in a written contract between a teacher and school-district board, reserving the right to discharge said teacher at any time he fails to give sat- isfaction, is valid, and not in conflict with the last clause of section 78, School Laws of 1891. 12. Question: Can a female of foreign birth, who has not declared her intention to become a citizen, vote at a district bond election, she being otherwise qualified; and can such a person vote, being the wife or widow of a naturalized citizen? Answer: Section 1, chapter 223, Laws of 1889, says: "All female persons over the age of twenty-one years, not subject to the disqualifications named in section 2 ) article 5 of the Constitution of the State, and who shall be residents in good faith of the district for thirty days next prior to the time of offering to vote at said elec- tion." Section 2 of article 5 of the Constitution refers to insane persons, convicts, and rebels; therefore, under said statute, all females over the age of twenty-one years who are residents of the district, and not insane, convicts, or rebels, are by said statute entitled to vote. It is proper to state that the present Attorney General is of the opinion that the section referred to applies only to annual and special school-district meetings ; bnt that at a school-district bond election, females are placed under the same restric- tions, as to the right to vote, as are males. 13. Question: Can a special meeting lengthen or shorten the school term? Answer: The law plainly gives to the voters at any special meeting called for that purpose the right to lengthen or shorten the term previously agreed on, gov- erned only by the three (or four) months provision, and by existing contracts legally made with teachers. 14 Answer to a question in regard to the power of a special meeting to recon- sider the action of the annual meeting on certain questions: I have no doubt of the right of the voters to reconsider their action at the annual meeting with reference to a summer term of school. 15. Question: What is the meaning of the appeal provided for in sec. 26 (notice of first meeting) ? Answer: Detaching territory from one district, and attaching it to or forming it into another, is one and the same act, and there can be but one appeal taken. Oth- erwise, as in this instance, there would be territory detached from any district, and, if the appeal were sustained, not attached to any district, which would be an anom- alous condition not contemplated by the law. 16. Question: A district was formed according to law, but it was not organized. Can the district be organized now, regardless of the fact that there are not now fif- teen children of school age? Answer: Refer to sec. 26, School Laws 1891. The district may now be organized as provided for in said sec. 26. 17. Question in regard to the disorganization of Bchool districts. Answer: (1) The county superintendent has no legal right to disorganize a le- gally-formed school district. trie? A SPeCial 3Ct ° f th6 Legi . slat,,re wonld P ermit the disorganization of the dis- 104 SCHOOL LAWS OF KANSAS. (3) I believe the county superintendent should be given the power to disorganize oertain school districts, provided there be no bonded indebtedness, subjeot to the same limitations as apply in the formation of new districts. 18. Has the teacher power to punish for misconduct on the way to and from school ? The right of the teacher to punish for misconduct extends from the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. I think most parents would expect and desire that teachers should take care of their children in going to and returning from school; that they should not loiter, nor seek evil company, nor frequent vicious places of resort. 19. Question in regard to the number of members on boards of education in cities having a population of over 10,000 inhabitants. The proper construction to be placed upon the school laws, and especially section 3, chapter 99, laws of 1885, wherein it recites that in cities having a population of over 10,000 inhabitants the board of education shall consist of six members only, is that it means that cities having at the time of the passage of this act a population of over 10,000. By this means the statutes are reconciled, and the other provisions of law which permit two members from each ward would apply to all cities that did not, at the time of the passage of that act, have a population of over 10,000 inhabitants. 20. Question: Can a joint district be divided on the county line, thus formiug two districts — one in each oounty? Answer: Such action would involve the disorganization of a school district — a thing which county superintendents are not authorized by law to do. The power to disorganize the ordinary school district, as the law now stands, rests with the Legis- lature, and I believe that the Legislature alone is authorized to disorganize a joint school district. 21. Question: Can one person hold the office of clerk of a school district and of county superintendent at the same time? Answer: He cannot; his entrance upon the duties of the higher office makes a vacancy in the lower office. It might be appropriate for such a person to resign the lesser office, but the fact of his failure or neglect to resign would not change the fact of an existing vacancy. 22. Question: Can the board of education of any city in which a private school is located contract with such private school to instruct any of the pupils of ihe public schools, using the publio funds to pay for such instruction? Answer: The law would not warrant a board of education to make such a con- tract, or to use the publio funds to pay for such instruction. 23. Question: Can the clerk of a school district receive pay for superintending the erection of a school-house within the district of which he is the clerk? Answer: A contract made by a distriot board with one of their number would be neld to be contrary to publio policy, and consequently would be held to be null and roid. 24. Question: Can the district board compel the teachers to perform janitor work? Answer: In the absenoe of any law compelling the teachers to perform the work of a janitor, or compelling the distriot board to employ one (a janitor), the board cannot compel the teachers to perform janitor-work, nor can the teacher enforoa OPINIONS. 105 the employment of a janitor by the board. This condition of things indicates the necessity of suoh an understanding between the parties concerned, when the teaoher is employed, as will obviate the difficulties involved when board and teaoher disagree about the janitor question. 25. Question in regard to the issuing of promissory notes by district boards. Answer: I know of no law which authorizes school boards to give promissory notes involving the districts for furniture, apparatus, and similar purchases. Second — When a warrant properly signed is presented to the district treasnrer, it is hiB duty to pay it if in funds; if not, he accepts it and adds the words, "Not paid for want of funds." Then, the holder or the purchaser holds it until there are funds in the hands of the treasurer with which to pay it. The person who takes such an order in payment for anything, takes it with any infirmity it may possess. 26. Question as to the right of the district board to employ a'teacber not legally qualified. Answer: A board has no legal right to employ any other than a legally qualified teaoher. A district employing such a teacher (one not legally qualified) cannot have the time in which school is taught by such a person counted as a part of the three months necessary to entitle them to the State school fund. Such a teacher, by a suit at law, can recover pay for services rendered, but the amount awarded him would not depend on any contract previously made; it would be decided by evidence given in connection with the suit at law, and the district would finally have it to pay. 27. This office has been asked for an opinion on the following question : Has a school board, under the law, the right to make and enforce the following rule: "Upon the return of any pupil, after absence, the parents or guardian shall give in person or writing an exeuse, stating the cause. If it shall have been sickness of the pupil, or neoessary attendance upon the siok, or death in the family, or other urgent cause rendering punctuality or attendance impossible — in any such case, irregularity shall be excused, and so noted in the daily register. In every case of absence of more than three half -days in four consecutive weeks, or for tardiness four times during the same interval, for any other excuse than those permitted above, the absentee shall, without exception or favor, be reported to the board for suspension. But no pupil shall tnus be reported unless parents have been duly notified of the delinquency of their children, and all other appropriate means em- ployed to secure regularity." The answer to the question is in the affirmative. The school board has the power to make and enforce the rule. A leading case upon this class of regulations is one decided by the Supreme Court of Iowa, in June, 1871. A pupil was suspended from school for violating a rule similar to the one herein quoted. The court upheld and sustained the rule. A part of the language of the court is given: "The rule re- quiring constant and prompt attendance is for the good of the pupil, and to secure the very objects the law had in view in establishing public schools. It is therefore reasonable and proper. In another view, it is required by the best interest of all the pupils of the school. . . . The whole class may be annoyed and hindered by the imperfect recitations of one who has failed to prepare his lessons on account of absence." These views seem to me so correct that I make the language quoted a part of this opinion, applying the same to the rnle submitted in this case. 28. A county superintendent has no authority to order a district clerk or treasurer to take his books to the office of the county superintendent for examination; but the county superintendent is authorized to call upon a district officer, and request that the books of said district officer be produced for examination. Should the dis- trict officer refuse to produce his books, it would be the dnty of the county superin- , 106 SCHOOL LAWS OF KANSAS. tendent to seek advice of the county attorney as to the proper method of obtaining an order from the proper court, commanding the district officer to produce his books for examination, in compliance with the law. 29. Question: Can a married woman, residing with her parents in a certain school district, vote at a school-district bond election in said district, even though her hus- band lives on a farm belonging to him, in another district? ,. Answer: She is entitled to vote only where her husband is entitled to vote, unless she could make oath to the statement that she has— for some reason — abandoned him. 30. I find no authority in law by which the clerk of a school district may borrow money upon the credit of the district for the purpose of making repairs upon the school building belonging to said district. 81. A district board has no authority in law for extending the school term be- yond that decided upon by the voters at the annual meeting. 32. Question: Can the teacher enforce work in composition and declamation? Answer: Teachers have the same right to enforce work in composition and declamation on the part of their pupils as they have to enforce work in any other branches enumerated in the course of study adopted by the board. 33. Question from examiner in regard to oral or written examinations. Answer: Your action in granting a certificate on an oral examination was legal, and the certificate thus granted valid, provided the examination was a pnblic one, and the questions used were those prepared by the State Board of Education. 34. Question: What is yonr opinion in regard to reading the Bible in our pnblic schools ? Answer: In the absence of any law upon the subject, were I a teacher I should regard it as my duty to be governed by the advice and direction of the school-district board; and if I were a county superintendent, I should in every case refer this ques- tion for settlement to the board of the school district in which it might become a matter of controversy. 35. Question as to the validity of a teacher's contract made before the date of the annual school meeting? Answer: A contract made with the teacher prior to the annual meeting to teach a term of school after the annnal meeting is not a valid contract, for the reason that the voters at the annual meeting have the authority to decide whether the school shall be taught by a male or a female teacher, and also the length of the term — sub- jeot to the four-months provision — and their action might be in opposition to some parts of the contract made before the annual meeting. 36. Question: How shall section 39, School Laws of 1891, and sections 108, 109, and 110, School Laws of 1891, be made to harmonize? Answer: Section 39 recites that "The qualified voters at each annual meeting, or any special meeting duly called, may determine the length of time a school shall be taught in their district for the then ensuing year, which shall not be less than three months," etc. Section 108 reads, "That in all school districts in this State in which there is a good and sufficient school building, a school shall be maintained for a period of not less than four months, between the first day of October and the first day of June in each school year." OPINIONS. 1 07 Section 109 makes it the duty "of the county superintendent, in case the proper authorities "neglect, refuse, or fail to provide a sufficient levy of tax upon the tax- able property of such district to maintain a public free school for a period of not less than four months in each school year," to act in conjunction with the county commissioners in such a manner as will provide the funds necessary to maintain a four-months school. Section 110 directs that the county superintendent, upon the failure or refusal of the board of any school district to provide and maintain such school as is pro- vided in this act, shall hire a teacher or teachers, and provide the necessary fuel and appendages for the maintenance of such school or schools for at least four months during the current 6chool year. Section 110 further provides, "That the provisions of this act shall not apply to those school districts which will be required to levy more than one per cent, to support and maintain such school as is provided for by this act." Section 39 is part of a law passed in 1876. Sections 108, 109 and 110 were en- acted in 1881. These last-named sections are mandatory. The word "shall" is em- ployed throughout the three sections. After careful consideration of the law, I give it as my opinion: First: Voters in districts having a school building are required to vote at least a four-months school, provided a tax levy not exceeding one per cent, will be sufficient to maintain such school. As has been stated, section 108 is mandatory, and a later .enactment than section 39, which it virtually repeals to that extent. Second: Should a school district provide for a shorter term than four months, it is the duty of the county superintendent to observe the provisions of the act of 1881, and see to it that a four-months school is held— including the term provided for by the school-district authorities— in each district having a sufficient school build- ing, and within the one-per-cent. tax levy mentioned in section 110. Third: In districts where there i B no school building, the act of 1881 does not apply. A failure to maintain a school in such a district means simply a failure to receive any part of the State and county school funds. Fourth: The first day of December mentioned in section 110 is the time set for the board of directors within which to provide such school; but the county superin- tendent may at any time during the current ,-chool year perform the duties imposed upon him by this act. f K , J?*T ni r iB /'! bli8hed becanse the m <^r is one which concerns very many school districts, and about which many inquiries are received at this office, * > 37. The entire vote of a school district is to be considered in determining the ehange of site of school houses worth not less than four hundred dollars; and two- thirds of all persons entitled to vote must vote for such change of site before such change can be legally made. 38. I believe it to be the intention of the law . that a county text-book board. where once chosen in conformity with the law, should act promptly; act wTthout "u necessary or unreasonable delay. I do not believe that the law wouM tl ra te any delay simply or the sake of delay. Section 91, Schooi; L aws of 1891, recYtes "Anv eT ThifC; of 8aid b r ds who sha11 Tioiate -* v*. i«J£ z -2. £. pelled by the law to act without unreasonable delay ' " ° h ° 8en ' " C ° m - -ry immediat^:^ ST^SS^ M "* * * * * 108 SCHOOL LAWS OF KANSAS. It is my opinion that the board of education has the right to attach such terri- tory, unless suoh action would leave some outlying district or districts in a condition prohibited by the statutes. (See sec. 23, School Laws of 1891.) See. 191, School Laws of 1891, reoites: "Territory ontside the city limits, but adjacent thereto, may be attached to such city for school purposes," etc. Adjacent territory is not necessarily adjoining territory ; and I think such terri- tory as you describe is adjacent territory, and may be attached for school purposes in accordance with the provisions of and in the manner prescribed by said sec. 191, subject to the prohibition hereinbefore mentioned. 40. If a certain school distriot contained less than fifteen persons of school age, the superintendent would hare no right to detach territory from such district even should the territory detaohed contain no children of school age. 41. "The board of education decides that an imbecile child — one who can get but little, if any, good from attendance at the public school, and whose presence at school is injurious to the interests of the other pupils, shall be prohibited from at- tending said school." It is my opinion that the board of education has the right to exclude such a ohild from school, and that they have acted for the best interests of the school in taking such action. It is true that section 190, School Laws of 1891, recites that the schools " shall be free to all ohildren residing in such city," etc; but the evident intention of the law is that the schools shall be free to all children whose conduct or condition will admit of their being benefited by the school, withont positive injury to the general inter- ests of the school. Under this interpretation of the law, boards of education are justified in prohibiting from attendance at school vicious pupils, pupils affected by contagious diseases, and pupils of unsound mind. 42. " Oan a member of the board of education, in a city of the second class, live in one ward and represent another ward on the board ? " I think not. The law is silent on this point; but I believe it would be held by the courts — unless some definite exception is mentioned — that one must be a resi- dent of the territory which he represents. 43. Circumstances frequently arise of a kind to render it necessary that a school- district treasurer's bond be increased, or made as good as when originally approved by the director and clerk. When, in such a case, the treasurer fails or refuses to comply with the request or order of the other members of the school board that the bond be made sufficient, I am of the opinion that the county superintendent might recognize a vacancy (al- though he cannot declare a vacancy), and make an appointment of a treasurer for the distriot. Or, the county attorney might bring suit for the district to show a forfeiture of the office; after which the county superintendent would find it necessary to appoint a treasurer for the distriot. I believe the second method of procedure which I have indicated would be the better method ordinarily; because if the treasurer were to refuse to deliver the boons and moneys in his possession to the person appointed by the county super- intendent, possession could be obtained only by legal process. 44. In my opinion, bonds cannot be voted on the condition that if the site i» ohanged the bonds shall be void. The two propositions oannot be so connected. I After a site has been selected, bonds voted, and a contract to build a school house has been legally entered into, I do not see how there can be a change of site without the concurrence of the person or persons contracting to build the house. With suoh concurrence, section 40, School Laws of 1891, would apply. OPINIONS. 109 At any time after a school rAse is built, the law referring to change of site be- comes applicable. 46. I am in receipt of your letter of recent date, in which inquiry is made re- garding the power of school districts to pnrchase or erect school houses by the issu- ance of school orders or warrants of the district. The inqniry is made on behalf of school districts having lesB than fifteen children of school age within their limits. Such school districts are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of school houses by the issuance of school- district bonds. May such school districts provide funds for the building of school houses by is- suing school-district warrants? To the extent and within the limitation of sec. 11, chap. 92, page 821, Comp. Laws, 1885, this may be done, but not otherwise. It is within the power of school districts, under said section, to vote a tax annually not exceeding two per cent, on the taxable property in the district for school purposes, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a school house for the district. Beyond this the district cannot go. School warrants for building school houses cannot be issued in excess of this amount authorized by law upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation. 46. The school law does not give the voters present at the annual meeting any authority te fix the exact date upon which school shall open. 47. " Is the superintendent of a county whose school population is less than 1,000 entitled to compensation for services as a member of the examining board, in addi- tion to his pay for the 150 days prescribed by law? " Sec. 17, School Laws of 1891, recites among other things, that, "In counties hav- ing a school population of less than one thousand, the county superintendent shall receive for each dajL actually and necessarily employed in the discharge of the duties of his office the sum of three dollars per day, for a number of days not to exceed one hundred and fifty in any one year." Sec. 141, School Laws of 1891, states that the county superintendent shall be ex officio chairman of the board of county examiners. These two sections combined lead me to believe that the county superintendent should include within the 150 days mentioned in the law the time occupied by ex- aminations of teachers, and that he is not entitled to extra compensation therefor. 48. This is in reply to your letter of the 31st of May, in which you make certain inquiries concerning the county uniformity law. Ton wish to know my opinion as to the construction to be placed upon the law as it concerns counties in which the term of five years mentioned in the law has expired. Section 89, School Laws, 1891, reads as follows: "A county text-book board may be elected once in every five years in each county, in the manner prescribed in this aot, whose powers and duties shall be the same as those hereinbefore enumerated." It is, therefore, my opinion that in counties where the five-years adoption has expired, it will be necessary at the next annual election thereafter to vote "for "or 'agqinst" county uniformity, and if county uniformity be sustained, then, and only then, can a legal text-book board of delegates be elected. In other words, after the expiration of the five years for which text-books were adopted, the county stands precisely as it did before the first adoption was made. 49. It is my opinion that the portion of section 87, School Laws of 1891, which relates to bonds from publishers, should be construed to mean that the publisher's euaranty should precede any adoption or selection by the county text book board; 110 SCHOOL LAWS OF KANSAS. but that the bond mentioned need not be required until after selection has been made. Should any publisher fail to furnish the bond required by the text-book com- mittee, the books of said publisher would not be regarded as the prescribed books, and the committee would be free to select others in the place of the books belong- ing to the publisher who fails to furnish the bond required by the text-book com- mittee. 50. A. county superintendent proposes to form a new school district, and pro- ceeds as authorized by law. An appeal from the superintendent's action in forming the new district is regularly taken, and is considered by the board of county com- missioners, who — after hearing evidence and listening to the argument of counsel — by a vote of two to one dismiss the appeal, and sustain the action of the county su- perintendent. The appellants, by their attorney, file with the board of county com- missioners a motion for a new hearing, and notify the county superintendent of such motion; but the commissioners adjourn without taking any action on the mo- tion. Ton then ask, "What ought the county superintendent to do in the casef" It is my opinion that the law does not authorize a motion for a new hearing be- fore the county commissioners, and they were therefore not compelled to grant a new hearing. By adjourning without considering the motion the board virtually declined to consider the case further, and it would appear to me to be the duty of the county superintendent to proceed with the formation of the district. 51. I am of the opinion that a person who is elected a member of the board of education from one ward of a city of the second class, and afterwards moves to an- other ward of the same city — either before or after the time for him to be inducted into office — loses his office by such removal, and causes a vacancy in the board of education, and the law gives to the board of education the power to fill such vacancy. ( Laws 1876, Ch. 122, Art. 11, Sec. 8.) INDEX ACT OF ADMISSION— PAQE . Educational provisions of the organic act 5 Educational provisions of the Slate Constitution 5 Educational provisions of the act of adnii&aion 7 Annual school meeting 21 Annual school meeting in union or graded-school districts 26 APPEAL8- In the alteration of joint school district, appeal may be made to State Superintendent, how- 19 From decision of the County Superintendent on the formation of a school district to the Board of County Commissioners 17, 18 Notice shall be served, when and how 18 Trial of the appeal 18 Suspended pupils may appeal to whom .'. 33 From Probate to District Court in sales of school lands « 91 APPOINTMENTS— To fill vacancy in the office of County Superintendent 16 Of district officer to fill vacancy .-. 16, 28 APPORTIONMENT OF PUBLIC SCHOOL MONEYS— When and how made to counties 10 When and how made to school districts and union districts 14, 25 When and how made to cities 26 APPRAISERS OF SCHOOL LANDS— How appointed.. 90 Shall be sworn . ( 90 Shall appraise each legal subdivision of school land separately, at its real value 90 Shall appraise improvements (if any) on each subdivision of land separately- 90 Shall file appraisement with County Clerk : 90 May, in conjunction with County Superintendent, subdivide timber land into suitable lots 92 Shall not, directly or indirectly, purchase school lands appraised by them..- 96 Shall receive for their services two dollars per day 97 ATTORNEY GENERAL— Shall serve as member of Board of Commissioners of Permanent School Fund 7 Shall examine and give opinion on statement of facts submitted by State Superintendent of Public Instruction % . 10 Shall prepare form of certificate for sale of school lands 93 Shall bring action against County Clerks who fail to report to Auditor of State 100 Shall bring action to collect unpaid moneys belonging to permanent school fund 79 AUDITOR OF STATE— Shall debit and and credit County Treasurers for sales of school lands, how- 94 Shall credit County Treasurer amount of County Superintendent's orders, how 98 Shall report annually regarding sales of school lands , 98 Shall report to Attorney General County Clerks who fail to report regarding Bchool lands 100 Shall require County Attorney to-prosecute County Treasurers who fail to pay school-land moneys to State Treasurer - 100 » 101 Shall make out consolidated bonds for permanent ochool fund 81 Shall cancel and destroy the bonds presented for consolidation, how 81 BONDS, SCHOOL-DISTRICT- Purposesfor which they may be issued 71 > 7 ^ Bond election, how conducted 72 Issuance of district bonds 73 Board of County Commissioners to levy tax to pay interest and create sinking fund 73, 74 (111) 112 SCHOOL LAWS OF KANSAS. ' BONDS, SCHOOL-DISTRICT — Continued; Sinking fund v how applied, and investment of. 74 Destruction of bonds 74, 75 Penalty for wrong use of bonds 74 Females may vote at bond election 72' Registry of district bonds 73 No district containing less than fifteen children can issue bonds 72 Bonds to be offered to State School Fund Commissioners 75 Bonds belonging to State permanent school fund, to be payable at State treasury 76 Payment of bonds before maturity 75, 76 Cou-nty and City Treasurers shall remit to State Treasurer 76 Penalty for failure to remit 76, 77 Bonded indebtedness to be reported to County Clerk by District Clerk 30 CITIES OF FIRST CLASS— Public schools in... .' .63-71 CITIES OF SECOND CLASS — Public schools in 61-68 CITIES OF THIRD CLASS — Public schools in 71 Attachment to cities of second class „ 64 COMMISSIONERS, COUNTY — Shall audit bills for services of County Superintendent, and issue orders to pay the same.. 16 Shall appoint to fill vacancy in office of County Superintendent. 16 Shall hear appeals in reference to formation or alteration of school districts 17, Id Shall appoint two members of County Board of Examiners on nomination of County Superin- tendent 48 Shall levy tax annually for interest and sinking fund of school-district bonds 73 Shall approve appointment of suitable appraisers of school lands 90 COMMISSIONERS OF STATE PERMANENT SCHOOL FUND — Board of, how constituted 7 Duties of. * 77-82 CONSTABLES — Duty of, in reference to trespass on school lands 100 COUNTY ATTORNEY— Shall bring action for ejectment in case of forfeited school lands 95 Fees allowed for services relating to school lands 97, 98" Shall prosecute trespassers on school land 100 COUNTY CLERK— Shall report to County Commissioners vacancy in office of County Superintendent 16 Duty in reference to school-district taxes for building and teachers' wages 36 Duty in reference to, school-district library tax 88 Shall register school-district bonds on presentation 73 Shall furnish copy of register of school-district bonds to County Treasurer 73 Shall forward copy of register of bonds, with statement, to State Superintendent 73 Shall file and record appointment of appraisers and appraisements of school lands 90 Shall record payments for sales of school lands 93 Shall charge County Treasurer with payments on sales of school lands 93 Shall issue certificate to the purchaser of school lands, showing what 93 Shall transmit semi-annually, to the Auditor of State, abstract of school lands 94 Fees allowed for services in reference to school lands .-..97, 98 Shall report regard ing school lands semi-annually, to Auditor of State, on or before October 1st, 98-100 Penalty for failure to report to Auditor of State 100 Duty in case of levy of tax made by County Superintendent and Commissioners 40 COUNTY HIGH SCHOOLS 41-45 COUNTY SUPERINTENDENT — Constitutional provision concerning 5 Shallhave charge of common-school interests of county... 12, 13 Shall take oath of oflSce and execute bond of one thousand dollars 12 Shall apportion State and county moneys to districts in county, when and how 14 Shall make semi-annual visits to each school in county 12 Shall note the condition of school houses in county.. 13 Shall make written report to School Board 13 Shall correct deficiencies in government, classification, instruction *.- 13 INDEX. •JOUNTY SUPEBINTENDENT-Coktisued-. 13 Shall encourage association- of teachers for mntual ta P r0Tement " "[I ZZZZ U Shall attend associations ~ T''^Z^nrn^TkL u SbaU examine account, of School-District Treasurers, and records of Clerks- ^ Shall keep his office open at county scat Saturday of each _»»*-••■ - 13 Shall see that the District Clerks report correctly and In due Ul ^'"-™-™;~;_ i "_. «, 49 Public examinations- "" _., 49 Grades of certificates - « '"' 50 First grade, to whom issued- ~ 50 Second grade, to whom issued .'. 51 Examination in physiology and hygiene.- - .".."....- 60 Certificates of force where— revocation- .....""'"" 50 Temporary certificate- - '.'"".""T'l"j''i.l^~ 14, 15 Shall report annually to the State Superintendent, what and when '.'.'.'.."....._ 18 Penalty for failure te perform duty- — " ^ 16 Compensation of County Superintendents.- _. ' Jg May employ a deputy in case of sickness or temporary absence - ig Shall deliver all official book, and papers to his successor '.Z!Z"."Z. 18 Shall furnish map to assessors - 16 Vacancy in office of County Superintendent, how filled. — -•" May purchase one Mt of school-district records for each school district- """.'.'.'....'. 16 Shall have power to administer oath...- • "" "" w Duty in regard to formation or alteration of school districta. Shall report to County Clerk the boundary of each new school district, when- Number of children required for the formation of a new district - — Shall appoint time and place for first district meeting- — - ....--.. ^ Duties in regard to formation or alteration of joint districts. — > When altering school districts, shall apportion school property, how ~ - 20 ' May call special meeting to transact the business of annual meeting, when ■■■■■ & Shall appoint a suitable person when a district office has been declared forfeited.- 27, as Shall enforce the law when District Clerks fail to report district taxes to County Clerk 30 May, in conjunction with district hoard, dismias teacher for cause 32 t » Shall hear appeal of pupil from decision of School Board— •*- ** Duties regarding the holding a normal institute annually. - - *5 Shall give bond _. ~ - " Union institutes Shall serve as Chairman of Connty Board of Examiners ** * Shall keep register of teachers' certificates - 13 Penalty for receiving bonus from publisher of school books 10J Shall appoint appraisers of school lands, when and how 90 May appear before Probate Court to controvert petition of settler upon school lands 91 , 92 May, in behalf of State, appeal from decision of Probate Conrt to District Court, how 92 May, in conjunction with appraisers, subdivide timber land into suitable lots 92 Terms of payment for other lands - 92 Purchaser shall not commit waste 94 Governor shall issue patent to purchaser, when- «•«• &•" In case failure to pay interest ~— fco Title to land forfeited 95 Forfeited lands may be reappraised, when 96 Privilege of school district to purchase site « 97 Complaint of trespass 99 SbaU not purchase school lands- - 96 Shall issue orders for payment of fees relating to sales of school lands, how - 97 Shall transmit to Auditor of State abstract of orders relating to sale, of school lands, when— 98 Duty of County Superintendent in reference to trespass upon school lands 100 Duty of County Superintendent in reference to estates of persons dying without heir and will... 80 Duty of, in case of neglect or refusal of any district to maintain public school four months each year „ 40 Shall employ teacher for such school, when 40 Shall draw orders for pay of such teacher 40 COUNTY TBEASUBEB— Shall pay for school-district records on order of County Superintendent 17 Shall pay school moneys to District Treasurers, when- 31 Shall collect school-district taxes 86 Custodian of normal-institute fund 46 114 SCHOOL LAWS OP KANSAS. COUNTY TREASURES— Continued: Pay order of County Superintendent drawn on normal-institute fund 46 Shall collect school-district library tax 88 Shall invest sinking funds in school bonds, when •. 74 Shall offer appraised school lands for sale, how 92 Shall pay semi-annually to State Treasurer moneys received 94 Penalty for failure to pay such moneys to State Treasurer 94 May sell school lands at private sale, when 97 Shall receive what fees for services relating to sales of school lands 97, 98 Shall pay fees for services relating to school lands, on order of County Superintendent . 98 Shall give duplicate receipts for annual payments made by purchaser of school lands 100 Shall apply to State Treasurer for school moneys apportioned to county, when 84 Shall, upon proper application, pay to District Treasurer school moneys apportioned by County Superintendent 84 Shall collect all moneys due the county school fund 84 Shall pay the same to District Treasurer, upon proper application 84 Shall collect delinquent taxes on real estate in any district in county f4 Shall pay Buch taxes to the treasurers of the districts to which such taxes belong 84 Penalty for refusal to pay State and county school moneys, on order of County Superintendent... 84 Shall receive no compensation for receiving or disbursing county or State school moneys 85 Penalty for refusal to pay over any school moneys, on proper application 85 DISTRICT OFFICERS- DIRECTOR : 4 Shall preside at all district meetings 28 Shall sign all authorized orders drawn by Clerk on Treasurer 28 Shall appear in behalf of district in suits brought by or against district, when 28 Shall sign district bonds and coupons issued during his term of office 73 Duty in reference to trespassers on school lands 100 Clerk : Shall give notice, of annual or special meeting of district, how and when 21, 22 May call special meeting to transact business of annual meeting, how and when 22 Shall record the proceedings Of his district 28 Shall keep and preserve all official records, books and papers 28 Shall be Clerk of District Board, and of all district meetings when present 28 Shall draw orders on District Treasurer for authorized purposes 28 Shall make written report to district at the annual meeting 28, 29 Shall transmit to County Superintendent said report as adopted by district 29 Penalty for false report 29 Shall report to County Clerk a list of resident tax-payers, when 30 Shall annually report to County Clerk levy of district taxes, when . 86 Penalty for failure to repdVt district tax 30 Shall report to County Superintendent names and post-office address of officers elect, when... 30 Shall report commencement of each school term, when .'. 30 Shall report indebtedness of district to County Clerk on or before July 5th of each year 30 Penalty for refusal to deliver official documents to his successor 30 Shall be Librarian, unless the Board shall appoint some other suitable person 89 Shall countersign school bonds and coupons issued by the district 73 Shall sign notices of district election for school bonds 72 Shall take notice of trespassers on school lands 100 Treasurer: Shall execute a bond to the district 30 Such bond shall be justified by affidavits of principal and sureties 31 Shall pay out district moneys on order of Director and Clerk 31 Shall receive school moneys from County Treasurer, how 31 Shall enter in a book all moneys received and disbursed by him 31 Shall make written report at annual meeting, showing what 31 Shall, at close of term, settle with District Board 32; Shall deliver moneys and official records to his successor 32 Shall prosecute his predecessor for failure to pay over money belonging to the district 32 Shall take notice of trespassers on school lands 100 District Board: .. Shall consist of Director, Clerk, and Treasurer 27 Term of office t 27 Official oath 27 INDEX. 115 DISTRICT OFFICERS — Continued: District Board — Continual: Forfeiture of office ; 27 28 Shall purchase or lease site for school house, when * 32 Shall carry into effect all lawful orders of the district 32 Shall have the care of school house and other district property 32 Shall hare power to make regulations relating to district library .... 32 Shall have power to appoint a suitable person to take care of library and apparatus 32 Have power to admit Bcholars from adjoining districts 32 Shall contract with qualified teachers „, 32 33 May, in conjunction with County Superintendent, dismiss teacher for cause 33 Shall provide necessary appendages during school term 33 Shall submit account of appendages for allowance at any regular meeting .' 33 May suspend pupils for cause, subject to appeal to County Superintendent 33 Shall furnish teacher with daily register. . ... 33 Shall visit the district school at least once during school term '. 33 Shall not act as agent for any publisher or bookseller 35 Shall not receive any gift for introducing any book, apparatus, or furniture 35 Shall cause Clerk to report district levy on or before August 25, annually 36 Shall levy tax for payment of judgment against district 36 Shall be liable to judgment creditor, when 36 May remove school house, when 36 May open school house to the business meetings of societies in the district 37 May determine additional branches to be taught in school of district 37 Penalty for refusing admission to any children residing in the district 37, 38 Shall not allow infected pupils to attend school 38 May assess a tuition fee, when and how 38 May issue bonds of district, how, and for what amount and purpose 73 May negotiate the bonds of the district 73 Shall order a district election for the bonds, when and how 72 Shall destroy canceled bonds, how 74, 75 Penalty for wrong use of bonds of district „ 74 Shall levy a tax to pay apportionment of school property, when 21 COMPULSORY ATTENDANCE AT SCHOOL— Children shall attend school 38 Penalty for violating the act relating to compulsory attendance 39 j Duties of school officers; penalty 39 Malicious prosecution 39 CREDITS ON CONTRACTS OF SALE OF FRACTIONAL SUBDIVISIONS OF SCHOOL LAND... 93 DISTRICT MEETINGS 21, 22 DISTRICT SCHOOLS : 37 EXAMINERS, COUNTY BOARD OF , .". 48 EXAMINATION IN PHYSIOLOGY AND HYGIENE 51 EXECUTORS OR ADMINISTRATORS— Shall pay into permanent school fund proceeds of estates of persons dying without heir and will, when 80 Shall pay into county school fund money unclaimed by heirs, when 85 FINES AND PENALTIES 101 INSTITUTES, COUNTY NORMAL 45 JUSTICES OF THE PEACE— Shall have jurisdiction in school-district cases, when 101 Shall report to County Superintendent proceeds of fines and estrays, when 85 Shall pay said proceeds into county school fund, when 85 MALICIOUS DESTRUCTION OF PROPERTY 8 OFFICIAL OATHS— State Superintendent of Public Instruction 9 County Superintendent of Public Instruction 12 School-district officers 27 OFFICIAL OPINIONS \ 102 ORGANIC ACT— Educational provisions of. 5 OUT-IIOUSES 88 116 hCl 1(101- LAWS OF KANSAS. POWERS OF SCHOOL-DISTRICT MEETINGS a PROVISIONS FOR A FOUR-MONTHS SCHOOL. v 39 ' 40 PROBATE JUDGE— Shall appoint three disinterested freeholders to appraise and condemn school site, when 24 Shall appoint three disinterested persons to appraise and condemn one acre for site, when 36, 37 Shall receive what fees for services relating to school lands 97 - 98 Shall keep on file one of ad ministrator's duplicate receipts for moneys paid into permanent school fund 80 Shall certify proof of heirship of person claiming recovery of said estate, when 81 QUALIFICATIONS OF VOTERS AT SCHOOL-DISTRICT MEETING- 22 REPORTS— State Superintendent's Biennial Report "> *2 County Superintendent to State Superintendent, quarterly and annual 13-15 County Superintendent report boundaries of school district to County Clerk 14 Report of District Clerk to annual school meeting ■ 28, 29 Annual report of District Clerk to County Superintendent 29 Clerk of joint district to report to whom 29 District Clerk's report to County Clerk of persons liable to pay tares 30 District Clerk's report to County Superintendent of commencement of school term, and district officers elected. .... 30 District Clerk's report to County Clerk of Indebtedness of school district 30 District Treasurer's report to annual meeting. 31 Reports of Clerk and Treasurer of .graded-school district 26 Board of Education of city schools to make report 57, 68 County Clerk to report to State Superintendent when district bonds are issued 73 County Clerk to report sales of school lands to State Auditor..... 94, 99 County Superintendent to State Auditor 98 State Superintendent to the Legislature 79 State Treasurer to State Superintendent 83 County Clerk to County Superintendent 83 Justices of the Peace to County Superintendent 85 SCHOOL DISTRICTS- CITIES of First Class: The whole city is a school district for purposes of taxation 55, 56 Cities of Second Class: The whole city, together with the territory attached for school purposes, is a school district for purposes of taxation 68 Adjacent territory attached for school purposes 64 Cities of Third Class: The whole of the eity corporation shall be and remain in one school district for purposes of schools and taxation 71 Union and Graded-School Districts 25 Joint Districts: How formed and designated 19 How changed 19 Clerk of joint district shall report to each County Superintendent 29 Appeal, how taken, and to whom 20 Joint-district fund 20 Common-School Districts: Formation and alteration of 17 Shall be deemed organized, when 19 Every organized district shall be a body corporate, and designated, hew 19 Persons aggrieved by formation or alteration of district may appeal to the County Commis- sioners, when 17, 18 SCHOOL-DISTRICT MEETINGS— Annual meeting 21 Special meetings 22 SCHOOL FUNDS— Permanent School "Fxmro: Proceeds of saleB of school lands 5, 94 Estates of persons dying without heir and will 6, 80 Per cent, granted by Congress on sales of public lands in Kansas 6 Management of permanent school fund...... 77 INDEX. 117 SCHOOL FUNDS— Continued: State Annual School Fund : Interest on permanent school-fund securities *>» " Rents of school lands * Fees paid by insurance companies doing business in the Stale 8* Management of State annual school fund — " County School Fund: Equivalents for exemption from military duty G > '* Proceeds of estrays ", °^ Fines for any breach of the penal laws 6 i ^ Moneys unclaimed by heirs 8° Management of county school fund 84i 8-5 SCHOOL-FUND COMMISSIONERS, BOARD OF— Meetings, when and where held 77 Records of School-Fund Commissioners 77, 73 Bonds offered 78 Investment permanent school fund 78 Quorum and business , 78 Records showing condition permanent school fund and State Superintendent's report bienni- ally 79 Office and records 79 Orders to be drawn ; 79 Custodian permanent school fund 79 Collection of money 79, 80 Compensation 80 Unclaimed estates 80 Sale of real estate SO Proceeds of sale 80 Consolidation of bonds 81 Registration of bonds A 81 Indorsement of bonds _ _ gl Treasurer's statement to Auditor. 82 Cancellation of coupons and bonds 82 Bonds to be compared by Auditor and Treasurer 82 Penalty for refusal or failure by Treasurer 82 Time extended by School-Fund Commissioners.... „ 82 Payment of bonds oefore maturity. 75 76 Manner of exchanging bonds.. ' g 2 Records of exchange 82 Funding bonds to be stamped 82 SCHOOL HOUSES— District Boards.shall have care and keeping of. 37 May be used for what puiposes «- Removal " "" SCHOOL-HOUSE SITE— How selected May be changed " Land to be condemned for school-house site ""..!!." 24 3g To be purchased or leased by district board wnen designated by the'eiectorsof' the district!....' 32 SCHOOL MONTH— Defined 37 SCHOOL TERM OF FOUR MONTHS-Required, when 40 SCHOOL LANDS— Constitutional provisions Provisions of act of admission ..." S ' 6 Statutory provisions 1 "•* * - 90 SCHOOL-DISTRICT LIBRARIES SECRETARY OF STATE— 88 Shall serve as member of Board of Commissioners of Permanent School Fund. o Sha attest consohdated bonds belonging to permanent school fund.. „, Shall be depositary of bond of State Treasurer as treasurer of State annuai'schoo. moneys 84 SHERIFF-Duty of, in relation to trespass on school lands „™ " ■ 100 118 SCHOOL LAWS OF KANSAS. STATE ANNUAL- SCHOOL FUND — Shall consist of what 8S State Treasurer shall hold annual school fund subject to order of State Superintendent of Public Instruction 83 Treasurer shall report to State Superintendent 83 Report annual school fund 83 State Treasurer shall pay school money to the different County Treasurers 83 Bond, State Treasurer shall give 83, 84 County Treasurer shall apply for school moneys 84 Pay to the Djstrict Treasurer by County Treasurer 84 Insurance companies, pay fees 84 County Treasurer shall collect moneys due county school fund 84 County Clerk's statement to County Superintendent 85 Justice of the Peace, report * 85 School moneys and other school property to be delivered to proper officers 85 Compensation, County Treasurer's .-. 85 Fine for failure to pay school money 85 Unclaimed moneys 85 Common-school fund, all fines, penalties, and forfeitures 85 STATE BOARD OF EDUCATION 47 STATE CONSTITUTION— Educational provisions of. 5-7 STATE SUPERINTENDENT— Constitutional provisions concerning g_7 Official oath 9 General duties May appoint an Assistant Superintendent 9 Shall apportion State annual school moneys, when and how '. 10 Shall prescribe blank: forms for common-fichool business 10 Shall give his opinion on questions submitted to him by County Superintendents, in writing 10 Shall keep a record of all snch decisions 10 Shall cause copies of the school laws, forms, etc., to be published for use of school officers 10 Shall open correspondence relating to the school system of other States 11 Shall prepare a biennial report, beaiingdate when, and containing what 11 Shall visit each county in the State biennially n Shall deliver books, papers, etc., to bis successor 11 Shall assist County Superintendents in making arrangements for county normal institutes 45 When fifty persons have registered in any normal instil uLe, shall certify same to Auditor 46 Shall serve as member of State Board of Education 47 State examinations ; 43 Uniform system of examinations 4g Shall not receive bonus from publishers of text-books 101 Penalty for receiving bonus -. , 101 Shall apportion, as provided by law, the interest on deferred payments for scbool lands 93 Shall report the condition of the permanent school fund 79 Shall, with the Governor, approve bond of State Treasurer as receiver of State annual school moneys 83 STATE TREASURER— Shall notify City or County Treasurers, thirty days before maturity of bonds 76 Shall give receipts to County Treasurers who pay over scbool-land moneys 94 Shall give additional bonds as custodian of permanent school fund securities 83 84 Shall be custodian of all moneys belonging to permanent school fund 79 Shall be custodian of all permanent school, State Normal'School, and State Uuiversity fund securities 79 Shall receive all State annual moneys 33 Shall hold such moneys subject to order of State Siipeiintendent 83 Shall keep accounts of permanent fund and of annual ."and in separate books 79 Shall report to State Superintendent the amount of permanent school fund moneys in treasury, when 83 Shall pay annual school fund moneys to County Treasurer on orders of State Superintendent... 84 As treasurer of annual school fund shall give bond, to be approved by Governor and State Su- perintendent g3 84 TEACHERS OF DISTRICT SCHOOLS OR GRADED SCHOOLS — Shall keep a daily record of what #>> 33 Shall, at close of each term, file with District Clerk a report of what 33 Penalty for failure to report 33 INDEX. 119 TEACHERS' CERTIFICATES— City certificates, by whom granted, and on what terms. 66, 67 County certificates, by whom granted, and on what terms.— 50, 61 State diplomas and certificates, by whom granted, and on what terms.... 47, 48 "TEXT-BOOKS 11, u TRESPASS ON SCHOOL LANDS 99 "UNION OB &BADED-SCHOOL DISTRICTS 25 ■WARRANTS ~. gg AVATEB CLOSETS \ «