Class j4il&_iLS# /f/o HANDBOOK FOR RURAL SCHOOL OFFICERS Comprising the Revised Laws of Minnesota of 1905, and all sub- sequent Laws and Amendments, together with annotations of decisions of the Supreme Court, and opinions of the Attorney General. Complied and Annotated Under the Direction of C. G. SCHULZ, state Superintendent of Public Instruction. BY C. S. JELLEY, Ex-Aesistant Attorney General, of the IVlinneapolis Bar. l4l 'ly/c^'/ZiYj:^^- e___/^ Minneapolis, Syndicate Printing Co. 1910. .i^ EXPLANATORY PREFACE. In this compilation will be found all general laws of Minnesota now in force, relating to rural schools and school boards. The Revised Laws of 1905 are taken as the basis, and to them are added all sub- sequent laws and amendments. The laws are arranged by subjects, the sections are numbered con secutively, and the index refers to the subjects by sections. At the foot of each section is given the number of the section of the Revised Laws, or the chapter and year of the subsequent session laws from which the section is derived. Following the sections will be found annotations in small type giving the substance of decisions of the Supreme Court, and opinions of the Attorney General. The references, such as 43 M. 312, are to the volume and page of the Minnesota Supreme Court Reports, regular edition, and the references, such as (Gil. 352) added, are to the Gil- fillan edition of the Supreme Court Reports. References such as "Young page 187," or "Simpson January 11, 1910" are to the name of the Attorney General who gave the opinion, and the page of the Attorney General's Report, where the opinion may be found, or the date thereof, as the case may be. FOREWORD. Having, as they do, not only the care, control, and management of the school property and schools, but also, to a great extent, of the school discipline and educational training of the children in their dis- trict, rural school officials occupy most important and responsible po- sitions. By selecting them in preference to others, the people have shown their confidence in them, and it is not only their duty, but it should be their chief aim and highest ambition, as public servants, to see that the schools under their charge are of the very best. Upon them depend largely the quality of the education and the kind of moral training received by the school attendants, and these two, education and moral school training, together with home example and influence, form the basis of the future character of the children, that character which is to determine whether those children are to be come good and useful men and women and worthy citizens. School days being the formative period of character, school offi- cers cannot be too careful or painstaking in adopting such reasonable rules and regulations as are necessary for the proper control and government of the schools, in seeing that such rules and regulations are enforced and in supporting the teacher in the enforcement of the same. School boards and teachers must be in accord if the best results are to be achieved in school work, and the teacher must not only have the necessary knowledge to teach, but must also possess the faculty of being able to impart that knowledge to the children, and at the same time have those essential qualities, patience, kindness, and per- severance which are absolutely necessary in the enforcement of the school rules and regulations and in the proper control and government of children. For a school to be efficient and progressive, members of the board should study the needs of the school; supply those needs so far as it is in their power to do so, throw aside and disregard all selfish mo- tives, and individual desires and preferences, and act in harmony as a board for the best interests of the school. Chosen as trustees by the people, the board members should dili- gently, faithfully, and conscientiously perform the duties of their trust; should be in harmony as a board, among themselves. In feeling and in action, and especially should they be in harmony and act in concert with the teacher in the education, government and control of the children entrusted to their care and guardianship, for then the school in their mutual charge cannot fail of success. With the purpose of furnishing rural district oflBcers in a brief and concise form, information as to their duties, and for placing in their hands a ready book of reference for their guidance in the per- formance of those duties, this hand-book has been prepared, no statutes being referred to except those applicable to rural schools, and special attention is called to "Practical Suggestions to School Boards" and other information made and furnished by Mr. Julius Boraas, County Superintendent of Goodhue County, contained in Chapters XX, XXI, XXII, XXIII, XXIV. C. G. SCHULZ, Superintendent of Public Instruction TABLE OF CONTENTS. Chapter I. Chapter II. Chapter III. Chapter IV. Chapter V. Chapter VI. Chapter VII. Chapter VIII. Chapter IX. Chapter X. Chapter XI. Chapter XII. Chapter XIII. Chapter XIV. Chapter XV. Chapter XVI. Chapter XVII. Chapter XVIII. Chapter XIX. Chapter pract: XX. Chapter XXI. Chapter XXII. Chapter XXIII. Chapter XXIV. Chapter XXV. Chapter XXVI. Sections. Common and Independent School Districts ... 1-9 Powers of Annual Meeting. 10-llA School Boards; Voters; Quorum 12-18 Qualifying for Office 19-22 Duties of Officers. 23-26 Compensation of School Officers 27-29 Quorum in School Boards 30 School Boards, Their Powers and Duties 31-36B Vacancy 37-38 Actions 39-41 Judgments 42-46 Depositories for School District Moneys. 47-50 Penalties 51-58 Compulsory Education 59-62 Bonds 63-66 Taxes 67-69 Teachers 70-74 School Holidays 75 Tuition 76 PRACTICAL SUGGESTIONS TO SCHOOL BOARDS. Hiring Teachers. Care of the School Property. Care and Government of School. Care of the Finances. Care of the Health. List of Supplies Furnished Through the Office of the County Superintendent. Regulations Relating to the Construction of School Buildings, Issued by the State Board of Health. CHAPTER I. COMMON AND INDEPENDENT SCHOOL DISTRICTS. 1. Formation of districts.— A majority of the freeholders quali- fied to vote for school officers residing upon any territory not less than four sections in extent, and in which reside not less than twelve children of school age, whether or not such territory be in whole or in part included in any existing common, independent, or special school district, may petition the county board of the proper county to make such territory a school district, common or independent. (1281) A petitioner, after signing a remonstrance, cannot be claimed as a peti- tioner.—Hahn, May 29, 18S6. The statutes provide that a petition for the alteration of a school dis- trict, the territory of which lies in two counties, shall be presented to the board of county commissioners of each county, of course, for their concur- rent action. It is therefore necessary that the proposed alteration shall be agreed to by each of the boards before it can take effect. — Colville, p. 239. A married woman is not a freeholder because her husband is such, nor is the husband a freeholder because the wife is' such. — Wilson, p. 345. 2. The petition shall contain: (1) A correct description of the territory to be included in such proposed district. (2) The number of persons residing therein. (3) The names and ages of all children of school age residing therein, and the existing district in which each such child lives. (4) The districts in which such territory lies, and the number of such children in each such district. (5) The reasons for the formation of the proposed district. Such petitions shall be acknowledged by the petitioners and sub- mitted to the county superintendent, and if he shall approve of the same he shall endorse such approval in writing upon said petition, stating his reasons therefor; and if he shall disapprove of same he shall indorse thereon in writing his reasons for such disapproval. (1282, as amended by Chap. 110, Laws 1907) A person signing a petition for the creation of a school district may - withdraw his signature therefrom by the signing of a remonstrance or other- wise.— Childs, July 28, 1893. The board of county commissioners may permit the amendment of a petition for the formation of a school district when such amendment is as- sented to in writing by all of the persons signing the same. — Childs, Dec. 21, 1894. 10 COMMON AND INDEPENDENT SCHOOL DISTRICTS. 3. Notice of hearing — Upon the presentation of such petition, the county board shall appoint a time and place for hearing thereon, and shall cause two weeks' published notice thereof to be given in the county, and ten days' posted notice in each district affected. Such notice shall also be served on the clerk of each district, by mail, at least ten days before the time set for hearing, and the auditor's cer- tificate shall be proof of the mailing. (1283) 4. Proceedings on hearing — ^At the hearing the board shall re- ceive any evidence and consider any arguments for and against such proposed organization, and shall make an order either granting or denying the petition; and, if the petition be granted, the order shall particularly describe the district, state its name or number, shall be signed by the chairman, and attested and filed with the auditor, who shall mail to the clerk of each district affected a copy thereof, and shall cause ten days' posted notice to be given of a meeting to organ- ize such district. The board may adjourn the hearing from time to time, and, upon the recommendation or with the written approval of the county superintendent, enlarge or change the boundaries pro- posed in the petition. (1284) When a petition signed by a majority of the resident freeholders is presented to the county board, jurisdiction is not losit by reason of the fact that after the petition was signed the number of resident freeholders in- creased so that at the date of hearing the signers constituted less than a majority.— 89 M. 351. A petition for the formation of a new school district should be presented to the county superintendent, and it is his duty to either approve or disap- prove the same in writing, giving his reasons for his action in either event, before the same is presented to the county commissioners. Simpson, Jan. 12. 1910. 5. Districts in two or more counties — Whenever the territory affected by any of the foregoing pit)ceedings lies in two or more counties, like proceedings shall be had in each county affected, and no order in such proceedings shall be valid unless concurred in by the county boards of all such counties. (1287) 6. Appeal from order — Any person aggrieved may appeal from such order to the district court of the county upon the following grounds: (1) That the county board had no jurisdiction to act. (2) That it has exceeded its jurisdiction. (3) That its action is against the best interests of the territory affected. Such appeal shall be taken by serving upon the county auditor within thirty days from the making of the order a notice of appeal, specifying the grounds thereof. The appellant shall also execute ' and deliver to the auditor* a bond to the county in the sum of one hundred dollars, to be approved by the county auditor, conditioned for the payment of all costs taxed against the appellant on such appeal. Such further proceedings shall be had upon such appeal as upon other appeals from the county board. (1285) COMMON AND INDEPENDENT SCHOOL. DISTRICTS. H The County Board, as the representatives of the public, to whom is en- trusted the matter of forming school districts, may appeal from an order of the District Court reversing its action. — 43 M. 312. When boards of county commissioners have acted upon a petition to organize a new school district out of parts of other districts lying in different counties, appeal may be taken by any qualified person residing in any part of the proposed new district, to the district court of any county in which is located any part of the new territory; and when an appeal is thus perfected that court acquires jurisdiction of the subject matter, and the county com- missioners of the other counties' have no interest therein. Bloomquist vs. County of Washington, 101 M. 163. Although the minutes of the county board did not sitate the precise ques- tion acted upon, it not appearing that the board lost jurisdiction after receiv- ing the petition, by failing to cause the proper notices to be published and posted, it will be presumed that the board retained jurisdiction, considered the petition on its merits, and denied the same on the ground appealed from, viz., that it was not in accord with the best interesjts of the inhabitants of the proposed new district. Bloomquist vs. County of Washington, 101 M. 163. Where the county board has granted a petition for dividing a school district, and an appeal has been taken to the district court, the money in the hands of the district treasurer, which has been apportioned by the county commissioners to the new district, the treasurer, for his own protection, should retain and decline to pay over the same until the legality of the pro- ceedings' has been determined by the court. Simpson, Sept. 17, 1909. 7. Change of boundaries — By like proceedings, and upon petition of the majority of the freeholders of each district affected, qualified to vote at school meetings, the boundaries of any existing district may be changed, or two or more districts consolidated, or one or more districts annexed to an existing district. No change in the boundaries of a district by organization of a new district or otherwise shall be made, so as to leave the old district without at least one school house used for school purposes, nor shall any change of districts in any way affect the liabilities of the territory so changed upon any bond or other obligation; but any such real estate shall be taxed for such outstanding liability and interest, as if no change had been made. In case of the consolidation or annexation of districts, whether under the foregoing or any other provisions of the law, action shall be brought by or against the new or remaining district upon any cause existing in favor of or against any discontinued district, but a judg- ment in such action against such existing district shall be satisfied only from taxes upon the real property included in the discontinued district, when the liability was incurred. "Provided, that when any incorporated borough, village or city of not more than two thousand inhabitants is already or partly in- cluded within the boundaries of any such school district, or whenever any such school district shall include within or partly within its boundaries any incorporated borough, village or city, of not more than two thousand inhabitants, the boundaries of such school district may be enlarged, so as to include all lands within the corporate limits of said borough, city or village, or so as to include lands within and 12 COMMON AND INDEPENDENT SCHOOL DISTRICTS. outside of such incorporated borougti, village or city, but lying con- tiguous to said district in the following manner, to-wit: "Whenever a majority of the legal voters residing within such school district shall petition the board of county commissioners of the county wherein such district is situated for an enlargement of such district, and shall file a petition with the auditor of said county, it shall be the duty of the board of county commissioners, at its next regular meeting, or special meeting, to set a time and place for hear- ing upon such petition, and it shall cause a copy of the notice of such hearing to be posted in some public place in each district to be affected by such proposed change, and a copy thereof to be served upon the clerk of each of said districts, at least ten (10) days before the time appointed for such hearing. The posting of such copy of notice shall be proven by the affidavit of the person posting the same; said affi- davit shall state the time and place of posting and serving of the copy of notice as herein specified, and "Upon filing proof of the posting and service of such notice in the office of the county auditor, the board of county commissioners shall at the time and place fixed, proceed with the consideration of such matter and shall hear all evidence offered by any person inter- ested, tending to show what territory should be included within such district, and having heard the evidence, they shall, if they find it conducive to the good of the inhabitants of the territory affected, proceed to enlarge the said school district as asked for in the peti- tion, and to fix the boundaries thereof and of all the remaining school districts thereby affected, attached to or detaching contiguous terri- tory to or from any of such districts, in such manner as in their judg- ment the best interests of the persons and districts thereby affected, may require; provided, further, that whenever the territory affected by any of the foregoing proceedings lies in two or more counties, like proceedings shall be had in such county affected, a,nd no order in such proceedings shall be valid unless concurred in by the county boards of all such counties affected. "At the time of making such division, enlargement or change of boundaries, the county commissioners shall apportion to the district so enlarged that portion of the debts of said other districts as may seem to them right a,nd proper, and said apportionment when so made shall be binding upon all the districts affected, and the county commissioners may also apportion to said districts so enlarged, such portion of the property of such other districts as shall seem to them just and proper." Said last mentioned apportionment shall be sub- ject to review by the district court. And provided, further, that any person or officer of any school district aggrieved by any order of the county board made pursua,nt to the provisions of this section, may appeal to the district court from . such order, such appeal to be governed by the provisions of section 1285. Revised Laws 1905. COMMON AND INDE3PBNDENT SCHOOL DISTRICTS. 13 (1286, as amended by c. 188, Laws 1907, as amended by c. 13, Laws 1909.) If a part of a district is separated from it by annexation to another, or by tlie erection of a new district, the. old district still retains all its property and is responsible for all its debts, unless some other provision is made by the act authorizing the separation. — 40 M. 13. Divisions and awards of moneys, funds, etc., made by the county board, are governed by the rules applicable to other awards. Technical precision IS' not required, but there must be no uncertainty as to intention. — 67 M. 402. Upon a division of a district, the county board cannot abrogate nor modify contracts of the old district; but should make an order fixing the liability arising out of such contracts. The old district is liable on contracts entered into prior to diviaion, unless the county board provide otherwise. — Young, page 201. An old district, out of a part of which a new district has been formed, cannot afterwards vote a tax upon the new district to pay bonds issued prior to such division; but in case of failure of the new district to levy its share of the tax, the county auditor, under Sec. 787, R. L.., may levy its propor- tionate share and extend it on the tax lists. Such tax should be levied upon both real and personal property. — Young, page 183. A tax levied, but not collected, before the division is subject to dis- tribution.— Childs, June 29, 1894. Upon division of a school district moneys on hand raised for the pur- pose of building a school house are subject to division. — Childs, Sept. 18, 1893. 8. Division of funds wliere new school districts are formed — That whenever the boundaries of any school district are changed, or when a school district is formed from territory comprising two or more dis- tricts, or when any school district is divided, the county board shall make a division of all moneys, funds and credits belonging to such districts and shall make an award of such moneys, funds and credits to the district or districts affected by such change, and in making such award the commissioners shall take into cr-npiideration the in- debtedness, if any, of the district so divided, and shall make such division as they deem just and equitable. (Chap. 109, Laws 1907.) Where a school district has voted upon and carried the proposition to issue bonds, and procures a loan from the state for the purpose of build- ing a school house, and Siuch money has been received from the state, and thereafter the school district is divided, a new district being formed out of part thereof, the money so received and in the treasury of the district at the time of the formation of the new district, should be taken into considera- tion by the county commissioners, in making the apportionment of funds and credits, as provided by law. Simpson, Jan. 11, 1910. 9. Duties of county auditor — When a school district has been formed from territory comprising two or mor? districts, or where a school district has been divided and the county board has, by resolu- tion, made a division of the moneys, funds aud credits belonging to such districts the auditor of the county shall be required to make a division of all the moneys, funds and credits evidenced by the records in his office pursuant to and as required by said resolution. (Chap. 109, Laws 1907) CHAPTER II. POWERS OF ANNUAL MEETING. 10. Powers of annual meeting — The annual meeting chall have power: 1. To appoint a moderator, and a clerk pro tem, if the clerk be absent; but in independent districts the chairman of the board ehall preside, instead of a moderator. 2. To adjourn from time to time. 3. To elect by ballot officers of the district. 4. To designate a site for a schoolhouse, and provide for building or otherwise placing a schoolhouse thereon, when proper notice lias been given; but a site on which a school house stands or is begun shall not be changed, except by a vote therefor, designating the new site, of a majority of the legal voters of the district who have resided therein not less than six months prior to the vote, and of two-thirds of the voters voting upon the question, except that, in districts having but one schoolhouse, if such schoolhouse be more than one-ha^f mile from the center of the district, such site may be changed to a more central location by a majority vote of those present and voting on the question of change. 5. To repeal and modify their proceedings from time to time, in accordance with the powers herein conferred. (1308) A school district lias authority to employ a part of a dwelling house as a school house.— 7 M. 203 (Gil. 145). A meeting must determine upon the erection of a school house or the selection of a site before a tax can be levied therefor. — 10 M. 433 (Gil. 345.) A district may at a district meeting, make a promise that will take a debt of the district out of the operation of the statute of limitations. — 12 M. 17 (Gil. 1). When a site has been once designated and is situate within one-quarter of a mile from the center of the district, it cannot be changed unless at least a majority of the legal voters in the district who have resided there- in for at least six months prior to such vote, and two-thirds of the legal voters present and voting, vote in favor of the change. — 61 M. 259. When a district purchases a site for a school house, erects' a school house thereon, and continues to use it, it will be presumed that the site was legally selected by the voters, and that the officers acted within the scope of their authority, when all the records relating to it have been lost. — S3 M. 111. Must Show Authority. ^As school districts are mere creatures of law, established for special purposes, and derive all their powers from the acts creating them, it is perfectly just and proper that they should be obliged strictly to show their authority for the business they transact and be con- fined in their operations to the mode, manner and subject matter prescribed. — School District No. 7, Wright County vs. J. H. Thompson, 5 Minn. p. 221. . POWERS OF ANNUAL MEETING. 15 The center of the district means' the geographical center, and when a district is irregular in form, the center is that point which is nearer more of the territory of the district than any other point. Clapp, Sept. 15, 1889. "Who are the judges of the special school meeting to receive the vote, and to decide who are voters?" I suppose the same course would have to be pursued a&' at the annual meeting. The moderator would have to decide all questions, subject to the right of appeal. — Wilson, p. 366. The directions to contract for the erection or lease of a school house must come from a district meeting, and in the powers conferred upon that meeting there is no limitation as to the amount which shall be expended for the purposes designated, the only limitation being as to the amount of tax which may be levied in any one year, namely, six hundred dollars. — Robbins vs. School District No. 1, Anoka County, 10 Minn., p. 268. The legal votersi at the annual or at a special meeting have no power to select, a teacher, or to determine what salary shall be paid. These are questions for the district board, which "gets its authority, not from the voters, but from the law." District officers must be elected by ballot.— Wilson, p. 352. Voters may at a lawful meeting rescind vote of former meeting as to selecting site and raising money to build a school house. — Wilson, p. 366. The proceedings of a school meeting presided over by a moderator not elected in due form are valid if no objection be made at the time. — Hahn, p. 477. "If funds' are not in hand, cannot the electors authorize the board to borrow funds for the purchase of a school house site?" No authority is given to school districts to borrow money save in the manner provided by- law. — When, however, the district has incurred an indebtedness for a pur- pose authorized by law, and the payment of such indebtedness is postponed to a future day, the district, in consideration of the forbearance, may con- tract to pay interest thereon, and for that purpose may execute and de- liver promissory notes. — Wilson, p. 316. It appears that the trustees built the school house well to the northern boundary of the district, and in so doing ignored the vote of the district in fixing the site. In this they clearly exceeded their authority, and the dis- trict would not be bound by their action, and could not be compelled to pay for the house. — Wilson, p. 297. "In 1882 the district voted to accept two school house sites, and did not build on them, and now have accepted two others. Is it necessary to rescind the acceptance of the first before accepting the latter." Answer: It is not necessary to . rescind such action before accepting the latter. — Clapp, April 13, 1888. The district meeting may ratify a contract by the trustees for more than five months' school, and levy a tax for the payment of teachers so em- ployed.— Cole, p. 102. A majority of the legal voters at a regularly called meeting may change the school house site to a point at least one-fourth of a mile nearer the center of the district. — Hahn, p. 510. If a district votes to have school for a longer time than that required by law, it must also vote adequate means to support it. The trustees have no power to levy a tax to meet the increased expense. — Cornell, p. 256. The annual school district meeting, if held without the statutory notice, cannot vote money for the building or purchasing of a school house, or fix the site thereof, but may transact all other lawful business. — Wilson, p. 324. Notices are not essential to the legality of an annual school meeting, but when money is to be raised to build or buy a school house or fix the 16 POWERS OF ANNUAL. MEETING. site thereof, written notices setting forth that such money is proposed to be raised or /i site established must be posted as prescribeu in the law. — Cole, p. 74. A person who Is a resident of a district and legally qualified to vote at a town meeting or general election, is a legal voter of such district, and hence eligible to hold the ofHce of trustee therein. Under our constitution, a residence for the purpose of voting is not lost by reason of absence while a student in any seminary of learning. — Cornell, p. 257. The minor children of any parent duly naturalized, and who at the time of such naturalization oi the parent, reside within the United States, be- come citizens and entitled to all the privileges of citizens immediately on their arriving at the age of twenty-one years. — Clapp, >ipril 13, 1887. "Is it competent for a school meeting to vote a term of schooQ other than the precise term mentioned in the notice?" In my judgment it is com- petent for a district, at a meeting called upon such notice, to vote any length of term allowed by law. While it is true that the notice -is to the effect that a vote will be taken as to whether they will have seven months' school or not, it must be borne in mind that the object of the meeting, as gathered from the notice itself, is to fix the length of the term, and; it coming within the purview of the call, there is' no question about the right of the district to take such action. If the notice for the meeting stated the object so precisely that no opportunity of choice and no variation of mode should be left to the meeting, it would give those whose duty it is to call the meeting a check upon the free exercise of the right vested in the resi- dents of the district.— Clapp, Sept. 13, 1887. After a tax for school district purposes has been extended upon the tax duplicate and partly paid, it is too late to raise the question as. to its legality before this oflfice. It must be treated as regular and valid until an adverse judicial determination. — Cole, pp. 260, 291. The electors of a common school district have no power to raise or ap- propriate its funds' for purpose of private tuition of the district's children in attendance at school of a neighboring district. — Douglas, April 25, 1899. Change of School Site. — In common school districts the site can be changed from a position in the center of the district to another position in the district, but only by a two-thirds vote of the electors present at a meeting, which vote must constitute at least a majority of all the district electors. — Douglas, March 30, 1900. The powers of a school district are the same at a special as at an an- nual meeting. — Sanborn vs. School District No. 10, 12 Minn. 17 (Gil. 1). A school district may, at a district meeting, make a promise that will take a debt out of the operation of the statute of limitations'. — Id. Neither the state superintendent nor the State Board of Health has authority to make recommendations as to school house sites or the I'emoval or change of location of school houses. — Donahower, p. 135. Under Sec. 3677, Gen. Stat, of 1894, now embodied in Sec. 1308, R. L., a school house site more than half a mile from the center of the district may be changed to a point nearer the center by a majority of the vote cast; but in case the site is within that distance from the center, the proposition to change it must receive a majority of the legal voters In the district, and two-thirds of the votes cast. — Donahower, p. 134. A person who la a candidate for re-election at a school meeting, may act In an official capacity at such meeting. — Young, p. 204. When a district at its annual meeting has voted to keep eight months' school and provided the funds, it may afterward at a special meeting legally called under Sec. 1306, R. L., change the length of the school term.— Young, p. 192. In an independent district the board may be authorized to purchase a site or change it, by a majority vote. — Young, p. 182. POWERS OF ANNUAL. MEETING. lY A school site upon which there is no s'chool house completed or begun, may be changed by a majority vote of the legal voters present and voting at a legal meeting; but if a school house stands or is begun to be erected on such site, it requires a majority of the legal voters who have resided in the district at leas.t six months prior to such vote and two- thirds of the voters present and voting to change the site, construing Section 1308, R. L. —Young, April, 1907. The right of a teacher to vote at the place where she is teaching de- pends entirely upon whether or not she is a resident o'f that place; and resi- dence is largely a matter of intention. If she is a resident, that is', intends to make it her permanent home, she is entitled to vote, otherwise not. — Young, May, 1907. A majority of the legal voters present and voting at a valid meeting, is sufficient to authorize the issue of bonds for the erection of a school building; but if the meeting is' called to vote upon the question of a new school house site, there must be a vote of the majority of the legal voters who have resided in the district not less than six months prior to the vote, and of two-thirds of the voters present and voting. — Young, May, 1907. While the question of a new site and of raising money for a school house may be voted upon in one ballot, it is better practice to vote upon them separately.^Young, May, 1907. 11. Additional powers of meetings in common scliool districts — In addition to the foregoing powers, any common school district at its annual meeting, or at a special meeting when proper notice has been given, may vote a sufficient fund for maintenance of its schools and for all other proper purposes, appoint a librarian, and make rules for the use and management of the library, and direct the school board to make designated improvements to school property, and to provide free text-books for the schools. (1309) Where at a meeting it was voted to have school kept for a specified time, and sufficient funds provided, the trustees are liable to a penalty by neglecting, without excuse, to provide the school for the specified time. — 17 M. 227. A common school district has no authority ta loan money raised by taxes for the carrying on of its schools. — Young, p. 191. 11 A. Special school meetings^Upon the written request of five freeholders and voters of a district, specifying the business to be acted upon, the clerk shall call a special meeting of such district upon ten days' posted notice and one week's published notice, if there be a newspaper printed in such district, and shall specify in such no- tice the business named in such request, and the time and place of meeting. If there be no clerk in the district, or if he fails for three days after receiving such request to give notice of such meeting, it may be called by like notice signed by five freeholders and voters of the district. No business except that named in the notice shall be transacted at such meeting. (1306) The powers of a school district are the same at a special as at an annual meeting.— 12 M. 17 (Gil. 1). When two requests' or petitions for meetings to consider different mat- ters, are filed, it is immaterial which meeting is first called; though the natural and orderly course is to call the meetings in the order in which requests were filed. — Young, Ma.y, 1907. 18 POWERS OF ANNUAL MEETING. Wlien a petitioji is filed witli the cleric for a special meeting, it is' his duty to call such meeting by posted and published notices; and if he fail to do so, such meeting may be called by like notices signed by five free- holders of the district. It is neither necessary nor proper that the board act upon sMch petition or request.- — Young, May, 1907. The statute does not designate who is to preside at a special meeting; hence a moderator selected to preside is the proper person to preside, the same as at an annual meeting; and he is the proper judge of the qualifica- tions of voters and to have charge of the polling of the vote; but it is prob- a)ile that an appeal from his rulings will lie the same as in the case of similar officers. — Young, May, 1907. CHAPTER III. SCHOOL BOARDS; VOTERS; QUORUM. 12. Board of common district — The school board of each com- mon school district shall consist of a chairman, a treasurer and a clerk, whose term of office shall be three years each, and until their successors qualify, and one of whom shall be elected annually. At the first meeting of the district the chairman shall be elected to hold until August 1, following the next annual meeting, the treasurer for one year from such date, an(J the clerk for two years. (1312-1313) 13. Board of independent district — The school board of each in- dependent school district shall consist of six directors. At the first meeting of the district, six directors shall be elected, two to hoM until August 1 following the next annual meeting, and two to hold until the expiration of one year, and two to hold until the expiration of two years from said August 1; the time which each director shall hold being designated on the ballot. Within tpn davs ,i(ter (he election of the first school board and annually thereafter on the first Saturday in August, or as soon there- after as practicable, the board shall meet and organize by choosing a chairman, clerk and treasurer, who shall hold their offices for one year and until their successors are elected and qualified. They may also elect a superintendent, who shall hold office during the pleasure of the board. He shall be ex-officio a member of the board, but not entitled to vote therein. (1314-1315) Where, at a meeting of a school board in an independent district, for the purpose of electing a superintendent, the vote results in three votes being cast in favor of a candidate, one vote against him, and two mem- bers of the board' not voting, the candidate receiving the three votes is elected. — Simpson, March 16. 1909. It is not the duty of the superintendent of schools, under the law, to take action by swearing out a complaint, against school officers doing acts in violation of the duties of their respective offices', though, as a general proposition, it is incumbent upon all good citizens to bring to attention of the prosecuting officer of their county any known violations of law, and this rule applies, of course, with equal force, to the county superintendent of schools. — Simpson, Feb. 24, 1909. There being no provision of law requiring that a written ballot shall be taken by a board of education, on the question of electing a superin- tendent, an "Aye" and "Nay" vote would be sufficient. — Simpson, March 17, 1909. The proceedings at a meeting of the board of an independent district, at which the superintendent is not present by reason of failure to give him notice, are valid. — Douglas, p. 129. A person selected to act as' chairman or "acting president" of the board of an independent district, in the absence of the president, cannot countersign orders or warrants. — Young, p. 191. The officers of boards in independent districts must be chosen from the members of the board. 14. iVlembers of board, when and liow elected — The officers of the board in common districts, and the directors in independent districts must be elected by ballot by the electors of the districts at the annual 20 SCHOOL. BOARDS. school meetings, which meetings shall be held on the third Saturday of July, at 7 o'clock p. m., unless a different hour has been fixed at the preceding annual meeting, upon ten days' posted notice given by the clerk and specifying the matters to come before such meeting. (1305) The time and place of an annual meeting need not be designated at the last preceding annual meeting. 12 M. 17. (Gil. 1) The term "posted notice" shall mean the posting at the beginning of the prescribed period of notice, of a copy of iiie notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the district to which the subject-matter of the notice relates, or in which the thing of which notice is given is to occur or be performed. (Sub. 14, Sec. 5514, R. L. 1905.) The election mus,t be by ballot. "An election, therefore, of school dis- trict officers by viva voce vote would be irregular and invalid. A person elected in this way to office would have no title that he could assert against a regular incumbent of the office holding after the expiration of his term. And yet a person elected by a viva voce vote, having qualified and assumed the duties of the office to which he was elected, would be an officer de facto, and his acts as to third persons would be valid. — Wilson, p. 352. A notice of meeting over the signature of five or more freeholders, qualified electors of the district, but which fails to recite on its face that the signers were such freeholders, is not void for want of such recital. — 45 M. 88. 15. Voters — To be entitled to vote or hold office in a school dis- trict, a person must be a citizen, twenty-one years of age, have re- sided in the state six months, and in the election district thirty days next preceding the election. 16. Women — Women may vote for school officers and members of library boards, and shall be eligible to hold any office pertaining to the management of schools or libraries. Any woman of the age of twenty-one years and upward and possessing the qualifications re- quisite to a male voter, may vote at any election held for the purpose of chosing any officers of schools or any members of library boards, or upon any measure relating to schools or libraries, and shall be eligible to hold any office pertaining to the management of schools and libraries. (Art. 7, Sec. 8, State Constitution.) The office of the codnty superintendent of schools is an "office pertaining solely to the management of schools." within the meaning of Art. 7, § 8, of the state constitution. Section 8, referred to, takes the matter of allowing women to vote for, or hold school offices, out from under the provisions of the preceding sectio(ns of Art. 7, and leaves it entirely within the con- trol of the legislature, subject only to the restrictions contained in §8 itself. Under this section the legislature has authority to make women eligible to a school office without giving them the right to vote at an election of such officer.— State vs. Gorton, 33 Minn. 345, 23 N. W. Rep. 529. Under this section women are eligible to the office of county superintendent of schools. —Id. A woman who is entitled to vote, and is a freeholder, can sign petitions and remonstrances respecting the formation and alteration of school dis- tricts.— Clapp, Aug. 28, 1888. A foreign born woman becomes, under the laws of the United States, a citizen when she marries a citizen, and, if married, then when her hus- SCHOOL, BOARDS. 21 band becomes a citizen; and if married to a citizen, she may, if she possesses the other necessary qualifications, vote without taking out any naturaliza- tion papers; but to entitle her to the rights of citizenship, her husband, if foreign horn, must have taken out his full citizenship papers, that is, his second papers, so called. — Clapp, April 13, 1887. Women may vote upon the question of fixing the site for a school house. — Childs', Feb. 21, 1895. Women may vote upon the question of the issuance of bonds for the purpose of erecting school buildings. — Childs, Feb. 21, 1895. Women twenty-one years of age and otherwise eligible are entitled to vote at school meetings on question of issuance of district bonds. — ^Douglas, April 4, 1899. There is no property, qualification required to entitle a person otherwise qualified to vote at an annual school meeting upon the question of raising money for improvements in the district. The same general qualifications maintain as' for general elections. — Simpson, Aug. 3, 1909. 17. Quorum of electors, and vote necessary to elect — Prior to the adoption of Revised Laws 1905, the legal voters of school districts, not less than five being present, had power, by a majority vote of those present, to elect school officers, but the provisions as to the number of voters required to be present and the number of votes necessary to elect, were eliminated from the statute, and Revised Laws 1905 (1308) provide that: The annual meeting shall have power * * * 3 — To elect by ballot officers of the district. It would seem, therefore, that in the absence of an express statu- tory definition, by no longer requiring five, the legislature intended to provide that at least three legal voters of the district present at the annual meeting, should constitute a quorum, and could elect the district officers. And the Attorney General holds that: In the absence of a statute expressly requiring a majority of votes cast necessary to elect a candidate, the candidate receiving a plurality will be elected.— Young, 127, July 24, 1906. 18. Polls open one hour — The statute provides that at all school meetings the polls shall be held open at least one hour. (1305.) An election of school officers is not necessarily invalidated on account of the polls being kept open less' than the time named in the statute, unless it is made plainly to appear that such numbers of voters' were thus deprived of the right to vote as would have changed the resuii. — Childs, Aug. 13, 1895. When the polls at a school meeting have been held open for one hour and the ballots counted, they cannot thereafter b6 opened and another ballot taken, even when there has been no choice. At the election of school officers', a plurality of votes only is necessary to a choice, and not a majority of all the votes cast under Sec. 1308, R. L. — Young, July, 1906. A school meeting may be held open until the business is transacted, whether it be for an hour or more, under Sec. 1305. — Young, p. 185. CHAPTER IV. QUALIFYING FOR OFFICE. 19. Notice of election or appointment — It is the duty of the clerk, within three days after the school meeting, when school officials are olected, or within three days after the appointment of such officials by the school board, to notify them of their election or appointment. (1306.) 20. — Acceptance of office — All persons elected or appointed dis- trict officers shall, within ten days after notice of such election or ap- pointment, file with the clerk or secretary of the district his accept- ance of the office and his official oath, or be deemed to have refused to serve, but such filing may be made at any time before action to fill the vacancy has been taken. (1318.) A person elected clerk must file his, written acceptance within ten days after election and notice thereof; but he need not take and file his oath within such time; it is' sufficient if he takes it within a reasonable time when no action has been taken to fill the office. — 83 M. 194. 21. Oaths, where filed — Except as otherwise provided by law, the oath required to be taken and subscribed by any person shall be filed as follows: :{: 4: 4: ^ ^ ^ si: 5. If of a school district officer, with the clerk of the district. ******* Provided, that if the person taking such oath be also required to give bond, the oath shall be attached to or indorsed upon such bond and filed therewith, in lieu of other filing. (2683.) 22. Bond of treasurer — Amount — Approval — New bond — Every school district treasurer shall give bond to the state in a sum equal to twice the amount of money that will probably come into his hands during any one year of his term, to be approved by the board and filed with the clerk, conditioned for the faithful discharge of his official duties. The chairman and clerk may at any time require such treas- urer to give a new bond, and, upon his failure to give bond as required by this section, they may declare the office vacant, and appoint a suc- cessor; provided, however, that if the said bond so furnished by the treasurer be that of a surety company, authorized to do business in the State of Minnesota, then the amount of such bond shall be equal to the amount of money that will probably come into his hands during any one year of his term. (1328 as amended by Chap. 95, 1907.) QUALIFYING FOR OFFICE. 23 The. act of the director and clerk of a district in approving the treasur- er s bond is one requiring the exercise of judgment and discretion, and is tlierefore a judicial act. — 72 M. 37. The statute requiring the treasurer's bond to be in double the amount of money that shall come into his, hands, means the aggregate amount that will come into his hands, and not the probable amount that will be in his hands at any one time. — 72 M. 37. A bond purporting to be the obligation of one as principal and others as sureties, but which has been executed only by the sureties, does' not, upon its face, show any obligation on the part of the sureties. — School Dis- trict No. 80 vs. Lapping, 100 M. 139. CHAPTER V. DUTIES OF OFFICERS. 23. Duties of clerk — The clerk shall keep in books provided for that purpose a record of all meetings of the district and the board. He shall, within three days after the meeting, notify all persons elected upon any school board or as officers of any district of their election, and, on or before August 10 in each year, make and transmit to the county superintendent a certified report, showing: 1. The condition and value of school property. 2. The receipts and disbursements in detail, and such other finan- cial matters as may be called for by the state superintendent. 3. The annual arrangement of terms of school, and the grading, if any, thereof. 4. The names and postoffice addresses of all trustees and other officers. 5. Such other items of information as may be called for by the state superintendent. He shall enter in his record book copies of all his reports and of the teachers' term reports, as they appear in the registers, and of the proceedings of any meeting as furnished him by the clerk pro tem., and shall keep an itemized account of all the expenses of the district; and in cojnmon districts he shall report to the county super- intendent the time of commencement of each term at least two weeks in advance. He shall furnish to the county auditor or auditors of the proper county or counties, on or before October 10 of each year, an attested copy of his record, showing the amount of money voted by the district or the board for school purposes; shall draw and sign all orders upon the treasurer for the payment of money for bills allowed by the board for salaries of officers or for teachers' wages, to be countersigned by the chairman. Such orders shall state the consideration, payee, and fund, and the clerk shall take a receipt therefor. Teachers' wages shall have preference in the order in which they become due, and no money applicable for teachers' wages from the current fund shall be used for any other purpose, nor shall teachers' wages be paid from any fund except that raised or appor- tioned for that purpose. (1326.) The issuance of an order by the clerk of a district to pay the wages' of a teacher known by him not to have been licensed to teach, Is an un- lawful diversion of the funds of the district, and subjects him to the penalty provided by law.— 31 M. 338. There Is no provision of law requiring the giving of a bond by the clerk of a common school district. — Simpson, May 19, 1909. DUTIES OF OFFICERS. 25 24. Duties of treasurer — The treasurer shall receive and be re- sponsible for all moneys of the district, and shall disburse the same on orders signed by the clerk and countersigned by the chairman, or other vouchers authorized by law. Each order shall state the fund on which it is drawn, the name of the payee, and the nature of the claim for which such order is issued. He shall keep an account of each fund, and of all receipts and disbursements, showing the source of such receipts and nature and purpose of such disbursements, and within three days preceding the annual meeting shall file with the clerk a detailed financial statement of the district, showing all receipts and disbursements, and the nature of the same, the moneys on hand and the purposes to which the same are applicable, the credits of the dis- trict, and its outstanding liabilities, and the nature thereof. Such report, together with his vouchers, shall be examined by the board, and, if found correct, approved by resolution, entered in the records. If incomplete, or inaccurate, a further or amended report may be re- quired by the board. Such report, when complete, shall be laid before the annual meeting, to be in like manner approved. He shall make such further reports as may from time to time be called for by the board, and shall perform all duties usually incumbent on such oflBcer. Every order drawn for the payment of teachers' wages, and for any other lawful purpose, after having been presented to the treasurer for payment, and not paid for want of funds, shall be endorsed by the treasurer by putting on the back thereof the words, "Not paid lor want of funds," giving the date of indorsemenx and signed by the treasurer. A record of such presentment, non-payment and indorse- ment, shall be made by the treasurer. Every such order shall bear interest at the rate of 6 per cent per annum from the date of present- ment, until the treasurer serves a written notice upon the payee or his assignee, personally, or by mail, that he is prepared to pay such order; such notice may be directed to the payee or his assignee at the address given in writing by such payee or assignee to such treasurer, at any time prior to the service of such notice; no order shall draw any interest if such address is not given when the same is unknown to the treasurer. (1327 as amended by Chap. 445, Sec. 2, 1907.) When the treasurer has lost district funds by burglary, without his own fault, he and his bondsmen are liable for the loss; and a vote of the dis- trict to discharge him from the obligation is of no effect. — 44 M. 427. The treasurer of a district is not required to allow certificates of deposits to remain on deposit in the bank which isstied them; but he may convert them into money if he desires. — 98 M. 535. The treasurer who mingles school funds with his own, but who Is able and willing at all times to pay all legal orders of the district, and accounts for all money received during his term at the end of his; term, Isi not liable after such accounting and after the end of his term. — 98 M. 535. The practice of county treasurers redeeming district orders out of dis- trict funds on hand. Instead of paying those funds over to the dIstrSctt treasurer, is reprehensible as liable to abuse, and ought to be discontinued. "Has the treasurer authority to recognize by payment an order signed by the clerk only?" It will be observed that It is only when attested by 26 DUTIES OF OFFICERS. the director that the treasurer is authorized to pay. Paragraph 93 (Sec. 71) provides for the payment of orders signed by the director alone in case of the absence, inability or refusal of the clerk to draw orders. — Hahn, p. 509. The law implies that the books and moneys shall be turned over to the newly elected treasurer at once, when he shall have qualified, and refusal on the part of the old incumbent to thus comply with the law would sub- ject him to prosecution. It is embezzlement for a school district treasurer to refuse to account to his successor in office and withhold from him the moneys of the district. ^Childs, June 7, 1893. A person who executes any of the functions' of a public office without having executed and duly filed the required security is guilty of a mis- demeanor, and in addition to the punishment prescribed therefor, he for- feits his right to the office. — Penal Code. A failure on the part of a treasurer-eleot to execute a bond within the required time makes it the duty of the director and clerk to appoint another treasurer. — Childs', July 8, 1892. There is no provision of law for a deputy district treasurer. Removal of the treasurer from the district creates a vacancy in the office whidh should be filled by appointment. — Donahower, p. 137. Under Sec. 1327, R. L., the treasurer of a district is legally and morally responsible for all money of the district in his hands. He should not in- termingle such money with his own. If he deposits such money in a bank which pays interest thereon, the interest belongs to the district. He cannot speculate or make profit out of such funds'. — Young, p. 386. Under Sec. 1327, R. L., the treasurer of a district is authorized to pay out money only upon orders signed by the clerk and countersigned by the chairman; and if he wilfully violates this provision, he may be punished under Sec. 4796, R. L., or called to an accounting in a civil action. — Young, p. 203. Under Sec. 1327, R. L,, the treasurer must submit a detailed statement of the finances of the district to the board three days before the annual meeting; and such statement should be examined by the board and, when complete, should be laid before the annual meeting for approval. If the board is not satisfied with such statement, or has' reason to believe it is not correct, it may bring suit upon the bond of the treasurer and try the whole matter in court. — Young, p. 387. The law does not provide that school orders presented to the district treasurer, and indorsed "Not paid for want of funds," shall be paid by the treasurer in the order in which they have been refused, when there atr*e available funds in the treasury for the payment of such orders, but it is suggested that that course of procedure should be fofiowed, and the orders redeemed in the order in which they have been presented and refused, unless there is some good reason for contrary action. — Simpson, May 19, 1909. 25. Duties of chairman — The chairman, when present, shall pre- side at all meetings of the board and of the district, except when a moderator has been chosen; shall countersign all orders upon the treasurer for claims allowed by the board; shall represent the district in all actions; and shall perform all the duties usually incumbent on such officer. In case of absence, inability or refusal of the clerk to draw or- ders for the payment of money authorized by a vote of the majority of the board to be paid, the orders may be drawn by the chairman, and paid by the treasurer, a statement thereof, with a copy of such orders, being delivered to the clerk by the treasurer, or the office of the clerk may be declared vacant by the chairman and treasurer, and filled by appointment. (1330 as amended by Chap. 445, Sec. 3, 1907.) DUTIES OF OFFICERS. 27 26. Duties of superintendent — The superintendent in independent or special districts shall visit the schools of the district, and exercise a general supervision over them, and report their condition to the board, with proper recommendations, when he deems it advisable, or when requested by the board. He shall superintend the grading of the schools and examinations for promotion, and shall perform such other duties as the board shall prescribe. He shall make, either di- rectly to the state superintendent, or through the county superintend- ent, such reports as shall be required. (1331.) CHAPTER VI. COMPENSATION OF SCHOOL OFFICERS. 27. Compensation of clerks of common districts — The clerk of each common district shall be paid at the rate of two per cent of the cash disbursements for the year, upon making his annual report to the superintendent as required by law accurately and in proper time; but such compensation shall not exceed six dollars in any one year, unless a greater compensation has been voted at a meeting of the dis- trict upon a notice stating that action would be had at such meeting respecting such increase of compensation. Such payment shall be made by the treasurer upon a certificate of the superintendent that such clerk is entitled thereto. (1332.) 28. Compensation of treasurer — common districts — The treasurer of such district may receive as compensation such an amount as may be determined at the regular school meeting of the district not ex- ceeding 2 per cent of amounts disbursed by him during the year and to be allowed only after his annual report shall have been approved by the board. (1333.) Under Sec. 1313, R. L., the compensation of the treasurer is limited to the sum voted him by the district, not exceeding two per cent of the amounts disbursed by him during his term of office. He is not entitled to percentage on sums disbursed by his predecessor. — Young, p. 887. Under Sec. 1332 and 1333, R. L., a clerk of a common district is entitled to no more than $6 per year compensation, unless more is voted him at a meeting of the district, held upon notice stating that action will be taken at such meeting on such increas^e of compensation. The treasurer is' entitled to two per cent on the amounts disbursed by him, but only after approval of his annual account by the board. A director is not entitled to compensa- tion.— Young, p. 202. 29. Same — Independent districts — Other pay prohibited — The clerk, treasurer, and superintendent of independent districts shall re- ceive such compensation as may be fixed by the board. No officer or member of any school board shall receive pay as such, except as provided in this chapter. (1334.) There is no law authorizing the payment to a director (now chairman) of a school district, of any salary as' such, and it Is not competent for the electors at the annual meeting, or at any other time, to vote and provide for paying such a salary. The clerk is not warranted in drawing an order for the same, nor is the treasurer justified In paying such an order from the school district funds. Any money so paid to a chairman may be recovered by proper proceedings on behalf of the district. — Simpson, April 13, 1909. For attending a meeting of school district officers called by the super- intendent of schools, a school district officer will not be entitled to com- pensation to exceed the one day provided for by law, together with his travel allowance of five cents a mile, and cannot collect for the time re- quired In traveling from his home to the place of meeting, and return. — Simpson, May 29, 1909. CHAPTER VII. QUORUM IN SCHOOL BOARDS. 30. Quorum — A majority of the school board shall constitute a quorum, but no contract shall be made or authorized except at a meet- ing of the board of which all members have had legal notice. (1319.) Contracts, to be binding on the district, must be made or ratified by at least a majority of the board after notice and an opportunity to all the trustees to take part in the matter. — 35 M. 163. To bind the district, a contract for supplies by two trustees must be authorized or ratified at a meeting of the trustees; but if such isupplie|s are received and used by the district for such a length of time as to raise the presumption that it was with the common consent of the district, it will be bound to pay for them.^37 M. 96. When two of the trustees employ one to perform work for the district, and such action is ratified by the full board, such employe may recover of the district, notwithstanding the work was for a new school house whe^n no site had been lawfully selected by the voters, and the trustees' were not authorized to build the school house. This is based upon the law that trustees who act within the scope of their authority, bind the district; and the burden of proving excess of power is' upon the district. — 93 M. 409. Director or trustee may not be a party to a contract with the district. Currie vs. School District, 36 Minn. 163, 27 N. W. Rep. 922. In order to bind the district, contracts must be made or ratified by at least a majority of the board, after notice and opportunity to all of the trus'tees to participate in the transaction.— Id. When one member of boara refuses to assent to contract by majority, he may be compelled to by law. — Cornell, p. 260. There is no authority on the part of the individual members of a board to make a contract for the purchase of books in any other manner than when convened as a board. — Childs, Sept. 1, 1893. When a part of the members present refuse to vote at all, a vote may be legally decided by a majority of those actually voting, though they do not constitute a majority of the whole number present. This rule rests upon the principle that members present and not voting will be deemed to assent to the action of those who did vote. — Simpson, March 17, 1909 CHAPTER VIII. SCHOOL BOARDS— THEIR POWERS AND DUTIES. 31. Powers and duties of school board— Tbe school board shall have the general charge of the business of the district, and of the schoolhouses and the interests of the schools thereof, and shall: 1. When authorized by the voters at a regular meeting, or a special meeting called for that purpose, may acquire necessary sites for school houses by lease, purchase or condemnation under the right of eminent domain; erect, lease or purchase necessary schoolhouses or additions thereto; and sell or exchange such schoolhouses or sites, and execute deeds of conveyance thereof. In any city or village such site, when practicable, shall contain at least one block, and, if out- side of any city or village, two acres; and, when any schcolhouse site shall contain less than such amount, the board shall, if prac- ticable, acquire other land adjacent to or near such site to make, with such site, such amount. 2. Purchase, sell, and exchange school apparatus, furniture, stoves, and other appendages for schoolhouses. 3. Provide proper outhouses for the schools, plant shade trees and shrubbery, and otherwise improve "school sites, procure insurance on school property, and make proper ordinary repairs thereon. 4. When necessary, lease rooms for school purposes. 5. Employ and contract with necessary, qualified teachers, and discharge the same for cause. 6. Provide for the heating and care of schoolhouses and rooms. 7. Provide for the payment of all just claims against the district in cases provided by law. 8. When directed by a vote of the district, or when the board deems it advisable, adopt, contract for, and purchase text-books need- ful for the schools of the district, and provide for the free use of such books by the pupils of such schools, or their sale to them at cost; but no such adoption or contract shall be for less than three or more than five years, during which time such books adopted shall not be changed. 9. Defray the necessary expenses of the board, including three dollars per day for attending one meeting of the school boards of the county in each year, when called by the county superintendent, and five cents per mile in going to and returning from such meeting, and pay for such record books, stationery^ and other incidental matters as may be proper. 10. Superintend and manage the schools of the district, adopt, modify, or repeal rules for their organization, government, and in- SCHOOL BOARDS— THEIR POWERS AND DUTIES. 31 struction, and for the keeping of registers, prescribe text-books and courses of study, and visit each school at least once in three months. 11. In all proper cases, prosecute and defend actions by or against the district. (1320.) Where a note for a dis.trict debt is signed by the trustees without official designation, and the purpose of it is equally known to the payee, the trustees are not personally liable; but if it be doubtful from an inspec- tion of the note itself whether the trustees intended to assume personal liability, the intention may be shown by other evidence. — 4 M. 126 (Gil. 83). A promissory note given by trustees', to be a valid note of the dis- trict, must be given for a debt the trustees had authority to contract. — 5 M. 280 (Gil. 221). A promisSiOry note given by trustees must show upon its face that it is the note of the district; otherwise it is the note of the trustees. 6 M. 578 (Gil. 412). A promissory note, signed individually by the trustees makes the trustees prima facie personally liable; and the burden is upon them to show it is a valid note of the district.— 13 M. 106 (Gil. 96). The district, and not the trustees, is liable on a promissory note made by the trustees as such for a debt of the district. — 14 M. 214 (Gil. 153). Where, at a meeting, it is voted to have school kept for a specified time, and sufficient funds are provided, the trustees are liable to a penalty for neglecting, without excuse, to provide the school for such time; and the action to enforce the penalty may be brought by a director or a free- holder in his' own name. — 31 M. 227. A trustee cannot enter into a contract with the other trustees for serv- ices or supplies to the district for a compensation; and the fairness of such a transaction cannot be considered. — 35 M. 163. The school house of a district is not subject to a mechanic's lien. — 39 M. 298. A school district is not liable for money borrowed by its trustees to com- plete a school house, without authority, even though it receives the benefit; and no ratification can be inferred from its enjoyment of the improve- ment for it has had no opportunity to reject. — 54 M. 385. "V\'hen orders have been legally is'sued by the trustees, payable gen- erally and not out of a particular fund, the district is liable and must pro- vide funds to pay them. — 91 M. 41. When the trustees act within the apparent scope of their authority the burden of proving an excess of authority is upon the one alleging it. — 93 M. 409. The trustees have power, prior to the annual meeting, to employ a teacher for the ensuing year, and to bind the district for at lea.st five months and for such further time as shall be fixed by the voters, at such annual meeting. — 93 M. 411. Where there were sufficient funds on hand therefor, the board of trustees on their own motion caused a well to be dug and a pump placed over it for the use of the school.- Held, that the board had no authority to make expenditures' of public money for such a purpose until authorized by the voters of the district at a properly called meeting. — Childs, Aug. 24, 1893. A contract made by the board of trustees with one of their number is void. Where one attempts to act in a fiduciary capacity for another, the law will not allow him while so acting to deal with himself in his individual capacity. — Hahn, p. 486. The law provides that "the board of trustees shall have the general charge of the interests' of the schoolsi." If there are funds on hand not designated by vote of the district to any specific purpose, and not needed to meet matured or maturing claims of teachers, such funds may be used 32 SCHOOL BOARDS— THEIR POWERS AND DUTIES. by trustees to purchase any articles necessary, in tlieir judgment, lo tlie "interests of tlie scliool." — Wilson, p. 367. "When a school district votes' to build a school house, designates site and provides funds for the purpose, the trustees of the district are charged with the duty of executing the will of the district in the premises." — Start, p. 425. If the trustees have contracted for a school for more than five (5> months without special authority from the district, the legal voters at any special or general meeting may ratify such action, and levy a tax for the payment of teachers so employed. If they refuse to do this, the teacher would very likely be without remedy. Trustees of school districts are public agents, and when they in good faith contract with parties having full knowledge of the extent of their authority, or who have an equal means of knowledge with themselves, they do not become individually liable unless the intent to incur a personal liability is clearly expressed, although it should be found that through ignorance of the law they may have exceeded their authority. Any knowledge of a defect in their authority, accessible to them but not to the teacher, would probably fix a liability on them. — Cole, p. 102. "Have school district trustees power to hire money to build a school house?" I think not. Corporations, and especially quasi corporations, have only those powers specifically granted to them by statute, and such others as are necessary for carrying into execution those specifically conferred. By Sec. 52, School Laws, the trustees are authorized "to build, hire or purchase a school house, out of funds provided for that purpose." The law requires school to be taught in the district at least five months', and the trustees cannot safelj' ignore that provision, notwithstanding the action of the district. The district having neglected to vote the requisite tax, it is the imperative duty of the trustees to levy the same. — Clapp, Sept. 24, 1888. Trustees may employ more than one teacher if district has funds, not- withstanding an adverse resolution voted by the district. — Wilson, p. 354. It is the special business of the trustees to employ teachers. The voters of the district may, in their individual or collective capacity, advise the trustes as to their wishes, but cannot control their action. — ^Wilson, p. 354. "Is the employment of a teacher by the treasurer and clerk of a school district, without any notice to the director, and without any meeting be- ing held, legal?" I answer that it is not. — Hahn, p. 536. A contract made with a teacher who does not hold a certificate which is valid in the district where he is to be employed, is void, and a certificate cannot be dated back to cover services, rendered before it was granted. — Jenness vs. School District 31, Washington County, 12 Minn. 448. When a teacher is employed to teach for a specified time and the school is interrupted necessarily, but by no fault of the teacher, who is always ready to fulfill the contract, the teacher, after the expiration of the time, may maintain an action against the district for the entire amount of wages. If, however, the district can show that during the whole or a portion of the time the teacher was engaged in similar employment, or was offered such employment and refused it. the damage may be reduced. — Cole, p. 87. If in the opinion of the trustees the services of more than one teacher are. demanded by reason of the numbers in attendance at a district school, an additional teacher may be employed, the board keeping within the means provided by the district. — Wilson, p. 354. A contract made with a teacher before he has secured a certificate is void, and a subsequent issuance of a certificate will not make the same valid. This applies alike in common, independent and special districts. "Have school boards authority to engage teachers for the following year before the annual meeting?" It matters not whether it is before the an- nual meeting and the election of the new member or not. The trustees may, SCHOOL BOARDS— THEIR POWERS AND DUTIES. 33 either before or after the annual meeting and without express authority from the district, contract for the term required by law, and no more. — Hahn, p. 53S; Start, p. 436; Cornell, p. 159. If a teacher holds a valid certificate' at the time of making a contract which extends beyond the life of the certificate, such contract is good, and will remain so as long as the teacher is in possession of a valid certificate and until the contract expires by its own terms.— Clapp, Oct. 12, 1891. Teachers' cannot enforce verbal contracts which the law requires to be in writing. — Douglas, Jan. 4, 1901. The law establishes the school age between five and twenty-one years, subject to the authority granted the board of trustees to fix the minimum age at six years. — Douglas, Aug. 17, 1900. A school board has power to rent rooms for a schojol if the school building is inadequate; it also has power to repair the school hous.e, but has no right to so enlarge and repair it as to constitute a re-building or to make a new and larger one out of it. The building of a new school house must be voted on at a school meeting. — Donahower, p. 129. The geiieral control of schools is in the board; and if t^e superintendent and teachers establish rules oi discipline and school work to the disadvan- tage of the welfare of the school, the board has power to change them. — Douglas', p. 129. Member's of the board and teachers cannot, directly or indirectly, be financially ii.^erested in sales, leases or contracts relating to district prop- erty; and if they do become so interested, they are guilty of misdemeanor and may be prosecuted or restrained. — Donahower, p. 133. Members of a school board canot legally do work of repairs on a school house and draw pay therefor. — Young, June, 1907. A school board has no authority to sell a school building unless author- ized by the voters at a regular or special meeting called for the purpose; construing section 1320, R. L. — Young, Dec, 1906. School boards are not corporate bodies', but rather resemble directors of a corporation. The school district is the corporation. Contracts of Insur- ance of school property should run to the district. A member of the board cannot be interested individually, as agent or otherwise, in a contract of insurance on school property. — Young, p. 182. The school board of a common district in making contracts with teachers, can bind the district for only five months; and in case contracts are made for a longer period, they will be valid for five months and for such longer time as shall be ratified at a meeting of the district. — Yoi'ng, p. 179. School boards have no authority to employ teachers who do not hold certificates, and the district continue to draw state apportionment money. — Young, June, 1907. Money received from the state apportionment of funds, cannot be used by a district to build a school house; but money received from the one mill tax and any balance of money raised for a specific purposej, after s'uch purpose has been accomplished, may be usied for building a school house after the voters have so decided at an annual or special meeting. — Young, June, 1907. A member of a school board who renders services' and expends his own money in goad faith in looking after the building of a school house, has a valid claim for such services and advancement, provided the voters at the annual meeting voted to pay him; but probably he is not entitled to 2 per cent of the cost of the building. — Young, Oct., 1906. Under Sec. 1320, Sub'n 11, R. L., the board may prosecute an action against the treasurer when he refuses or fails to turn over to his successor in office any portion of the district funds in his hands. — Young, p. 385. A school board has no: authority to pay a director foi* services; and if it has paid for such services, any taxpayer may maintain an action for its recovery for the benefit of the district; if the money has not been paid, he 34 SCHOOL BOARDS— THEIR POWERS AND DUTIES. may maintain an action to restrain such payment; citing 77 M. 526; 88 M. 127.— Young, July, 1906. School boards are neither authorized nor justified in expending money for the services of an expert accountant to examine the bool\s of the dis- trict. — Young, May, 1906. The school board, after the district has voted an eight months' school, may contract with a teacher for eight months at any time prior to a change in the length of the term by a vote of the district. — Young, p. 193. There is no provisio« of law relating to roads to school sites' or build- ings. Such roads must be laid out as other roads under Sec. 1171 and 1181, R. L.— Young, July, 1906. Though on account of the low assessed valuation of the property in the township, there is not sufficient money to keep the schoiols in session for the length of time voted at the annual meeting, and though one school is greatly overcrowded, the schooil board cannot rent another room and hire another teacher, incur the necessary expenses, and issue orders in payment of same, when such orders cannot be paid during the current school year, without a vote of the people. — Yoiung, Oct. 27, 1908. A school board has power to adopt such reasonable rules and regula- tions as contribute to the moral, physical and intellectual welfare of the pu- pils attending school, and a rule to the effect that a pupil convicted of smok- ing on the streets or in public places might be expelled, by the board, from school, would be a reasonable rule and one which could be enforced by the board. — Simpson, Dec. 8, 1909. Rules and regulations, whether made by the board, or made by the teacher and afterward ratified by the board, must be reasonable, and the courts have held that a rule is reasonable under which a pupil may be sus- pended or expelled if he wilfully injures or destroys school property^, for this' would be a punishment for breach of discipline. But it is also heild that a rule which causes a pupil to stand suspended o(r expelled until he pays for the injury caused by him to school property, or until he pays a fine which may be assessed against him for such injury, is unreasonable and void, because in such a case he would be suspended or expelled, not because of the injury caused by him, but becaus.e he did noit pay the dam- ages or the fine. — Young, May 27, 1908. If, in the opinion, and according to the best judgment of the board, especially when such opinion and judgment are based upon experience and actual results, the board determines that the attendance by the pupils of the school at public dances interferes with the regular school work of those participating in the same, and is injurious to the best interests of the school in general, the board can, by adopting a rule, prohibit such attend- ance. But the rule adopted must be a reasonable one under all the circum- stances, and if suspended for violating such a rule, a pupil can have the court determine whether the rule is a reasonable one and such as' can be enforced, or is arbitrary, and therefore null and void. — Simpson, April 21, 1909. It is not the duty of a school board to build a barn upon or near the school premises, for the accommodation of the horses of the children living at a distance from the school, nor can the board be compelled to build such a structure.^ — Simpson, Oct. 6, 1909. Although the law does not expressly provide for the advertising for bids prior to letting a contract by the board for building a school house, such course is by all means advisable, and a two weeks' publication in an avail- able newspaper is suggested, to the end that due publicity may be given of the fact that the district is desirous of receiving bids for building (a school house, and that by s,uch action as favorable a price as possible may be secured. — Simpson, July 22, 1909. SCHOOL BOARDS— THEIR POWERS AND DUTIES. 35 32. Additional powers of board — The school board may also: (1) Provide for the admission to the schools of the district, of non-resident pupils, and those above school age, and fix the rates of tuition for such pupils. Provided, in case a person has real property in, and pays taxes thereon, in a common or an independent school district other than the one in which he resides, then such person shall be admitted to all the benefits of such other school, the same as the residents thereon, and if the ov/ner of less than 80 acres therein, he shall be admitted to all the benefits of said school the same as residents therein, upon conforming to such reasonable terms for tuition as the board of edu- cation of such school district may have established for non-residents, except that he shall be entitled to have the amount of school taxes which he pays to the support of said district applied in payment or said tuition fees. Provided, further, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act, to vote at any school district meeting of the school district within which he may receive such benefits or privileges, but of which he is not a member. (2) Establish and organize, alter and discontinue, such grades of schools as they may deem expedient. (3) Upon a petition of a majority of legal voters, authorize the use of any schoolhouse in the district for divine worship, Sunday schools, public meetings, elections and such other similar piirposes as, in their judgment will not interfere with its use for school pur- poses; but before permitting such use, the board may require the bond of some responsible party, in the penal sum of one hundred dollars, conditioned for the proper use of such school house, the payment of all rent, and the repair of all damage occasioned by such use, and they shall charge and collect for the use of the district from the per sons using such school house, such reasonable compensation as they may fix. (1321 as amended by Chap. 445, Sec. 1, 1907.) Divine Worship, Etc. — This statute was evidently intended to cover cases where the school house was actually rented to some person or society which had no connection with the school or its management. It was never intended to be used as a cloak or subterfuge to enable the school trustees to use the school house and the teacher employed therein with public school moneys to conduct religious worship in connection with such school. (4) Subject to such rules and regulations as they shall adopt; provide for the free transportation to and from school, at the expense of the districts, of all pupils residing more than one-half mile from the school house, for the whole or such part of the school year as they may deem expedient; and in school districts situated in more than one county shall provide such transportation during the months of October, November, December, January, February, March and April, for all pupils residing two miles or more from the school house, and who are not less than six years of age nor more than sixteen years of age; and shall require from every person employed for that pur- 36 SCHOOL BOARDS— THEIR POWERS AND DUTIES. pose a reasonable bond for the faithful discharge of his duties, as prescribed by the board." (Sec. 4, Chap. 445, 1907, as amended by Chap. 472, 1909.) (5) Make rules and regulations respecting the protection of the property of the district, and prescribe penalties for a breach thereof, to be recovered for the use of the district as penalties in other cases, before a justice of the peace, and change or repeal such rules. (1321, as amended by Chap. 445, Sec. 1. 1907.) The question of whether a person is an actual resident of a school district is one which depends upon the facts in the case. — 91 M. 268. The board has sole power to admit non-resident pupils to the school. NO'n-residents cannot attend without its permission, and it may withdraw such permission at any time. — Young, p. 196. Under Sec. 1321, R. L., the board has the sole power to fix the rate of tuition for non-resident pupils. It may take into consideration the relations of such non-residents to the district; and if such non-residents' pay taxes in the district, it may fix a lower or nominal rate of tuition in their cases. — Young, p. 200. The right of a child to free tuition depends upon the residence of such child without regard to the residence of its parents. If such child coimes into the. district for the mere purpose of attending school, the board may, in its discretion, charge tuition, or exclude him altogether. On the other hand, a child who actually resides in the district is entitled to s,chool privil- eges without charge. The question of actual residence is one to be deter- mined from all the facts in each case. — Young, p. 177. Under Sec. 1321, R. L., a parent or guardian may send his children to any school he pleases, either in the district of his residence, or in another, by complying with the regulations of the board of such other districts' as to tuition, etc. — Young, p. 201. The school board may charge non-resident pupils the cost price of books and supplies used by them. — Young, p. 196. The privilege, extended to the owner of land in a school district in which he does not reside, of having the amount of tax paid by him on his' land applied on the tuition of his children in case he wishes to send them to the school of such district, does not extend to the tenant or renter on such land. — Young, p. 207. Pupils attending school in a district of which they are not residents', registered as paying book-rent, shall not be counted for drawing apportion- ment, under Sec. 1321 and 1346, R. L.— Young, p. 185. The matter of attendance of non-resident pupils, is to be governed by the school board of the district where such pupils wish to attend, under Sec. 1321, R. L.— Young, p. 178. One owning more than eighty acres of land in a district of which he is not a resident, is entitled to send his children to school in such district without paying tuition; but if he owns less than eighty acres, he shO'Uld be admitted to all benefits of such district upon conforming to such reason- able tuition charges as the board has established for non-residents, and is entitled to have the school taxes he pays to support such district applied upon tuition. In either case he is not entitled to vote at the meetings of the district; construing chapter 445, Laws 1907. — Young, May, 1907. 33. Instruction of pupils in adjoining district — The school board of any district, if it deem it advisable, may provide for the instruction of pupils in an adjoining district or districts, and in such case shall discontinue the schools of the district and provide for free transporta- tion of the pupils of its district, shall furnish the teachers of the ad- SCHOOL BOARDS— THEIR POWERS AND DUTIES. 37 joining districts registers, and such teachers shall keep such registers separately for the pupils from such district discontinuing its schools, and shall return such registers and make reports to the clerk of such district and to the superintendent as if employed as teachers therein, and such district shall retain its organization and be entitled to pub- lic money as if school were continued therein. (1322.) 34. Additional powers of boards in independent districts — The school board of any independent district may also: 1. Establish and maintain public evening schools as a branch of the public schools, and such evening schools, vs^hen so maintained, shall afford a continuous session of not less than two hours on each school day, shall be available to all persons over ten years of age who from any cause are unable to attend the public day schools, and at- tendance at such evening schools shall entitle such district maintain- ing the same to its pro rata apportionment of state school funds for all pupils not over twenty-one years of age, the same as if such pupils attended the dav schools of such district. Except as herein provided, such evening schools shall be under the same regulations as day schools of like grade. 2. Establish and maintain one or more kindergartens for the instruction of children above four and under six years of age. 3. Receive, for the benefit of the district, bequests, donations, or gifts fior any proper purpose, and apply the same to the purpose designated. 4. Remove for proper cause any member or officer of the board and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place and object he has been duly notified, with the reasons of such pro- posed removal, and after an opportunity to be heard in his own de- fence. (1323) 35. Special duties of boards in common school districts — The school board of every common school district shall submit to the annual school meeting an estimate of the expenses of the district for the coming year for a five-months school, and for such further time as it may be decided by the meeting to hold school, and for such other specified purposes as the board may deem proper, and, if such meeting shall fail to vote a sufficient tax to maintain a school for such time, the board shall levy such tax; but no such school board shall expend any money or incur any liability for any purpose be- yond the sum appropriated by vote of the district for such purpose, or levied by the board pursuant to this section, or on hand and ap- plicable thereto. When the district has decided by vote at any legal meeting to open more than one school, the board shall provide for opening such school or schools, and assign to each a proper number of pupils. (1324) 36. Special duties of boards in independent districts — In addition to the duties hereinbefore imposed, the school board of each inde- pendent school district shall: 38 SCHOOL BOARDS— THEIR POWERS AND DUTIES. 1. Make, and, when deemed advisable, change or repeal, rules relating to the organization and management of such board and the duties of its officers. 2. Provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the district. (1325) In an independent district, the board, and not the electors, should deter- mine the length of schooJ to be held; under Sec. 1325. — Young, p. 181. 36 A Text-books — Lists and samples — Before any person shall enter into a contract with any school board to furnish text-books, he shall file with the state superintendent a list of his books, with, their lowest net price, and deposit with him a copy of each such book, in binding, paper, print, and matter such as he proposes to furnish at such prices. The state superintendent shall furnish a copy of all such lists and prices to the clerk of each district. (1427) 36B. Free text-books — Meeting — Notice — "V^Hienever five or more legal voters of any school district shall petition the school board to submit to such district the question of providing free text-books to pupils attending its schools, it. shall be the duty of such board to submit the same to the legal voters of such district. Such question may be submitted at a special meeting by giving 'ten days' notice thereof, or at any annual meeting. But in any case the notice of such meeting shall call attention to the fact that such question will be submitted, and in case a majority at such meeting shall vote in favor of such free text-books, it shall be the duty of the board to provide the same. (1428) Proposition to issue free text-books must be stated in notice calling annual or special school district meeting. — Douglas, Sept. 9, 1899. Boards of trustees may levy a tax to pay for free text-books if it is not voted by the people. — Childs, June 27, 1893. The board of an independent district has power to establish a system of free text-books without a voite of the district; but it may submit the question to a vote.^ — Douglas, p. 129. When the board has selected, adopted and contracted for books which cover a certain subject, such books must be used to the exclusion of others during the time for which they are adopted, but if other books' on the same subject are required, they may be contracted for, provided it is in accord with the prior action in force. The board has power to contract for books only with publishers who have complied with the law by filing schedules of lists and prices. — Douglas, p. 131. CHAPTER IK VACANCY. 37, Vacancies in Scliool Boards — How Filled — A vacancy in any school board or board of education elected by the people shall be filled by the board at any legal meeting thereof until such vacancy can be filled by election at the next annual meeting. Such appointment shall be evidenced by a resolution entered in the minutes. All elections to fill vacancies shall be for the unexpired term. (1.316) When a member of the board has removed from the district, his' office is vacant; and the vacancy thus occasioned may be failed by the remaining members of the board, and the person appointed will hold office until the next annual meeting, construing section 1316, R. L. — Young, Dec, 1906. In case of a tie vote at an annual school election for officers, a second ballot cannot be taken, but a vacancy exists in the office, which vacancy can be filled by appointment by the school board; but if the board shall fail for ten days to fill such vacancy, a special meeting will be called for that purpose, by ten days' posted notice, signed by three qualified voters, or freeholders of the district, and setting forth the object of the meeting. — Young, 59. 38. Special election to fill vacancy — It the board shall fail for len days to fill any vacancy, a special meeting m.ay be called for that purpose by ten days' posted notice, signed by three quallifled voters, freeholders or householders of the district, and setting forth the object of the meeting. Officers elected at such meeting shall hold for the unexpired term, but no such meoting shall be held within thirty days before the annual election. (1317) It is not mandatory that the board fill a vacancy within ten days; and they may fill it at a later time, but should not do sol after ten days' and after a meeting for the purpose of filling such vacancy has been called by three qualifled voters. The vacancy should be filled as provided in section 1316, R. L.— Young, May, 1907. Where, at an annual school meeting, there were two candidates for dis- trict clerk, and each received twenty-two votes, the ballot resulted in no election, thus causing a vacancy in the office of clerk, which could be filled by the board within ten days, and if not so filled, a special meeting co^uld be called for that purpose, by ten days' posted notice, signed by three qualified voters, freeholders or householders of the districts, and setting forth the object of the meeting. Sec. 1317, R. L,., 1905. — Simpson, July 21, 1909. CHAPTER X. ACTIONS. 39. Actions by districts — Any school board may prosecute actions in the name of the district in the following cases: 1. On a contract made with the district, or with the board in its official capacity; 2. To enforce a liability, or a duty enjoined by law, in its favor or in favor of the district; 3. To recover a penalty or forfeiture given by law to it or lo the district; or 4. To recover damages for an injury to the rights or property of the district. (1457) When a trustee renders himself liable to a penalty, though the cause of action for the penalty is in the district, the action may be brought by a director or a freeholder in his own name. — 31 M. 227. 40. Actions against districts — An action may be brought against any school district, either upon a contract made with the district or its board, in its official capacity, and within the scope of its authority, or for an injury to the rights of the plaintiff arising from some act or omission of such board, whether the members of the board making the contract, or guilty of the act or omission complained of, be still in office or not. (1458) Where a district has changed its name, an action against it should be brought by its new. name. — 7 M. 203 (Gil. 145). A judgment entered against a s.chool district by collusion between the plaintiff and one of the trustees, may be set aside, on a proper application, and a defense on the merits interposed. — 45 M. 88. Where the trustees knowingly neglected to defend in an action against the district, allowing judgment to go by default, the court may, in its dis- cretion, open such judgment, upon application made immediately after change of trustees. — 89 M. 477. A complaint on an order of a district which failed to allege the con- sideration for the order, or that there were funds applicable to its payment, held good as against objections raised for the first time at the trial. — 91 M. 41. 41. Action wiien trustees resign, etc. — In case the trustees of any school district which has contracted an indebtedness shall re- move or resign, and none are elected or appointed in their stead, an action to recover such indebtedness may be begun by service of the summons upon the county auditor, and any taxpayer of the district may defend such action in its behalf, or the auditor may be required " by the voters of the district to defend the same upon being indemnifi- ed against the costs and expenses of such defence. (1462) CHAPTER XL JUDGMENTS. 42. Judgment paid by treasurer— Except as hereinafter provided, no execution shall issue upon any judgment against a school district for the recovery of money. Unless the same be stayed by appeal, the treasurer shall pay such judgment upon presentation of a certific;d copy thereofj if he has sufficient money of the district not otherwise appropriated. If he fails to do so, he shall be personally liable for the amount, unless the collection be afterward stayed. (1459) A judgment against a district can be paid only out of money not other- wise appro'priated. — 43 M. 495. The treasurer of the district can pay a judgment against the trustees only out of money not otherwise appropriated. He has no authority to pay it out of moneys applicable only to other specific purposes. — 43 M. 495. 43. Failure to pay — Tax Jevy — If such judgment is not satisfied, or stayed by appeal or otherwise, before the next annual meeting of the district, a certified copy thereof may be presented at its annual meeting, whereupon the district shall cause the amount of the judg- ment, with interest, to be added to the tax of said district. If such tax is not levied and certified to the county auditor on or before October 1 next after presentation as aforesaid, a certified copy there- of may be filed with such auditor at any time before he has extended the tax of such district, with an affidavit showing the amount re- maining unpaid thereon, and the fact of such presentation to the dis- trict. Thereupon the auditor shall at once levy and extend such amount as a tax upon the property taxable within the district. (1460) 44. When Execution may issue — If the judgment is not paid with- in thirty days after the time when the proceeds of such levy become payable by the county treasurer of the district, execution may be issued thereon, to which any property belonging to the district shall be liable. (1461) 45. — Action when trustees resign, etc. — In case the trustees ol any school district which has contracted an indebtedness shall re- move or resign, and none are elected or apppointed in their stead, an action to recover such indebtedness may be begun by service of the summons upon the county auditor, and any taxpayer of the district may defend such action in its behalf, or the auditor may be required by the voters of the district to defend the same upon being indemnified against the costs and expenses of such defence. (1462) 46. Judgment, how satisfied — If judgment is recovered in any such action, the auditor, upon a certified copy thereof being filed with 42 JUDGMENTS. him, shall levy and extend upon and against the property taxable within the district an amount sufficient to pay the same, with interest. When such tax, or any part thereof, is collected, the county treasurer shall pay the same to the holder of the judgment until it is satisfied in full. And for this purpose the treasurer may use any money com- ing into his hands from taxes levied prior to the judgment for the payment of the same indebtedness. (1463) CHAPTER XII. DEPOSITORIES FOR SCHOOL DISTRICT MONEYS. 47. School officers may select depositories — The officers of the several common and independent school districts in this siate may in their discretion, select and designate as a depository or depositories for school district moneys, any national or state bank, or banks, for a period not exceeding thrqe years on the execution of such bank or banks of a sufficient bond to the school district in double the sum deposited, except in cases where the bond furnished is that of a surety company authorized to do business in the state of Minnesota, and in such cases the amount of bond shall be equal to the estimated sum to be deposited, to be approved by the board and filed in the office of the county auditor ofi the county wherein said school district may be situated, and thereupon may require the treasurer to deposit all 'or any part of the school district's money in such bank or banks. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, be signed by the chairman and clerk or president and clerk as the case may be, and filed with the clerk. That thereupon such bank or banks shall become a legal depository or depositories for school district moneys and thereafter the school district treasurer shall deposit such school district moneys therein as he shall be required from time to time to deposit by such school district officers. (Sec. 133, 1907, as amended by c. 332, 1909) 48. Treasurer to be exempt from liability — The school district treasurer and the sureties on his bond shall be exempt from liability to the school district by reason of the loss of any funds of such school district deposited in any such bank or banks from the failure, bank- ruptcy or other acts of such bank or banks to the extent and amount of such funds in such bank or banks at the time of such failure or bankruptcy, (c. 133, 1907, as amended by c. 332, 1909.) If a school board has properly designated a bank as a depository, a proper bond having' been furnished and accepted, it becomes the duty of the treasurer to deposit the funds of the district in such bank, 'and, failing to do so, he is personally responsible for such funds^ and if they lii air intake. (See Engineer's report July 20, 1909.) *The starred sections and the bold-face portions are new. INDEX. References in this index are to sections, except wh«sre pages and chap- ters are specifically referred to. Sections. A. ACCEPTANCE Of offlce by school officers ; when and how 20 ACCOUNTS Of district clerk; how kept 23 Of district treasurer; how kept 24 ACTIONS By school districts, character of actions' , 39 Against districts, in what cases 40 When trustees resign 41 Against district after change of name Note. 40 ADMISSION Free to public schools .*. 76 ADVERTISING For bids in letting contract to build school house Note. 31 AGE Of children entitled to attend public schools 76 Of children who must attend school under compulsory education law 59 "Of or between the ages of 8 and 16 years" defined Note. 59 ANNUAL, MEETING. (See School Meeting.) APPEALS From orders of formation of school districts 6 From orders for change of boundaries of districts 6-7 Pending appeal from order dividing district, treasurer to retain money apportioned Note. 6 From order organizing district from parts of districts In different counties, who may appeal Note. 6 APPORTIONMENTS Of school funds in new, changed, or diyided districts 8 Of funds in the treasury for building a school house, and there- after school district is divided Note. 8 B. BALLOT School officers must be elected by 17 Plurality vote elects 17 Polls open one hour, and ballots counted, cannot thereafter be opened and ano'ther ballot taken Note. 18 BIBLE Reading from scriptures in school violative of constitution. . .Note. 74 BIDS Advertising for in letting contract for building school house.. Note. 31 BLANKS To be furnished by county superintendent Chap. 25 BOARDS. (See District Boards — Common and Independent.) BONDS Official, of school district treasurer 22 74 INDEX. BONDS Sections. How and when issued by school boards 63 Purposes for which bonds may be issued 65 Vote required to issue bonds 64 For loans from the state 66 BOOKS. (See also Text-Books.) Of account, to be kept by clerk 23 Used in public schools to be in English language 73 BOUNDARIES. (See Districts, School.) Of school, districts, how changed 7 When changed, division and award of moneys', etc Noites. 7-8 Tax levied but not collected before division subject to distribu- tion Note. 7 Duties county auditor, what 9 C. CHAIRMAN Election of 12 Shall preside at meetings of board 25 Shall countersign all orders 25 Shall represent district in all actions 25 Shall perform all duties usually incumbent on such officer 25 Powers of, on failure of clerk to perform duty 25 Attesting illegal order, penalty T 55 CHILDREN To be sent to school, compulsory education law 59 Meaning of "of or between the ages of 8 and 16 years" Note. 59 Reasonable distance within which to compel child to attend school Note. 59 Entitled to attend public schools, age of 7£ When and how excused for non-attendance at school 59 CLAIMS Against districts; power and duty of board as to Sub. 7-31 CLERKS To keep books, and records 23 To notify persons elected to office 23 To make certified annual reports to county snaperintendents; con- tents of same 23 Record book, contents 23 To keep itemized account ot expenses 23 In common districts report to county superintendent time of com- mencement of terms of school 23 To furnish county auditor attested copy of records 23 To draw and sign all orders 23 Cannot issue orders to unlicensed teacher Note. 23 Compensation of, in common districts 27 Compensation of, in independent districts 29 To aid in selection of depositories of funds 47 Failure of to make reports', penalty 54 Drawing illegal orders by, penalty 55 Neglecting to keep or deliver records 56 To report excuses of non-attendance at school, when and to whom. 60 To report all children of school age in district, when and how 60 Compensation of clerk for making reports 60 COLOR Classification of pupils as to, prohibited 52 Districts classifying as to, excluded from apportionment 52 INDEIX. Sections. COMMON SCHOOL, DISTRICTS. (See Schools, District Boards, School Meetings.) Districts, how formed 1 Contents of petition for formation 2 Notice of hearing on petition 3 Proceedings on hearing of petition 4 When district is in two or more counties 5 Appeal from order 6 Division of funds where new districts are formed 9 Duties of county auditor 9 Boards of, how constituted 12 Members of, when and how elected 14 Vacancies in boards of, how filled 37 Vacancies, when and how filled by special election 38 Notice of election or appointment 19 Acceptance of office by members of board 20 Oaths, where filed 21 Quorum of board, power to contract 30 Rule when part of members refuse to vote Note. 30 General powers' and duties of boards 31-32-33 Instruction of pupils in an adjoining district, and transportation of pupils 33 Special duties of boards ; 35 Duties of cleric 23 Duties of treasurer 24 Duties of chairman 25 Compensation of clerk 27 Compensation of treasurer 28 Depository of funds' of 47 Interest on deposited funds 49 Officers not allowed additional compensation for depositing funds. 50 Treasurer not liable for funds lost in depository 48 Treasurer personally responsible when he fails to deposit funds which are lost Note. 48 COMPENSATION Of clerk of common district 27 Of treasurer of common district 28 Chairman of common district prohibited from receiving Note. 29 Money cannot be paid out of treasury as compensation to chair- man Note. 29 Compensation of members for attending meeting of school district officers called by superintendent of schools Note. 29 Of officers in independent districts 29 Of clerk for reporting children of school age and excuses for non- attendance ^ 60 COMPULSORY EDUCATION All children to be Sient to school 59 Excuses for not sending children to school 59 Duty of clerk and compensation where there is no truant officer. 60 Duty of teacher to report to county superintendent 61 County superintendent to report violations to county attorney 62 Failure to obey laws relating to, penalty 62 Failure of clerk, teacher, or county superintendent to perform duties, penalty 62 Fines collected for benefit of school district 62 "Of or between the ages of 8 and 16 years" defined Note. 59 CONTRACTS. (See, also. Teachers.) Must be made by a majority of the board at a meeting of which all members have had legal notice ' 30 76 INDSX. Sections. How made when part of members refuse to vote Note. 30 With teachers, when and how made; validity of 70 Teacher not to perform janitor service unless contract so speci- fies Note. "A In excess' of tax by districts, void 69 For text-books, when and how made 36A For free text-books, when and how made 36B CORPORAL PUNISHMENT When may be admini-stered by teacher Note. 76 COUNTY AUDITOR Duty of, upon formation of new district or division of district 9 COUNTY ATTORNEY Duty of, when notified of unexcuaed non-attendance of children at school 62 COUNTY SUPERINTENDENT To report to county attorney violations of compulsory education law 62 Must give opinion as to formation of new district Note. 4 COUPONS Attached to bonds' 63 D. DEPOSITORIES For school funds, how selected 47 Treasurer exempt for loss of funds deposited 48 Treasurer liable for loss' of funds undeposited Note. 48 Interest on deposited funds belongs to district 49 Officers not allowed compensation for depositing funds 50 DIRECTORS Board of, in independent districts 13 Officers of, and how chosen lb Officers must be elected from members of board Note. 13 May elect a superintendent 13 Rule governing as to vote for superintendent Note. 13 May elect superintendent by Aye and Nay vote; note 13 Quorum of board 30 Rule when some members refuse to vote Note. 30 Powers and duties of board 31 May adopt reasonable rules and regulations Note. 31 Rule as to advertising for bids when building school house; note... 31 Additional powers of board 32-34 Special duties of board 36 DISTRICTS, SCHOOL Formation of new 1 Contents of petition for forming 2 Notice of hearing petition 3 Proceedings on hearing of petition 4 When dsitricts are in two or more counties 5 Appeal from order of county commissioners 6 Change of boundaries' of 7 Division of funds where new school districts are formed 8 Duties of county auditor upon formation of new, or division of dis- tricts 9 Duty of county superintendent as to petition for Note. 4 DISTRICT BOARD, COMMON DISTRICT Board consists of chairman, treasurer, clerk I'i INDEX. 77 Sections. Members elected for three years each 12 Elected by ballot at annual meeting 14 To hold office must be a voter and resident of district 15 Women may vote for school officers 16 Quorum of electors and vote necessary to elect 17 Polls at election open one hour '. 18 Notice of election or appointment 19 Acceptance of office zO Oath, where filed zi Bond of treasurer 22 Duties of clerk 23 Duties of treasurer 24 Duties of chairman 25 Compensation of clerk 27 Compensation of treasurer 28 Quorum for school board meetings 30 Rule when any members refuse to vote. Note. 30 Powers and duties of 31 Powers of, to select and buy text-books 36A Rules and regulations by Note. 31 Instruction of pupils in, and transportation to other districts' 33 Free text-books, when and how adopted 36B Special duties of 36 Vacancies in board, how fihed 37 Special election to fill vacancies 38 Tie ballot for election of member creates a vacancy, how filled; Note. 37 Actions by school board 39 Actions against 40 Action when trustees resign 41 Depositories for district funds, selected by 47 Treasurer of, not liable for funds lost in depository ' 48 Treasurer liable for undeposited funds Note. 48 Board members not entitled to compensation for depositing funds. 50 Penalty for excluding or expelling pupils for certain reasons 51 Penalty for making improper classification 52 Penalty for refusing to serve on board 53 Penalty for clerk falling to make report. 54 Penalty for clerk drawing illegal order 55 Penalty for clerk neglecting to keep or deliver records 56 Penalty for treasurer attesting illegal order 55 Penalty for treasurer knowingly paying illegal order 55 Dealing in school supplies, penalty 57 Bonds' can be issued by 63 Vote of electors required to issue bonds by 64 Bonds, for what purpose issued ' 65 Bonds and loans from the state 66 Penalty for making contract for payment of money in excess of tax levy 69 Teachers to be hired by 71 Teachers" contracts to be in writing 71 Teachers' contracts to be signed by at least two members of the board 71 Teacher's contract with, for ensuing year Note. 71 Teacher's contract with, must specify that teacher is to perform janitor service if teacher is to perform such service Note. 71 Teacher's contract with may forbid indulgence in certain pas- times Note. 71 78 INDEX. Sections. DISTRICT BOARD, INDEPENDENT DISTRICT Members of board elected by ballot at annual meeting 14 Member of board must be voter and resident 15 Women may vote for members of board 16 Quorum of electors and vote necessary to elect 17 Polls open one hour 18 Notice of election or appointment 19 Acceptance of office 20 Oatii, where filed 21 Treasurer, bond of 22 Clerk, duties of 23 Treasurer, duties of 24 Chairman, duties of 25 Treasurer, compensation of 29 Clerk, compensation of 29 Chairman, compensation of 29 Quorum of board 30 Rule when part of members present refuse to vote Note 30 Powers and duties of board 31 Powers of, to select and buy text-books 36A Rules and regulations by board Note 31 Additional powers of board 32 Instruction of pupils, in adjoining district 33 Additional powers' of board 34 Special duties of board 36 Free text-books, when and how adopted 36B Vacancy in board, how filled 37 Tie vote at annual election creates a vacancy, how filled Note 37 Special election to fill vacancy 38 Actions by 39 Actions against 40 Action when members of board resign 41 Depositories of funds selected by 47 Treasurer of not liable for funds lost in depository 48 Treasurer of liable for undeposited funds when lost Note 48 Members of board not allowed compensation for depositing funds. 50 Excluding or expelling pupils for certain reasons; penalty for 51 Improper classification of pupils; penalty for 52 Refusing to serve on school board; penalty for 53 Clerk, failure to report, penalty for 54 Clerk drawing illegal order, penalty for 55 Clerk of, neglecting to keep or deliver records, penalty for 56 Dealing in school supplies, penalty for 57 Bonds, when and how may issue same 63 Bonds, what vote of district required 64 Bonds, for what purposes issued 65 Bonds and loans from the state 66 Contract in excess of tax levy void 69 Contracts In excess of tax levy, officers liable for performance 69 Teachers, hiring of, by 71 Teacher's contract to be in writing 71 Teacher's contract to be signed by chairman and clerk 71 Teacher not to act as janitor unless specified in contract. Note 71 Teachers may be forbidden Indulgence in certain pastimes Note 71 DISTRICT OFFICERS. (See District Boards, Common Districts; Dis- trict Boards, Independent Districts; Clerks, Treasurers, Chairman.) DUTIES OF OFFICERS. (See District Boards, Common Districts; Dis- trict Boards, Independent Districts; Clerks, Treasurers, Chairman). INDEX. Y9 E. EDUCATION. (See Compulsory Education.) ELECTION Of school district officers 10 Of school districts on issue of bonds, vote necessary 64 Of superintendent in independent district 13 EMPLOYMENT Of teachers', when and how 71 ENGLISH LANGUAGE. (See Instruction.) EXCUSES For failure to send children to Sichool, what are 59 For non-attendance to be reported by clerk, when, and to whom.. 60 EXECUTION When may issue for judgment against district. 44 EXPENSES Of school district officers attending meeting called by superin- tendent of schools Note. 29 F. FINES To be paid into county treasury for benefit of school district 62 FORMATION Of school districts. (See Districts, School.) FREE TEXT-BOOKS. (See Text-Books.) H. HOLIDAYS What are; are also school holidays....... .i ......... ..' 75 I. INDEPENDENT DISTRICTS. (See District Boards, Independent Dis- tricts.) INJURIES Boards may make rules for protection of district pr&perty ;froni.Sub. 5, 32 INSTRUCTION To be given in English language 73 May be given in foreign language, when 73 In foreign language, penalty for violating; note 73 Of pupils in adjoining district . . ■ ■ 33 INTEREST Schools orders to draw .'. .'. 24 In what order paid Note. 24 On school funds to belong to district 49 INTOXICATING LIQUORS Instruction as to effects of, to be given in schools 74 J. JUDGMENTS Against districts', how paid 42 Against districts, out of what money paid ....,;..... .Note. 42 Against districts, paid out of money not otherwise appropriated... 42 Tax levy for payment of ......;,.. ... .•. . . . . >,. 43 When execution may issue against district 44 Satisfaction of, how made ..).......,. 46 L. LOANS Of state school funds, how made 66 80 INDEX. M. MEETINGS. (See School Meetings.) MONTHS SCHOOL What constitutes 72 MORALS Instruction to be given in 74 N. NATIONALITY Classification of pupils as to, prohibited, penalty 51 NARCOTICS Instruction as to effects of • 74 NOTICE Of hearing on petition foi- formation of districts 3 "Posted notice," requisites of such notice Note. 14 Of hearing on petition to change boundaries 7 Of election or appointment of school officers 19 Of officers to give notice of violations of law 58 Of special school meetings HA O. OATHS Of office, of school officers, where filed 21 OFFICERS. (See District Boards, Common Districts; District Boards, Independent Districts; Clerks, Treasurers, Chairman.) ORDERS Of formation of school districts 3 Of change of boundary 7 For disbursement of funds, how drawn 23 Payment of by treasurer 24 To draw interest 24 Illegal drawing of by clerk, penalty 55 Practice as to paying of. when not paid for want of funds Note. 24 P, PENALTIES For excluding pupils from school 51 Children of parents paying no taxes cannot be excluded from school Note. 51 Child of school age cannot be excluded; note 51 Improper classification 52 Refusing to serve on school board 53 Failure of clerk to report 54 Drawing of illegal orders by clerk 55 Neglect of clerk to keep or deliver record 56 Dealing in supplies by officers or teachers 57 Failure to send children to school 62 Failure of officers to perform duties imposed upon them by the compulsory education law 62 PETITIONS For formation of school district 1 Contents 2 For change of boundary 7 For special school meeting HA Before petition for new district is presented to' county commission- ers county superintendent must pass upon Note. 4 INDEX. 81 PHYSIOLOGY Instruction in, to be given in schools 74 POLLS How long to be kept open at school meetings' 18 Open less than hour does not necessarily invalidate election. Note. 18 POSTED NOTICE Meaning of term Note. 14 PROPERTY No property qualification required to entitle a person otherwise qualified, to vote Note. 16 PUBLIC SCHOOLS. (See Schools.) PUPILS Exclusion of, from schools, penalty 51 Of school age cannot be excluded Note. 51 Cannot be excluded because parents pay no taxes Note. 51 Rule as to the admission of Indian children Note. 51 Rules and regulations as to government of Note. 31 Free transportation may be provided for, when and how Sub. 4-32 Q. QUALIFICATIONS Of women to vote 16- Of teachers 70 QUALIFIED TEACHER Who is 70 QUORUM Of electors at annual meeting 17 Of school board to transact business 30 Rule as to, when part of members refuse to vote Note. 30 R. RATES Of taxation for school purposes 67 RELIGIOUS INSTRUCTION Cannot be given in public schools Note. 74 REPORTS Of district clerk, how a'nd when made 23 Of district treasurer, how made 24 Failure of clerk to make, penalty 54 District clerk to report children of school and those excused from attendance, when and how 60 RESIDENCE How determined for attending school 3'2 RULES AND REGULATIONS Reasonable, may be made by board governing conduct of pu- pils .• Note. 31 In what cases may be adopted Note. 31 Board may adopt, as to teachers, when Note. 71 Board may adopt, respecting protection of school property. . .Note. 32 S. SCHOOL AGE. (See Age.) SCHOOLS. (See, also. District Boards, Common and Independent.) Age of admission to 76 School boards' have no authority to exclude children of legal age from 76 School boards may not exclude pupils for using tobacco Note. 76 82 INDEX. Residence necessary for admission to Notes. 76 Management of and discipline in Note. 76 Must be taught in the English language; exception Notes. 76 When and how corporal punishment may be used in Note. 76 Saloons may not be located within 1,500 feet of Note. 76 Length of terms in 72 Instruction in ; books to be used 73 Instruction in morals 74 Holidays are school holidays 75 Foreign language, when may be taught in Note. 73 Powers of school board to manage and control 31 Powers of teacher to manage and control 71A Powers of board to admit non-residents to. 62 Powers of board to establish grades in 32 Free transportation to; powers of board ....; 32 Powers of board to make rules and regulations for protection of property 32 SCHOOL. BOARDS. (See District Boards.) SCHOOL DISTRICT BONDS. (See Bonds.) SCHOOL DISTRICT CLERKS. (See Clerks.) SCHOOL HOLIDAYS. (See Holidays.) SCHOOL HOUSES Powers of school meetings to build and acquire 10 How acquired and purchased 31 Vote required on question of building or acquisition 31 SCHOOL MEETINGS Annual meeting, when and how held 14 Annual notice of, contents, and how given 14 Annual, polls at, when and how long to be open 18 Annual, time and place of, need not be designated at preceding meeting Note. 14 Annual, notice by freeholders requisite of Note. 14 Annual, second ballot at cannot be had Note. 18 Annual, plurality vote, and not majority necessary to elect of- ficers Note. 18 Annual, may be held open until business is finished Note. 18 Special, when and how may be held, notice of IIA Special, powers at same as at annual Note. IIA Special, duty of clerk to call Note. IIA Special, who to preside at Note. IIA General, women may vote at 16 Women freeholders entitled to sign petitions Note. 16 Women become citizens on marrying citizens Note. 16 Women may vote on school site questions Note. 16 Women may vote on issue of bonds, when Note. 16 Voters, no property qualification required Note. 16 Powers' of, to appoint officers of 10 Powers of, to elect officers' by ballot 10 Powers of, to designate school sites and provide school houses 10 Powers of, to repeal and modify prior proceedings 10 Powers of, limited by law Note. 10 Powers of, as to school sites, how exercised Notes. 10 Powers' of, to elect officers, how exercised Notes. 10 Powers of, to build school houses Notes. 10 Powers of, do not extend to hiring of teachers Note. 10 Powers of, to vote length of school terms Notes. 10 Who entitled to vote at, residents Notes. 10 INDEX. 83 Sections. Powers of, to vote taxes, how exercised Notes. 10 Powers of, to isstie bonds, how exercised Notes. 10 Powers of, to vote money for schools and supplies 11 SCHOOL OFFICERS. (See District Boards, Common Districts; District Boards, Independent Districts; Clerks, Treasurers, Chairman.) SCHOOL SUPPLIES Officers and teachers dealing In, penalty 57 SCHOOL TAXES. (See Taxes.) SCHOOL TEACHERS. (See Teachers.) SCHOOL TREASURERS. (See Treastirers. ) SPECIAL SCHOOL MEETINGS. (See School Meetings.) When and how called. HA SITES For schools, how selected and acquired 31 Power of school meetings to select and change 10 SPECIAL MEETINGS. (See School Meetings.) STATE SCHOOL FUNDS Application for loans from, how made 66 STIMULANTS AND NARCOTICS Instruction as to effects of 74 SL PERINTENDENTS Of independent districts', how elected 13 Ex-ofHcio member of board, but not entitled to vote 13 Rule as to election when some members of board do not vote. Note. 13 May be elected by "Aye" and "Nay" vote Note. 13 Duty of as to making complaint against school officers Note. 13 General duties of 26 T. TAXES Limitation of in common districts 67 Limitation of in independent districts for purchase of school sites and erection of school houses 67 Levied by boaril in independent districts 36 To be certified to county auditor, when 68 Contracts in excess of, void; liability of offlcers 69 For payment of judgment against district 43 TEACHERS Powers of school boards to hire 31 Contracts can be made only with qualified teachers 70 Contract with unqualified teacher void Note. 70 Contracts with, made at meetings called for that purpose 71 Contracts, when and how made; to be in writing 71 Contracts, oral, not valid Note. 71 Contracts, enforcement of Note. 71 Contracts, general requisites of, validity and enforcement. Notes. 71 Contracts with, prior to regular annual election... Note. 71 Contracts with, teacher not to perform janitor service unless speci- fied Note. 71 Contracts with, vote necessary when related to member of board. Note. 71 Discharge of, when and how Note. 71 Rules and regulations as to conduct of teachers Note. 71 May close school without loss of pay, when Note. 71 Wages of, school board cannot retain Note. Vl General control of schools by 71A Wages of, failure to pay by treasurer, penalty 51A 84 INDEX, Sections. To give instruction in morals, physiology, hygiene' and effects of narcotics and stimulants ' 74 May use corporal punishment, when and how Note. 76 Entitled to holidays 75 Instruction to be given by in English language 73 Instruction in foreign language, when and how Note. 73 Violating law as to instruction in foreign language, penalty. Note. 73 TERMS, OF SCHOOL Not less than five nor more than ten months 72 Length of, determined by board in independent districts Note. 36 TEXT-BOOKS Powers of school board to select and buy 31 Contracts for, how and when made 36A Free, system of, when ana how adopted 36B TRANSPORTATION Of pupils to school, powers of boards 32 Of pupils to adjoining district 33 TREASURERS To receive and be responsible for all money 24 To disburse moneys', when and how 24 To keep account of funds and disbursements 24 To file with clerk detailed financial statement 24 To make further reports when called on by board 24 Duties of as to orders not paid for want of funds 24 Duties and powers of as to care of funds Notes. 24 Liability of for failure to turn over books to successor Note. 24 Liabilty of for acting without qualifying Note. 24 Must not speculate with funds, nor mingle with his own 24 Must pay out money only on orders signed by clerk and counter- signed by chairman Note. 24 Liability of for failure to file annual statement Note. 24 Failure of to pay teacher's wages, personal liability 51A Bond of, requirements and conditions 22 Bond of, approval Note. 22 Amount of bond, meaning of Note. 22 Bond of, signed by sureties only, does not bind sureties' Note. 22 Compensation of, common district 28 Compensation of, amount and limit Notes. 28 Compensation of, independent districts 29 Depositories of funds in hands of, how selected 47 Exemption of from liability upon deposits 48 Personally responsible for loss of funds not deposited in designated depository Note. 48 Personally liable for payment of judgment, when 42 Paying Illegal order, penalty 55 -TUITION In public schools to be free 76 Of non-resident pupils, powers of board as to 32 V. VACANCIES In school boards, how filled, by appointment 37 Tie vote at annual election creates; how filled Note. 37 In school board.?, how filled by special election 38 Created at annual meeting by tie vote and not filled by board, how filled Note. 37-38 INDEX. 85 Sections. VOTERS Who entitled to vote 15 Women may vote 16 No property qualification required Note. 16 W. WAGES School board cannot retain teachers' Note. 71 Failure to pay teachers', by treasurer, penalty 51A Drawing illegal order for, by clerk, penalty Note. 55 WOMEN Allowed to vote at school meetings, when and how 16