Book -^^ 
 
 16 E ^ 
 
 OFFICIAL DONATION. 
 
LAWS OF WISCONSIN -i^-i 
 
 RELATING TO 
 
 COMMON SCHOOLS 
 
 INCLUDING FREE HIGH SCHOOLS; 
 
 ^ ALSO, THOSE EELATING TO 
 
 Normal Schools and tlie University. 
 
 COMPILED FROM THE REVISED STATUTES OP 1878, AND THE LAWS OF 
 187&-1885, INCLUSIVE, and published in PURSUANCE OF LAW, 
 
 UNDER THE DIRECTION OF 
 
 ROBERT GRAHAM, 
 
 Siate Superintendent. 
 
 DWISIOH Of UU^^ 
 
 MADISON, WIS.: 
 
 DEMOCRAT PRINTING CO., STATE PRINTERS. 
 
 1885. 
 
TO SCHOOL OFFICERS. 
 
 This volume is public property, and belongs to the school- 
 district, or town, or high school-district, or city, or county 
 superintendent district to which it is sent. The volume sent 
 to the district clerk is to be kept by him in his office, for his 
 own use and that of the other members of the board, but 
 may be loaned by him to any voter of the district, to be 
 retained not exceeding five days. If an annual, special, or 
 adjourned meeting is to take place within ten days, this 
 book should not be loaned to any person, but retained by the 
 clerk, and produced by him at such meeting for consultation 
 by the voters. 
 
 In like manner the volume furnished to each town clerk 
 is to be kept by him in his office, for his official use and that 
 of the board of supervisors. 
 
 When sent to any school officer, he holds it only in his 
 official capacity, and it should be carefully preserved and 
 handed over to his successor in office. 
 
 MAR 5 1301 
 D, of D, 
 
NOTE TO THE READER. 
 
 A new edition of the School Code was rendered necessary 
 in consequence of the changes made in the school laws, in 
 the general revision of the statutes, and was prepared by 
 direction of the state superintendent, in 1878. An edition 
 supplementary to that was published in 1880. Since that 
 date several important changes in the school laws have been 
 made, and on this account, as well as because the former 
 edition is exhausted, a new edition has become necessary, 
 and is designed to meet the call from new districts and oth- 
 erwise. 
 
 In this edition, 'the laws relating to common schools, free 
 high schools, normal schools, and University of Wisconsin, 
 as well as those relating to county superintendents, and 
 teachers' institutes, as amended by legislation subsequent to 
 that embodied in the revised statutes of ] 878 and including 
 that of 1885, are included. 
 
 The sections of the former codes — 22 to 30 — which pro- 
 vided for union districts, were omitted in the revision, hav- 
 ing become obsolete and useless, and the object intended to 
 be accomplished by them being better reached by the free 
 high school and the township laws. The sections of the 
 old codes — 64 to 71 — providing for the assessment and col- 
 lection of special district taxes by the district officers, in 
 certain cases, were omitted; and provision was made, in 
 section 471, for borrowing money, in anticipation of the col- 
 lection of such taxes in the usual way. 
 
 The compulsory school law of 1879 will be found in this 
 edition, commencing on page 64. It also embraces the 
 changes made in the free high school law, in 1879, 1883, and 
 in 1885. 
 
 No material changes in the comments or forms of 
 former editions have been made, except when made neces- 
 sary by changes in the law or recent decisions of courts. 
 
 A table of contents on the next page, and an index at the 
 close of the volume facilitate reference. 
 
CONTENTS. 
 
 L FoEMATiON, Alteration and Powers op Districts, - 1-45 
 
 II. District Officers — District Board, - - - 45-75 
 
 III. Certificates and Examinations, 75-87 
 
 IV. The County Superintendent, ' 87-98 
 
 V. Reports, 98-104 
 
 VI. Duties op Town Clerk and Treasurer, - - - 104-106 
 
 VII. District Taxes, 106-109 
 
 VIII. Borrowing Money, - 109-113 
 
 IX. Establishment op School-House Sites, - - - 113-115 
 
 X. Libraries, 115-119 
 
 XI. Judgments against School-Districts, - . - 119-130 
 
 XII. Free High Schools, 130-138 
 
 XIII. Appeals, - - 138-135 
 
 XIV. Penalties and Miscellaneous Laws, - - - - 135-140 
 XV. Township System of School Government, - - 140-153 
 
 XVI. Op the Distribution op the School Fund Income, - 153-157 
 
 XVII. Op the University, 157-161 
 
 XVIII. Op Normal Schools and Academies, - . - - 161-168 
 
 XIX. The State Superintendent, - - - - - 168-170 
 
 XX. Constitutional Provisions, 171-173 
 
 XXI. Forms, 173-300 
 
Laws Relating to Common Schools. 
 
 Chapter 27, Revised Statutes of 1878. 
 
 I.— FORMATION, ALTERATION, MEETINGS, AND 
 POWERS OF DISTRICTS. 
 
 FORMATION OF DISTRICTS, 
 
 As Amended hij Chapter 355 Laios of 1885. 
 
 Sectiox 412. The town board in each town in this state" 
 shall have power to form and alter districts in the manner 
 hereinafter set forth: provided that every school district 
 shall be of contiguous territory, and shall not embrace more 
 than thirty-six square miles of land, and that whenever any 
 school district which has by vote contracted a debt, shall be^ 
 altered by taking territory from it before such debt is fully 
 paid, no such alteration shall be made as to leave to the dis- 
 trict from which such territory is taken an indebtedness- 
 exceeding five per centum on the value of the taxable prop- 
 erty therein, to be ascertained by the last assessment for- 
 state and county taxes previous to the incurring of suchi 
 indebtedness. 
 
 The restriction as to the size of districts was enacted in 
 18G8. The law now specifically requires that every district 
 shall consist of contiguous territory. A district may be of 
 any convenient form, provided it does not embrace more 
 territory than the law allows, and provided its territory all 
 lies in one body ; but it should be as compact in form as ths 
 natural features of the country will permit. It should also 
 be as large as a proper regard to .the distance to be traveled 
 will allow, in order that it may be able to sustain a good 
 school without resorting to burdensome taxation. The com- 
 mon desire for small districts should not be gratified at the 
 expense of the welfare of the school. It is better that chil- 
 dren should travel two or three miles to attend a good 
 school, than half a mile to attend a poor one. The provision 
 
that districts which have by vote contracted a debt shall not 
 be altered until the debt is paid, is repealed, and provision 
 is made that by alteration, no district shall be left with an 
 indebtedness exceeding five per centum of the value of the 
 taxable property therein. 
 
 By section 263, revised statutes, no district which is 
 indebted to the trust funds of the state can be altered by 
 taking therefrom any land included therein at the time of 
 obtaining such loan, until such loan is fully paid, without 
 the consent of the land commissioners of the state, and only 
 upon such terms as they shall prescribe. 
 
 Section 413. The formation of any such school-district 
 shall be by written order of the town board, describing the 
 territory embraced in the same, to be filed with the town 
 clerk within twenty days after the making thereof. The 
 supervisors shall deliver to a taxable inhabitant of the district 
 their notice thereof in writing, describing its boundaries, and 
 appointing a time and place for the first district meeting, 
 and shall therein direct such inhabitant to notify every 
 qualified voter of the district, either personally or by leaving 
 a written notice at his place of residence, of the time and 
 place of such meeting, at least five days before the time 
 appointed therefor, and said inhabitant shall notify the 
 voters of such district accordingly, and indorse thereon a 
 return containing the names of all persons thus notified, and 
 said notice and return shall be recorded as a part of the 
 record of the first meeting in such district. 
 
 The order for forming a school-district must be made at 
 a meeting of the board, of which all have been notified, and 
 should be so clear and distinct that the boundaries of the 
 district may be readily traced. The district should be de- 
 scribed, therefore, by the government surveys; but reference 
 may be made also, if necessary, to natural features, such as 
 rivers, lakes, marked trees, etc., or to highways or town 
 lines. A school-district, in the sense now under considera- 
 tion, consists of territoi^y and not of persons. The territory 
 should be so described that changes of ownership will not 
 require any change in the description.* 
 
 When new districts are formed out of new territory, the 
 order may be filed immediately, and the notice delivered to 
 a taxable inhabitant without delay. If the order is not filed 
 
 *See Form No. 1. 
 
in twenty days, as directed, it should nevertheless be filed. 
 The delay does not invalidate the order. 
 
 If the formation of a new district involves the alteration 
 of the boundaries of any other district, consent must be 
 obtained to each such alteration, as provided in section 419, 
 or the order of formation cannot take effect for three 
 months. The same section also provides that no alteration 
 of a district can be made to take effect between the first day 
 of December and the first day of April following. The mat- 
 ter is resumed in the comments on section 419, which pre- 
 scribes the mode of alteration of districts, the notices to be 
 given, etc. 
 
 A taxable inhabitant is one liable to pay a tax. If practi- 
 cable, the notice delivered to this inhabitant should be read 
 in the hearing of each voter. If this is not practicable, a 
 copy of the notice left at the voter's residence will answer. 
 In case of doubt in regard to any inhabitant of the proposed 
 district, the question may be asked if he is a legal voter; 
 and if the right to vote is claimed by him or for him, or 
 seems to be doubtful, the notice should be given. This con- 
 fers no right to vote, if the right does not already exist.* 
 
 The day upon which any legal notice is served is not 
 counted in computing the time required. Since, in this case, 
 five days' notice must be given, the notice must be served 
 on each voter as early, at least, as the sixth day before the 
 time named for the meeting. Any neglect to notify all, or 
 to notify in season, even if unintentional, may create dis- 
 satisfaction and lead to an appeal. 
 
 Not only the names of all persons notified, but the man- 
 ner in which the notice was given to them must be em- 
 braced in the return made. ''All returning officers are 
 ministerial, and are bound to set forth in their returns all 
 acts done by them, that the proper tribmial may judge of 
 their sufficiency. They are not competent to judge of the 
 legality of a notice or service; and a return that a precept 
 has been legally served, or that the duty enjoined by the 
 warrant had been duly performed, would most clearly be 
 insufficient." f 
 
 *See Forms Nos. 2 and 3. tl2 Pick., 206. 
 
The return is to be indorsed on the notice read to the voters, 
 and signed by the person giving the notices. The document 
 should be produced at the first meeting, and filed with the 
 records of the district.* 
 
 Section 414. In case such notice shall not be given, or the 
 inhabitants of a district shall neglect or refuse to assemble 
 and form a district meeting when so notified, or in case any 
 school district, having been formed or organized, shall after- 
 wards be disorganized, so that no competent authority shall 
 exist therein to call a special district meeting in the manner 
 herein provided, notice shall be given by the town board, 
 and served in the manner prescribed in the preceding sec- 
 tion. Whenever a district meeting shall be called as pre- 
 scribed in this and the preceding section, it shall be the duty 
 of the electors of the district to assemble at the time and 
 place so directed. I 
 
 Three contingencies are provided for in this section : first, 
 a neglect on the part of the person appointed to give the 
 notice ; second, a neglect or refusal of the voters to meet and 
 organize the district ; third, the loss of the organization of 
 the district, by the removal or death of all its officers, or in 
 any other way. In any one of these cases, the supervisors 
 are to call a meeting, as provided in section 413. 
 
 The electors of the district are those persons who have a 
 legal residence in the district, and who are qualified to vote 
 at a general election for state and county officers. This 
 matter is further considered under section 428. 
 
 It is the duty of all the electors to attend a district meet- 
 ing called by the town board, to organize or reorganize the 
 district ; but the acts of those who assemble are binding 
 upon those who stay away. A full attendance is desirable, 
 and persons entitled to vote should be present, when ap- 
 prised of the meeting. 
 
 The first thing to be done, after the meeting has been 
 called to order, is to elect a chairman ; a clerk pro tern. 
 should also be chosen. The meeting is then organized to do 
 business, and ready to elect the district officers, a director 
 treasurer, and clerk, as provided in section 431. The further 
 action of the meeting, proper to be had, can best be seen 
 after reading section 416, and the comments thereon. 
 
 *See Form No. 4. X See Form No. 5. 
 
FORMATION OF JOINT DISTRICTS. 
 
 Section 4 Lo. Whenever it shall be necessary to form a 
 district from two or more adjoining towns, the town boards 
 of such towns shall meet together and form such district by 
 their written order, describing the territory embraced in 
 such district, signed by at least two of the supervisors of 
 each town ; and shall file one such order with the town clerk 
 of each town, and deliver the notice of formation to a tax- 
 able inhabitant of such district, and cause the same to be 
 served and returned in the time and manner hereinbefore 
 prescribed ; and any such district may be altered only by 
 the joint action of the town boards of such towns in the same 
 manner that other districts are altered.* 
 
 Ordinary districts may become joint districts by the 
 division of a town, without any further action, f 
 
 If a joint district is to be formed, the supervisors of all the 
 towns concerned must meet. An order of formation with- 
 out such joint meeting is illegal, and would be set aside on 
 appeal, although the requisite signatures might be obtained. 
 An order forming a joint district, must alsp be assented to 
 and signed by a majority of the supervisors of each of the 
 towns in which any part of the district is situated. Each 
 town board acts and votes for its own town only, and there 
 must be a majority of each board. 
 
 The notice for the first meeting of a joint district must 
 likewise be signed by a majority of the supervisors of each 
 of the towns containing part of the district, and the order 
 of formation must be recorded in the office of each of the 
 town clerks. 
 
 Again, if a joint district is to be altered, or dissolved, in 
 order to form a new district in one of the towns, or for any 
 other purpose, the order altering or dissolving the old dis- 
 trict must be signed by a majority of the supervisors of each 
 of the town? affected. If the joint district is dissolved, the 
 territory should by the same order be attached to another 
 district or other districts. If the new district is a joint dis- 
 trict, the order forming it must be signed by a majority of 
 the supervisors of each town that contains a part of said 
 new district. 
 
 *See Form No. 6. f 35 Wis., 178. 
 
) A ^ J I /CHAPTER 280, LAWS OF 1882. ^ . . 
 
 4^ fh^-uy^^d^^h Cha4iii^*>^^^^ j^i%jLc^^ /fi'7- 
 
 Section 1. Whenever an application in writing, for an 
 alteration to be made in the boundaries of any joint school- 
 district, signed by not less than one-third of the lawful 
 voters residing in the districts to be affected by the proposed 
 alteration, shall be presented to the chairman of supervisors 
 of the town in which the school house of such joint district 
 may be situated, such chairman sh?.ll thereupon fix a time 
 for the joint meeting of the town boards of the towns in 
 which such joint school-district may be situated, which time 
 shall not be less than ten nor more than twenty days after 
 the presentation to him of such application. He shall also 
 i^ cause a notice of the time and place of such meeting to be 
 '•^ V given to each supervisor entitled to be present thereat, which 
 notice shall be served at least five days prior to the date 
 fixed for such meeting. Such meeting shall be held at the 
 school house in such joint district, unless some other con- 
 venient place shall be designated in the notice therefor. 
 
 Section 2. If the chairman of supervisors to whom such 
 application shall be presentefl shall neglect or refuse to fix 
 the time, or to give notice for the meeting of the town boards 
 as provided in the first section of this act, or if the said 
 supervisors or a majority thereof, of any town in which a 
 part of said joint district may be situated, shall neglect or 
 refuse to be present at such meeting ; or, being present, 
 shall neglect or refuse to hear and decide upon such appli- 
 cation, the application shall be deemed denied, and an appeal 
 may be had therefrom in the same manner and with the 
 like effect as in other cases of denial. 
 
 Section 3. The provisions of sections 418, 419, 422 and 497 
 of the revised statutes, shall, so far as may be applicable;, 
 apply to proceedings under this act. 
 
 This act provides a remedy, in the way of appeal to the 
 state superintendent, where the officer whose duty it is to 
 give notice of the time and place of meeting of supervisors 
 for hearing and determining upon proposed alterations of 
 joint school-districts, neglects or refuses to give such 
 notice, and where supervisors neglect or refuse to attend 
 such meeting when called. The act also specifies the pre- 
 liminary steps to be taken by persons intending to make use 
 of this remedy, by appeal, for neglect or refusal. Where 
 there is no neglect or refusal to act tiiere is no, necessity for 
 the petition of one-third of legal voters in*^ aaek district ^ 
 affected, nor does this act prevent procedure under sections 
 418, 419, 420 and 421 of the revised statutes. 
 
 -^- #^ 
 
 ^.-^^^^^^^ 
 
ORGANIZATION OF A DISTRICT. 
 
 Section 41G. Every school-district shall be deemed duly 
 organized when any two of the officers elacted at the first 
 legal meeting thereof shall have consented to serve in the 
 offices to which they have been respectively elected, by a 
 written acceptance thereof, filed with the clerk at the first 
 meeting, and recorded in the minutes thereof ; and every 
 school-district shall be considered as duly organized, after 
 it shall have exercised the franchises and privileges of a dis- 
 trict for the term of two years.* 
 
 If two of the officers elected are present, and at once file 
 their acceptances with the clerk of the meeting, and he re- 
 cords them, the district is then duly organized, and may 
 proceed to the transaction of any other business, as provided 
 in section 430. The treasurer is not likely to file an approved 
 bond at that time, but that can be done afterwards. If two 
 of the officers do not then file their acceptances, the meeting 
 should adjourn and await them. If the persons elected at 
 the first meeting, or any of them, refuse to accept, the meet- 
 ing may at once proceed to elect others. The same may be 
 done at an adjourned meeting, if notice of refusal to serve 
 is then received. The district should endeavor to effect a 
 complete organization; but if after reasonable trial it fails 
 to secure more than two officers by election, the two who 
 have accepted may fill the vacancy. 
 
 When a district has exercised the powers and enjoyed the 
 privileges of a school-district for two years, it is held to be 
 legally organized, notwithstanding any informality of pro- 
 ceeding in its organization; and in the meantime, and until 
 its organization is set aside by competent authority, it is the 
 duty of its officers to comply with all the requirements of 
 the school law. It is sufficient for them to know that it is a 
 district de facto. After two years have elapsed, its organi- 
 zation cannot be set aside on account of any alleged defect 
 in its original formation or organization. 
 
 CORPORATE POWERS OF DISTRICTS. 
 
 Section 417. Every school-district organized in pursuance 
 of this chapter, or which has been organized pursuant 
 to law, shall be a body corporate, and shall possess the usual 
 
 *See Form No. 7. 
 
powers of a corporation for public purposes, by the name 
 and style of school-district, or joint school-district number 
 
 (the name of the town or towns in which the district is 
 
 situated); such number shall be designated by the town 
 board or boards in the formation thereof; and in that name 
 shall sue and be sued, and be capable of contracting and 
 being contracted with, and of holding such real and personal 
 estate, as is authorized to be purchased by law, and of sell- 
 ing the same. 
 
 A school-district, as a corporate body, has perpetual suc- 
 cession and existence by its corporate name, and may hold 
 real and personal estate for its corporate purposes. It is a 
 body created by law, and is wholly distinct from the indi- 
 viduals that may, from time to time, compose it. It does 
 not become dissolved, or lose any of its rights, or become dis- 
 charged of its obligations by a change of its name, number, 
 or boundaries, or ^by becoming a joint district. (4 Wis., 79.) 
 But the number of a district should not be changed where 
 it can be avoided. 
 
 Contracts made or suits brought by a district, and all 
 writings in which it is a party, require that the name of the 
 district should be mentioned: e. g., school-district number. 
 four, town of Lincoln, Polk county. When district officers 
 are specifically empowered by law to act, their names may 
 be mentioned. 
 
 ALTERATION OF DISTRICTS. 
 
 Section 418. Whenever the town board shall contemplate 
 an alteration of the boundaries of a school-district, they 
 shall give at least five days' notice, in writing, to the clerk 
 of the district or districts to be affected thereby, stating in 
 such notice the time and place, when and where they will 
 be present to decide upon such proposed alteration; and 
 such clerk or clerks shall immediately notify the other 
 m.embers of the board; and no territory shall be detached 
 from any district, unless it be by the same order attached 
 to another; and any district may be dissolved by attaching 
 all its territory to other districts.* 
 
 Great care should be exercised in giving the preliminary 
 notices of alterations proposed, as the want of this may ren- 
 der the proceedings of the supervisors illegal, and lead to 
 an appeal. 
 
 * See Form No. 8. 
 
9 
 
 A written admission of service of the notice required by 
 law, on the return of the person serving the notice, should 
 be annexed to every order of alteration, and filed with it in 
 the office of the town clerk, so that a complete history of 
 the transaction may be preserved. 
 
 It is to be observed that no territory can be detached from 
 a district unless it is by the same order attached to another. 
 In case the territory is detached from a joint district, the 
 order of detachment must be signed by the boards of all the 
 towns, although the territory be attached to a district wholly 
 within one of the towns. 
 
 It is also to be observed that a district may, at any time, 
 be dissolved or.wholly extinguished, by reason of the attach- 
 ment of all its territory to other districts. This action will 
 often be advisable when several districts are found to be 
 too feeble to support good schools, and can be reduced in 
 number with advantage. When districts thus become dis- 
 solved, the property pertaining to them is to be disposed of 
 as provided in section 424. 
 
 Section 419. In all cases where an alteration of the bound- 
 aries of a school-district shall be made, the town board shall, 
 within three days thereafter, give notice thereof by filing a 
 copy of the order so altering the same, with the town clerk 
 and with the clerks of the districts affected by such alter- 
 ation; and no alteration of any school-district made without 
 the consent of a majority of the district boards, indorsed on 
 such order, shall take effect until three months after notice 
 given as above specified, unless such alteration is made in 
 compliance with the order of the state superintendent given 
 in the decision of an appeal; nor shall any alteration of 
 an organized district be made to take effect between the 
 first day of December in any year, and the first day of April 
 following.* 
 
 Delay in giving the notices required in this section does 
 not render the previous action of the supervisors void, as it 
 is merely matter of information of an act done; neverthe- 
 less, the notices should be promptly given. 
 
 Copies of all orders making alterations in joint districts 
 must be filed in the offices of the clerks of all the towns of 
 which the districts altered constitute a part. Unless this is 
 done, the supervisors of one town are unable to know the 
 
 * See Form No. 9. 
 
10 
 
 boundaries of a joint district without consulting the records 
 of another town in which they have no controh 
 
 The action of the supervisors in altering districts is usually 
 based upon petition, but they are to act without, when in 
 their judgment the interests of education require it. It is 
 their duty to make such alterations as will best promote the 
 welfare of the public schools, even though not asked to do 
 it. As a general rule, however, they will seek to consolidate 
 rather than to divide districts, to make them as large as 
 practicable and to avoid joint districts, unless very nec- 
 essary. 
 
 The order of alteration is an official act, and must result 
 from a resolution of a majority of the board, adopted at a 
 meeting at which all are present, or of which all have been 
 notified. A due sense of propriety, however, will lead a 
 supervisor having a personal interest in any proposed altera- 
 tion of a district to avoid acting in that case. It is better 
 that the other members of the board should decide it with- 
 out him. At the same time it is not illegal for him to be 
 present and vote, and proceedings cannot be set aside on 
 appeal on this account. 
 
 The reason for alteration of districts is, not unf requently, 
 that an additional district may be formed from territory 
 taken from them. If the district board of any district from 
 which a portion of the territory embraced in a new district 
 is taken, refuses to consent to the alteration, the order of 
 the supervisors does not take effect till three months after 
 the notice is given, and the supervisors are not obliged to 
 deliver the notice to a taxable inhabitant, calling the first 
 meeting of the voters of the new district, till twenty days 
 after said order takes efl^ect; but such notice may be given 
 at any time after the order is issued, provided that it does 
 not call the meeting until the three months have expired. 
 No action can be taken by the voters of the new district 
 until the order of formation takes effect, for the reason that 
 before that time there isi no new district, and the people and 
 the territory retain the same condition, and sustain the 
 same relations that they did before the order forming the 
 new district was issued. So in regard to districts formed 
 
11 
 
 from other districts between the first day of December and 
 the first day of April following; the alterations cannot take 
 effect, nor the first meeting of the new district be held^ till 
 the first of April, or thereafter. 
 
 But whatever the purpose of the alteration of a district, 
 the two restrictions exist. The reasons for the restrictions 
 are, on the one hand, to prevent districts from being altered 
 too summarily, without the consent of the board, and on the 
 other, to avoid interference with the winter schools. See 
 also the restriction as to debt. Sec. 412 and Sec. 263. 
 
 In regard to the duties of town boards in the matter of 
 the formation or alteration of school districts, the general 
 remark may b.e made, that while discretionary power is 
 given them to act or not act, in any particular case, they are 
 to exercise their discretion, not with regard to their own 
 convenience, but the public good. Unreasonable requests 
 for action are sometimes made, and to hold a meeting, 
 especially of two or more boards, may be both inconvenient 
 and expensive, but when a petition, respectably signed and 
 presenting apparent^"" good reasons for action, is submitted, 
 the request for a meeting and for action should not be un- 
 reasonably denied. If the action desired is not granted, 
 after proper examination, at a legal meeting, the petitioners 
 then have the right of appeal; but if there is no meeting 
 and no decision, they have not. 
 
 Special provision is now made by law for appeals in case 
 of joint school-districts, where boards of supervisors neglect 
 or refuse to meet to hear and determine applications for 
 alterations of such districts, or where the chairman of the 
 proper town fails to give the proper notice for such meeting, 
 H i 1 1 1i ipli I -^nn l ii H iin of IffS^nn pnr -"***^ — —v,^,,.. ..'- 
 
 It is also to be noted, that when supervisors act on a peti- 
 tion, they are not confined to the terms of the petition. If 
 a certain amount of territory is asked, they may grant more 
 or less, provided the required notices have been given to the 
 clerks of all the districts to be affected by the action. 
 
 DIVISION OF PROPERTY. 
 
 Section 420. When a new district is formed, in whole or 
 in part, from one or more districts possessed of a school- 
 
12 
 
 house or entitled to other property, the town board, at the 
 time of forming such new district, shall ascertain and deter- 
 mine the proportion of the value of the school-house and 
 other property, justly due to such new district, according to 
 the taxable property of the respective parts of such former 
 district, at the time of the division, by the best evidence 
 within their reach, and such amount of any debt due from 
 the former district, which would have been a charge upon 
 the new, had it remained in the former district, shall be de- 
 ducted from such proportion. 
 
 Section 421. The town board shall certify to the district 
 clerk of each district retaining a school-house or other prop- 
 erty, the amount ascertained by them as the proportion to be 
 paid to the new district, and such amount shall be embodied 
 in the next statement of taxes to be made by the district 
 clerk to the town clerk, as required by section four hundred 
 and seventy- two, and shall be collected and paid to the treas- 
 urer of the new district, to be applied toward providing a 
 school-house therefor; and the money so received shall be 
 allowed to the credit of the taxable property, taken from the 
 district paying the same, in reduction of any tax that may 
 be imposed on said taxable property in the new district for 
 the building of the school-house; but in case the new dis- 
 trict shall have raised a tax and provided a school-house 
 before such money shall have been received, the treasurer of 
 the new district, who shall receive or have the amount so 
 paid him or his predecessor, shall pay on demand each 
 tax-payer the amount actually paid by him in school-house 
 taxes, in excess of the amount he would have paid, if the 
 money had been received and credit given before such taxes 
 were collected, and the treasurer shall be liable therefor on 
 his official bond.* 
 
 The two foregoing sections have reference to cases in which 
 new districts are formed from territory detached from dis- 
 tricts possessed of a school-house or other property. When 
 territory is merely transferred from one district to another, 
 no claim will lie against the district yielding territory on ac- 
 count of property. 
 
 By "property" is meant lands, tenements, hereditaments, 
 money, goods, chattels, things in action, and evidences of 
 debt. The division of the share of the income of the school 
 fund that may be due the district, is provided for, in a cer- 
 tain case, in section 558. 
 
 The appraisal and award should be made at the time of 
 
 *See form No. 10. 
 
18 
 
 the formation of the new district but will be legal if neces- 
 sarily delayed. 
 
 If the duty is wholly neglected by the supervisors ; or, the 
 award being made by them, if the clerk of the old district 
 neglects his duty, the remedy in either case is by mandamus. 
 
 No vote of the old district is required to raise the amount 
 to Avhich the new district becomes entitled under the action 
 contemplated by section 421. This tax cannot be collected 
 as a special district tax ; it must be returned to the town 
 clerk by the district clerk, as certified to him by the town 
 board. 
 
 In case the new district shall decide to build a school- 
 house and shall raise a tax for this purpose, the law provides 
 that the amount paid by the old district shall be paid to the 
 persons liable to be taxed, residing in that part of the new 
 district formerly belonging to the old, so as to equal the 
 abatement that would have been made in the tax levied 
 upon the property of such persons, had the tax contemplated 
 by section -421 been raised and paid over, before the school- 
 house tax for the new district was levied. 
 
 DISTRICTS PARTLY IN CITIES AND VILLAGES. 
 
 Section 422 . Whenever any school-district shall lie partly 
 in a city, or village incorporated by special act, and partly 
 in an adjoining town or towns, the common council of such 
 city or trustees of such village and the town boards of such 
 towns may alter or extinguish the same in the manner in 
 which any other joint school-district may be altered or ex- 
 tinguished ; but no new joint district shall be formed, which 
 shall embrace any part of a city. 
 
 This section makes express provision for a particular class 
 of joint districts, and forbids the formation of any new joint 
 district which shall embrace part of a city. 
 
 It also takes the place of chapter eighty-two of the gen- 
 eral laws of 1873. 
 
 Section 423. Whenever any school district for two or 
 more successive years neglects to maintain a public school 
 as required by law, the town board of the town, embracing 
 the district, shall attach the same to such other adjoining 
 district or districts in the town as they shall judge proper; 
 and if the district be a joint district, then the town boards 
 of the several towns shall attach the respective parts thereof 
 to other districts in their respective tow^ns. 
 
14 
 
 Section 418 gives power to the town board to extinguish a 
 district at any time by attaching its territory to other dis- 
 tricts; but it will be seen from this section that it is their duty 
 to extinguish such districts as fail to maintain a school for 
 two years. The mere neglect or failure to elect officers does 
 not extinguish the district. The organization may be re- 
 stored, as provided in section 414. 
 
 Section 424. In every case where a district shall become 
 dissolved by reason of the attachment of all its territory to 
 some other district or districts, the town boards of the 
 several towns embracing such district shall take charge of 
 the property belonging to the same at the time of its disso- 
 lution, dispose of the same by grant or otherwise, and apply 
 the proceeds to the discharge of its debts, paying over the 
 remainder, if any, to the treasurers of the districts to which 
 the territory has been attached, in proportion to the valua- 
 tion of the property attached to each, as appears from the 
 last tax rolls of the respective towns. 
 
 A district is extinguished or dissolved only when its parts 
 are attached to other districts so that no part of the original 
 district remains. If any part of it remains as a distinct dis- 
 trict, although its name and number may be changed, it is 
 not dissolved in the sense contemplated by law.* 
 
 In case a joint district is dissolved, the supervisors of the 
 towns in which the different parts of such district are 
 situated, should unite in the sale of the property, and in 
 executing the deeds of the real estate. 
 
 If the supervisors proceed to sell any property formerly 
 belonging to a district that has become dissolved, they 
 should require cash payment, and should give notice that a 
 condition of the sale is the full payment within a limited 
 number of hours — and that if such payment is not made, 
 the property will be offered again for sale without further 
 notice. All conditions of sale should be mentioned in the 
 posted notices. 
 
 The supervisors are first to apply the proceeds of the sales 
 to the payment of the debts of the district extinguished. 
 These debts must be ascertained from the district board of 
 such district, and no money should be paid except upon a 
 
 *See the comments on Section 417. 
 
15 
 
 written order of a majority of the district board. If debts 
 are claimed which a majority of tha district board will not 
 admit, the amount thus claimed may be retained by the su- 
 pervisors, until the legal proceedings commenced for the col- 
 lection of the same have been concluded. 
 
 The last assessment roll is that upon which a tax has been 
 or may be legally raised, and should be made the basis for 
 the apportionment of the balance of monej' remaining after 
 all the debts of an extinguished district are paid. In case 
 there is an unexpended tax found in the hands of the treas- 
 urer of the extinguished district, the equitable mode of dis- 
 tribution is to pay over to the treasurers of the districts to 
 which the territory has been attached, the proportionate 
 amount contributed by such territory. If, however, there is 
 found belonging to the extinguished disurict money derived 
 from the town tax for schools, or from the income of the 
 common school fund, such money should be distributed to 
 the districts in proportion to the number of children over 
 four and under twenty years of age, residing in the parts 
 annexed to them respectively. 
 
 Though the statute specifies no time within which the su- 
 pervisors are required to dispose of the property of an ex- 
 tinguished district, there can be no valid reason for any 
 longer delay than is necessary to ascertain the outstanding 
 liabilities. If pending litigation puts it out of their power 
 to act immediately,, they should improve the earliest favora- 
 ble opportunity to settle the affairs of the district. 
 
 If two districts are consolidated, the public money which 
 either may have in the hands of the town treasurer, or in 
 the hands of its own treasurer, unexpended, becomes appli- 
 cable to the payment of teachers' wages in the consolidated 
 district. If there is any money due to a teacher of either 
 of the districts consolidated, it should be drawn before the 
 order of consolidation takes effect. 
 
 ANNUAL MEETING. 
 
 As amended by chapter 69, laus of 1882, and chapter 298, laws of 1883. 
 
 Section 425. The annual meeting in all school-districts 
 in this state shall be held on the first Monday of July in 
 each year. The hour of such meeting shall be seven o'clock 
 
16 
 
 in the afternoon, unless otherwise provided by a vote of the 
 district, duly recorded, at the last previous annual meeting. 
 It shall be the duty of the district board of each school-dis- 
 trict in this state to meet on the Saturday immediately pre- 
 ceding the first Monday of July in each year, and carefully 
 examine the accounts of the treasurer, and make up a full 
 and itemized report of all receipts and expenditures since 
 the last annual meeting; the amount in the hands of the 
 treasurer, or the amount of deficit for which the district is 
 liable, and the estirnated sum which will be required to 
 be raised by taxes for the support of the school for the en- 
 suing year: and the amount required to pay the interest or 
 principal of any loan due or to become due during such 
 year; which report shall be submitted in writing at the 
 annual meeting, and recorded at length, with the action of 
 the meeting thereon, by the clerk, with the records of the 
 proceedings of the annual meeting. All school district offi- 
 cers whose term of office would expire at the time of the 
 holding of tile annual meetings in the years 1882, 1883 and 
 1884, shall continue to hold the respective offices to which 
 they have been elected until the time of holding the annual 
 meetings in the years 1883, 1884 and 1885, and at the annual 
 meetings held as provided in this section during the years 
 last mentioned, successors to such incumbents, whose terms 
 of office would otherwise have expired in the months of July, 
 August or September, 1882, 1883 or 1884, shall be elected for 
 the full term of three years for each office thus expiring. 
 
 By this section, the former provisions for holding an- 
 nual meetings at different times by districts maintaining 
 graded schools, and by districts not maintaining graded 
 schools, and by the same districts according to the vote of 
 the district, are repealed. All annual school meetings in 
 the several school districts of the state are now held on the 
 same day. 
 
 The hour of meeting may be changed by a vote of the dis- 
 trict at an annual meeting, but such vote can bear only on 
 the next ensuing annual meeting. If no other hour is de- 
 termined by vote, seven o'clock in the afternoon is the hour 
 fixed by law. 
 
 A new provision is added which requires school district 
 boards to meet on the Saturday immediately preceding the first 
 Monday in July, in each year, examine the accounts of the 
 treasurer, and make up an itemized report of all receipts 
 and expenditures for the year preceding, the amount on 
 hand, if any, the amount of indebtedness, if any, and esti- 
 
17 
 
 mates of the amount necessary to be raised by taxation for 
 all purposes for ensuing year. This report must be submit- 
 ted in writing to the annual meeting, and recorded at length 
 by the clerk, in the records of the district. 
 
 All terms of office extended by amendments to this section 
 in 1883 and 1883 expire during the year 1885. 
 
 Section -l^G. The clerk shall give at least six days' pre- 
 vious notice of every annual district meeting, by posting 
 notices therefor in four or more public places in the district, 
 one of which shall be affixed to the outer door of the school- 
 house, if there be one in the district; and he shall give like 
 notices for every adjourned district meeting, when such 
 meeting shall have been adjourned for more than one- 
 month; but no annual meeting shall be deemed illegal for 
 want of due notice, unless it shall appear that the omission., 
 to give such notice was willful and fraudulent.* 
 
 In order to give publicity to the annual meeting, the 
 statute directs the clerk to post notices therefor in at least- 
 four public places in the district, but such notice is not essen- 
 tial to the validity of the meeting. The foundation of the- 
 meeting is the statute, or the order of a previous annual 
 meeting, and not posting the notice for it.f The time and 
 place for holding it may always be ascertained by examining 
 the records of the district, and the objection that notice was 
 not duly posted, is not well taken. 
 
 It is, however, the duty of the district clerk to give care- 
 fully the notice required for the annual meeting, and for 
 neglect of duty he is liable to a fine, under the provisions of 
 section 500. The notice should be given at least one week 
 before the time for the meeting, and should also embrace 
 the time of day and the place of meeting; also the more 
 important items of business to be transacted; for while the 
 law does not require this to be done, it will help to secure a 
 full attendance, which is most desirable. But it is to be 
 borne in mind that the object of the notice for the annual 
 meeting is to assemble the inhabitants, and that when so 
 assembled, their, powers are defined, not by the notice, but 
 by the^ilpjtute. 
 
 If there is a willful and fraudulent omission to give notice, 
 
 *S?e Forms, Nos. 11 and 13. fb Hill, N. Y., 647. 
 2— S. C. 
 
18 
 
 the meeting: may be judged illegal. Indeed, the action of 
 an annual meeting held without due notice, will usually be 
 looked upon with suspicion, and the state superintendent 
 will not hesitate to sustain an appeal taken from such action, 
 when it is made to appear that no proper opportunity has 
 been afforded the people of a district to express their will. 
 It should be noted that when a meeting is adjourned for 
 more than one month, notice must be given, the same as for 
 the original meeting. 
 
 By chapter 251, law» of 1883, district clerks are required to 
 embody in the notice for an annual meeting, the fact that 
 the question of a change of text-books will be submitted to 
 the^meeting. See comments on Section 440. 
 
 SPECIAL MEETING. 
 
 Section 427. Special district meetings may be called by 
 the clerk, or, in his absence, by the director or treasurer, on 
 the written request of five legal voters of the district, in the 
 manner prescribed for calling an annual meeting; and the 
 electors, when lawfully assembled at a special meeting, shall 
 have power to transact the same business as at the first and 
 each annual meeting, except the election of officers. The 
 business to be transacted at any special meeting shall be 
 particularly specified in fche notices calling the same, and 
 said notices shall be posted six full days prior to the meet- 
 ing. No tax or loan or debt shall be voted at a special 
 meeting, unless three-fourths of the legal voters shall have^ 
 been notified, either personally or by a written notice loft r^ 
 at their places of residence, stating the time, place, and ob- 
 jects of the meeting and specifying the amount proposed to 
 be voted, at least six days before the time appointed 
 therefor.* 
 
 Exigencies will often arise requiring special meetings, and 
 the power granted by the statute to call them should be 
 liberally exercised for the benefit of the district. It is the 
 duty of the clerk to call special meetings whenever requested 
 to do so by the required number of legal voters. " The 
 word may means must or shall only in cases where the pub- 
 lic interests or rights are concerned- and where the public 
 o^r third persons have a claim de jure that the power should 
 be exercised."! "When public corporations or officers are 
 authorized to perform an act for others, which benefits them, 
 
 *See forms Nos. 13 and 14 fS John Ch. 113. 
 
19 
 
 then the corporations or officers are bound to perform the act. 
 The power is given them not for their own, but for the bene- 
 fit of those in whose behalf they are called upon to act, and 
 such is presumed to be the legislative intent. In such cases 
 they have a claim de jure to the exercise of the power."* The 
 fact that the district clerk does not approve of the objects 
 sought by those who request him to call a special meeting, 
 is not a good cause for refusing to accede to the request. 
 
 Any business that can be done at an annual meeting can 
 be done at a special meeting, properly called, except the 
 election of officers, voting a tax to compensate the clerk, 
 and authorizing a change in text-books. The notice for a 
 special meeting may be given by the director or treasurer 
 in case of a vacancy in the office of clerk, or if that officer 
 is absent or incapable of acting. All notices for special 
 meetings must "particularly specify" the business to be 
 transacted thereat, nor can business not thus clearly men- 
 tioned be legally acted upon. If voting a tax, loan or debt 
 be a part of the business proposed, not only must notices be 
 posted in not less than four public places in the district, but 
 in addition to this, notice must be sewed personally upon at 
 least three-fourths of the legal voters of the district. 
 
 A special meeting may rescind any action taken at the 
 annual meeting, if proper notice has been given; but if rights 
 have been acquired, by third parties, under previous action, 
 those rights cannot be set aside by the vote of the district. 
 This includes the rights of persons elected to a district office. 
 
 " Six full days " requires the notice to be given as early as 
 on the seventh day before the time designated. 
 
 QUALIFICATIONS OF VOTERS. 
 
 I 
 
 Section 428. Every person shall be entitled to vote in any 
 school-district meeting, who is qualified to vote at a general 
 election for state and county officers, and who is a resident 
 of such school-district. 
 
 The qualifications of voters at a general election are de- 
 clared by section 12, of the revised statutes, to be as follows: 
 
 Section 12. Every male person of the age of twenty-one 
 years, or upward, belonging to either of the following 
 
 *9 Wis. 312. 
 
20 
 
 classes, who shall have resided in the state for one year next 
 preceding any election, shall be deemed a qualified elector 
 at such election: 
 
 1. Citizens of the United States, 
 
 2. Persons of foreign birth who shall have declared their 
 intention to become citizens, conformably to the laws of the 
 United States on the subject of naturalization. 
 
 3. Persons of Indian blood who have once been declared 
 by law of congress to be citizens of the United States, any 
 subsequent law of congress to the contrary notwithstanding. 
 
 4. Civilized persons of Indian descent, not members of 
 any tribe. 
 
 Every person convicted of bribery shall be excluded from 
 the right of suffrage, unless restored to civil rights; and no 
 person who shall have made or become directly or indirectly 
 interested in any bet or wager, depending upon the result of 
 any election, at which he shall offer to vote, shall be per- 
 mitted to vote at such election. 
 
 Being first qualified to vote at a general election, the right 
 to vote in any school-district depends upon being a resident 
 thereof. Every man is supposed by the law to have a legal 
 residence somewhere, and he can have but one at a time. 
 • [The legislature, at the session of 1885, passed the follow- 
 ing act, to provide for extending to women the right of suf- 
 frage upon school matter/ If this proposition is sustained 
 by a majority of the leg^l voters in the state voting upon the 
 question at the general election to be held in November, 1886, 
 thereafter the class of women therein designated will be 
 entitled to participate in proceedings of school-district meet- 
 ings. The act is inserted here for information,] 
 
 Section 1 . Every woman who is a citizen of this state, of 
 the age of twenty-one years or upwards (except paupers, 
 persons under guardianship, and persons otherwise excluded 
 by section 2, of article 3, of the constitution of Wisconsin), 
 who has resided within the state one year, and in the elec- 
 tion district where she offers to vote, ten days next preced- 
 ing any election pertaining to school matters, shall have a 
 right to vote at such election. 
 
 Section 2. At the general election to be held on the Tues- 
 day next succeeding the first Monday in November, A. D. 
 1886, at all the usual places of holding elections in this state, 
 for the election of all officers required by law then to be 
 elected, the question whether this act shall go into effect or 
 in any manner be in force shall be submitted to the people, 
 and if the same shall be approved by a majority of all the 
 votes cast on that subject, it shall go into effect 
 and be in force from and after the date of said election, 
 
21 
 
 otherwise it shall not go into effect or in any manner be in 
 force. 
 
 Section 3. The votes cast upon the subject specified in 
 the last preceding section, shall be by separate ballot, and 
 shall have written or printed or partly written and partly 
 printed on each of them the words, "For Woman Suffrage 
 in School Matters,"" or 'Against Woman Sutt'rage in School 
 Matters," which words shall indicate the vote of the elector 
 for or against the approval of this act ; and the ballots so 
 cast shall be canvassed and returned in the same manner as 
 the votes cast for state officers are required by law to be 
 canvassed, and the secretary of state shall immediately on 
 the completion of said canvass, publish a statement of the 
 result thereof, in some newspaper printed at the seat of 
 government, and shall communicate the same to the next 
 legislature at the commencement of its session. 
 
 The rules for determining the residence of electors are laid 
 down in section 37 of the revised statutes, and are printed 
 here for convenience: 
 
 Section 37. In determining the question of residence as 
 a qualification to vote, the following rules, so far as appli- 
 cable, shall govern, and if a person offering to vote be chal- 
 lenged as unqualified on the ground of residence, the 
 inspectors shall admonish him of such rules and put to him 
 such further questions as shall be proper to elicit the facts in 
 respect thereto, namely: 
 
 Fii^sf. As prescribed in the constitution, no person shall be 
 deemed to have lost his residence in this state by reason of 
 his absence on business of the United States, or of this state; 
 and no soldier, seaman, or marine, in the army or navy of 
 the United States, shall be deemed a resident of this state in 
 consequence of being stationed within the same. 
 
 Second. That place shall be considered and held to be the 
 residence of a person, in which his habitation is fixed, with- 
 out any present intention of removing therefrom, and to 
 which, whenever, he is absent, he has the intention of re- 
 turning. 
 
 Third. A person shall not be considered or held to have 
 lost his residence, who shall leave his home and go into 
 another state, or county, town, or ward of this state, for 
 tempoi'ary purposes merely, with an intention of returning. 
 
 Fourth. A person shall not be considered to have gained 
 a residence in any town, ward or village of this state into 
 which he shall have come for temporary purposes merely. 
 
 Fifth. If a person remove to another state with an inten- 
 tion of making it his permanent residence, he shall be con- 
 sidered and held to have lost his residence in this state. 
 
 Sixth. ]f a person remove to another state with the inten- 
 tion of remaining there for an indefinite time, and as a 
 place of present residence, he shall be considered and held 
 
22 
 
 to have lost his residence in this state, notwithstanding- 
 he may entertain an intention to return at some future pe- 
 riod. 
 
 Seventh. The place where a married man's family resides 
 shall generally be considered and held to be his residence, 
 but if it is a place of temporary establishment for his family 
 or for transient objects, it shall be otherwise. 
 
 Eighth. If a married man has his family fixed in one place, 
 and iie does his business in another, the former shall be con- 
 sidered and held to be his place of residence. 
 
 Ninth. The mere intention to acquire a new residence 
 without the fact of removal, shall avail nothing; neither 
 shall the fact of removal without intention. 
 
 Tenth. If a person shall go into another state, and while 
 there exercise the right of a citizen by voting, he shall be 
 considered and held to have lost his residence in this state. 
 
 Eleventh. No person shall be deemed to have gained a 
 residence in any town, ward, or village in this state, so as to 
 entitle him to vote at any election therein, by remaining in 
 such town, ward, or village as a pauper supported by the 
 town or county in which he shall be living at the time of 
 such election ; and no person shall be deemed to have lost 
 his residence in any town, ward, or village, by remaining in 
 any other town, ward, or village as such pauper, 
 
 CHALLENGING VOTES. 
 
 Section 4:i9. If a person offering to vote at a school-dis- 
 trict meeting shall be challenged as unqualified by any legal 
 voter in such district, the chairman presiding at such meet- 
 ing shall declare to the person challenged the qualifications 
 of a voter; and if such person shall declare that he is a 
 voter, and if such challenge shall not be withdrawn, the 
 chairman shall tender him the following oath or aflarma- 
 tion: "You do solemnly swear (or affirm, as the case may 
 be) that you are an actual resident of this school-district, 
 and that you are qualified according to law to vote at this 
 meeting." And every person taking such oath or affirma- 
 tion shall be permitted to vote on all questions proposed at 
 such meeting; and if the person shall _ refuse to take such 
 oath or affirmation, his vote shall be rejected. 
 
 Section 3G of the revised statutes prescribes certain ques- 
 tions which may be asked by inspectors of elections of per- 
 sons whose votes are challenged. Four classes of these 
 questions are given, as those which will most frequently aid 
 in determining the qualifications of a voter, though the 
 chairman of a district meeting cannot, like an inspector of 
 elections, require the person challenged to answer the ques- 
 tions under oath. 
 
23 
 
 " Section 30. If a person offering to vote is challenged as 
 unqualified,, one of the inspectors shall tender to him the 
 following oath or affirmation: You do solemnly swear (or 
 affirm) that you will fully and truly answer all such ques- 
 tions as shall be put to you touching your place of residence 
 and qualifications as an elector of this election; and shall 
 thereupon put questions as follows: 
 
 Fifst. If the person shall be challenged as unqualified, 
 on the ground that he is not a citizen and has not declared 
 his intention to become a f^itizen: 
 
 1. Are you a citizen of the United States? If no, then— 
 
 2. Have you declared your intention to become a citizen 
 of the United States, conformably to the laws of the United 
 States? 
 
 3. When and where did you declare your intention to be- 
 come a citizen of the United States? 
 
 Second. If th.e person be challenged as unqualified on the 
 ground that he has not resided in this state for one year im- 
 mediately preceding the election: 
 
 1. How long have you resided in this state immediately 
 preceding this election? 
 
 2. Have you been absent from this state within the year 
 immediately preceding this election? If yes, then — 
 
 3. When you left did you leave for a temporary purpose, 
 with the design of returning, or for the purpose of remain- 
 ing away? 
 
 4. What state or territory did you regard as your home 
 while absent? 
 
 0. Did you, while absent, vote in any other state or terri- 
 tory? 
 
 Third. If the person be challenged as unqualified on the 
 ground that he is not a resident of the county, town or ward 
 where he offers his vote, the inspectors or one of them, shall 
 put the following questions: 
 
 1. When didyou last come into this county, town or ward? 
 
 2. Did you come for a temporary purpose merely, or for 
 the purpose of making it your home? 
 
 3. Did 3'ou come into this county for the purpose of voting 
 in this county? 
 
 4. Are you now an actual resident of this county or ward, 
 and what is the particular description, name, and location of 
 your place of residence? 
 
 Fourth. If the person be challenged as unqualified on the 
 ground that he is not twenty-one years of age, the inspec- 
 tors, or one of them, shall put the following question: 
 
 Are you twenty-one years of age, to the best of your 
 knowledge and belief? 
 
 The ordinary grounds upon which a person offering to 
 vote at a district meeting may be disqualified, are: 
 
24 
 
 1. That he is not a citizen of the United States and has 
 not duly declared his intention to become one. 
 
 2. That he has not resided in the state one year immedi- 
 ately previous. 
 
 3. That he is not a resident of the district. 
 
 4. That he is not twenty- one years of age. 
 
 The chairman of a district meeting is not required by law 
 to put any of the foregoing questions to a person w^hose vote 
 is challenged, on any of these grounds; but it will not be 
 improper for him to do so, according to the circumstances of 
 the case, for the information of the electors present. 
 
 If a person who is unqualified is allowed to vote without 
 being challenged, those objecting to the proceedings must 
 show that they did not know him to be unqualified. A chal- 
 lenge should be interposed at the first instance in which 
 such person offers his vote, for it is not just for one to avail 
 himself of a vote so long as it is cast so as to carry out his 
 views, and then be permitted to object when the voter 
 differs with the challenger. 
 
 The chairman of a district meeting has no right, under 
 the statute, to prohibit from voting any male person who 
 takes the oath required by the law\ It will, however, be 
 competent for the State Superintendent to correct and set 
 aside, on appeal, all proceedings carried by votes clearly 
 illegal, if the result depends upon them. It is the duty of 
 the chairman of the district meeting to permit any person 
 challenged, to take the oath required by law, and a refusal 
 on his part to perform this duty will be considei^ed good 
 ground for setting aside the proceedings of the meeting. 
 
 Proceedings will not be set aside on account of illegal 
 votes, unless a different result would have followed the ex- 
 clusion of such votes. 
 
 "The mere circumstance that improper votes are received 
 at an election will not vitiate it. The fact should be shown 
 affirmatively, that a sufficient number of improper votes 
 was received for the successful ticket, to reduce it to a mi- 
 nority if they had been rejected; or the election shall stand." * 
 
 If the nominee for chairman is challenged, the person 
 
 * r Cow., N. y. 
 
25 
 
 making the nomination usually acts as temporary chairman, 
 and should require the person challenged to take the oath 
 prescribed by the statute. 
 
 POWERS OF A DISTRICT AT A SCHOOL MEETING. 
 
 As amended by Chapter 124:, Laws of 1885. 
 
 Section 430. The inhabitants of any school-district qual- 
 ified by law to vote at a school-district meeting, when as- 
 sembled at the first and at each annual meeting in their dis- 
 trict, or at any adjournment thereof in their district, shall 
 have power: 
 
 1. To appoint a chairman for the time being, and in the 
 absence of the clerk, to appoint some person to act in his 
 stead, and the person so appointed shall certify the proceed- 
 ings of such meeting to the district clerk, who shall enter 
 the same in the records of the district, and file and preserve 
 the certificate of such temporary clerk. 
 
 2. To adjourn from tune to time as occasion may require. 
 
 3. To choose a director, treasurer, and clerk. 
 
 4. To designate a site for a district school-house. 
 
 5. To vote such tax, as the meeting shall deem sufficient, 
 to purchase or lease a suitable site for a school-house, to 
 build, hire or purchase a school-house, and to keep in repair 
 and furnish the same with the necessary fuel and appen- 
 dages: provided, that no district containing a population of 
 less than two hundred and fifty inhabitants shall have power 
 to levy and collect a tax for building, hiring or purchasing 
 a school-house of more than six hundred dollars in any one 
 year, unless the town board of the town in which such 
 school-house is to be situated shall certify, in writing, that 
 in their opinion a larger sum should be raised, specifying 
 such sum; in which case an amount not exceeding the sum 
 specified may be raised; provided further, that no district, 
 containing a population of less than one thousand inhabi- 
 tants may have power to raise and collect in any one year, 
 for the purposes above specified, more than one thousand 
 dollars, unless the town board shall certify as above set 
 forth. ' 
 
 C. To vote such tax as the meeting shall deem proper for 
 the payment of teachers* wages in the district; provided, 
 that for such purposes, in all school districts having an av- 
 erage attendance at school, for the year, of fifteen scholars 
 or less, not more than three hundred and fifty dollars shall 
 be raised in any one year; in all school-districts having an 
 average attendance of not more than thirty nor less than 
 fifteen scholars, not more than four hundred and fifty dol- 
 ars shall be raised in any one year; and in all school districts 
 having an average attendance of not more than forty nor 
 
26 
 
 less than thirty scholars, not more than five hundred and 
 fifty dollars shall be raised in any one year. 
 
 7. To authorize and direct the sale of any school-house 
 site or other property belonging- to the district, when the 
 same shall be no longer needed for the use of the district. 
 
 8. To impose such a tax as may be necessary to discharge 
 any debts or liabilities of the district lawfully incurred. 
 
 9. To vote a tax not exceeding seventy-five dollars in any 
 one year for the purchase of maps, blackboards, and school 
 apparatus. 
 
 10. To vote a tax not exceeding one hundred dollars in 
 any one year, for a district library, consisting of such books 
 as they may direct their district board, at a district meeting, 
 to purchase; said books to be selected under the advice of 
 the state superintendent: provided, that any school-district 
 having less than two hundred children of school age, shall 
 not vote a tax exceeding fifty dollai'S, in any one year, for 
 such library; and that no district containing a population of 
 less than two hundred and fifty inhabitants shall have 
 power to levy and collect a tax of more than five hundred 
 dollars in any one year for any purpose other than for the 
 purposes prescribed in the fifth subdivision of this section, 
 and for the payment of the principal and interest of any 
 loan due the state. 
 
 11. To authorize the district board to borrow money as 
 provided elsewhere in these statutes. 
 
 12. To authorize the district board to admit to the privi- 
 leges of the school persons over twenty years of age, and 
 persons not residing in the district, whenever such admis- 
 sion will not interfere with the accommodation or instruc- 
 tion of the scholars residing therein; and to fix a fee for 
 tuition per term, quarter, or year, to be charged to the per- 
 son thus admitted. 
 
 13. To authorize the district board to purchase text-books 
 for use in the public schools, to be loaned or furnished pupils 
 under such conditions as, by such vote and regulations of 
 the board thereunder, may be prescribed. 
 
 14. To determine the length of time a school shall be 
 taught in their district the then ensuing year, which shall 
 not be less than six months; and whether such school shall 
 be taught by a male or female teacher or both, and whether 
 the school money to which the district is entitled from the 
 school fund income, and from the town shall be applied to 
 the support of the summer or winter school, or a certain 
 portion to each, but if such matters shall not be determined 
 at the annual meeting, the district board shall determine the 
 same. 
 
 15. To give such direction and make such provision as 
 may be necessary, in relation to tiie prosecution or defense 
 of any action or proceeding in which the district may be a 
 party or may be interested. 
 
i27 
 
 16. At the annual meeting only, to vote a tax to com- 
 pensate the clerk, which, in districts supporting graded 
 and high schools, shall be such sum as may be voted, and 
 in other districts not more than ten nor less than five 
 dollars. 
 
 17. To alter or modify their proceedings, as occasion may 
 require. 
 
 Chapter 118, Laws of 1879. 
 
 Section 1. The total amount of school district tax, here- 
 after levied in any school district in this state, in any one 
 year, for building, hiring or purchasing any school building, 
 and for the maintenance of schools, including teachers' 
 wages and incidental expenses, shall not exceed five per 
 cent, of the total assessed valuation of taxable pr&perty in 
 such school-district for the current year. 
 
 Attendance iiJ)on the school meeting of the district is 
 among the most important of public duties, and a sincere 
 desire to promote harmony of feeling and a concert of action 
 should manifest itself in the order, regularity, and courtesy 
 with which the proceedings are conducted. Every consist- 
 ent effort should be made to afford an opportunity for the 
 expression of the will of a majority of the voters of the 
 district upon all points. 
 
 The law does not determine the number necessary to con- 
 stitute a quorum for the transaction of business. The action 
 of a meeting, due notice of which has been given, and the 
 proceedings of which are regular, will be sustained, though 
 only a minority of the voters of the district may be present; 
 but when, on account of extraordinary circumstances, the 
 attendance is very small, courtesy, as well as the considera- 
 tion of the best interests of the district, demands an adjourn- 
 ment for a week or more. 
 
 The action of the meeting is determined by a majority of 
 those present and voting. The rule of common law is, 
 '•' whenever electors are present, and do not vote at all, they 
 virtually acquiesce in the election made by those who do.'' 
 (^ Burr, 1,051.) Those who are present, but silent, must be 
 held to assent to what the others do in carrying out the 
 legal purposes of the meeting. 
 
 The law does not prescribe the manner in which the 
 electors shall vote in the transaction of business. In all 
 
28 
 
 important things it is better to have a rising vote or a call 
 of the yeas and nays, and in the election of officers to vote 
 by ballot. 
 
 In the further exposition of this important section, defin- 
 ing the powers of a district, such comments as seem neces- 
 sary are placed under the several subsections, which are 
 therefore given again, separately. 
 
 The electors assembled in annual meeting (or at the first 
 
 meeting, the district having first effected an organization), 
 
 have power : 
 
 1. To appoint a chairman for the time being, and in the 
 absence of the clerk, to appoint some person to act in his 
 stead, and the person appointed shall certify the proceedings 
 of such meeting to the district clerk, who shall enter the 
 same in the records of the district, and file and preserve the 
 certificate of such temporary clerk. 
 
 At the first meeting of a newly formed, district, some 
 person will call the meeting to order, nominate a chairman, 
 put the question, and declare the result. At subsequent an- 
 nual meetings, if the director be present, it will be proper 
 for him to perform this duty, though any elector is compe- 
 tent to act. The person elected chairman will at once take 
 the chair, and if the district clerk be absent, the chairman 
 will announce the fact, and ask that a clerk may be ap- 
 pointed pro tern. This will also be done, if it is the first 
 meeting of the district. The person appointed chairman is 
 not deprived of his right to vote on any question submitted 
 to the meeting. He is not a permanent presiding officer, 
 but merely a voter in the chair. He may give a casting vote, 
 in case of a tie, or he may vote with the minority, when 
 there is otherwise a majority of one in favor of any resolu- 
 tion, and thus make it a tie vote, which defeats the resolu- 
 tion • or he may vote upon a call of the yeas and nays when 
 his name is reached. He can, however, cast but one vote 
 upon the question. 
 
 It is not proper to appoint any person chairman who is 
 not a voter in the district. 
 
 The chairman must put to vote every motion or resolution 
 that is seconded, unless he deems such motion or resolution 
 to be out of order, and so declares. If the person making 
 
29 
 
 the motion regards the decision of the chairman erroneous^ 
 it is his right to appeal to the meeting from such decision, 
 and if the appeal is seconded, it is the duty of the chairman 
 to put the question, '' Shall the decision of the chair be sus- 
 tained?" In case the meeting refuses to sustain the decision, 
 it is the duty of the chairman to put the original question; a 
 refusal to do so is disorderly, and the meeting has power to 
 select another person for chairman, who will conform to its 
 decision. The motion for this purpose may be put by the 
 clerk, and the result should be declared by him. The chair- 
 man should carefully avoid any arbitrary or partial action 
 or ruling, and give all an equal chance to be heard. 
 
 There is no code of rules for regulating the proceedings 
 of district meetings, and hence that must be held to be legal 
 to which a majority consents. The office of chairman is to 
 aid in ascertaining the will of the majority of the meeting. 
 In case the action of the meeting is illegal, the remedy is 
 by appeal, but a mere unintentional non-observance of 
 technical parliamentary rules is not sufficient reason for 
 taking an appeal, nor will an appeal probably be sustained 
 on this ground. 
 
 2. To adjourn from time to time as occasion may require. 
 
 A motion to adjourn takes precedence of all others. A mo- 
 tion to adjourn indefinitely takes precedence of a motion to 
 adjourn to a day fixed. If the first fails to carry, the ques- 
 tion will then be put upon the second. If a majority are in 
 favor of adjourning, they cannot withdraw from the meet- 
 ing until the question has been put and declared carried by 
 the chan'man, without leaving the minority in possession of 
 all the powers in the district. A motion to adjourn cannot 
 be received after another question is actually put to vote, 
 and while the meeting is engaged in voting upon it, but in 
 such case the vote must be concluded and the result an- 
 nounced by the chairman. If the meeting adjourns indefi- 
 nitely all questions pending are discontinued, and they can 
 be renewed only upon a fresh proposition; but if the ad- 
 journment is to a specified time, it is only a continuance of 
 the session; and the questions are to betaken up at the point 
 where they were left. The statute, however (see section4 26), 
 
30 
 
 provides that in case of an adjournment for a longer period 
 than one month, notice shall be given of the time and place 
 of holding the adjourned meeting, by posting written no- 
 tices therefor in four or more public places in the district, one 
 of which notices shall be fixed to the outer door of the 
 school-house, if there be one in the district; said notice to be 
 given at least six days previous to the time to which the 
 meeting adjourned. 
 
 3. To choose a director, treasurer and clerk. 
 
 Before the meeting proceeds to elect officers, the minutes 
 of the last annual meeting should be read, and those of such 
 special meetings as have been held during the year. The 
 reports of district officers should also be presented, and re- 
 ferred to a committee for examination, with instructions to 
 report at some later stage of proceedings. The reports 
 should be in writing, and should be carefully examined by 
 the committee, or by the meeting, if convenient. All school 
 officers should be held to a strict accountability for the faith- 
 ful performance of their duties, and the financial statements 
 submitted should be accompanied with vouchers for all 
 moneys expended. Reports of officers should be spread 
 upon the records, as papers that are merely filed are often 
 lost. 
 
 It has already been recommended that the election of offi- 
 cers be by ballot. This is the better way, especially in large 
 districts, with many voters. If a shorter method is resorted 
 to, the least satisfactory one is by ayes and noes given by 
 acclamation. In case the election is by some other method 
 than by ballot, the vote should be taken first on the first 
 nomination, and continued, if practicable, until some one 
 nominated receives a majority. If it is decided to go into a 
 ballot, the same rule applies, and not the rule of plurality. 
 As the provision of the constitution (Art. Ill, Sec. 3) that 
 "all votes shall be given by ballot, except for such 
 township officers •' as may be exempted by law, cannot be 
 held to refer to school districts, so the provision (of the gen- 
 eral statute relating to " elections other than for town offi- 
 cers ") that " the person having the highest number of votes 
 for any office shall be deemed to have been duly elected " 
 
31 
 
 (R. kS., Chap. V, Sec. 75), does not apply to the oflBcers of 
 school-districts. A school-district is left to adopt its own 
 method of choosing its officers; and if the ballot is used, a 
 majority determines the result, the same as in any other 
 mode of election, or in a vote upon any other ordinary 
 matter. 
 
 If no election is effected at the annual meeting, the meet- 
 ing may adjourn, but cannot elect any officers at an ad- 
 journed session held more than ten days after the annual 
 meeting. It is desirable that the district elect, either at the 
 annual meeting or at an adjourned session; for while the 
 law provides that any vacancies arising from non-election, 
 or otherwise, shall be filled by appointment, this may prove 
 less satisfactory. It should be noted that a person elected 
 at the annual meeting cannot be ousted at an adjourned pes- 
 sion. 
 
 One officer at least is to be elected each year, and after the 
 first election, in the following order : clerk, treasurer, direc- 
 tor. If a vacancy has occurred during the year past, which 
 has been filled by the district board or by the town clerk, 
 under the provisions of section 433, such appointment does 
 not hold more than ten days after the aimual meeting, and 
 it is the duty of the district meeting to elect a person to fill 
 such vacancy. The person thus elected will serve out the 
 unexpired term, whether the same be one or two years. It 
 will thus sometimes happen that more than one district 
 officer is to be elected at an annual meeting. 
 
 If a vacancy exists at an annual meeting from any other 
 cause than the expiration of the incumbent's term, it is ad- 
 visable that a resolution be passed declaring that such 
 vacancy exists, and stating the ground on which the meet- 
 ing regards the office vacant. It is for the meeting to judge 
 in the first instance whether a vacancy exists, and although 
 it may err in so declaring, the officer elected will be deemed 
 an officer de facto, and his acts in relation to the public and 
 third persons deemed valid, until his election is pronounced 
 void by competent authority. 
 
 If a mistake is made in stating the length of an unex- 
 pired term, the person elected will nevertheless serve to the 
 
32 
 
 end of the term, and no longer, as this matter is regulated 
 by law, and not by the vote of the district. 
 
 In the case of election at the first meeting of a district, 
 if two of the officers elected at once file their acceptances 
 with the clerk of the meeting, the district is then organized, 
 and may go on to transact other business. Otherwise, the 
 meeting should adjourn, as stated in the comments on sec- 
 tion 41 G. 
 
 4. To designate a site for a district school-house. 
 
 The site selected should contain at least one acre, and 
 should be as centrally located as circumstances will permit. 
 The future needs, as well as the present condition of the dis- 
 trict, should be considered, however, and hence it may not 
 be good policy to locate the site at the present center of 
 population. The surroundings should also be taken into 
 consideration. It is more important that the location should 
 be salubrious, quiet and pleasant, than that it should be 
 strictly central. The vicinity of stores, taverns, mills, etc., 
 is undesirable. A dry and sheltered spot should be chosen, 
 but not too far from all inhabitants. 
 
 In designating the site it should be so definitely described 
 that it can be laid out without reference to any other docu- 
 ment than the resolution locating it. The people of the dis- 
 trict cannot delegate power to the district board to desig- 
 nate the site, although they or a committee may be author- 
 ized and directed to make the necessary examination as to 
 location, price and title. The action of the meeting is, how- 
 ever, required to fix legally its location. After a site has 
 been designated, it does not become established until a title 
 has been acquired, or the district board has made a contract 
 binding upon the district for its purchase. The town board 
 has no power to designate the site at the time of forming a 
 new district, or at any other time, but may be called upon 
 to establish it, if necessary, as provided in sections 477-480. 
 
 5. To vote such tax, as the meeting shall deem sufficient, 
 to purchase or lease a suitable site for a school-house 
 to build, hire or purchase a school-house, and to keep in 
 repair and furnish the same with the necessary fuel 
 and appendages, provided, that no district contain mg a 
 population of less than two hundred and fifty inhabitants 
 
33 
 
 shall have the power to levy and collect a tax for building, 
 hiring, or purchasing a school-house of more than six hun- 
 dred dollars in any one year, unless the town board of the 
 town in which such school-house is to be situated shall cer- 
 tify, in writing, that in their opinion a larger sum should be 
 raised, specifying such sum; in which case an amount not 
 exceeding the sum specified may be raised; provided, fur- 
 ther, that no district containing a population of less than 
 one thousand inhabitants, shall have power to raise and 
 collect in any one year, for the purposes above specified, 
 more than one thousand dollars, unless the town board shall 
 certiiy as above jet forth. 
 
 The electors may vote such a tax as they " deem suflScient," 
 subject to the conditions imposed by law; and with the con- 
 sent of the supervisors of the town, previously obtained, 
 they may vote ' any sum not exceeding that approved by 
 those officers. If the district contains a population of one 
 thousand, or upwards, it may raise more than $1,000 with- 
 out first obtaining the consent of the supervisors. It is 
 quite proper, but not necessary, to designate a site before 
 voting a tax to build the school-house; neither is it neces- 
 sary that the site should be designated before levying a tax 
 to pay for the same. If the tax deemed sufficient is after- 
 wards found to be too small, an additional tax may be voted; 
 and, if too much is raised, the electors may appropriate the 
 same to any object for which they can legally raise a tax. 
 The expense of investigating the title and of recording the 
 deed may legally be included in the tax for a site. Although 
 the law authorizes the leasing of a site, it does not permit 
 the district to contract a permanent debt for future rent. 
 Land for a site is sometimes held under a lease granting it 
 for a consideration, paid in advance, for so long a time as 
 the same may be used for the purpose ot a public school. 
 It is always advisable that the district should own the site. 
 
 Sections 477 to 484 prescribe the course that must be pur- 
 sued when the district is unable to obtain the school-house 
 site selected or designated by a majority of the electors 
 thereof present at a regular meeting, on account of the re- 
 fusal of the owner to sell or lease the same, or on account of 
 the owner being a non-resident. In regard to the right of 
 the district to the school-house, at the expiration of the 
 3-S. C. 
 
34: 
 
 term for which the land upon which it is situated is held, 
 the law, as stated by Judge Harris (7 Barb., N. Y. R., 266), is 
 as follows: "Anyone who has a temporary interest in 
 land, and who makes additions to it or improvements upon 
 it, for the purpose of the better use or enjoyment of it, while 
 such temporary interest continues, may, at any time before 
 his right of enjoyment ceases, rightfully remove such addi- 
 tions and improvements. If he omit to sever the addition 
 or improvenient until his right of enjoyment ceases, such 
 an omission is to be deemed an abandonment of his right, 
 and thereafter the addition he has made becomes, to all in- 
 tents, a part of the inheritance, and the tenant, as well as 
 any other person who severs it, becomes a trespasser." 
 
 Although a tax may be levied before a title has been ac- 
 quired, yet the district board should not part with the 
 money before a conveyance of the site has been made, 
 
 A question sometimes arises in regard to incumbrance in 
 case of mortgage. The sum voted to purchase a site is held 
 to be all that the district can at any time be called upon to 
 pay for it; and hence the title should be free from incum- 
 brance, unless it was expressly understood at the meeting 
 voting the tax that the site was to be purchased subject to 
 the incumbrance resting upon it. When a site is purchased 
 which constitutes a part of the mortgaged tract, the rule of 
 law is that the remaining property of the mortgagor shall 
 first be sold, and if that is not sufficient to satisfy the mort- 
 gage, then of the remainder that which is conveyed latest 
 is to be sold first. It is always better to obtain a clear title, 
 and a district board is not justified in purchasing a site or in 
 contracting for a building upon it, if said site is incumbered 
 without an express vote authorizing them to do so. 
 
 The question also sometimes arises as to the legality of 
 connecting the school-house with other erections made for 
 different purposes, and under other control than that of the 
 district board. This department has held that a tax cannot 
 be voted for building a house for joint use as an academy 
 and school-house, or a church and school-house, and that 
 any partnership which does not secure to the district board 
 the complete control of the house for school purposes is 
 
35 
 
 illegal. In the case of Tracy vs. Talbot, (G Mad. R. 214), 
 Judge Holt held that " If a house, originally entire, be 
 divided into several apartments, with an outer door to each 
 apartment, and no communication with each other, the 
 several apartments shall be rated distinct mansion houses." 
 
 The supreme court of Massachusetts held, in case of George 
 vs. School District Mendon (G Mete, 510) as follows: "If, 
 under color of this corporate power of a school-district, the 
 inhabitants should vote to erect an expensive and orna- 
 mental building, with a view to improve the neighborhood, 
 to enhance the value of the real estate, to accommodate 
 societies, lectures, dramatic exhibitions, or to have a con- 
 venient place- for religious meetings or public worship, or for 
 any other use than that of a district town school, it would 
 not be within the legitimate authority of a school district^, 
 and any vote to levy a tax on the inhabitants for such a 
 purpose would be void."' 
 
 There may be distinct tenements under the same roof; and: 
 tenements are as essentially distinct when one is under the 
 other, as when one is by the side of the other. (1 Mete, 541.) 
 
 It is desirable that every district should own a good school 
 house, and that it should be entirely separate from other 
 buildings; still, it sometimes happens that economy demands 
 a co-operation between the district and some other associa- 
 tion, in erecting two houses under the same roof. Such an 
 arrangement is held to be legal, provided the district secures 
 by proper legal covenants: First. The complete and un- 
 divided control of the school rooms at all times, and of all 
 doors and passages affording egress and ingress thereto. 
 Second. That the other rooms of the building shall not be 
 used at any time during school hours for an assemblage or 
 purpose which can distract the attention of the pupils, or 
 interfere, by noise, or otherwise, Avith their instruction. 
 Third. That the parties using or owning the other rooms 
 shall pay the whole or some definite part of the expenses of 
 such repairs upon those rooms, or the roof or other parts of 
 the building, as the district shall deem necessary. Fourth. 
 That the parties owning the other parts of the building shall 
 
36 
 
 pay a proper proportion of the amount necessary to keep 
 the whole properly insured. 
 
 The best method of protecting the interests of the district 
 is for the board to lease the rooms on the foregoing con- 
 ditions, and such others a^s are proper. The lease should 
 provide for its own termination on any breach of its con- 
 ditions, and should contain an express provision that when- 
 ever a district meeting shall determine that the residue of 
 the building i« needed for school purposes, the same shall 
 become the property of the district upon the payment of the 
 anpraised value of the labor and materials used in its con- 
 struction. 
 
 A district meeting may vote a tax for a fence, sidewalks, 
 separate privies for the two sexes, wood-house, stoves, 
 stovepipe, and bell, as these are held to be necessary append- 
 ages. 
 
 Money may also be raised to pay for the insurance of the 
 school-house. This must be a definite sum. The school- 
 house cannot be insured in those companies that require a 
 note for part of the premium, for the district board cannot 
 bind the district to pay a note drawn by them for such a 
 purpose. All taxes voted must be for specific and legal 
 objects, and the specific amount raised for each of the sev- 
 eral objects for which the tax is levied, should be stated in 
 the resolution passed by the meeting, in order that the dis- 
 trict and the board may know the precise extent of their 
 liability and authority. 
 
 A district has x^ower to vote a tax to enlarge a school- 
 house, notwithstanding it may have cost all that said district 
 is by law authorized to raise in any one year, and the tax 
 for such enlargement does not require the consent of the 
 town supervisors thereto. The amount received from the 
 sale of the old school-house may be added to the amount 
 authorized by law to be raised for building in any one year, 
 and expended for the new building. 
 
 6. To vote such tax as the meeting shall deem proper fo]' 
 the payment of teachers' wage3 in the district; provided, 
 that for such purposes, in all school districts having an av- 
 erage attendance at school, for the year, of fifteen scholars 
 •or less, not more than three hundred and fifty dollars shall 
 
37 
 
 be raised in any one year; in all school-districts having an- 
 average attendance of not more than thirty nor less than 
 fifteen scholars, not more than four hmidred and fifty dol- 
 lars shall be raised in any one year; and in all school-dis- 
 tricts having an average attendance of not more than forty 
 nor less than thirty scholars, not more than five hundred 
 and fifty dollars shall be raised in any one year. 
 
 The amount which may be raised for teachers' wages is 
 restricted by the average attendance at school for the pre- 
 vious year, the particulars of which should be made known 
 at the annual school meeting, before taxes are voted, that 
 the amount voted may not be unlawful. 
 
 By reference to subdivision 10, it will be seen that a dis- 
 trict with less xhan two hundred and fifty inhabitants cannot 
 raise more than 6500 in one j^ear for teachers' wages, or any 
 other purpose, beside those therein excepted. 
 
 The income of the school fund annually apportioned to 
 the different districts on the basis of population over four 
 and under twenty years of age, together with the amount 
 ■wliich is received by the districts from the tax levied by the 
 liSBimly-^Stiper visors^ must be appropriated to the payment of 
 teachers' wages, and the balance is to be raised by tax. A 
 tax cannot legally be levied to pay a person for services as 
 a teacher who did not hold a certificate of qualification at 
 the time such services were rendered ; nor can any public 
 money be paid to a person for ser voices as a teacher, who is 
 not qualified according to law. 
 
 7. To authorize and direct the sale of any school-house 
 site or other property belong to the district, when the same 
 shall be no longer needed for the use of the district. 
 
 Tlie restriction here imposed upon the sale of district 
 property is important. It must no longer be needed for the 
 use of the district. The district must act througli the dis- 
 trict board, as the board alone is competent to make con- 
 tracts binding upon the disi^rict. If any credit is to be 
 given upon the sale of district property, the people at the 
 district meeting should, by resolution, specify the exact 
 terms thereof, and should fix the lowest price to be accepted. 
 The district board are responsible to the district for the exer- 
 cise of the same care that a prudent man would take in 
 managing his own affairs. 
 
38 
 
 8. To impose such a tax as may be necessary to discharge 
 any debts or Habilities of the district lawfully incurred. 
 
 The debts which the district is most likely to incur, are 
 such as may be made by the board, under sections 435 and 
 436, for repairs on the school-house, in providing necessary 
 appendages for the same, and in the purchase of record 
 books, blanks, stationery, apparatus, school books for indi- 
 gent children, and for the school generally, when authorized 
 so to do. The district may also incur indebtedness for money 
 borrowed.* 
 
 9. To vote a tax not exceeding seventy-five dollars in any 
 one year, for the purchase of maps, blackboards and school 
 apparatus. 
 
 Maps are necessary for teaching geography, for the prin- 
 cipal facts are learned more readily by the eye than in any 
 other manner. Every school room should be furnished with 
 a map of the world, of the Ui'xited States and of this state; 
 also of the couuty in which the school-house is situated. A 
 globe is also desirable. Blackboards should extend around 
 the school room, that is, should occupy all the space not 
 taken by doors and windows, to a height of seven feet from 
 the floor, the lower edge of the blackboard being about two 
 feet nine inches from the base board. Charts are now easily 
 obtained for teaching reading, penmanship and other 
 branches, and the cost is much more than made up in the in- 
 crease of interest among the pupils, and the greater facili- 
 ties for the teacher. School boards should acquaint 
 themselves with the cost and the use of the more simple 
 and important kinds of apparatus, as they are now author- 
 ized to purchase school apparatus for the use of the district, 
 not exceeding in value seventy-five dollars in any one year, 
 without authority being given by vote of the district. See 
 section 436. 
 
 10. To vote a tax, not exceeding one hundred dollars in 
 any one year, for a district library, consisting of such books 
 as they may direct their district board at a district meeting 
 to purchase; said books to be selected under the advice of 
 the state superintendent; provided, that any school-district 
 having less than two hundred children of school age, shall 
 
 * See comments on subdivision 11. 
 
39 
 
 not vote a tax exceeding- fifty dollars in any one year, for 
 such library; and that no district containing a population of 
 less than two hundred and fifty inhabitants shall have 
 power to levy and collect a tax of more than five hundred 
 dollars in any one year for any purpose other than for the 
 purposes prescribed in the fifth subdivision of this section, 
 and for the payment of the principal and interest of any 
 loan due the state. 
 
 This is an important provision, if wisely carried out. By 
 judicious action, a valuable library may be secured for each 
 school district; but unless the money raised is placed in the 
 hands of discreet and competent men to expend, the books 
 obtained will be liable to be of no real benefit to the people. 
 
 The restriction of tho amount of tax that may be raised 
 in one year for any purpose, except two, to $500, by a dis- 
 trict with less than two hundred and fifty inhabitants, 
 should be carefully noted. 
 
 The preceding subdivisions (5, G, 8, 9, 10), cover all the 
 objects for which school-districts may levy taxtjs, except 
 those named in subdivision 16, in sections 474, 475 and ^70, 
 and in the sections of the revised statutes printed immedi- 
 ately thereafter, in this code. 
 
 In this connection, it is deemed proper to insert the act of 
 1870, limiting the total amount of school-district tax to be 
 levied in any one year, with some comments. 
 
 Chapter 118, Laios of 1879. 
 
 Section 1. The total amount of school district tax, here- 
 after levied in any school-district in this state, in any one 
 year, for building, hiring, or purchasing any school building, 
 and for the maintenance of schools, including teachers' 
 wages and incidental expenses, shall not exceed five per 
 cent, of the total asssesed valuation of taxable property in 
 such school- district for the current 3^ear. 
 
 Section 2. All acts or parts of acts conflicting with this 
 act are hereby repealed. 
 
 The object of this law is to restrain excessive taxation for 
 school purposes. Under it, the total amount of taxes levied 
 by a district in any one year must not exceed five per cent, 
 of the last valuation of property in the district. Although 
 the taxes may be less than five per cent., the restrictions 
 provided for in section 430 (subdivisions 5, G, 9 and 10) are 
 
40 
 
 still in force. They are not in conflict with the above act 
 and. are not repealed by it. 
 
 11. To authorize the district board to borrow money as 
 provided elsewhere in these statutes. 
 
 Under section 474, the district may authorize the board to 
 borrow money, as well as levy a special tax, to meet any un- 
 usual exigency. This authority is given to the district, 
 partly in place of that formerly conferred by section 64 of 
 the school code, not only to levy special taxes, but if done 
 between the first Monday in November and the next annual 
 meeting, to assess and collect the same at once through the 
 district clerk and treasurer. All such special taxes may 
 still be voted, but will be collected as other taxes are. In 
 the meantime, money may be borrowed to the amount of 
 the tax. 
 
 By section 475, a school-district is authorized to make a 
 loan of money to aid in th3 erection of a school-house. 
 Loans can also be made at the present time, from the trust 
 funds of the state, under section 261 of the revised statutes. 
 Such loans can usually be more conveniently paid by in- 
 stallments. Although the inhabitants of the district may, 
 by resolution, declare their intention to raise a certain 
 amount annually for two or more years, yet the action of 
 the meeting is limited to one of the installments, and it re- 
 quires the action of the district at a subsequent meeting to 
 raise another installment. Money cannot be borrowed, under 
 section 475, for any other purpose than " to aid in the erection 
 of a school-house." 
 
 12. To authorize the district board to admit to the priv- 
 ileges of the school, persons over twenty years of age, and 
 persons not residing in the district, whenever such admis- 
 sion will not interfere with the accommodation instruction 
 of the scholars residing therein, and to fix a fee for tuition 
 per term, quarter, or year, to be charged to the persons thus 
 admitted. 
 
 The vote of the district is to authorize the board to admit 
 
 the persons mentioned to the school. The consent of the 
 
 board should always be signed in writing, and should not be 
 
 given until the tuition fee has been paid to the district 
 
 treasurer. No teacher should admit a non-resident pupil 
 
 into his school without express authority conveyed in writ- 
 
41 
 
 ing. It is sometimes difficult for the district board to deter- 
 mine the liabihty of inhabitants for the tuition of persons 
 in their employment or under their protection. Crowding 
 into a district in which a superior school is maintained, to 
 enjoy its advantages free of cost, under plea of having resi- 
 dence as an employe in a family, is an abuse that needs 
 sometimes to be corrected. 
 
 The tuition fee may with propriety be made merely nom- 
 inal, however, to such persons as are residents of other dis- 
 tricts, but who are tax-payers in the district where they 
 desire to send to school, provided their distance be such as 
 to preclude the possibility of their being attached to the 
 district. 
 
 The question of residence settles the right to free tuition 
 in any school. 
 
 The legal residence of the child is usually with the par- 
 ent or guardian; but cases frequently arise where the nat- 
 ural or legal guardian provides a residence for a child or 
 ward in a district where the guardian does not reside. 
 Where this is done, not for the purpose of taking advantage 
 of school facilities, but for the purpose of a home, the child 
 should be enumerated in such district where he resides, and 
 be accorded free tuition in the school. See remarks on sec- 
 tion 462. 
 
 An orphan without guardian takes his residence with him 
 wherever he goes. 
 
 In all doubtful cases the board is authorized to exercise its 
 powers liberally as regards a child having its home in the 
 district and nowhere else. It is not for the public good that 
 any child should grow up uneducated. 
 
 The district board has no authority to admit non-resident 
 children into the school contrary to the vote of the district, 
 nor has it authority to exclude them after a vote of the in- 
 habitants to admit them. It is the duty of the board, in this 
 matter to carry into effect the instructions of the district. 
 
 It will be seen that the board has power under section 439 
 to admit persons between 20 and 30 years of age to the 
 schools in certain cases. This power is commented upon in 
 tl e proper place. 
 
42 
 
 The teacher has no authority in the matter of admitting or 
 excluding non-residents, but will be governed by the instruc- 
 tions of the board. 
 
 13. To authorize the district board to purchase text-books 
 for use in public schools, to be loaned or furnished pupils un- 
 der such conditions as, by such vote and regulations of the 
 board thereunder, may be prescribed. 
 
 This subdivision takes the place of chapter 315, of the gen- 
 eral laws of 1875, and it is important that every district 
 should avail itself of the privilege here given, as a means 
 of great convenience in insuring a timely and uniform sup- 
 ply of school books, and as a measure of economy. To this 
 end, the board, having deterrxiined under section 410 what 
 text-books shall be used, sliould bring the matter of pur- 
 chase by the district before each annual meeting, having first 
 carefully estimated how many of each kind will be wanted 
 for the ensuing year. 
 
 It should be remembered, however, that while the board 
 has power to adopt, it has no power to purchase books, un- 
 less authorized by the district. Being thus authorized, the 
 board should not undertake to bind the district to purchase, ' 
 at certain rates, for a series of years. Books once adopted 
 must be used for three years, without change; but the dis- 
 trict may not continue the policy of district purchase more 
 than one year. Hence the caution not to enter into any 
 agreement that the district shall buy the books for more 
 than one year. Proposals of agents to contract for a series 
 of years sliould not be listened to, because such contracts 
 are not warranted by the school laws. 
 
 District boards are cautioned against purchasing books or 
 school apparatus of traveling agents, unless they are known 
 to be reliable; especially against having anytt ing to do with 
 agents who call upon individual members of the board, and 
 pretend that they have seen the other members and ob- 
 tained their consent to certain purchases. A board cannot 
 legally purchase books, unless they have first been authorized 
 and directed to purchase, by the district, and there must 
 first of all have been an act of adoption of the books, by the 
 board. A school board can do no business lawfully as a 
 board, unless a legal meeting is called and held. 
 
43 
 
 An honest agent, while he may submit reasons to a board 
 
 for adopting certain books, will not attempt to induce them 
 
 to make any purchases or orders, until so authorized by the 
 
 district. Until then, section 501, stands in the way. 
 
 14. To determine the length of time a school shall be 
 taught in their district the then ensuing year, ^vhich shall 
 not be less than six months, and whether such school shall 
 be taught by a male or female teacher, or both, and whether 
 the school money's to which the district is entitled from the 
 school fund income, and from the town, shall be applied to 
 the support of the summer or winter school, or a certain 
 portion to each; but if such matters shall not be determined 
 at the annual meeting, the district board shall determine 
 the same. 
 
 The number of days during which a school must be 
 taught, to meet the requirements of the law in regard to the 
 apportionment of school money, is one hundred and twenty, 
 and this number includes legal holidays, viz., New Year's 
 day, the twenty-second of February, the thirtieth day of 
 May (Decoration day), the fourth of July, the day of gen- 
 eral (or fall) election, and Christmas, together withdays of 
 fasting or thanksgiving appointed by state or national 
 authority. 
 
 If the matters enumerated in the fourteenth subdivision are 
 not determined by the annual meeting, the district board 
 must determine the same; but the inhabitants, at a special 
 district meeting, are authorized by section 427 "to transact 
 the same business as at the first and each annual meeting, ex- 
 cept the election of officers." When the district has deter- 
 mined the length of the school (being not less than six 
 months), the sex of the teacher or teachers, and the applica- 
 tion to be made of the school moneys, the board have no 
 discretion, but must carry out the voi,e of the district. In 
 case they find ifc impracticable to do so in any particular' 
 the remedy is a special meeting, to give them further in- 
 structions. 
 
 lo. To give such direction and make such provision as 
 ]nay 1 e necessary in relation to the prosecution or defense 
 of any action or proceeding in which the district may be a 
 party or may be interested. 
 
 The district may appoint any suitable person to represent 
 
 them in a suit; but in the absence of such appointment, the 
 
44 
 
 director is constituted the representative of the district in all 
 suits. See section 443 and the comment thereon. 
 
 16. At the annual meeting only, to vote a tax to compen- 
 sate the clerk, which, in districts supporting graded and 
 high schools, shall be such sum as may be voted, and in 
 other districts not more than ten nor less than five dollars. 
 
 This subdivision embodies chapter 91, laws of 1876. It 
 
 authorizes the district to vote compensation to the clerk, but 
 
 not to the director or treasurer. The vote can be taken only 
 
 at the annual meeting, and is operative for one year only, 
 
 unless renewed. 
 
 17. To alter, repaaland modify their proceedings as occa- 
 sion may require. 
 
 The power to repeal proceedings cannot be exercised after 
 they have been carried into effect, so that rights have been 
 acquired under them. When the district board has made a 
 contract under authority of the district, the repeal of the 
 resolution authorizing such contract will not rescind the con- 
 tract. The district can modify or repeal the contract only 
 after securing a release of damages from all the parties who 
 have acquired any rights of action. 
 
 A district can repeal a resolution to raise a tax, at any 
 time before the warrant to collect the tax is handed to the 
 collector; but this power cannot be exercised after part of 
 the tax has been collected (Gale vs. Mead, 4 Hill; Smith vs. 
 Dillingham, 4 Barbour). It is advisable that resolutions 
 should be repealed in express terms, when such is the inten- 
 tion, and not by implication. 
 
 When a resolution is to be repealed at Ihe meeting at 
 which it was passed, it is usually done by a motion U recon- 
 sider. The general rule is that a motion to reconsider can 
 only be made by a person who voted with the majority on 
 the question the reconsideration of which is proposed; and 
 this rule is a proper one for the chairman of the meeting to 
 observe; but, if on appeal from the decision of the chair- 
 man, the majority of the meeting choose to disregard the 
 rule, it may be set aside. Tlie usual rules governing legisla- 
 tive bodies are not binding upon district meetings, unless 
 such meetings adopt such rules. Any resolution directly or 
 necessarily repugnant to a previous one, repeals it; and the 
 
45 
 
 rule, as laid down (3 Howard, U. S. R, 630) is that if a sub- 
 sequent statute be not repugnant in all its provisions to a 
 prior one, yet if the latter statute was clearly intended to 
 prescribe the only rule that should govern in the case pro- 
 vided for, it repeals the prior one. 
 
 The repeal of a repealing statute does not revive the orig- 
 inal enactment. 
 
 Officers elected at an annual meeting cannot be displaced 
 by reconsidering or rescinding former proceedings at an ad- 
 journed meeting. When an election has been held in due 
 form, the elective power of the district is exhausted, and the 
 officers chosen at the annual meeting are the legal officers of 
 the district, until ]by death, resignation, removal from the 
 district, expiration of term, refusal to serve, or removal from 
 office, a vacancy occurs proper to be filled by election or ap- 
 pointment. And when a person entitled to hold office has 
 been elected, and has not refused to serve, there is no power 
 to take it from him or debar him from assuining his duties. 
 
 11. DISTRICT OFFICERS AND BOARD. 
 
 A 
 
 Section 431. The officers of each school-district shall be 
 a director, treasurer, and clerk, who shall be residents of the 
 district, and shall hold their respective offices for three years, 
 and until their successors have been chosen or appointed, 
 but not beyond ten days beyond the expiration of their term 
 of office, without being again elected or appointed; provided, 
 that at the first election of such officers, in any newly organ- 
 ized district, the clerk shall be chosen for one year, the 
 treasurer for two years, and the director for three years; 
 and thereafter, each officer shall be chosen for three years. 
 Any person present at a school-district meeting, at which 
 he shall be elected one of the district board, shall be deemed 
 to be notified thereof ; and any person so elected and not 
 present, shall be notified thereof by the clerk of said meet- 
 ing, within five days thereafter; and unless each person 
 elected and notified shall, within ten days after his election, 
 file with the clerk his refusal in writing to accept the office, 
 he shall be deemed to have accepted the same.* 
 
 Comments upon the mode of electing district officers, and 
 upon what constitutes an election, are made under subdivis- 
 
 ^ See Form No. 16. 
 
46 
 
 ion 3, of section 430. See also the comment immediately 
 preceding the section now under consideration — 431. 
 
 In reckoning the terms of district officers, the time from 
 the first meeting of a legally organized district to the first 
 annual meeting, no matter how short that may be, is to be 
 considered a year, because all subsequent elections must be 
 at the rime fixed for the annual meeting; hence, at the first 
 anmial meeting of a newly organized district; a new clerk 
 will be elected for the term of three years; at the second 
 annual meeting, a treasurer is to be elected for three years; 
 and at the third annual meeting, a director is to be elected 
 for three years. Thereafter, one officer only is to be elected 
 at each annual meeting, for the term of three years, and in 
 the following order: clerk, treasurer, director. It may some- 
 times be necessary, however, to elect one, or even two, offi- 
 cers, to serve out an unexpired term, in addition to the officer 
 elected for a full term. 
 
 By reference to a provision added to section 443, in 1879, 
 it will be seen that it restricts a district in the election of a 
 treasurer. It is not probable that attempts are often made 
 to give the office of treasurer to the director or clerk of the 
 district. The act forbids such action, and likewise forbids 
 that the teacher shall hold the office of treasurer in the same 
 district. It does not by any means follow from this last 
 prohibition, that it is now proper or allowable to employ the 
 clerk or director to teach the school. This is against public 
 policy, and is very likely to breed difficulty or dissatisfac- 
 tion. See comments on section 438. 
 
 The question sometimes arises whether it is proper to elect 
 persons as district officers who are not citizens. As there is 
 no statutory provision on the subject, a decision of the su- 
 preme court is given. In the case of Off vs. Smith (14 Wis., 
 497), it was held that " it is an acknowledged principle which 
 lies at the foundation [of popular governments] and the en- 
 forcement of which needs neither the aid of statutory or 
 constitutional enactments or restrictions, that the govern- 
 ment is instituted by the citizens for their liberty and pro- 
 tection, and that it is to be administered and its powers 
 
47 
 
 and functions exercised only by them, and through their 
 agfency." 
 
 On the other hand it may be held, in regard to persons C^ XAV" 
 who have declared their intention to become citizens, that « ^ 
 
 as they are permitted to vote, they are eligible to district ^ 
 
 offices, if it is desired to elect them. But it is not allowed Z^- 
 by the statute to elect a non-resident of the district to a dis- 
 trict office. 
 
 Under section 513, any woman of twenty-one years of age 
 
 and upwards may be elected or appointed a school officer^ 
 
 - but t ki« < \ctp^ not . conf ft E . . upftn wf>Mao*i thw ligh fe-^^-yote-at 
 
 Officers elected at the Urst meeting of any district are 
 required to tile written acceptances,, but at the annual meet- 
 ings succeeding, written acceptances are not required. How- 
 ever, persons not present at an annual meeting must be 
 notified if elected to office; and, unless a person who has 
 been notified of an election, shall, within ten days after his 
 election, file with the clerk his refusal to serve, he shall be 
 deemed to have accepted the office. A verbal refusal to 
 serve, or inattention to the duties of the office does not 
 create a vacancy. A person elected should therefore serve, 
 or signify his refusal to serve in a legal way, and within the 
 legal time. 
 
 Subdivision 8, of section 961 of the revised statutes, directs 
 that the resignation of a district officer shall be to the dis- 
 trict board- 
 
 If a district officer intends to be long absent from the dis- 
 trict, without removing his residence, he should resign, that 
 some person may be appointed in his place. Otherwise, 
 there being no power to appoint until there is a vacancy, the 
 district may suffer great inconvenience. ' 
 
 THE DISTRICT BOARD. 
 
 Section 432. The director, treasurer and clerk shall con- 
 stitute the district board. Meetings of the board may be 
 called by any two members thereof by serving on the other 
 member a written notice of the time and place of such meet- 
 ing, at least twenty-four hours before such meeting is to 
 take place No act authorized to be done by the district 
 board shall be valid, unless voted at a meeting of the board. 
 
48 
 
 It will be seen by this section that the powers conferred 
 by law upon the district board must be exercised by the 
 board meeting and deliberating at the same time and place, 
 and not by one or two forming a determination and obtain- 
 ing the assent of the absent. The decision of a majority 
 at a meeting properly convened, is the decision of the board, 
 but the decision of a majority, or even of all three, under 
 other circumstances, is not the decision of the board. It is 
 merely the concurrent opinion of the members of the board, 
 and is no more the decision of the board than the concur- 
 rent opinion of the members of the legislature, arrived at 
 by taking their separate votes at their respective homes, 
 would be an act of the legislature. The law supposes that 
 a majority may be convinced by a minority and change its 
 determination, and therefore will not allow the majority to 
 act without giving the minority due notice to participate. 
 
 It is held in 16 Maine R., 185, that the dismissal of a teacher 
 by two, a majority of the board, was illegal, because the 
 third was not notified, although he was oat of town. The 
 court say, " that does not allow the majority to dispense 
 with the rule requiring notice. They are not in such cases 
 constituted the judges whether the notice would be effectual 
 to secure his attendance. Nor would it be entirely safe to 
 entrust them with such a power, as it would afford an op- 
 portunity to select an occasion when they might judge that 
 a notice would be ineffectual, and thus, by neglecting to 
 give it, free themselves from the presence of a dissenting 
 minority. It may often happen that those will be able to 
 attend, who were believed to be so situated that their attend- 
 ance could not be expected. ISTor is there any difficulty in 
 giving the requisite notice in such cases, as one left at the 
 usual place of residence would be sufficient." 
 
 It has long been held by the Department of Public In- 
 struction that there must be a meeting of the board called, 
 in order to any lawful action. This section now expressly 
 provides that no act of the board '*' shall be valid, unless 
 voted at a meeting of the board," and the amendment of 
 1875, which recognized the sufficiency of accidental meet- 
 ings in certain cases, is expunged. 
 
49 
 
 A single member of the board may be authorized to carry 
 
 out a vote or determination of the boards such as making a 
 
 purchase, engaging work to be done, etc. 
 
 Section 433. The said board shall have power to fill by 
 appointment any vacancy that may occur in their own 
 number, within ten days after such vacancy shall occur;, 
 and if such vacancy shall not be filled within ten days a& 
 aforesaid, by said board, the town clerk shall fill such vacancy 
 by appointment. In case a vacancy shall occur in a joint, 
 district, and shall not be filled by the district board, the clerk 
 of the town in which the school-house is situated, shall fill 
 said vacancy. Any person appointed to fill a vacancy, upon 
 being notified of such appointment, shall be deemed to have 
 accepted the same unless he shall, within five days there- 
 after, file with the clerk or director a written refusal to serve;; 
 and any person appointed to fill a vacancy shall hold the | 
 
 office until the annual meeting succeeding such appoint- ' 
 
 ment, at which the electors shall fill such vacancy for the un- ' 
 expired term,* 
 
 Vacancies may occur from expiration of term of ser- ^^ £^ 
 vice, and failure to elect a successor, refusal to serve, re- ^ ^ 2^ 
 moval from the district, resignation of oflSce, and removal /f^^ ^ 
 from office by the county judge; or, in case of a treasurer^ 
 from neglect to file a bond, as required by law, or through 
 removal by the governor. 
 
 The power of the district board to fill a vacancy continues 
 but ten days; if they do not fill it in that time, the duty de- 
 volves upon the town clerk. But neither the board nor the 
 town clerk is authorized to act judicially^ and set aside an 
 election, where an officer is deemed to have been elected 
 illegally. Such person having been declared elected^ and 
 entering upon the office, will be held to be an officer de facto, 
 until the illegality of his election is determined by compe- 
 tent authority. 
 
 In other cases the board or the town clerk, before making 
 an appointment, must of necessity decide in view of the 
 facts that a vacancy exists, and in the order making the ap- 
 pointment, the facts which have caused the vacancy should 
 be stated. 
 
 In case of expiration of a term of service, and no election 
 to fill the vacancy, it is to be understood that the term does 
 
 *3ee Forms Nos. 17, 18 aud 19. 
 4— S. C. 
 
50 
 
 inot actually expire until ten days after the annual meeting. 
 The board then has power, for ten days to fill the vacancy, 
 and the town clerk has therefore no power to fill it until 
 twenty days after the annual meeting. 
 
 In case of a single vacancy in the district board, those in 
 office possess all the powers of a full board for the purpose 
 of filling such vacancy, but if two vacancies exist at the 
 same time, the remaining member cannot fill them. It 
 must be done by the town clerk. 
 
 ' A person should not be re-appointed who refuses to serve, 
 or whose resignation has been accepted. The* statute 
 regards the penalty for refusing to serve as an equivalent for 
 the service. (See section 500.) 
 
 It will be noted that in case of vacancy in a joint district, 
 requiring to be filled by the town clerk, it is to be done by 
 the clerk of the town in which the school-house is situated. 
 
 In case of appointment, the term of office of the appointee 
 
 expires at the next annual meetings and if a successor is not 
 
 then elected, the incumbent cannot hold the oflSce more than 
 
 ten days after the annual meeting. It then becomes the 
 
 duty of the board to fill such vacancy, and if they neglect 
 
 to fill it, this duty devolves on the town clerk. 
 
 Section 434. The district board, in their corporate name, 
 shall purchase or lease such a site for a school-bouse as shall 
 have been designated by the district, and shall build, hire, 
 or purchase a school-house out of the funds provided for 
 that purpose, and when required, make sale of any school- 
 house, site, or other property belonging to the district, and if 
 necessary, execute a conveyance of the same, in their name 
 of office, when lawfully directed by the qualified electors of 
 such district, at any annual or special meeting. 
 
 Chapter 190, Laivs of 1885. 
 
 Section 1. All churches, public and private school-houses, 
 hotels, factories, or other manufacturing establishments, 
 constructed at any time after the passage of this act, shall 
 be so constructed that the doors shall swing outward, or 
 both in and out, as the builders thereof may elect. 
 
 A school-district is a corporate body, and as such has per- 
 petual succession and existence in its corporate name, and 
 the capacity to hold real and personal estate for its corpo- 
 rate purposes. It possesses this power as a legal body tvhoUy 
 
distinct from the individuals which from time to time com- 
 pose it. The district can act as a corporation only through 
 its officers. The power to purchase or lease a site for a 
 school-house, or to build, hire, or purchase a school-house, or 
 to sell any school-house, site, or other property, belongs ex- 
 clusively to the district board. It is often the case that a 
 building committee is appointed by the district to superin- 
 tend the erection of a school-house. Although the law con- 
 templates no such committee, yet so far as it can aid the 
 board by its advice and service in carrying out the wishes of 
 the people of the district, there can be no objection to it. 
 But the district board alone has power to bind the district 
 by a contract, written or verbal, and the district has no 
 power to supersede them by appointing a building commit- 
 tee, or any other agents. The district may, however, through 
 a committee, procure plans and specifications for a school- 
 house, and may select such a plan as is deemed suitable, and 
 limit the power of the district board to making a contract 
 for erecting a house according to the plans and specifications 
 adopted. 
 
 This is the only way of controlling the district board. It 
 rests with the board to accept or reject the work, unless the 
 people, in district meeting, have appointed or provided for 
 the appointment of other arbiters. This may be done by 
 directing it to be inserted in the contract with the builder, 
 that the sufficiency of the materials and workmanship un- 
 der the contract shall be determined by persons named in 
 the resolution. 
 
 A stringent contract, which in all cases should be in writ- 
 ing, with proper provisions for the adjustment of any ques- 
 tions that may arise under it, will relieve the district board 
 from much personal responsibility and trouble, as well as 
 prevent quarrels and perhaps litigation, which are in any 
 event injurious. 
 
 The inhabitants of a district, assembled in district meet- 
 ing, should give plain and specific instructions to the dis- 
 trict board in regard to the matters referred to in this 
 section. All votes relating to purchase or sale of site, 
 school-house, or other district property, should be taken by 
 
\ 
 
 52 
 
 ayes and noe^^, and all proceedings should be entered at 
 length upon the record book of the district. 
 
 Section 435. The district board shall have the care and 
 keeping of the school-house, books, apparatus, and all other 
 property whatsoever belonging to the district, except that 
 especially confided by law to the clerk, and they shall an- 
 nually make an inventory thereof before each annual dis- 
 trict meeting, and deposit the same with the clerk of the 
 district; they shall keep the school-house in good condition 
 and repair, and provide all necessary appendages during 
 the tirrie a school shall be taught therein. They may grant 
 leave to any responsible inhabitant or inhabitants of the 
 district applying therefor, to occupy the school-house for 
 such public meetings as will, in the judgment of the board, 
 aid in disseminating intelligence and good morals; any such 
 licensee, and if the school-house be so occupied without 
 there being such responsible licensee answerable, then the 
 district board shall be personally liable to the district for 
 any injury done to any property and for any expense what- 
 ever incurred by, at, or in conse^'quence of any such use of 
 the school-house. 
 
 The board has exclusive control of the property of the 
 district, including the school-house, unless it shall be espe- 
 cially confided to the care of the clerk. In either case, it is 
 important that the trust be faithfully discharged — that 
 the furniture, books, fences, grounds, out-houses, etc., be 
 carefully looked after. It will be convenient to devolve this 
 care especially upon the clerk, as he has, or may have a 
 salary. 
 
 That the district may be kept apprised of the nature and 
 condition of its property, the law requires the board to make 
 an annual inventory of the same, and deposit it with the 
 clerk. This should be done before the annual meeting, and 
 the inventory produced when called for. 
 
 It is also the duty of the board to provide the necessary 
 appendages for the school-house, without waiting for instruc- 
 tions so to do from the people of the district. They are also 
 required to keep the school-house in good condition and 
 repair during the time a school shall be taught therein. This 
 duty should be promptly and efficiently performed. Under 
 this section, the board has power to cause to be built suita- 
 ble out-houses, and to provide blackboards, etc., necessary 
 to the successful management of the school. 
 
58 
 
 In the discretion confided to the board under this section, 
 they should distinguish between things necessary and things 
 unnecessary, though perhaps desirable. A stove is a neces- 
 sity; an organ is not so. 
 
 It has long been customary to allow school-houses to be 
 used, at proper times, for religious, literary, and other meet- 
 ings; and so long as no injury is done to the property, and 
 no detriment arises to the school from such use of the scliool- 
 house, it is unobjectionable. It is often the only place in 
 the neighborhood in which any kind of public meeting can 
 be held, and the board will not usually be blamed for allow- 
 ing a discreet use to be made of the building. They a,re au- 
 thorized to do thi&, as the law stands, but as a matter of 
 prudence, may, if they prefer, grant the leave only to some 
 responsible inhabitant, who is to be answerable for the pro- 
 per care of the house, etc. If there is no such person made 
 responsible, the board becomes personally liable to the dis- 
 trict, if the use of the house is allowed. If a majority of the 
 tax-payers are opposed to having the school-house used for 
 any other than school purposes, it may be better for the 
 board not to allow it to be opened. 
 
 As amended by Chapter 93, Laws of 1885. 
 
 Sec'TIOX -itoCj. The said board shall have power to purchase 
 a record book and such other books, blanks and stationery 
 as may be necessary to keep a record of the proceedings of 
 the district meetings, and the account of the treasurer, and 
 for doing the business of the district in an orderly manner, 
 and such maps, charts, globes and school apparatus as have 
 been or may be approved as suitable for use of the schools, 
 by the state superintendent or by the county superintendent 
 of the county, not exceeding seventy-five dollars in value in 
 any one year, and such school books as in their judgment 
 may be necessary for the use of any children attending in 
 their district, whose parents and guardians may not be able 
 to furnish the same. All such purchases shall be unani- 
 mously approved at a regular meeting of said board, at 
 whicli'all the members thereof shall be present. The district 
 board shall keep an accurate account of all expenses incurred 
 by them under the provisions of this section, and present an 
 itemized statement of the purchases to the annual school 
 district meeting. 
 
54 
 
 This section embraces portions of sections 48, 49 and 51 of 
 the former school codes. It authorizes the board to purchase 
 such books, blanks and stationery as may be needed, and to 
 purchass apparatus to an amount not exceeding $75 in value 
 in one year; also school books for the children of indigent 
 parents. All these purchases must be approved by all the 
 board, at a meeting at which all are present. If these con- 
 ditions are not observed, accounts for expenses incurred 
 may not be allowed by the district, and the members of the 
 board purchasing illegally may become personally liable 
 for purchases made. 
 
 If the board is authorized to purchase books for the whole 
 district, as provided in section 430, subdivision 13, no sepa- 
 rate purchase for indigent ohildren will be needed. 
 
 The apparatus most likely to be useful in the public schools 
 is: 
 
 1. Reading charts, phonetic charts, reading frames or 
 cases, writing spellers. 
 
 2. Writing charts, drawing charts, drawing books. 
 
 3. Numeral frames, arithmetical charts, arithmetical 
 frames, cube root blocks, geometrical forms. 
 
 4. Outline maps, especially a map of Wisconsin, a map 
 of the United States, and a map of the world; also globes 
 and map drawing scales. 
 
 5. Charts illustrating natural history, physiology and nat- 
 ural science, including color charts. 
 
 G. Blackboards, clorjk, call bell, thermometer, microscope^ 
 magnet. 
 
 In purchasing, school boards would do well to deal di- 
 rectly with the houses which make a business of furnishing 
 school apparatus. To this end correspondence may be 
 opened with them and circulars and price lists obtained. It 
 is suggested that school boards first select and recommend 
 the purchase of the simpler and more necessary apparatus 
 of which the district may be destitute. 
 
 When anything is purchased, measures should be taken 
 at once for its preservation, and to this end a case or closet 
 with shelves is needed, which should be under lock and key. 
 It will be useful to take the advice of the county superin- 
 
55 
 
 tendent, and of experienced teachers in making a choice of 
 articles. Tlie county superintendents are authorized by law 
 to approve such apparatus as in their judgment is best suited 
 to the schools. 
 
 The caution against purchasing, unless a meeting of the 
 board is duly called and held, and the board has authorized 
 a purchase, by the unanim^ous vote of all members, is re- 
 peated. 
 
 As amended by Chapter 124, Laivs of 1885. 
 
 Sectiox 437. If any district shall not, at its annual meet- 
 ing, or at a subsequent special meeting, prior to the third 
 Monday of November following, vote a tax sufficient to 
 maintain a school in said district for the term of six months 
 during the ensuing 3^ear, the district board shall then, on or 
 before the Wednesday next following said third Monday of 
 November, estimate and determine the sum necessary to be 
 raised to maintain such school, and the district clerk shall 
 forthwith certify to the town clerk the amount so fixed, who 
 shall assess the same as other district taxes are assessed, 
 and all school money received from the school fund income 
 shall be applied exclusively to the payment of teachers' 
 wages. 
 
 This section was a part of section 10 (subdivision C) of the 
 former codes, before the revision of the statutes. 
 
 While the law has restrained districts, on the one hand, 
 from voting excessive taxes, it has also provided a security 
 against the parsimony or negligence that would sometimes 
 fail to open schools at all, or that would open them for an 
 insufficient period. Six months' school in each year is the 
 smallest amount that entitles a district to share in the in- 
 come of the school fund. Not to provide for at least this 
 amount, is a wrong to the children deprived, and an injury 
 to the public good. The district board are therefore charged 
 with the duty of making this provision, if it is not done by 
 the district. The neglect to do this' is punishable by fine, or 
 the members of the board may be removed from office on 
 complaint of such neglect (section 507). 
 
 Section 438. The district board shall contract with and 
 hire duly qualified teachers in the name of the district, and 
 the contract made shall specify the wages per week, month, 
 or year, to be paid, and when completed, shall be filed in the 
 office of the district clerk, with a copy of the certificate of 
 the teacher so employed attached thereto, and a copy of 
 
56 
 
 such contract shall be furnished by the clerk to the teacher. 
 No contract with any person not holding a diploma or 
 certificate then authorizing him to teach shall be valid; and 
 all such contracts shall terminate if the authority given to 
 teach shall expire by limitation and shall not be renewed, 
 or if it shall be revoked.* 
 
 The duty here devolved upon the district board, like any 
 other act performed by them, must be preceded by a regular 
 meeting, as provided for in section 432. The comments up- 
 on that section are referred to in this connection. 
 
 Two of the board may be in favor of hiring a certain 
 teacher, and may think that because they are a majority, 
 there is no need of a meeting to consider the subject. But 
 each member of the board has an equal right to be heard. 
 Two of the board have no right to assume that the other 
 member may not be able to give good reasons for hiring 
 some other person than their candidate. Common courtesy 
 as well as the law requires a meeting for deliberation. 
 
 In negotiating for a teacher, the board should first of all 
 ascertain that the person is legally " qualified." The only 
 sufficient evidence of this is an unexpired certificate from 
 the proper superintendent. If the county be divided into 
 two superintendent districts, the certificate must be from 
 the superintendent of that division of the county in which 
 the school is to be taught. If not, it is invalid. In case of 
 a joint district, not wholly within the jurisdiction of one 
 superintendent, the certificate should be from the superin- 
 tendent within whose jurisdiction the school-house is situ- 
 ated. A certificate has no validity or force beyond the 
 county or jurisdiction within which it is given, although 
 " indorsed " by some other superintendent. If the legisla- 
 ture had intended that the certificate of one superintendent 
 might be adopted (by indorsement) by another, it would 
 have so provided. 
 
 An understanding may be had with a teacher who is 
 awaiting examination, but a contract with a person who 
 holds no certificate is not only void, but a fraud upon the 
 district. If a teacher's certificate will expire during the 
 
 *See Form No. 21. 
 
57 
 
 term of school, care must be taken that it be renewed in 
 season. It is better that the certificate be renewed before 
 the school begins. 
 
 The contract is of no force unless signed by at least two 
 members of the board. It is better that it be signed by all, 
 as harmony of action in this matter is very important to the 
 prosperity of the school and the welfare of the district. 
 
 There is no authority for making a contract whereby the 
 teacher engages to board with the parents of the children. 
 It cannot be enforced on the inhabitants. The best arrange- 
 ment is to give the teacher a specific sum, and let him board 
 himself. 
 
 The amount of the compensation to be paid to teachers is 
 within the discretion of the board. The inhabitants have 
 no legal power to control district officers in this respect, nor 
 in the selection of individuals to be employed, though the 
 board would act unwisely in disregarding the preferences 
 and wishes of the people, when reasonable and just. 
 
 There is little probability that school officers will make 
 the compensation too high. The wages of good teachers are 
 generally quite inadequate. To employ a poor teacher at 
 any price is wretched economy. 
 
 A teacher, having been legally employed, cannot properly 
 be dismissed without some violation of the contract on his 
 part, during the time for which it was to continue, unless 
 his certificate of qualification is annulled by competent 
 authority. If the board discharge a teacher on the ground 
 that he has failed to fulfill his contract, of course it takes 
 the risk of being able to prove such failure, in case the 
 teacher claims damages, or demands his wages for the whole 
 time for which he was engaged. 
 
 The employment of any member of the district board to 
 teach the school is not strictly forbidden by statute; never- 
 theless, it must be considered illegal, because against public 
 policy; and a contract by a majority of the board with one 
 of their own number, could not be enforced (Pickett vs. Dis- 
 trict No. 1. 25 Wisconsin, 551). 
 
 But even if such a contract were legal, the fact that the 
 teacher is one of the board naturally excites a suspicion that 
 
58 
 
 he may have been able to make a contract more advantage- 
 ous to himself, and less so to the district, than if some other 
 person had been employed. Those who hold public trust 
 should carefully avoid putting themselves into situations 
 where their private interests may conflict with an impartial 
 discharge of their public duties. If for any reason it is 
 deemed desirable that a member of the board should teach 
 the school, let him resign, obtain his certificate, and enter 
 into contract with the full board. 
 
 Similar remarks apply to the practice of employing as a 
 teacher any near relative of a member of the district board. 
 If the other members of the board and the people of the 
 district desire it, it may be proper; but in many and perhaps 
 in most instances, it breeds dissatisfaction, and often creates 
 serious trouble. 
 
 As districts annually vote taxes, elect at least one new 
 member of the board, and determine, if they choose, upon 
 the sex of the teachers that shall be employed, contracts 
 with teachers to extend beyond the close of the school year 
 are not binding upon the district or upon the incoming 
 board (IG Wis., 33). But if such contract be allowed to stand, 
 the district will be liable for services rendered under it. 
 
 The teacher should see that the board have acted legally 
 . before making any arrangement with them. To this end, he 
 should know what is legal action on their part. It is quite 
 proper for the county superintendent, at all examinations, 
 to explain the law clearly as to contracts, especially to 
 young and inexperienced teachers. 
 
 The only safe course for a teacher to pursue, is first to 
 secure a certificate. This done, to obtain a legal contract 
 in writing, and not rest satisfied with a verbal promise of 
 the school, from some member of the board. This promise 
 may not be kept, and may be incapable of proof. 
 
 The law will protect qualified teachers, who contract in 
 good faith, and are allowed to go on and fulfill the contract, 
 although the board has not acted legally, or although the 
 persons signing the contract, or some of them were not 
 authorized to do so. It was held by the supreme court of 
 New York (15 Barb., 333), "that where a person is employed for 
 
59 
 
 a corporation by one assuming to act in its behalf, and ren- 
 ders services according to the agreement, with the knowledge 
 of its officers, and without objection on their part, or notice 
 that the contract is not recognized, such corporation will be 
 held to have sanctioned tfie contract, and will be compelled 
 to pay for the services according to the agreement; 
 * * but when the contract is still executory and 
 nothing has been done under it, and the action is to recover 
 damages merely for non-performance, it is for the plaintiff 
 to show a legal contract binding upon the corporation." 
 
 Section 430. Tlie board shall have power to make all 
 needful rules for the government of the schools established 
 in the district, such rules to take effect when a copy of the 'LtX-<- 
 same, signed Sy a majority of the board, shall be liled with 
 the clerk; to suspend any pupil from the privileges of the j^ J^J^ 
 school for non-compliance with the rules established by them, 
 or by the teachers with their consent; to expel from school 
 any pupil who shall persistently refuse or neglect to obey 
 the rules above mentioned, whenever, upon due examina- 
 tion, they shall become satisfied that the interests of the 
 school shall demand such expulsion; and to admit any per- 
 son between twenty and thirty years of age, residing in the 
 district, to any public school under their control, free of tui- 
 tion, when, in their judgment, it will not interfere with the 
 pupils of school age therein. 
 
 The rules and regulations adopted by the district board 
 should be recorded in their minutes, and a copy thereof 
 should be posted in the school room. The rules should be 
 such as the good of the school seems to require. They should 
 be comprehensible and reasonable. They should be so 
 framed as to aid the teacher rather than to supplant him. 
 
 The district board have full authority to organize, regu- 
 late, grade and classify the school, but in all matters of this 
 kind they will act under the advice, and, so far as practica- 
 ble, with the consent of the teacher. The teacher, in the 
 school room, is the executive officer of the board. He must 
 govern the school under the law, and according to such rules 
 as are made in accordance therewith. The rules and regu- 
 lations made by the board must guide him until they are set 
 aside by competent authority. 
 
 The board have authority to suspend any pupil from the 
 privileges of the school for non-compliance w^ith the rules 
 
60 
 
 established by them, or by the teacher, with their consent. 
 The right to attend a common school is a common, not an 
 exclusive or personal right. The supreme court of Massa- 
 chusetts (8 Cush., Mass. R., 164) says, in reference to the 
 right, " like other common rights (that of way, for instance), 
 it must be exercised under such limitations and restrictions 
 that it shall not interfere with the equal and co-extensive 
 rights of others. Take the case of a contagious disease, can 
 it be doubted that the presence of a pupil could be lawfully 
 prohibited, not for any fault, or crime, or wrong conduct, 
 but simply because his attempt to insist on his right to at- 
 tend under such circumstances would be dangerous and 
 noxious, and so an interruption to the equal and common 
 right?'"' In the same case the court held that school officers 
 have the right to exclude a child for open, gross immorality, 
 manifested by licentious language, manners and habits, 
 though not manifested by acts of licentiousness or immor- 
 ality within the school; for, says the court, "it is as neces- 
 sary in the unreserved intercourse of pupils of the same 
 school, as well without as within its precincts, to preserve 
 the pure minded, ingenuous, and unsuspecting children of 
 both sexes from the contaminating influences of those of 
 depraved sentiments and vicious propensities and habits, as 
 from those infected with contagious diseases." 
 
 While there can be no doubt that the board have the power 
 to exclude a child, not for punishment merely, but for the 
 protection of others from vicious influences that would de- 
 feat the object for which the school is organized, yet we are 
 not to forget that humanity dictates that we deal gently with 
 erring children. Education seeks to deter from vice, and also 
 to reclaim those who have become vicious through parental 
 neglect or parental example. Remonstrance and persua- 
 sion must be exhausted before suspension from school can be 
 justified. Expulsion from school is justified only by such in- 
 subordination on the part of the pupil as to render it impos- 
 sible to maintain order and discipline without excluding him. 
 The district board should, however, exercise this power only 
 after earnest effort to avoid a resort to it. Teachers are not 
 without infirmities, and their calling sometimes aggravates 
 
61 
 
 them; and it is the cluty of the board to know that there has 
 been no oppressive exercise of power leading to the insubor- 
 dination which is made the occasion of a punishment so se- 
 vere. Power must always be tempered with benignity, and 
 justice must be administered in the spirit of mercy. 
 
 In case the board neglects to make and establish rules, as 
 provided for in this section, the teacher is not therefore in- 
 hibited from managing and governing the school according 
 to liis best judgment, nor can any advantage be taken 
 of the fact that his rules have not been consented to by the 
 board. In case of serious insubordination he should call 
 upon the board to sustain his authority; and when so called 
 upon, the b^ard should be careful not to weaken his authority 
 by criticising his conduct before the school. (45 Wis., 150.) 
 
 The opinion which has obtained considerable currency in 
 this state, that teachers are not allowed to punish pupils in 
 school, is unfounded. The opinion in question arose from a 
 misunderstanding of a decision by the Supreme Court (Mor- 
 row vs. Wood, 35 Wis., 59). This decision was to the effect 
 merely that where a parent directs a child not to take a cer- 
 tain study in school, the teacher cannot lawfully punish the 
 child for not getting lessons in that study. It does not de- 
 clare punishment in other cases to be unlawful. Neverthe- 
 less, corporal punishment should be resorted to only in case 
 of necessity, and should be moderate and judicious 
 
 The Supreme Court held, in the case of State vs. Burton 
 (45 Wis., 150), that " in a proper case, and when not deprived 
 of the power by affirmative action of the board, the teacher 
 has the inherent power to suspend a pupil from the priv- 
 ileges of the school; though such suspension should be 
 promptly reported to the board, with the reasons therefor." 
 
 The power conferred upon the board to admit persons be- 
 tween twenty and thirty years of age to the school, Avas first 
 given by chapter 184, of the laws of 1877. Its design was 
 to enable persons deficient in a kno wledge of the English 
 language to become more proficient therein. Where no rule 
 concerning admission of this class of pupils has been pre- 
 scribed at an annual meeting, and no fee for tuition has 
 been fixed by the district under the provisions of section 
 
62 
 
 430, this section authorizes the district board to admit them 
 free of tuition when in their judgment it will not interfere 
 with the pupils of school age therein. 
 
 As amended by Chapter 251, Laws of 1883. 
 
 Section 440, The district board shall determine what 
 school and text-books shall be used in the several branches 
 taught in the schools; they shall make a list of such books 
 and file one copy with the clerk, and keep one copy posted 
 in the school house. When any such text-books shall have 
 been adopted, they shall not be changed for the term of 
 three years, and no change of text-books shall be made by 
 a'school board, unless authorized by a majority vote of the 
 legal voters of a district at a regular annual school meeting, 
 and it is hereby made the duty of the district clerk to em- 
 body in his notice of such annual meeting the fact that the 
 question of a change of text-books will be submitted to the 
 meeting. 
 
 It is the duty of the board to exercise the power conferred 
 upon them in this section, if they have not done so already. 
 Sudden, sweeping, and uncalled for changes should not be 
 made, but such as are necessary to secure uniformity and 
 the best progress of the school. To perform this duty the 
 board should hold a legal meeting, and determine, by reso- 
 lution, what school and text-books shall be used, and then, 
 after duly recording the resolution, and posting a copy in 
 the school room, they should see that the books adopted are 
 introduced and used. While the power to select books in 
 the first instance is left by law exclusively in the hands of 
 the district board, it is, nevertheless, proper for them to con- 
 sult with the best teachers in regard to the subject. 
 
 In selecting text-books, all works of a controversial or 
 sectarian tendency should be excluded. 
 
 After a series of books, or any single book, map, or chart, 
 card, etc., has been adopted, no other work on the same sub- 
 ject can be substituted for such series, book, map, etc., within 
 three years, but a new book on a new subject of study, may 
 be added to the list at any time. The law does not require 
 that the list should be changed every three years, but it ex- 
 pressly prohibits changes in text-books which have been 
 adopted, until they have been in use three years; and a 
 c hange cannot then be made, unless authorized by a ma- 
 
G3 
 
 jority vote of the legal voters of the district at a regular an- 
 nual school meeting. Notice that the question of a change 
 of text-books will be submitted to the meeting must be em- 
 bodied in the notice for the annual meeting by the clerk. 
 This provision]affects only those districts which hold annual 
 meetings, and elect district boards. Where schools are 
 managed by boards of education proposed changes must be 
 approved by the common council or board of aldermen. See 
 section oil. 
 
 For any violation of this provision, a fine of $50 may be 
 imposed, as provided in section 503. 
 
 Section 441. The district board shall visit the school 
 under their care, examine into the condition thereof, and 
 the progress of the pupils, advise and consult with the 
 teachers in reference to the method of instruction, manage- 
 ment, and gorernment^ and exercise such general super- 
 vision as is necessary to carry out the provisions of this 
 chapter. 
 
 A careful performance of the duty imposed by this sec-,- 
 tion would increase the efficiency of our schools. The mem-< 
 bers of the district board should visit the school frequently. 
 These visits should be informal, and should be marked by 
 courtesy towards the teacher, and kindness towards the 
 pupils ; but classes should be examined', and the manage- 
 ment of the school should be carefully observed. An arrange- 
 ment that will enable the members of the board to visit the 
 school in turn, and that will secure a report in writing from 
 each person visiting it, is very desirable. 
 
 The board should also invite competent and prudent per- 
 sons to examine the school, and to report to them in writing 
 the result of such examination. JSTo business can be suc- 
 cessfully conducted without faithf al and intelligent super- 
 vision. This obvious rule is especially applicable to educa- 
 tional affairs. 
 
 COMPULSORY EDUCATION. 
 
 As the law upon this subject, passed at the session of 1879, 
 devolves certain duties upon the school board, it is inserted 
 in this place, with such comments as are needed. Section 
 2 of this act was amended by chapter 298, laws of 1882, and 
 the section as thus amended, is given here. 
 
64 
 
 Chapter 131, Laics of 1879. 
 
 AN ACT to secure to children the benefit of an elementary 
 
 education. 
 
 Section 1. Every parent, guardian, or other person, in 
 the state of Wisconsin, having charge or control of any 
 child or children between the ages of seven and fifteen 
 years, shall be required to send such child or children to a 
 public or private school, for at least twelve weeks in each 
 school year, commencing on the. first day of September, in 
 the year one thousand eight hundred and seventy-nine, 
 unless the school-district board, or board of education of the 
 school-district, village, or city in which such parent or 
 guardian shall reside, shall excuse, by physician's certificate, 
 or other good reason, such child from attendance, on its 
 being shown, to their satisfaction, that the child's bodily or 
 mental condition is such as to prevent its attendance at 
 school, or application to study for the time required, or that 
 its time and labor are essentially necessary for the support 
 of an indigent parent, brother, or sister, or that such child 
 is being otherwise furnished with the means of education 
 for a like period of time, or has alread}'- acquired a fair 
 knowledge of the branches of learning ordinarily taught in 
 the common schools of this state ; provided, that in case 
 the public school in the district in which such parent or 
 guardian resides, shall be distant more than two miles from 
 his residence, by the nearest traveled road, he shall not be 
 liable to the provisions of this act. 
 
 Section 2. The school board, or the board of education, 
 after having given notice, as now required by law, for 
 special school meetings, shall meet at the school house in 
 their respective districts, or at some other place to be desig- 
 nated in such notice, on the first Monday of September in 
 each year, or within fifteen days thereafter, for the purpose 
 of hearing causes for the non-attendance upon the public 
 school of all children in such districts between the ages of 
 seven and fifteen years, and all parents, guardians or other 
 persons having charge of such children, shall appear and 
 show cause for such non-attendance ; and if such parent, 
 guardian or other person shall claim exemption from this 
 act on the ground that his child or ward has attended some 
 other school than the public school of such district, he shall 
 file with the clerk a written statement, showing what school 
 such child or ward attended, and the number of days of 
 such attendance within the year ending on the 31st day of 
 August next preceding, and the district clerk at such meet- 
 ing shall make a list of all children residing in the district 
 who have not attended the public school for the time re- 
 quired by this chapter; and shall note, opposite the name of 
 each, whether such child is exempt from the provisions of 
 this chapter, and, if exempt, the cause for such exemption. 
 
65 
 
 Section o. ._Suc1i school books as may be necessary shall 
 be furnished for the children contemplated in this act, in 
 the manner and nnder the conditions provided for in section 
 four hundred and thirty-six of the revised statutes. 
 
 Section 4. In case any parent, guardian, or other person 
 shall fail to comply with the provisions of this act, said 
 parent, guardian, or other person shall be liable to a fine of 
 not less than five nor more than ten dollars for the first 
 offense, nor less than ten nor more than thirty dollars for each 
 and every subsequent offense. Such fine shall be collected by 
 the school district director or president of the board of 
 education in the district, village, or city in which the offense 
 is committed, in the name of the state of Wisconsin, in an 
 action before any justice of the peace, or any court having 
 competent jurisdiction. And the fine so collected shall be 
 paid into the school fund. 
 
 Section 5, It shall be the duty of the director of any 
 school-district, 6r president of the board of education of 
 any incorporated village or city, to prosecute any offense 
 occurring under this act, and such person neglecting to prose- 
 cute for such fine within fifteen days after a written notice 
 has been served on him by any qualified elector or tax payer 
 within the district, village, or city in which the offending 
 party shall reside, shall be liable to a fine of not less than 
 ten nor more than twenty dollars for each offense; such fine 
 to be collected in the name of the state of Wisconsin in an 
 action before a justice of the peace of any court of compe- 
 tent jurisdiction, by any person feeling aggrieved thereby. 
 Said fine shall be paid to the town, village, or city treasurer, 
 in accordance with section four of this act. 
 
 Section 0. Two weeks' attendance at half-time or night 
 school, shall be considered within the meaning of this act 
 equivalent to an attendance of one week at a day school. 
 
 Section 7. This act shall take effect and be in force from 
 and after the first day of September, 1879. 
 
 It is not parents or guardians alone who are amenable 
 under this act. Every person having charge of any chil- 
 dren between seven and fifteen, must see that they receive 
 the "benefit of an elementary education."' As any such per- 
 son, though not sustaining the relation of parent or guard- 
 ian to a child, would not be allowed to withhold from it 
 bodily food, so he must not neglect its education. The mini- 
 mum of twelve weeks' attendance each year upon either a 
 public or private school, is required, or equivalent instruc- 
 tion at home, unless the child has already acquired a reason- 
 able elementary education. 
 
 By a private school, is to be understood a school in 
 5— S. C. 
 
66 
 
 which private instruction is given in the elementary 
 branches required to be taught in the pubhc schools. In the 
 public schools, instruction must be given, in all branches, in 
 the English language, it being deemed for the public inter- 
 est that all children thus have the opportunity to learn this 
 language, as the common language of the country; but the 
 compulsory act does not go so far as to require that every 
 child shall be educated in and through that language. It 
 aims to prevent children from growing up uneducated. The 
 exemptions on account of the health of the child, the need 
 of its labor, or the distance from school, are to be noted. 
 
 The duties of the board are, at stated times, to take note 
 of the attendance or non-attendance of children between 
 the ages named, upon public or private schools. As to at- 
 tendance upon the former, the school register should be a 
 sufficient source of information, but the board will ascertain 
 the facts of each case in such manner as they shall find ex- 
 pedient. 
 
 This act requires a meeting of the school board on the 
 first Monday of September, annually, to hear reasons for 
 non-attendance of children in the public school, and a list to 
 be made of all children residing in the district who have 
 not attended school during the preceding year, and a note 
 opposite the name of each child on such list indicating 
 whether the child is exempt from attendance, and if so, for 
 what cause. 
 
 That a child, not exempted under section one, should not, 
 at any particular time, be in attendance upon a public or 
 private school, or under instruction at home, would not con- 
 stitute a violation of the act, to the extent of incurring any 
 penalty, until it should appear that the school year had 
 passed away without the minimum of twelve weeks attend- 
 ance at school, or equivalent instruction otherwise, required 
 by the law. This point of neglect reached, the parent, 
 guardian, or other. person thus failing to comply with the 
 law, becomes liable to the fine named, to be collected by the 
 director, or president of the school board ; and such officer 
 neglecting to prosecute violations of the law, himself be- 
 comes liable to a fine. 
 
67 
 
 It will be seen that any qualified elector or tax payer in a 
 district may give notice of offenses under the act. 
 
 It is to be hoped that there will be little need of the en- 
 forcement of the law : that all persons having charge of 
 children will cheerfully comply with its provisions, without 
 coercion. The knowledge that such a law exists, will act as 
 a stimulus to such parents or others as are negligent to do 
 their duty in the matter. 
 
 DIRECTOR. 
 
 Section 442. It shall be the duty of ihe director of each 
 district : 
 
 1. To countersign all orders legally drawn by the clerk 
 upon the treasurer of the district. 
 
 2. To appear for and on behalf of the district in all 
 actions brought by and against it, when no other direction 
 shall have been lawfully given at a district meeting. 
 
 3. To cause an action to be prosecuted in the name of the 
 district, on the treasurer's bond in case of any breach of any 
 condition thereof, and to apply all money when collected to 
 the use of the district as the same should have been applied 
 by the treasurer. 
 
 The director is required to countersign orders legally 
 drawn, and it is his duty to know that an order presented to 
 him for his signature is drawn in accordance with law, be- 
 fore he affixes his name thereto. The object of this pro- 
 vision of the law is to protect the interests of the district. 
 
 By the provisions of subdivision 15 of section 430, the dis- 
 trict has power, at any meeting duly called, to give such 
 direction, and make such provision, as may be deemed 
 necessary in relation to the prosecution or defense of any 
 ac'ion or proceeding in which the district may be a party or 
 interested ; and unless some other person is designated to 
 perform the duty, the director is required to bring suit and 
 carry out the will of the meeting. The director has no 
 power under the statutes to bring suit, upon his own motion, 
 in behalf of the district, except in case of breach of the con- 
 dition of the treasurer's bond. In this case, it is his duty to 
 commence proceedings to protect the interest of the district 
 at once, without waiting for the action of a district meet- 
 ing. 
 
 If an action is commenced against the district, the director 
 
68 
 
 must appear in behalf of the district, without waiting 
 for authority from a district meeting. The district may, 
 however, designate some other person to act as their repre- 
 sentative in the defense, if they think it expedient. 
 
 TREASURER. 
 
 As amended by Chapter 117, Laivs of 1879. 
 
 Section 443. The treasurer of each district shall, within 
 ten days after his election or appointment, execute to the dis- 
 trict, and file with the clerk a bond with sufficient sureties, 
 in double the amount, as nearly as can be ascertained, of all 
 the money to come into his hands as treasurer, during his 
 term of office, conditioned for the faithful discharge of the 
 duties of his office, and approved by the director and clerk. 
 Whenever the director and clerk shall deem the bond of 
 any treasurer insufficient, they shall demand an additional 
 bond with the like condition, in such sum as they shall fix, 
 which shall thereupon be executed, approved, and filed in 
 the manner aforesaid within ten days after such demand. 
 The neglect or refusal to file such bond in either case, shall 
 vacate the office, provided, that no person employed as a 
 school director, clerk, or teacher, shall hold the office of 
 school treasurer in the same district.* 
 
 A neglect to file the bond completed and approved, within 
 ten days, as the law directs, vacates the office. Filing it 
 with the approval of one member of the board only, or after 
 the time expires, is of no effect. It is obviously improper 
 for either the director or the clerk to become surety for the 
 treasurer. 
 
 The power granted the clerk and director, by this section 
 to require an additional bond, when deemed necessary, 
 : should be exercised whenever the interests of the district 
 "demand it. iN"o good citizen will regard the exercise of this 
 ipower as an imputation upon his character. Whenever the 
 ^security on the bond is not such as the law requires, it is 
 ^obviously the duty of the treasurer to furnish additional 
 ^security, and it must be done promptly, within ten days, 
 just as in the original filing of the bond. 
 
 When the office is vacated from either of the causes 
 named, the board will appoint a treasurer, who will be sub- 
 ject to the same conditions, and possess the same powers as 
 if elected to the office. 
 
 *See Forms Nos. 22 and 28. 
 
69 
 
 The provision at the end of the section is an amendment 
 made by the legislature of 1879. It would more appro- 
 priately have been added to section 431. It is referred to- 
 and commented upon in connection with that section. 
 
 Sectiox -44:4. The treasurer of each school-district shall 
 apply for and receive from the town treasurer all school 
 money apportioned to the district or collected for the same 
 by said town treasi; rer, and pay all money received by him 
 on the order of the clerk, countersigned by the director, and 
 not otherwise. He shall keep a book in which he shall enter 
 all the money received and disbursed by him, specifying 
 particularly the sources from which the same has been re- 
 ceived, the persons to whom, and the object for which the 
 same has been paid, and shall afford the clerk access thereto, 
 when desired, to enable him to make his annual school re- 
 port. He shall present to each annual meeting, a report 
 in writing, containing a statement of all moneys received 
 by him during the preceding year, and of each item of dis- 
 bursement made by him, and exhibit the voucher therefor. 
 At the close of his term of office, he shall settle with the 
 district board, and deliver to his successor said book and all 
 vouchers, orders, and papers coming into his hands as treas- 
 urer, together with all money remaining in his hands as such 
 treasurer. 
 
 The district treasurer can ascertain the amount of money 
 to which his district is entitled, by examining the certificate 
 of apportionment on file in the town treasurer's office, 
 which that officer receives from the town clerk. The dis- 
 trict treasurer should pay all legal orders in the order of 
 presentation, when no special direction appears upon the 
 order to the contrary. 
 
 The law now requires the treasurer to give the clerk ac- 
 cess to his books, in making his report. 
 
 It is a duty which the treasurer owes to himself, as well 
 as to his district, to keep an accurate record of his accounts, 
 so as to be able to present a clear and satisfactory statement 
 of the transactions of the year. The account required to be 
 kept by him, may be a simple cash account, in which the 
 treasuTer persoiiallij, and in his individual name is charged 
 with all school moneys received by him, and credited with 
 each payment, specifying the date, the person to whom and 
 the account on which it was made. It is convenient and 
 will conduce to accuracy to number each credit consecu- 
 
. TO 
 
 tively, and to affix the same number to the order to be pro- 
 duced in proof of payment, and in support of such payment. 
 This account should be kept in a book well bound, and a 
 transcript of such account should be made, and with the 
 proper vouchers, presented to the annual meeting. This 
 transcript should be examined by a committee appointed by 
 the meeting, and should be endorsed by said committee as 
 having been examined and found correct, if the committee 
 find it regular in all respects. When at the close of his 
 term of office, he settles with the district board as required 
 by law, the board should enter, upon the original account in 
 the blank book, their certificate that they have examined 
 such account up to and including the last preceding entry, 
 (giving its date) and the vouchers therefor, and that they 
 find the same correct. 
 
 It is deemed proper to refer here to the present law in re- 
 gard to embezzlement. Refusal of an officer or other per- 
 son, made the custodian of money, to pay over the same on 
 lawful demand, is declared to be embezzlement, and is 
 punishable by imprisonment or fine. And if any person so 
 demanding money and refused the same, neglects to make 
 complaint against such officer, he is also punishable by im- 
 prisonment or fine. Sections 4418-4421 of the revised stat- 
 utes relate to this matter. It will be seen by section 983, 
 that whenever any judgment has been rendered against the 
 treasurer for any breach of the conditions of his bond the 
 governor may declare the office vacant. The vacancy will 
 be filled as other vacancies in the district board are filled. 
 
 It is also deemed proper to refer here to the provisions of 
 law relating to proceedings to compel the delivery of books 
 and papers of public officers to their successors, contained 
 in chapter XLIII revised statutes, and embracing sections 
 977-983 inclusive. Severe penalties and summary proceed- 
 ings are therein provided for failure to thus deliver books 
 and papers to successors. 
 
 Section 445. The treasurer of any school-district shall 
 prosecute the town treasurer of the town in which such dis- 
 trict or any part thereof ic, situated, for the recovery of any 
 money belonging to such district, in all cases when such 
 town treasurer shall refuse or neglect, for the space of ten 
 
71 
 
 days from the time fixed by law therefor, to pay the same 
 to the proper officer of such district. 
 
 The treasurer will bring the action before a justice of the 
 peace, if the amount withheld does not exceed $200 ; other- 
 wise, in the circuit court. 
 
 CLERK. 
 
 Section 4iG. It shall be the duty of each school-district 
 clerk : 
 
 1. To report the name and post-office address of each 
 officer of his district to the town clerk, or if a joint district, 
 the town clerk of each town in which his district or any 
 part thereof is situated, within ten days after the election or 
 appointment of such officer. '^ 
 
 2. To act as clerk when present, and record the proceed- 
 ings of each district, and minutes of all meetings, orders, 
 resolutions, and other proceedings of the district board, in 
 the record book provided by the board, and to enter therein 
 copies of all reports made by him to the town clerk. 
 
 3. To make "in such book, or in some other suitable one, a 
 record of all orders drawn upon the treasurer. 
 
 4. To draw orders on the treasurer for money in his hands 
 which has been apportioned to or raised by the district for 
 that purpose, in payment, when due, of the wages of legally 
 qualified teachers who have been employed by the board, 
 and have taught the school of such district, and also to draw 
 orders on the treasurer for money in his hands, to be dis- 
 bursed for any other purpose, voted by a district meet- 
 ing, according to the provisions of section four hundred and 
 thirty, and each order shall designate the object for which 
 and the fund upon which it is drawn, and shall be counter- 
 signed, by the director. No order shall be drawn, counter- 
 signed, or paid which is in favor of any person who has 
 taught school in said district when not holding a certificate 
 of qualification therefor, as provided by law, nor for the 
 payment of which the money has not been appropriated 
 according to law, and no order shall be drawn for any money 
 received from the school fund income, for any other pur- 
 pose than payment of teachers' wages.* 
 
 5. To furnish, at the expense of the district for the use of 
 each teacher, a school register in the form prescribed by the 
 state superintendent, to procure the same to be returned to 
 him at the expiration of the teacher's employment, and to 
 preserve the same with the records and papers of the 
 district. 
 
 G. To perform such other duties as are or shall be imposed 
 upon him by law. 
 
 *Seo Form No. 24. 
 
72 
 
 The duties of the clerk are such that the prosperity and 
 harmony of the school of his district depend greatly upon 
 the manner in which he discharges them. 
 
 The name and post-office address of each district officer 
 should be known to the town clerk, to enable him to hold 
 official correspondence with them. 
 
 The importance of full and accurate records cannot be too 
 strongly enforced. The record book of the district should 
 contain a full history of its school affairs. Dates, names, 
 resolutions, votes, etc., should be given with such exactness 
 that no trouble can arise which a reference to iis pages will 
 not help to settle. Financial statements and reports should 
 be spread out on the record book. Documents that are 
 merely filed, are soon lost. 
 
 The clerk cannot properly refuse to record the proceed- 
 ings of a meeting that he wj,s opposed to calling. And 
 although he may think the proceedings illegal, it is his duty, 
 nevertheless, faithfully to record them. If illegal, they may 
 be set aside by competent authority, on appeal; and the 
 record of the clerk is of importance in deciding the question. 
 
 As the board has no authority to contract with a teacher 
 who does not hold a legal certificate of qualification, so also 
 any use of public funds, from whatever source received, for 
 the payment of teachers not legally qualified, is a palpable 
 violation of law. It is the duty of the clerk to see and know' 
 that the person employed is legally qualified and entitled to 
 teach, before any order for payment is drawn. It is no less 
 the duty of the director to refuse to countersign, and of the 
 treasurer to refuse to pay, orders drawn in violation of law; 
 and these officers are bound to know that orders are legal 
 before they recognize them as valid. 
 
 The order for payment of teachers' wages can be drawn 
 only in fa,vor of the teacher. If he is desirous to apply his- 
 wages to the payment of a private debt, he can indorse the 
 order to his creditor, but it is for him, and not for the clerk, 
 to distribute his wages. 
 
 The provision and preservation of a school register is im- 
 portant, and should be promptly attended to. The duties of 
 the clerk as to his report are stated under section 4G2. 
 
73 
 
 Every clerk of a district should feel that, by a proper dis- 
 charge of his duty in keeping his records with fidelity and 
 neatness, he may leave an honorable memorial of himself 
 that shall last while his district exists. More especially may 
 this be expected when he is paid for his services. 
 
 WHAT SHALL BE TAUGHT. 
 As Ame7ided by Chapter 327, Laws of 1885. 
 
 Section 447. Orthography, orthoepy, reading, writing, 
 grammar, geography, arithmetic, the constitution of the 
 United States, and the constitution of this state shall be 
 taught in everj^ district school, and such other branches as 
 the district board may determine. All instruction shall be 
 in the English .language, except that the district board or the 
 board of education of any incorporated village or city may, 
 in their discretion, cause any foreign language to be taught 
 by a competent teacher to such pupils as desire it, not to 
 exceed one hour each day. 
 
 Provision shall be made by the proper local school authori- 
 ties for instructing all pupils in all schools supported by- 
 public money, or under state control, in physiology and 
 hygiene with special reference to the effects of stimulants 
 and narcotics upon the human system. 
 
 The text-books used in giving the foregoing instruction 
 shall receive the joint approval of the state superintendent 
 of public instruction, and the state board of health. 
 
 The law wisely provides that those branches essential to 
 a good common education shall be taught in every public 
 school, and that all branches of study shall be taught in the 
 English language. 
 
 The district board should avoid the introduction of any 
 branch of study, aside from those required by law, which 
 will tend to practically exclude the foregoing. They should 
 insist upon the school being so conducted as to secure daily 
 instruction and daily practice in reading, spelling, and writ- 
 ing. These branches are often neglected, and others, such 
 as algebra, Latin, and rhetoric, are introduced, to the detri- 
 ment of all the scholars in the school. It is especially neces- 
 sary that teachers should require their pupils to write in 
 connection with every school exercise, from the primary 
 school to the university. 
 
 The law contemplates an English school. The object of 
 the public school is to educate children so as to make them 
 
74 
 
 good citizens. Its instruction, discipline, and government 
 must be of such a character as to prepare the young to dis- 
 charge their duties as citizens of a country where the 
 language of the courts, the legislature, and the people, is 
 the English language. To secure the requisite ability on 
 the part of the teacher to carry out this provision of the 
 law, section 449 provides "that no person shall receive a cer- 
 tificate of any grade who does not write and speak the 
 English language with facility and correctness." Teachers 
 who speak other than the English language may be em- 
 ployed, and their knowledge of German or Norwegian may 
 be of great use in teaching the children of these nationali- 
 ties, but every teacher must speak, write, and read English 
 before he is legally qualified to teach a public school. 
 
 The law does not require that the constitutions ehall be 
 taught to all pupils, irrespective of age, but to such as are 
 advanced enough to receive instruction with benefit. Text- 
 books are no longer furnished for this purpose at the ex- 
 pense of the state. 
 
 In consequeoee of the large and increasing number of per- 
 sons of foreign birth in this state, the law provides that one 
 hour in each day may be given to instruction in foreign 
 languages. The intention of this provision is not to encour- 
 age, but rather to limit the introduction of other languages 
 than the English into common schools. While it is natural 
 that persons of foreign birth should wish their children to 
 read as well as speak their native tongue, it is the jjolicy of 
 the state to provide that all may learn the common language 
 of the country. The provision in question is not intended to 
 affect instruction in the classical or modern languages, when 
 the same form a part of a course of study in high schools. 
 
 The provision added by chapter 327, laws of 1S85, contem- 
 plates instruction in physiology and hygiene, for all pupils 
 sufficiently advanced in age and scholarship, with special 
 reference to the effects of stimulants and narcotics upon the 
 human system. By an amendment of section 449 no person 
 can receive a certificate authorizing to teach in the public 
 schools after the first day of January, 1886, who has not 
 passed a satisfactory examination in physiology and hygiene 
 
75 
 
 with reference to the effects of stimulants and narcotics upon 
 the human system. 
 
 In due time the text-books to be used in the instruction 
 upon these subjects will be approved by the parties desig- 
 nated for that purpose, and announcement will doubtless be 
 made from time to time of the text-books so approved, for 
 the information of district boards, who are required to adopt 
 a text-book on this as on all other subjects taught in the 
 schools. The effectiveness of the work in these branches 
 will largely depend upon the simplicity and practical char- 
 acter of the instruction given, and the good judgment of 
 teachers in avoiding abstruse and offensive methods of pres- 
 entation. jSTo more valuable or interesting study can be 
 pursued than that of the structure and care of the human 
 body, through which all intellectual and physical energy and 
 power is to find expression. Competence to guide and aid 
 pupils in this study can only be acquired through patient and 
 thorough study on the part of teachers, to which they must 
 now address themselves if they have not hitherto mastered 
 the subject. 
 
 in. CERTIFICATES AND EXAMINATIONS. 
 
 Section 448. Every person who shall desire to teach in 
 any of the common schools, unless he shall hold a diploma 
 or certificate then authorizing him to teach, shall procure 
 such certificate from the proper examining officer, as here- 
 inafter provided ; and no certificate shall have force, except 
 in the district of the examining officer who issued the same. 
 
 The comments on section 438 are referred to in this con- 
 nection. Teachers as well as school officers should see to it 
 that the law in regard to certificates is carefully complied 
 with. The only safe and prudent course is to obtain the 
 certificate in due season, though it may require some trouble 
 and expense. 
 
 ..4s amended by Chanter 327, Laws of 1885. 
 
 Section. 440. There are hereby established three grades 
 of teachers' certificates, to be known as certificates of the 
 first, second, and third grades. Each certificate shall show 
 the branches in which the holder has been examined, and his 
 relative attainments in each branch. No person shall receive 
 
76 
 
 any certificate who does not write and speak the English 
 language with facility and correctness. No certificate shall 
 be granted to any person to teach in the public schools of 
 Wisconsin, after the first day of January, 1886, who has not 
 passed a satisfactory examination in physiology and hygiene 
 with special reference to the effects of stimulants and nar- 
 cotics upon the human system. 
 
 The last clause of this section, which was added by chap- 
 ter 327, laws of 1885, while not in terms adding a branch 
 in which applicants for any particular grade of certificate 
 must be examined, yet in effect requires that an applicant 
 for any grade of certificate shall pass a satisfactory exami- 
 nation in the topics named. For further notes upon this 
 matter see comments upon section 447. 
 
 Section 450. , Every applicant for a certificate shall be 
 examined in the subjects hereinafter mentioned for the 
 several grades respectively as follows : For the third grade, 
 in orthoepy, orthography, reading, penmanship, arithmetic, 
 English grammar, geography, the history of the United 
 States, the constitution of the United States, the constitution 
 of the state of Wisconsin, and the theory and art of teach- 
 ing. For the second grade, in all the foregoing, and also in 
 grammatical analysis, physiology, physical geography, and 
 elementary algebra. For the first grade, in all the foregoing, 
 and also in higher algebra, natural philosophy, and geome- 
 try ; and if found qualified, shall receive the certificate ap- 
 propriate to his grade. A third grade certificate shall en- 
 title the holder to teach for such period, not more than one 
 year, as may be specified therein, in any town in the super- 
 intendent district in which he is examined, except that it 
 may be limited by the county superintendent to any town 
 or school-district "therein. A second grade certificate shall 
 entitle the holder to teach in any town in such superintend- 
 ent district, and be in force one year from its date. A first 
 grade certificate shall entitle the holder to teach in any 
 town in such superintendent district, aiid be in force two 
 years from its date. 
 
 Candidates for a third grade certificate should be required 
 as the minimum of qualifications, to spell correctly the 
 words of any ordinary sentence, dictated by the examiner, to 
 know something of the rules of spelling, to understand the 
 use of capitals, and the diacritical marks in Webster's diction- 
 ary; to pronounce with facility and correctness, common 
 words, and to read distinctly and intelligibly from an ordi- 
 nary book; to work readily any ordinary question in 
 
T7 
 
 common arithmetic, giving reasons for the operations; to 
 parse correctly anj sentence of common prose, and to under- 
 stand the elements of sentential analysis; to have a fair 
 knowledge of geography, especially of the United States, 
 and of this state, of the history of the country, and of the 
 constitutions of the United States and of Wisconsin; to write 
 plainly, and to know something of the principles of pen- 
 manship; and finally, to have some correct ideas of methods 
 of teaching and of the management of a school, -^e,- also' 
 comments upon section 449. 
 
 Applicants for a second grade certificate should under- 
 stand more thoroughly the rules of spelling, pronunciation, 
 and elocution, the diacritical marks, and marks of punctua- 
 tion; should spell all common words though difficult, and be 
 able to read with intelligence and expression; they should, 
 write a good hand, and be able to teach some good system 
 of penmanship; they should understand the science of 
 arithmetic, and be able to teach book-keeping by single 
 entry; they should write grammatically and compose with 
 facility, and should have, in addition to a thorough knowl- 
 edge of the branches required for a third grade certificate, a 
 good knowledge of the additional branches required for the 
 second grade, more especially of physiology and hygiene. 
 
 For a first grade certificate, the law requires a knowledge 
 of higher algebra, natural philosophy, and geometry, in 
 addition to the branches required for the lower grades, and 
 the examination in the common branches should be thorough 
 and searching. 
 
 It would not be amiss if the law had provided that certifi- 
 cates of the first grade shall be granted only to those who 
 have had experience in the profession, and who have been 
 eminently successful in the government of schools, but it has 
 not done so. 
 
 The third grade certificates are intended for temporary 
 licenses, to be granted to persons of limited attainments. 
 Earnest efforts are needed on the part of the superintendents 
 to induce more teachers to seek certificates of a higher 
 grade. District officers can greatly contribute to this result 
 by seeking the best teachers, and they will find it the best 
 
78 
 
 economy in the end, although wages paid to such teachers 
 may be higher. 
 
 Under the law as it now stands, the third grade certificate 
 entitles the holder to teach for such period, not more than 
 one year, as may be specified therein, in any town in the 
 county or superintendent district; but it may be limited to 
 any town or school-district, at the discretion of the examiner. 
 These limited third grade certificates should be granted only 
 when necessity requires. 
 
 Second grade certificates will continue in force one year, 
 
 and first grade tM^o years, unless sooner annulled. 
 
 Section 451. Each county superintendent shall, under the 
 advice and direction of the state superintendent, establish 
 for his county the standard of attainment in each branch of 
 study, which must be reached by each applicant, before re- 
 ceiving a certificate of either grade, and the standard so 
 established shall be uniform in the superintendent's district. 
 He may demand an examination in such additional branches 
 as the applicant may be required to teach, and whenever he 
 shall deem it necessary may require a re-examination of any 
 teacher in his district for the purpose of ascertaining his 
 qualifications to continue as such teacher. 
 
 In the comments on section 450, the minimum standard of 
 qualifications of teachers for the several grades of certifi- 
 cates is outlined, and these comments should be carefully 
 noted by county superintendents in preparing tests for use 
 in examinations. Uniformity of standard for the county 
 does not require identity of questions. These may require 
 to be changed, even during the same season. It will of course 
 be the effort of the superintendent to raise the standard, 
 as fast as the general progress in education will admit. 
 
 It is not supposed that any superintendent will capri- 
 ciously require re-examination, nor that he will not give 
 proper faith and credit to the work of his predecessor ; but 
 cases may arise in which duty will require such re-exami- 
 nation. 
 
 By chapter 311, laws of 1885, graduates of free high schools, 
 after obtaining a first grade certificate of the county super- 
 intendent of the county in which the free high school from 
 which they graduate is located, and after one year of suc- 
 cessful experience in teaching, may have the certificate of 
 
19 
 
 standing accorded to them at graduation countersigned by 
 any county superintendent, and thus made in effect a first 
 grade county certificate vaHd for the period of four years 
 from the time the same is countersigned. It will be noted 
 that the diploma must be countersigned by the superintend- 
 ent of the county or superintendent district in which the 
 holder desires to teach. Being countersigned by one super- 
 intendent will not give authority to teach in any county or 
 district except that in which the superintendent counter- 
 signing has jurisdiction. The law is hereto appended : 
 
 Chapter 311, Laws of 1885. 
 
 AN ACT relating to graduates of free high schools. 
 
 Section 1. The high school board of each town, incorpo- 
 rated village, city, or school-districts, which contains within 
 its limits an incorporated village, in this state, in which 
 there is, or shall hereafter be maintained a free high school, 
 according to the provisions of law, shall make out and de- 
 liver to each graduate of such respective high schools at 
 the time of graduation, a certificate of his standing in the 
 various branches which he has pursued in such school, and 
 any such graduate who shall have duly passed an examina- 
 tion for and received a first grade certificate from the county 
 superintendent of schools of the county where he shall then 
 reside or shall have so graduated, upon furnishing to any 
 county superintendent satisfactory proof of having success- 
 fully taught at least one school year under such first grade 
 certificate, such county superintendent may countersign 
 such certificate of graduation or diploma and the same 
 when so countersigned shall have the same force and effect 
 for all purposes of a first grade county certificate for the 
 period of four years, from and after the time when the same 
 is so countersigned. 
 
 Section 452. Any applicant refused a certificate as a 
 teacher by the county superintendent, may apply to the 
 state superintendent for a re-examination. The superin- 
 tendent, upon demand, shall give any applicant refused a 
 certificate a written statement of the reasons of such re- 
 fusal, which shall be presented to the state superintendent 
 by the person desiring re-examination. P, upon such re- 
 examination, the state superintendent shall be satisfied that 
 such applicant is legally qualified, he shall issue a certificate 
 of the proper grade, which shall entitle him to the same 
 privileges as if it had been issued by the county superin- 
 tendent. 
 
80 
 
 An appeal from the action of a county superintendent in 
 refusing to grant a certificate, must be conducted according 
 to the rules and regulations of the department governing 
 appeals. As the county superintendent fixes the standard 
 of attainments under the advice of the state superintendent, 
 no appeal need be taken under the impression that the 
 standard w^ill be lov/ered. 
 
 If the refusal is for want of literary qualifications, a re- 
 examination will probably be necessary. If for other rea- 
 sons, the decision will be rendered according to the evidence 
 submitted. The forms and rules to be observed by a teacher 
 in taking an appeal will be found under section 497. 
 
 Section 453. When any charge shall be made against 
 any teacher in his district, affecting his moral character, 
 learning, or ability to teach, the county superintendent shall 
 give to such teacher, and the district board by whom he 
 is employed, at least ten days' notice in writing of the time 
 and place when and where he will hear the same, which 
 shall in all cases contain a statement of such charges. At 
 the time and place fixed in such notice, he shall proceed to 
 hear the proofs on either side, and may administer oaths 
 therefor, and give the accused a reasonable opportunity to 
 defend himself, and if he shall find the charges sustained, 
 and sufficient, he may annul his certificate. Such annulling 
 of a certificate shall not disqualify the teacher until notice 
 thereof, containing the name, date, and reasons therefor, 
 shall be filed in the office of the town clerk, and a copy 
 thereof delivered to the clerk of the district in which such 
 teacher is employed. 
 
 STATE CERTIFICATES. 
 
 Section 454. The state superintendent shall, before the 
 second Wednesday of August in each year, appoint three 
 competent persons, residents of this state, who shall consti- 
 tute a board of examiners. Said board shall meet at the 
 capitol once or more each year, at such times, and also at 
 such other places as the state superintendent shall prescribe, 
 for the examination of all applicants for state certificates. 
 The state superintendent shall prescribe the manner of 
 making application, of conducting and managing such ex- 
 aminations, reporting the results thereof, and with the 
 advice of the examiners, in what branches of study, in 
 addition to those fixed by law, the applicant for an unlimited 
 state certificate shall be examined. 
 
81 
 
 Section 455. To entitle an applicant to a limited state 
 cenificate, the examiners shall be satisfied, and shall report 
 to the state superintendent that he possesses the requisite 
 scholarship in all the branches of study required for a first 
 grade county certificate, and also in mental philosophy and 
 English literature. To entitle him to an unlimited state 
 certificate, they shall be satisfied and report that he pos- 
 sesses the requisite scholarship in all the branches above 
 named, and in all such others as shall have been prescribed. 
 After successful examiT-ation each applicant shall furnish 
 to the state superintendent such evidence as he may require 
 of good moral character, experience, and success in teaching 
 and there upon the state superintendent shall issue to him 
 such certificate as is awarded bim by the report of the ex- 
 aminers. A limited state certificate shall qualify to teach 
 in any public school in the state without further examina- 
 tion, for five years from its date, unless sooner annulled 
 An unlimited state certificate shall qualify to teach, withou 
 any further examination, in any public school in the statet 
 or until the same is annulled. 
 
 ttiiCrioN -t-)d. i'hd staie superintendent shall record the 
 date of each certificate, and the name, age, and residence of 
 the person to whom issued ; and he shall preserve on file in 
 his office all papers relating to the examination of applicants 
 for state certificates. 
 
 Section 457. Any state certificate may be revoked by the 
 state superintendent for incompetency or immoral conduct; 
 but before any such revocation, the holder shall be served 
 with a written statement of the charges against him, and 
 shall have an opportunity for defense. 
 
 Section 458. There shall be paid out of the state treasury, 
 to each examiner appointed as aforesaid, three dollars per 
 day for all time actually and necessarilj'' spent in going to,, 
 holding, and returning from any such examination, and all 
 his actual and necessary expenses therein to be fixed and 
 ce^rtified by the state superintendent. 
 
 Since 1872, there have been two grades of state certificates. 
 Applicants for either grade are required to present satisfac- 
 tory evidence of good moral character. 
 
 The present requisites for obtaining a limited state certifi- 
 cate, good for five years in any public school in the state, are 
 a successful examination in the studies now required for a 
 first grade county certificate, with the addition of English 
 ^.literature and mental philosophy, and satisfactory evidence 
 of success in teaching for at least three ordinary school 
 terms. The rudiments of mental philosophy only are re- 
 quired. For the unlimited certificate, the rudiments of 
 6— S. C. 
 
82 
 
 botany, geology, and political economy, and general history 
 are added. Evidence of success in teaching nine terms will 
 also be required. 
 
 Under the present rules an examination in zoology and 
 chemistry is not required. 
 
 When an applicant is personally known to the state super- 
 intendent, or to either member of the board of examiners, as 
 having a good moral character, no specific testimony will be 
 required; but when not thus known, written testimonials 
 from one or more responsible persons acquainted with the 
 applicant, must be presented. 
 
 In respect to the length of time that an applicant has 
 taught, his own declaration, giving the time, place and kind 
 of school, will be sufficient. 
 
 The proof of success in teaching must be clear and ex- 
 plicit. Written testimonials from employers, or ether re- 
 sponsible and competent persons, will be required. 
 
 The examination will be conducted by both oral and 
 printed questions, in such manner that exact justice will be 
 done to each applicant. 
 
 Applicants who fail in any of the branches required, may 
 present themselves for re-examination in the branches for 
 the limited certificate, within one year; and for the un- 
 limited certificate, once within two years. A re-examina- 
 tion in those branches in which they have been successful, 
 Avill not be required. 
 
 The necessary stationery, etc., will be furnished by the 
 state superintendent, and no fee will be charged for certifi- 
 cates. 
 
 An unlimited state certificate entitles the holder to teach 
 in any public school in the state, and will be valid during 
 life, unless revoked for incompetency or immorality. The 
 limited certificate is subject to the same conditions as the 
 unlimited one, and confers the same privileges for a period 
 of five years. 
 
 It is the object of the law to recognize and honor those 
 experienced and successful teachers who have given charac- 
 ter to their profession, and to furnish to young teachers a 
 proper incentive to honorable exertion. 
 
88 
 
 It is hoped that through the hearty co-operation of all per- 
 sons interested in the subject, the objects of the law may be 
 fully realized, and that the standard of teachers' qualifica- 
 tions may be essentially raised, and more clearly defined. 
 
 DIPLOMAS AND STATE CERTIFICATES. 
 
 As diplomas from the normal schools, from the state 
 university, and from other colleges and universities in the 
 state, may become state certificates, so much of the law as 
 relates to the matter is inserted here. 
 
 First is given section 405, of the revised statutes, relative 
 to diplomas granted by the board of regents of normal 
 schools : 
 
 Section -iOS. Said board may grant diplomas in testimonv 
 
 regents of the university: 
 
 Section 387. * * * After any person has graduated at 
 the state university, and, after such graduation, has success- 
 fully taught a public school in this state for sixteen school 
 months, the superintendent of public instruction shall have 
 authority to countersign the diploma of such teacher, after 
 such examination as to moral character, learning, and 
 ability to teach, as to the said superintendent may seem 
 
/ 
 
 proper and reasonable. Any person holding a diploma 
 granted by the board of regents of the state university, 
 certifying that the person holding the same is a graduate 
 of the state university, shall, after his diploma has been 
 countersigned by the state superintendent of public instruc- 
 tion as aforesaid, be deemed qualified to teach any of the 
 public schools of this state, and such diploma shall be a cer- 
 tificate of such qualification until annulled by the superin- 
 tendent of public insiruction. 
 
 The law passed at the session of the legislature in 1880 
 providing that diplomas granted by other colleges and uni- 
 versities of the state, may become state certificates, is as 
 follows : 
 
 Chapter 209, Laws of 1880. 
 
 AN" ACT authorizing the granting of state certificates to 
 graduates of colleges and universities. 
 
 ^ The statute relating to diplomas granted to graduates of 
 
 / the normal schools, allows such diplomas to become unlimited 
 
 state certificates alter the holder has taught successfully one 
 year. The ruhng of the state superintendent is that one year 
 shall be understood as not less than eight school months. 
 This applies to the diplomas granted to those who have taken 
 the full or four years' course. In like manner, and on the 
 
85 
 
 same condition of having taught one year, the certificate 
 granted to those who complete the elementary course may 
 become a limited state certificate. 
 
 The statutes in regard to diplomas granted by the state 
 university and other incorporated colleges and universities 
 of the state, prescribe that the holder shall have taught six- 
 teen school months, before such diplomas can be councer- 
 signed and become state certificates. A school month is 
 understood to be twenty days in length. 
 
 In regard to moral character, length of time that the grad- 
 uate has taught, and his success in teaching, the rules by 
 which the state superintendent is governed in countersigning 
 diplomas, are similar to those announced in the comments 
 on the law as to state certificates granted on examination. 
 
 Chapter 303, laws of 1882, authorizing the state superin- 
 tendent to countersign first or second grade county certifi- 
 cates and limitediife certificates held by persons who have 
 taught in the state successfully for the period of twenty-one 
 
 or an uuiimn/Oij. oi/cn-v^ \^y^^ ^^^^^^^. 
 
 TEACHEk'S MONTH AND LOSS OF TIME. 
 
 Section 450. In settlement for wages between teachers 
 and district boards, and other employers of teachers in the 
 public schools, twenty days of teaching shall constitute a 
 school month, unless it be otherwise specified in the con- 
 tract; and all legal holidays occurring on school days shall 
 be counted, although no school be taught, but no Saturdays 
 
86 
 
 shall be counted. The district board may, in their discretion, 
 give to any teacher employed, without deduction from his 
 wages therefor, the whole or any part of his time spent by 
 him in attending the sessions of any institute held in the 
 county embracing the school-district, or any part thereof, 
 upon such teacher's furnishing to the district clerk, to be filed 
 by him, a certificate of regular attendance upon such insti- 
 tute, signed by the person conducting the same. 
 
 Both school boards and teachers should take notice that 
 the teacher's month is always 20 instead of 22 days, unless- 
 it be otherwise specified in the contract; also, that all legal 
 holidays, but no Saturdays, are to be counted. The legal 
 holidays are named in the comments on section 462. 
 
 It is recommended to school boards to exercise the power 
 here given to them, and allow teachers to attend institutes 
 without deducting all the time. The schools will be the 
 gainers by this general policy. The certificate of attendance 
 required by the law should be produced by the teacher, be- 
 fore his wages are paid. 
 
 It is the duty of the clerk to furnish the teacher promptly 
 
 tne school law, which provides that, for willfully nerfeotino- 
 or refusmg to comply with its requirements he shaU for °> 
 his wages during such neglect or refusal. 'f 
 
 The form of a school register is given i„ the appendix (No 
 25). Economy will be the best subserved in Z end, iFa 
 
87 
 
 good and substantially bound book is procured for this pur- 
 pose. Registers are not supplied by the Department of 
 Public Instruction. Registers of the form approved may be 
 obtained at the bookstores, or of firms that deal in school 
 supplies. 
 
 The clerk should require the teacher to return the school 
 register at the end of the term for which he is employed, and 
 should ascertain that it has been properly kept, before he 
 draws an order on the treasurer in payment oi the teacher's 
 wages. He should also frequently examine the register dur- 
 ing the term, in order to secure that accuracy in the method 
 of keeping it, which will enable him to make a reliable . 
 report to the town clerk. Teachers are required by this 2- 
 section to render reports relating to their schools, ajadr-'a^ 
 refusal so to do is sufficient ca.use for^annuUino- a-ri^rtifir'afA 
 
therefor. They shall deliver such order to the clerk of the 
 district, and transmit forthwith a copy thereof to the clerk 
 of the town, and also to the state superintendent. Such 
 order shall take effect from its date, unless within thirty 
 days after it is delivered to the district clerk, the same shall 
 be reversed by the state superintendent for cause shown, 
 and from the time said order shall take effect, the district 
 shall not share in any apportionment of the school fund 
 income for any school kept in any building so declared to 
 be unfit for school purposes. 
 
 5. To report annually to the board of supervisors of his 
 county, the condition of the schools under his supervision. 
 
 6. To receive from the town, city, or village clerk, the 
 abstracts of the reports of the district clerks required to be 
 made by law, and to transmit the same to the state superin- 
 tendent; and before the first day of May in each year, to 
 transmit to the state superintendent the nanae and post- 
 office address of each town clerk in his district, and from 
 time to time such other facts relating to education in his 
 district as the state superintendent shall require. 
 
Section 975, Revised Statutes. 
 
 Section 975. The judge of the circuit court may, in term- 
 time, or vacation, by an order specifying the cause thereof, 
 a copy of which he shall certify to the county clerk, remove 
 any county superintendent of schools in his circuit for 
 incompetency, willful neglect of duty, or for acting as agent 
 for, or receiving any fee or reward from any author, pub- 
 lisher, bookseller, or dealer in school books, maps or charts, 
 or school library books, or school furniture or apparatus. 
 Such removal shall be made only upon a petition, setting 
 forth fully the charges preferred against him, and after a 
 copy thereof, with a notice attached, stating the time and 
 place, when and where such petition will be presented to 
 such judge, shall have been personally served upon such 
 superintendent, at least thirty days before the hearing, and 
 an opporturnity given him to be heard. The testimony shall 
 be taken and the proceedings conducted summarily under 
 such reasonable regulations as the judge shall prescribe. 
 
 In the discharge of the duties imposed upon county super- 
 intendents by this important section, these officers will find 
 opportunity for doing inestimable good. To properly per- 
 form them will require the exercise of patience, prudence 
 and firmness, and generally the assiduous employment of 
 all their time. In this way alone will they secure the confi- 
 dence of the people. 
 
 EXAMINATION OF TEACHERS. 
 
 1. The examination of teachers , should be confined to 
 ascertaining their qualifications in respect, first, to moral 
 character; second, to learning; third, to ability to teach. 
 
ent from his own, or indiscreet in the utterance of his 
 religious or political views, ought not to be permitted to 
 enter a public school as a teacher. Neither should a person 
 receive a certificate of good moral character, who is not 
 truthful, temperate, orderly, honest, and prudent. A teacher 
 should be courteous, simple in his tastes, kind and considerate 
 toward the unfortunate, just in his dealings, patriotic, public 
 spirited, and pure minded. 
 
 Comments upon the different grades of certificates author- 
 ized to be given, are to be found under section 450. 
 
 As to the learning of applicants, the law specially sets forth 
 the branches in which they must be examined, and the dif- 
 ferent certificates which county superintendents are author- 
 ized to grant. The method of examination required is by 
 written and oral questions. Questions to be answered by 
 writing should be prepared with great care. They should 
 be definite, involving principles rather than facts, and suffi- 
 cient in number to test the knowledge of the teacher. The 
 questions are generally printed on slips of paper, the super- 
 intendent exercising due care to prevent candidates for cer- 
 tificates from knowing beforehand what they are. All neces- 
 sary preparation should be made, such as providing a room^ 
 where teachers can write; removing all temptation to aid or 
 seek aid; obtaining paper, ink, pens, etc. ; seeing that the black- 
 board is in good order, and that rubbers and crayons are at 
 hand, and that the room is warmed, lighted, and ventilated. 
 
91 
 
 The time appointed for meeting should be such as will enable 
 all to be present, who design to attend, and no allowance 
 should be made for a failure consequent upon tardiness or 
 unnecessary absence. The time alloted for each set of ques- 
 tions should be stated on the pap^^r containing the printed 
 questions, and such rules should be established as will pre- 
 clude communication or interruption during the time of 
 examination. 
 
 County superintendents should carefully discriminate be- 
 tween the standard of attainments in each branch of study 
 which they are authorized to establish, and which each ap- 
 plicant for a certificate may be required to reach (see com- 
 ments on section 450), and the standing or relative attain- 
 ment, in those branches, which is to be shown in the certifi- 
 cate, as required by section 449. The standard involves the 
 scope or extent of the candidate's ability, scholarship and 
 powers, which are deemed indispensable qualifications for 
 teaching, and involves clearness of perception and under- 
 standing, with ability to communicate and elucidate. Stand- 
 ing implies relative attainments in the several branches as 
 determined by the particular test of the examination. 
 
 Discrimination in this matter will result in careful con- 
 sideration of the plan of examination, as well as the ques- 
 tions to be submitted. The latter can be properly prepared 
 only after the standard is definitely determined, and should 
 be rigidly confined to tests within the limits of the standard 
 fixed. 
 
 As a rule, the examiner should not know the name of the 
 person whose papers he examines. By numbering the can- 
 didates and requiring them to use the numbers instead of 
 their names in signing their papers, there will be no suspi- 
 cion of partiality. The name and corresponding number of 
 each candidate should be written on a card. The cards 
 should be collected and carefully laid aside until the results 
 of the written examination are determined; and the owner 
 of each paper may be known by finding the name on the 
 card corresponding with the number on the paper. 
 
 All papers written at examinations should be preserved 
 by the superintendent, kept on file in his office during the 
 
92 
 
 life of the certificate issued thereon, and so arranged that 
 reference may readily be made to them. In case of com- 
 plaint, any errors that may have been committed may thus 
 be corrected. 
 
 In "marking" or determining the standing of candidates, 
 ten should be taken as the maximum. The writing, punctu- 
 ation and spelling should be correct. No attainments in 
 science can be taken as an equivalent for deficiencies in the 
 " common branches." 
 
 In conducting the examination orally, such notes should 
 be made by the examiner as will enable him to avoid errors 
 of judgment. Pronunciation, choice of words, facility of 
 illustration, ability to use the crayon at the blackboard, 
 power of expression, use of the voice, self-possession, man- 
 ners, and, in general, scholarly culture, are things to be 
 observed in the oral examination. If a person does not pos- 
 sess these in some tolerable degree, he cannot teach, and 
 ought not to be licensed. 
 
 In many cases, too little time is given to the examinatio:i. 
 No person can properly examine twenty or thirty teachers 
 in a single day. At least ten hours diligently employed are 
 necessary to enable the examiner to pass upon the qualifi- 
 cation of twenty teachers seeking the lowest grade of cer- 
 tificate. 
 
 A record of all examinations should he kept. The names 
 of applicants with their ages and residences, and the grades 
 of those licensed, should be carefully and accurately re- 
 corded. The dates of examinations and of certificates 
 ought to be preserved as a portion of the permanent records 
 of the office, and all papers relating directly or indirectly to 
 examinations should be preserved, arranged and filed for 
 future reference, 
 
 "AbiHty to teach," involves more than mere learning. 
 One who does not speak the English language with fluency, 
 correctness and good taste cannot teach the branches re ■ 
 quired " in the English language," as the law provides. It 
 also involves knowledge of the usages of society and of the 
 rights of parents and children; also, of the laws relating to 
 public schools, property, reputation and life. To teach 
 
93 
 
 requires courage, fortitude, forbearance, discretion and 
 patience; hence, granting certificates to boy^ and girls is a 
 violation of the spirit of the law, and show^ a want of com- 
 mon sense. 
 
 In preparing questions for written examinations, effort 
 should be made to so frame them as to fairly test candi- 
 dates' knowledge of the facts and processes involved in the 
 subject, the reasons of the processes, the relations and prac- 
 tical significance of the facts and processes, and ability to 
 develop the general subject by correct methods, to accom- 
 plish the disciplinary as well as acquisitive advantages of 
 the study. 
 
 ANNULLING CERTIFICATES. 
 
 The power conferred by law upon county superintendents 
 to annul certificates, should be exercised with discretion and 
 firmness. 
 
 Deficiency in learning or ability to teach, or immoral 
 character, constitutes a ground for annulment. If a teach- 
 er's deficiency relates to learning, and it is within the knowl- 
 edge of the superintendent, he should re-examine him; and 
 if it relates to bad morals, he should investigate the matter, 
 giving the teacher proper notice; and if he fails to exculpate 
 himself, his certificate may be annulled. In case of complaint 
 made to the superintendent by others, the teacher should 
 receive notice of the time and place at which he will be ex- 
 amined, and at which proof will be heard on behalf of both 
 complainant and teacher. 
 
 When the complaint relates to the moral character of the 
 teacher, full opportunity must be given him for his defense. 
 He should be made acquainted with the precise charges 
 affecting his character, and ample time should be allowed 
 him to prepare proofs, and to bring witnesses to explain or 
 disprove the charges. 
 
 The law authorizing superintendents to annul certificates, 
 and directing the course to be pursued, is found in section 
 453. 
 
 The superintendent should not subject the teacher to a 
 public accusation, unless some person shall make complaint 
 
94 
 
 to him, and sustain it by his own oath, or that of witnesses 
 whom he produces. All testimony should be reduced to 
 writing. It is for the complainant to produce the evidence 
 of the charges he prefers. The accused is entitled to the 
 privilege of cross-examining witnesses, and is not bound to 
 offer any testimony until something is proved against him. 
 As an appeal may be taken from the action of the county 
 superintendent to the superintendent of public instruction, 
 the former should take full minutes of the testimony, as it is 
 given, as nearly as possible in the language of the witness. 
 
 VISITING SCHOOLS. 
 
 The duty of visiting schools is among the most important 
 of those required of the county superintendent. School vis- 
 itation depends for its efficiency upon the manner in which 
 it is performed. A stated formal visit does no good, and 
 sometimes does harm. A short call, without an opportunity 
 to learn anything of the real condition of the school, is useless. 
 
 The visits should be quite unceremonious, unexpected to 
 teachers and pupils, and the superintendent should, besides 
 observing the routine of the school room, inform himself in 
 regard to the progress and attainments of the pupils. He 
 should examine classes in spelling, reading, and writing, in 
 preference to those in algebra, French, and rhetoric, and 
 should show both teacher and scholars that he attaches 
 more importance to those branches that constitute the foun- 
 dation of education than to those, a superficial knowledge 
 of which may be obtained by very poor scholars. The 
 teacher's method of classification should be examined. It 
 sometimes happens that scholars are hastily assigned to the 
 wrong class, and there allowed to remain for months, on 
 account of the indifference or ignorance of the teacher. If 
 classes can be consolidated with advantage, it should be 
 done, and the superintendent should feel that he, as well as 
 the teacher, is responsible for the progress of every school 
 in his county. 
 
 By his visitation, and by the reports he may require of 
 teachers, the county superintendent can do very much to 
 .secure the use and promote the efficiency of a course of 
 
95 
 
 study in all the schools. He should take pains to explain its 
 use and advantages to teachers, and inspire pupils with am- 
 bition to compass all the work prescribed in the course thor- 
 oughly and creditably; excite emulation among different 
 schools; examine classes to determine the progress they are 
 making, and for promotions, and upon completion of the 
 course; interest patrons and officers in this systematic and 
 progressive work, and secure, if possible, their hearty co-op- 
 eration, by aiding in securing punctuality and regularity in 
 attendance. 
 
 The school register should be examined, and if not kept in 
 such manner as to show classification and progress of all 
 pupils, and such comments as will aid a successor in taking 
 up and carrying f orw ard the work of the school from the 
 point of advancement reached during the term, as well as 
 name, age, sex and daily attendance, such instruction should 
 be given and such measures taken as will lead the teacher 
 to keep it in proper form. The condition of the school li- 
 brary, apparatus, maps, etc., should be ascertained and noted. 
 The desk, blackboards, furniture, stove, windows, doors, 
 wood shed, fence, out-houses, etc., should be inspected, and 
 a report of the condition of the school, school-house, and 
 surroundings, should be made to the district board in writ- 
 ing. Such suggestions as are required may also be made. 
 
 The district officers should be reminded of the annual dis- 
 trict report, and the necessity of accuracy and promptness 
 in making it should be enjoined upon them. The manner in 
 which the district records and accounts are kept, should be 
 made a subject of investigation, and if necessary, of advice. 
 Attention should be given to the certificate of the teacher, 
 and if public money is paid to teachers not qualified, the 
 consequences of such disregard of law should be pointed out, 
 and measures taken to prevent it. No person has a right to 
 teach in a public school who does not hold the certificate of 
 qualification required; no officer has a right to pay a dollar 
 upon an order in favor of such unqualified teacher; the clerk 
 and director who draw the order are misappropriating public 
 money; and the duty of the county superintendent is to pre- 
 vent this unlawful practice. 
 
96 
 
 The superintendent should seek to remove diflSculties 
 growing out of changes in district boundaries, family ani- 
 mosities, or dissatisfaction with the action of school officers. 
 He should invite the people of the district he is visiting to 
 meet him at the school-house, and should then address them 
 upon the educational interests of their district. The address 
 should be plain, pointed and pertinent. No adulation or 
 flattery should be indulged in. The results of observation 
 and examination should be given with such plainness as 
 discretion and good taste will warrant. An effort should be 
 made to instruct and improve rather than please. The peo- 
 ple always respect an earnest, truthful man, but they are 
 merciless towards a timid, hypocritical one. 
 
 If practicable, a report of the condition of each school 
 should be made in luriting to the district board. Their at- 
 tention should be particularly called to those things that are 
 necessary for the comfort, health, and progress of the child- 
 ren. The school register will furnish, if properl)^ kept, facts 
 that may be made the basis of calculations in regard to 
 attendance, absence, irregularities, etc., that will be both in- 
 teresting and instructive. It is also well to address a commu- 
 nication to the teacher, commending what deserves approval, 
 and calling special attention to those things that need cor- 
 rection. • 
 
 INSTITUTES. 
 
 It is made the duty of the superintendent to hold insti- 
 tutes, and at least one should be held each year. Such prep- 
 aration should be made as will secure a prompt and general 
 attendance. A suitable room, well ventilated, properly 
 warmed, and furnished with desks, blackboards, etc., is in- 
 dispensable. By proper effort, the co-operation of the people 
 in the vicinity of the place where the institute is held may 
 be secured. Care should be taken not to tax the hospitality 
 of the people for the benefit of those not engaged in teach- 
 ing, merely to swell the number in attendance. 
 
 The notice for the institute should suggest to the teachers 
 the necessity of bringing with them paper, pencils, note 
 books, and such school books as may be required. 
 
97 
 
 Arrangements should be made for addresses, and if the 
 superintendent deems it advisable, some prominent teachers 
 may be secured to conduct the institute exercises. For some 
 years past, the board of normal regents has granted aid to 
 institutes out of the income of the normal school fund. If 
 preferred, a conductor from one of the normal schools is 
 furnished to take charge of the institute, if practicable. 
 
 The programme should, if practicable, be published with 
 the notice, and should be strictly adhered to during the 
 time the institute is held. When a conductor is furnished, 
 it is expected that he will follow the'" syllabus," or general 
 system set forth for the purposes of institute work. A por- 
 tion of each session should be devoted to discussion, and the 
 superintendent, or other conductor, should be prepared to 
 answer such questions in regard to the school law and school 
 matters generally, as the teachers may wish to ask. Punc- 
 tuality, regularity, and good order should be maintained, 
 and an effort should me made to render the institute a model 
 school in its methods of recitation, instruction, and general 
 arrangement and management. 
 
 The county superintendent should preside and conduct the 
 exercises in part, at least. Careful attention should be given 
 to the register and the gathering of the statistics required 
 to be recorded therein. In all respects, the institute should 
 be a well-ordered and business-like body, diligently doing 
 its appointed work. ISIo time should be frittered away in 
 excursions, picnics, or parties. 
 
 EXAMINATION DISTRICTS, AND PRIVATE EXAMINATIONS 
 
 To facilitate the examination of teachers^ and to lessen 
 the trouble and expense to them, the law requires inspection 
 districts, and due notice of the time and place of the exam- 
 inations. It will be noticed tha" the law is so amended as 
 not to require more than four inspection districts in some 
 counties, and in others not more than three, according to the 
 number of schools. 
 
 Examinations should be public that there may be no sus- 
 picion of favoritism or neglect. The uniformity in ques- 
 7-S. C. 
 
9S 
 
 tions required is not an identity of the questions submitted 
 to each candidate which would generally be impracticable 
 in regard to oral questions, and sometimes unadvisable as 
 to the written ones; but an equality, through the county, in 
 the diflRculty of the questions propounded, and in the thor- 
 oughness of the test to which the candidates are subjected. 
 Before granting private examinations, the county superin- 
 tendent should always satisfy himself that the absence of 
 an applicant from the j)ublic examinations was necessary 
 and unavoidable. Although the certificates granted at 
 special examinations are of short duration, yet the candi- 
 date should not be less thoroughly examined than if pres- 
 ent at a public examination. Private examinations are 
 mostly or quite avoided, by some superintendents, by ap- 
 pointing a supplementary examination late in the season. 
 Good judgment will be required to avoid, on the one hand, 
 too much easiness, and, on the other, an arbitrary exercise 
 of power. 
 
 V. REPORTS. 
 
 As amended by Chapter 298, Laivs of 1883. 
 
 Section 462. It shall be the duty of the district clerk, be- 
 tween the tenth and fi.fteenth days of July in each year, to 
 make and transmit to the town, city or village clerk, a writ- 
 ten report, dated on the tenth day of July of such year, 
 signed by him and verified by his affidavit, showing: 
 
 1. The number of children, male and female, designated 
 separately over the age of four and under the age of twenty 
 years, residing in the district, and the names of their par- 
 ents or other persons with whom such children resided, re- 
 spectively, on the last daj'' of June preceding. 
 
 2. The whole number of children, males and females des- 
 ignated separately, between the ages of four and twenty- 
 years, taught in the district school during the year for 
 which such report is made, by teachers duly qualified. 
 
 3. The number attending school during the year, under 
 the age of four, and the number over the age of twenty 
 years. 
 
 4. The whole time, in days, any common school has been 
 taught in the district, including holidays, and the whole 
 number of days, including holidays, such school has been 
 taught by teachers qualified according to law. 
 
 5. The names of all teachers employed during the year, 
 the numbei" of days taught by each, including holidays, and 
 
99 
 
 the monthly wages paid to each; and the time allowed any 
 teacher for attendance on any institute, for which no wages 
 were deducted. 
 
 0. The amount of money received from the town treas- 
 urer, the amount from district taxes, and the amount re- 
 ceived from all other sources during the year, and the 
 manner in which the same has been expended, showing sep- 
 arately the expenditure of school money received from the 
 state. 
 
 7. The kiiid of, books used in the school. 
 
 8. Such other facts and statistics in relation to the schools, 
 public or private, in such district, as the state superintend- 
 ent may from time to time require. The clerk of each joint 
 school district shall report to the town clerk of each town, a 
 part of which is embraced in such district, the number of 
 children residing in such part, in the manner set forth in this 
 section, and the remainder of the items specified in this sec- ' 
 tion shall be embraced in the report made to the town in 
 which the school house is situated. . 
 
 Blank forms for the reports of district clerks are prepared / \ 
 by the state superintendent, with printed instructions in re- 
 gard to the mode of filling them up, and are transmitted 
 through town clerks to district clerks. These blanks 
 will from time to time, require other information in addi- 
 tion to that specified in the above section, in order to enable 
 the superintendent to lay before the legislature a full report 
 of the educational affairs of the state. It is of the highest 
 importance that the annual district reports should be 
 promptly completed and deposited with the proper town 
 clerk. Some explanations are given below in reference to 
 the foregoing subdivisions. 
 
 The school year begins on the first day of July, and ends 
 on the last day of June. 
 
 The law requires that the names of parents or other per- 
 sons, with whom children to be enumerated reside, shall be 
 written. The greatest care must be exercised in taking the 
 census of the school children of the district. School money 
 is apportioned on this census. 
 
 For remarks on residence, see commentary on sections 
 ■438 and 430. Mere hoarders or lodgers are not to be included 
 in the enumeration of pupils, for they are presumed to be- 
 long to families residing in some other district of the state; 
 but persons who pay for their board and lodging by devot- 
 
100 
 
 ing a part of the day to work, in the service of the household, 
 while the rest is spent in attendance at school, and lulio have 
 no other legal residence, are considered as constituting 
 members of the family with whom they reside. It must be 
 borne in mind that the enumeration of one year is the basis 
 of the apportionment of the next, and hence, children 
 should be enumerated in the district that is bound to furnish 
 them instruction, that such district may receive an appor- 
 tionment on their account, and care should be taken that 
 the same children are not enumerated in two districts. (See 
 remarks on section 430, under subdivision 12.) 
 
 Those children whose parents do not reside in this state, 
 should be included in the school census, provided such 
 children reside in a family of a district, and not in a mere 
 boarding school or other establishment for the purpose of 
 education. Children in an orphan asylum are deemed the 
 wards of the incorporated association that has them in charge, 
 and are not to be included in the enumeration. Children sup- 
 ported at public charge require a residence in the district 
 where thus supported, and are to be instructed in such 
 district. The law relating to this subject is section 512. 
 
 All persons more than four and less than twenty years of 
 age, although themselves the masters or m^'stresses of fam- 
 ilies, are to be enumerated. 
 
 The whole number of children who have received instruc- 
 tion from legally qualified teachers since the first day of 
 July of the year preceding, is to be stated, without regard 
 to the fact of their attendance having been long or short, or 
 of their parents having been residents or non-residents. 
 
 It is to be hoped that the annual reports will show few in 
 attendance at school less than four years of age. All that 
 children need to learn before they are six years of age 
 ought to be taught them at home. 
 
 It is required that the whole number of days a school has 
 been taught by a qualified teacher be stated, in order that 
 the town clerk may apportion money to such districts only 
 as have complied with the law. A district, to be entitled to 
 share in the annual apportionment of the income of the 
 school fund, must maintain a school at least six months of 
 
101 
 
 twenty days each, including legal holidays, and such school 
 must be taught by a legall}^ qualified teacher. 
 
 The legal holidays in this state are New Year's day, the 
 twenty-second of February, the thirtieth of May, the fourth 
 of July, the day of general (or fall) election, Christmas day, 
 and all days of thanksgiving which are appointed by na- 
 tional or state authority. By section 2577 of revised statutes 
 it is provided, that whenever a legal holiday shall fall 
 upon a Sunday, the succeeding Monday is a legal holiday. 
 See comment on section 459. 
 
 The monthly wages paid to a teacher includes all expenses 
 incurred by the district on his account for board. If the 
 district boards the teacher, the cost of board is to be added 
 to the amount of monthly pay, and the sum of the two items 
 constitutes his monthly wages. 
 
 For directions in regard to making the annual report, the 
 clerk will carefully study the blanks which are furnished by 
 the Department of Public Instruction. In case a clerk fails 
 to receive the blanks needed in time to make his annual re- 
 port as required by law, he should, without delay, notify the 
 state superintendent of the fact, that they may be sent. 
 
 The clerk of a joint school-district must report to the town 
 clerk of each town, a part of which is embraced in his dis- 
 trict, the number of children, male and female designated 
 separately, over the age of four and under the age of twenty, 
 residing in that part of the district lying in the town to the 
 clerk of which the report is sent. Care should be taken not to 
 report to any town clerk a greater number of children over 
 four and under twenty years of age than reside in that part 
 of the district lying within his town. In some instances, 
 the whole number of children in a joint district is reported 
 to each town clerk, causing the district to receive more than 
 its share of school moneys distributed. This should be care- 
 fully avoided. 
 
 He must also report to each town clerk whose town em- 
 braces any part of the district, the number of days a school 
 has been taught in his district by a legally qualified teacher 
 during the year covered by the report. This is obviously 
 
102 
 
 necessary to enable the town clerk to determine whether he 
 
 can legally apportion money to the district. 
 
 In addition to the foregoing items, the clerk of a joint 
 
 school district will report all the other items called for in the 
 
 general blank, to the clerk of the town containing that part 
 
 of the district in which the school-house is situated. 
 
 As amendedby Chapter 293, Laws of 1888. 
 
 Section 463. Each town clerk shall, between the "tenth 
 and fifteenth days of Augjist, in each year, make and trans- 
 mit to the county superintendent of the county or district 
 in which his town is situated, a report bearing date on the 
 tenth day of said month, stating: 
 
 1. The whole number of school districts separately set off 
 within the town, and the number of parts of joint districts, 
 in which the school houses belonging thereto are located in 
 his town. 
 
 2. The districts and parts of districts from which reports 
 shall have been made within the time limited for that pur- 
 pose. 
 
 3. The length of time a school shall have been taught in 
 each such district, or parts of districts. 
 
 4. The amount of public money received in each. 
 
 5. The number of children taught in each, and the num- 
 ber of children over the age of four and under the age of 
 twenty 3'ears residing in each. 
 
 6. The whole amount of money received in the town for 
 school purposes since the date of the last preceding report, 
 setting forth, separately, the amount received from the 
 state through the county treasurer, the amount levied by 
 the county board, and the amount raised by the town at its 
 annual meeting. 
 
 -7, The amount of money raised by district tax for school 
 purposes. 
 
 8. The manner in which said moneys have been expended, 
 and whether any and what part remains unexpended, with 
 such other information as the state superintendent may 
 require, and as may be reported to him by the district 
 clerks. 
 
 Blank reports, prepared by the state superintendent, are 
 annually sent to town clerks. Such instructions as are 
 needed always accompany the blanks. 
 
 In towns which have adopted the "township system of 
 school government," the report required in the foregoing 
 section will be made by the " secretary of the town board of 
 school directors," as provided in section 537 of the revised 
 statutes. 
 
103 
 
 As amended by Chapter 298, Laics of 1883. 
 
 Section 464. Each county superintendvsnt shall, on or be- 
 fore the fifteenth day of S&ptetnhe^, in each year, make and 
 transmit to the state superintendent a report in writing, set- 
 ting forth the whole number of towns in his district, distin- 
 guishing those from which the required reports have been 
 made to him by the town clerks, and containing an abstract 
 of their reports, and also embracing an abstract of the an- 
 nual report of the secretary of each free high school in such 
 district, and file a copy of such report in the office of the 
 county clerk, and also within the time above mentioned, 
 make and deliver to the county treasurer, a written state- 
 ment of the whole number of children in each town 
 over the age of four and under the age of twenty years, re- 
 turned from districts which have maintained schools for five 
 or more months during the past year, as appears from the 
 reports of town clerks. 
 
 All necessary instructions accompany the blanks annually 
 
 furnished to county superintendents from the office of the 
 
 state superintendent. The greatest care should be exercised 
 
 in making the annual report required by section 464, for it 
 
 is upon it that the annual apportionment is made. 
 
 Section 465. The city clerk of each city, and the village 
 clerk of each specially incorporated village, or the clerk of 
 the board of education of each city and village under the 
 jurisdiction of the county superintendent, shall, within the 
 time prescribed, make and transmit to him the reports re- 
 quired b}'' section four hundred and sixty-three; and in all 
 cities having a superintendent of schools, and which are not 
 under the jurisdiction of a county superintendent, such 
 superintendent of schools shall make the annual report 
 required by said section, directly to the state superin- 
 tendent; and in such cities having no superintendent of 
 schools, such report shall be made by the cleric of the board 
 of education thereof. 
 
 The clerks of cities (under county superintendents) and of 
 
 villages use the same blanks as town clerks, and receive the 
 
 reports of the district clerk or clerks. 
 
 Section 466. The state superintendent shall, on or before 
 the first day of June in each year, furnish to each clerk, su- 
 perintendent, or other officer by whom a report should be 
 made, blank forms upon which such officers shall make 
 their annual reports; and whenever any amendments shall 
 be made to the provisions of this chapter, he shall furnish a 
 copy of such amendments to every school district in the 
 state. 
 
104 
 
 VI. DUTIES OF TOWN CLERK AND TREASURER. 
 
 Section 467. It shall be the duty of the town clerk: 
 
 1. To report to the county superintendent within ten days 
 after his election or appointment his name and post-office 
 address, and likewise the name and post-office address of 
 each district clerk, within ten days after the same are filed 
 in his Office. 
 
 2. To see that the annual reports of the several district 
 clerks are made correctly and in due form; to file and safely 
 keep all reports whatsoever made to him; and all orders 
 and notices of the town board relative to any school- 
 district. 
 
 3. To record such description of school-districts, and such 
 orders concerning the organization, alteration, or dissolution 
 thereof, as shall be made by the town board. 
 
 4.- To make and keep in his office a map of the town, show- 
 ing the exact boundaries of all the school- districts therein, as 
 appear from the records on file; and when a new district is 
 formed, to make and furnish a map thereof to the district 
 clerk. 
 
 5. To apportion the school money collected by the town, on 
 the third Monday of March, and that received from the 
 state on the third Monday of June of each year, or as soon 
 thereafter as the same shall be collected or received by the 
 town treasurer, to the several districts and parts of districts 
 within the town, as provided in these statutes.* 
 
 The duties here devolved upon the town clerks have an 
 intimate connection with the welfare of the public school 
 system, but need no special comment other than that in the 
 election of town clerks the electors will do well to select per- 
 sons, if practicable, who are not only competent to perform 
 clerical duties efficiently, but who take a deep interest in the 
 public school system. 
 
 The further duties of the town clerk as to the apportion- 
 ment of school money, are embraced in sections 558 and 559. 
 
 Section 468. It shall be the duty of the town treasurer: 
 1. To apply for and receive from the county treasurer all 
 moneys appoitioned for the use of common schools in his 
 town, and to pay the same, together with all the moneys col- 
 lected in the town for the support of schools, to the treasur- 
 ers of the districts entitled to receive them, upon the order 
 or apportionment of the town clork. 
 
 * See Form No. 56. 
 
105 
 
 3, To pay the district treasurer on demand all school-dis- 
 trict taxes raised in each district, and collected by him, and 
 tlie amount of all school-district taxes returned to the county 
 treasurer of his county as delinquent, whenever the same 
 shall have been paid to hini by said county treasurer, or 
 whenever he shall receive credit from the county treasurer 
 for such delinquent tax or any part thereof, on account of 
 any demand or claim due from such town to such county. 
 
 3. On or before the second Monday of March in each year, 
 to certify to the town clerk the amount of school money in 
 his hands, to be apportioned by said clerk, and immediately 
 upon the receipt of any money from the school fund income, 
 to certify the same to the said clerk for apportionment.* 
 
 4. On the last Monday in June in each year, to make and 
 forward to the clerk of each school-district, in whole or in 
 part, in his town, a certified statement of the amount of 
 money paid by the town treasurer durino; the year next pre- 
 ceding, to such district treasurer, specifying the date and 
 amount of, and the account upon which each such payment 
 was made. 
 
 5. If the county treasurer shall neglect or refuse to pay 
 over the school money, which by law should be paid to the 
 town treasurer, he shall commence and prosecute an action 
 on the official bond of such county treasurer for the recov- 
 ery of such money. 
 
 The town treasurer will hold, subject to the order of the 
 several district treasurers of his town, all district taxes col- 
 lected by him. Also, all money raised by taxes levied upon 
 the town by the county board of supervisors, and all money 
 raised by the town in addition thereto, and pay the same 
 over to the several district treasurers, according to the ap- 
 portionment made by the town clerk under the law. He 
 will also receive from the county treasurer the amount ap- 
 portioned by the superintendent of public instruction to his 
 town, out of the income of the school-fund, and pay the 
 same over to the district treasurers according to the appor- 
 tionment made by the town clerk. The town treasurer will 
 also receive all money paid on account of delinquent taxes, 
 and pay the same over to +he proper district treasurers. N"o 
 school taxes except district taxes will be returned, if the law 
 is complied with. 
 
 It is the duty of the town treasurer to notify the town 
 clerk of any money which he holds subject to apportion- 
 ment by said town clerk, and to inform district treasurers 
 
 * See Form No. 27. 
 
106 
 
 promptly of any funds in the town treasury belonging to 
 the respective districts. 
 
 District treasurers are not required to accept any taxes or 
 school funds from the town treasurer in anything but cash. 
 
 The certificate required to be made on or before the sec- 
 ond Monday in March, in each year, must state specifically 
 the several amounts received from town and county tax, 
 and the amount of income unapportioned which remains in 
 the town treasury; it must must also include any money ap- 
 portioned the previous year, which has not been paid over 
 to the district treasurers. Reference is here made to sec- 
 tion 557. 
 
 The purpose of the certified statement to the district clerk 
 of the amount of money paid by the town treasurer during 
 the year next preceding, to the district treasurer, is to give 
 the district clerk the data upon which settlement with the 
 district treasurer can be made in time for report at the an- 
 nual meeting. As the annual meetings are now held on the 
 first Monday in July, the statement should be furnished 
 earlier. 
 
 VII. DISTRICT TAXES. 
 
 Section 469. All school-district taxes, unless otherwise 
 specially provided by law, shall be assessed on the same 
 kinds of property as taxes for town and county purposes; 
 and all personal property which, on account of its location 
 or the residence of its owner is taxable in the town, shall, 
 if such locality or residence be in the school-district, be like- 
 wise taxable for school-district purposes. 
 
 Section 470. Whenever any real estate in any school-dis- 
 trict shall not have been separately valued in the assess- 
 ment roll of the town, and the valuation of such real estate 
 cannot be definitely ascertained from such assessment roll, 
 the town clerk shall estimate the value of the same in pro- 
 portion to the valuation affixed in said assessment roll to the 
 whole tract of which such lot or piece of land forms a part. 
 
 Section 471. In case of a joint district, the town assessors 
 of the towns in part embraced therein shall meet at the dis- 
 trict school-house on or before the Saturday next preceding 
 the time fixed for the return of the assessment rolls, and 
 shall then compare the valuation of taxable property in the 
 several parts of such district separated by town lines, and 
 determine whether the relative valuation be just or not; if 
 considered unjust, they shall then determine the relative 
 
107 
 
 proportion of district taxes to be assessed upon the several 
 parts. If they cannot agree upon either of said matters, 
 they shall call to their aid the supervisors of the several 
 towns so in part embraced: if the assessors and supervisors 
 cannot determine the question, they shall call to their aid 
 the chairman of an adjoining town, whose vote shall decide 
 the controversy. The determination when made shall be 
 certified in writing to the district clerk. If any assessor or 
 supervisor shall refuse or neglect to act when called on as 
 above provided, he shall forfeit twenty dollars.* 
 
 Several sections are here brought together by the revisers 
 from different parts of the former school code, which should 
 be carefully examined by the officers concerned. 
 
 As amended by Chapter 241, Laivs of 1885. 
 
 Section -i?;?. Each district clerk shall on or before the 
 third Monday of November in each year, deliver to the town 
 clerk a statement in writing verified by his affidavit, showing 
 the amount of taxes voted to be raised at the last annual 
 meeting, or at the first meeting after the organization of the 
 district, or both, as the case may require, and all taxes voted 
 at any special meeting held during the then next preceding 
 year, and also the amount of tax theretofore voted to be col- 
 lected in such year, if any, for the annua] payment on any 
 loan, and also the amount to be paid by such district, if any, 
 under the provisions of section four hundred and twenty- 
 one. In case of a joint district, he shall deliver to the town 
 clerk of each town in which any part of the district is situ- 
 ated, a statement so verified, showing the proportion of such 
 taxes to be assessed in that part of the district within such 
 town. If such proportion shall not have been determined 
 as provided in the last preceding section, it shall be ascer- 
 tained from the valuation contained in the last assessment 
 rolls of the respective towns; and to that end the town clerk 
 of each such town shall on or before the last Monaay in Sep- 
 tember in each year, deliver to the district clerk a certified 
 statement of the valuation of the real and personal proiaerty 
 in that part of such district lying within his town, as the 
 same appears from said assessment roll.f 
 
 Chapter 305 of the general laws of 1881, changed this sec- 
 tion so as to require each district clerk to deliver his state- 
 ment to the town clerk on or before the last Monday 
 of October in each year; the revision of the statutes 
 changed it to the third Monday. The section as now 
 amended, restores the section as originally enacted in the 
 
 *See Form No. 29. f See Forms Nos. 30 and 31. 
 
108 
 
 statutes of 1878, in that particular, and changes the provis- 
 ion relating to the time when town clerks shall furnish dis- 
 trict clerks of joint districts a statement of the valQation of 
 property in the district, or part of district, to " on or before 
 the last Monday in September." 
 
 Section 473, The town clerk shall assess the taxes so as- 
 certained, upon the property liable thereto, placing the same 
 in a separate column, in the next tax roll of his town, when- 
 ever so certified before he shall have delivered the roll to the 
 to\vn treasurer for collection, although after the third Monday 
 in November; if any such shall not be assessed in the next 
 tax roll after being voted, it shall be assessed in that of the 
 next succeeding year. Such taxes shall be collected or re- 
 turned delinquent by the town treasurer and collected by the 
 county treasurer in all respects like other taxes. 
 
 Upon the delivery to him of such statement, the town 
 clerk should give the district clerk a certificate that he has 
 received the same, stating the amount of the tax, and the 
 time when received, which certificate should be filed in the 
 office of the district clerk. 
 
 TOWN SCHOOL TAXES. 
 
 Only those towns which have adopted the township system, 
 now have power to vote a town school tax. This power was 
 given to all towns, under section 2, of chapter 15, of the re- 
 vised statutes of 1858. It was aiso embodied in section 76, 
 of the revised school code of 1863. In 1876, the power was 
 eliminated from section 2, of chapter 15, of the revised stat- 
 utes, but section 76, of chapter 155, of 1863, was left unal- 
 tered. In the statutes as newly revised, no authority is to be 
 found, either in the powers conferred upon towns, or in the 
 school code, under which towns can vote a school tax, ex- 
 cept such towns as have adopted the township system. This 
 is much to be regretted, as such a tax tends to equalize the 
 burden of sustaining the schools of a town, which is espe- 
 cially desirable, where wealth and population are unequally 
 distributed. With the general introduction of the township 
 system, the local support of schools would be a common 
 town charge. Care should be taken not to include in the 
 blank for report, in the financial statement of district clerks, 
 the amount raised in the town as a county school tax in the 
 
109 
 
 item "From tax levied at annual town meeting." That item 
 is for use only where the township system of school govern- 
 ment is in use. 
 
 VIII. BORROWING MONEY. 
 
 Section 471. Whenever upon any unusual exigency any 
 school district shall, before the annual meeting, vote a spe- 
 cial tax to be collected with the next levy, the district may, 
 by vote, authorize the district board to borrow, for a 
 period not exceeding one year, a sum not exceeding the 
 amount of such tax, and by such vote set apart such tax 
 wnen collected to repay such loan; and thereupon, the dis- 
 trict board may borrow such money of any person, and on 
 such terms, and execute and deliver to the lender such obli- 
 gation therefor, and such security for the repayment, 
 including a mortgage or pledge of any real or personal prop- 
 erty of the district, subject to the directions contained in the 
 vote of the district, as may be agreed upon, and not prohib- 
 ited by law. 
 
 It will be seen that sections 61 to 75, inclusive, of the for- 
 mer school code, are omitted from the revision, and the pre- 
 ceding section put in their place. The district may, at any 
 time before the annual meeting, upon any unusual exigency, 
 vote a special tax to be collected with the next levy (notice 
 of such purpose being duly given, as provided in section 427), 
 and the district may authorize the board to borrow the same 
 amount for immediate use. 
 
 Section 475. For the purpose of aiding in the erection of 
 a school-house, any school-district may, by vote at an annual 
 or law^'ully callecl special meeting, authorize the district 
 board to borrow money. The resolution to be voted on shall 
 be in writing, specifying the amount to be borrovved, the 
 rate of interest, and the time and manner of payment, which 
 shall be in annual installments, the last of which shallbe 
 payable in not exceeding ten years from the first day of 
 February next ensuing. Such resolution shall be read to the 
 meeting and the vote taken thereon by ballot. The ballots 
 shall be written or printed; those in favor, "for the loan;" 
 those opposed, "against the loan." The resolution and the 
 vote shall be recorded, and if adopted by a majority, the 
 district board shall be thereupon authorized to borrow such 
 sum of any person, on such terms, and execute and deliver 
 to the lender such obligation therefor and such security for 
 payment, including a mortgage or pledge of any real or per- 
 sonal property of the district, subject to the direction con- 
 tained in the resolution voted, as may be agreed upon, not 
 
110 
 
 prohibited by law, and shall also levy a tax to be annually 
 collected thereafter, sufficient to pay the interest annually 
 on such loan, and the annual installment of the principal 
 provided to be paid in each year. 
 
 Section 476, The money borrowed under authority of 
 either of the last two preceding sections shall be paid into the 
 district treasury, and be expended only for the purposes for 
 which it was voted or borrowed. After any such loan shall 
 have been made, no power shall exist to rescind or recon- 
 sider any such vote, or obstruct the collection of such tax; 
 and the district treasurer shall apply every such tax when 
 received by him, exclusively to the payment of such debt 
 so far as necessary to discharge the amount to which such 
 tkx was devoted. 
 
 The special provisions of the^law as to borrowing money 
 to aid in building a school-house, should be carefully exam- 
 ined and complied with; likewise those contained in the last 
 preceding section, which apply to both the sections preceding 
 it. Particular care should be taken to notify the electors, as 
 provided in section 427, and every opportunity should be 
 given for a fair and full expression of the will of the people. 
 
 LOANS FROM THE TRUST FUNDS. 
 
 Section 258 of the revised statutes authorizes the commis- 
 sioners of school and university lands to make loans from 
 the trust funds of the state to school-districts for the purpose 
 of erecting school buildings therein. Application may be 
 made to the Land Cominissioners, at Madison, for informa- 
 tion, blanks, etc. The rate of interest is seven per cent. 
 The law governing such loans is embraced in the following 
 sections: 
 
 Section 261. Every loan to a school-district may be made 
 for such time, not exceeding ten years, and of such amount, 
 which, together with all the other indebtedness of the district, 
 shall not exceed five per centum of the last preceding as- 
 sessed valuation of the real property in such district, and 
 not exceeding in any case ten thousand dollars, as may be 
 agreed upon; the principal shall be payable in equal annual 
 installments from a time fixed by said commissioners, with 
 interest at the rate of seven per centum annually in advance. 
 No such loan shall be made until proof be filed in the office 
 of said commissioners of the complete performance on the 
 part of such district of each and every aci hereinafter 
 required to precede the same. 
 
Ill 
 
 Section SG:?. Before applying for such loan, every such 
 school-district shall authorize such application by a vote of 
 a majority of the legal voters of said district, voting on such 
 question, and shall vote in like manner to raise by tax to be 
 levied and collected within two years thereafter, a sum 
 equal to at least one-half of the amount of such loan to be 
 applied for, to be used in addition to such loan, in erecting 
 school buildings in such district; and if,at a special meeting, 
 the objects of such meeting shall be clearly stated in the 
 notice thereof, and such district shall not thereafter rescind 
 said tax, reconsider such vote, or in anywise hinder, delay, 
 or postpone the levy and collection of the tax so voted, and 
 shall not expend the mone}^ so raised or loaned for any other 
 purpose. Application for such loan shall be made by the 
 district board of such school-district, in writing, stating the 
 amount required, the assessed valuation of the taxable real 
 property of such district, and the total assessed valuation of 
 the taxable property of such district, as shown by the last 
 assessment roll; and if such district be a joint district, such 
 assessed valuations in its several parts separately, so that 
 the valuations of so much thereof as lies in each town of 
 which it is a part, may be readily known, and the total 
 amount of all the other indebtedness of such district, and 
 the facts in detail in respect to the holding of the meeting 
 and passing the votes required, as aforesaid, and shall be 
 accompanied b}' a correct map or plat of such district. Such 
 application and map shall be recorded in the office of said 
 commissioners; and such application, and the record thereof, 
 and such statement shall be conclusive evidence of the facts 
 therein stated. All such applications shall be acted upon by 
 the said commissioners in the order of time in which they 
 shall be filed. 
 
 Section 2G.3. All the taxable property in any school-dis- 
 trict which has heretofore obtained or shall hereafter obtain 
 any loan from the state, shall stand charged for the pay- 
 inent of the principal and interest thereof; and the bounda- 
 I'ies ot such district shall not be so altered as to exclude 
 therefrom any land included therein at the time of making 
 such loan, until such loan shall be fully paid, without the 
 consent of said commissioners and upon such terms as they 
 shall prescribe; and there shall be annually levied upon the 
 taxable property of such district, besides all other taxes, a 
 tax sufficient to pay the annual interest, and annual install- 
 ments of principal, of such loan as hereinafter provided. 
 Whenever a joint school-district shall make any such loan, 
 the clerk of such district shall notify, in writing, the town 
 clerks of the several towns of which such district is com- 
 posed, of such loan and the terms thereof; and thereafter 
 the town clerk of each town shall, on or before the second 
 Monday of September in each year, until such loan be paid, 
 transmit to the secretary of state a statement certified by 
 
112 
 
 him of the valuation of all taxable property belonging^ to 
 that part of such district which lies in his town, according 
 to the last assessment roll; or if the same shall have been 
 equalized, as provided in section four hundred and seventy- 
 one, such equalized valuation thereof. The secretary of 
 state shall in every year furnish to the county clerk of each 
 county in which lies any such school-district, or part of dis- 
 trict, from which any such payment is to become due, the 
 amount to be levied upon such district, or, if a joint district, 
 upon each such part of such district as lies in any town in 
 such county, at the same time as he furnishes that officer a 
 statement of the state tax. In apportioning such tax to the 
 parts of a joint school-district lying in separate towns, the 
 secretary of state shall take, as the true valuations, the val- 
 uations of the taxable property stated in the application for 
 such loan, until amended by the certified statements afore- 
 said of the town clerks of all the towns in which such joint 
 district lies. The county clerk on receiving such statement 
 shall include the amount due from such district, or part of 
 district, in his apportionment of state taxes to the town; but 
 it shall be carried out in a separate column, and the district 
 from which it is due shall be specified. The town clerk 
 shall charge and carry out such amount on his tax roll to 
 the district, or part of district to which it belongs in a sep- 
 arate column, and the tax shall be collected and paid over 
 with and in the same manner as the state tax. 
 
 IX. ESTABLISHMENT OF SCHOOL-HOUSE SITES. 
 
 Section 477. Whenever a school-district shall have desig- 
 nated by a majority vote of the electors thereof present at 
 an annual meeting, or at a special meeting called for that 
 purpose, a school-house site, or an addition thereto, and shall 
 be unable to obtain the same on account of the refusal of 
 the owner to sell or lease the same for a just and reasonable 
 compensation, or on account of his being a non-resident, or 
 unknown, the district board, when directed so to do by a 
 vote of the electors of such district meeting, shall make ap- 
 plication to the town board of their town to locate and es- 
 tablish the site, or any addition thereto, so designated. 
 
 Section 478. Whenever any such a-pplication shall be 
 made to the town board, said board shill make and sign a 
 notice in writing of such application, containing a descrip- 
 tion of the land upon which it is proposed to locate such a 
 site or addition, and the time and place when and where they 
 will meet to decide upon the same. Such notice shall be 
 served or caused to be served by the district clerk, upon all 
 the occupants of such land, and all the owners thereof who 
 are known and are residents of this state, at least six days' pre- 
 vious to the day fixed for such meeting. Such notice shall 
 
113 
 
 be served by delivering a copy thereof to each such occu- 
 pant and owner, or by leaving the same at their respective 
 residences, with some person of suitable age and discretion; 
 and if the owner or owners of said land be unknown to said 
 board, or shall reside without this state, then such notice 
 may be served by publishing the same in the newspaper 
 published nearest said land, once in each week for six suc- 
 cessive weeks next before the said day of meeting. 
 
 Section 479. The town board shall meet at the time and 
 place fixed in said notice, and upon due proof of the service 
 or publication of said notice, they shall locate and establish 
 such site or addition for said district. They shall cause an 
 accurate survey and description thereof to be made, and fix 
 and award the compensation to be made to the respective 
 owners for the same, including all damages respectively 
 sustained by such owners by reason of such taking of said 
 lands, and within ten days thereafter make out and sign 
 duplicate certificates, containing a statement of their action, 
 upon such application, an accurate description of the land 
 taken, and the amount of compensation and damages 
 awarded to each of said owners, one of which shall be de- 
 livered to the occupant or owner of the lands so taken, if 
 known, and a resident of this state., and the other, together 
 with the proofs of publication or service of said notice and 
 such survey, to the clerk of said district, who shall cause 
 said certificate to be recorded in the office of the register of 
 deeds of the proper county; provided, that said board may, 
 in their discretion, before agreeing upon their award, adjourn 
 from time to time, not exceeding in all ten days. 
 
 Section 480. Tho sum of money so awarded by said board 
 shall be paid to the owner of the land upon which such site 
 or addition is located, or in case the owner is a non-resident 
 or unknown, or refuses to accept the money, it shall be de- 
 posited with the treasurer of the district, to the order of the 
 owner of said land; said district shall not occupy said land 
 without the consent of the owner thereof, until such money 
 shall be paid, tendered, or denosited, as aforesaid. 
 
 Section 481. Any person aggrieved by the decision of the 
 town board, in ihe award of damages or otherwise, may, 
 within twenty days after filing their duplicate certificate with 
 the clerk of such district, appeal therefrom to the circuit court 
 of any county in which such site or addition or any part 
 thereof is situated, by filing with such clerk a notice of appeal, 
 specifying all the grounds of his appeal, and paying to such 
 clerk one dollar for state tax and one dollar for making return 
 thereto. Within twenty days thereafter, such district clerk 
 shall deliver 1o the clerk of said circuit court a certified copy 
 of such certificate, together with such notice of appeal, with 
 the date of service thereof indorsed thereon, and pay to him 
 one dollar state tax; and thereupon the clerk of said court 
 shall enter an action in his court record, in which the said 
 8— S. C. 
 
IM 
 
 appellant shall be plaintiff and the school-district defendant. 
 The issues in said action shall be the legality of all the pro- 
 ceedings taken by the school-district and town board in 
 taking the lands of the plaintiff for such school-house site or 
 addition thereto, which are set forth in the notice of appeal 
 as grounds therefor, and the amount of compensation and 
 damages to which he is entitled therefor. Such issues shall 
 be tried without further pleadings, as other issues of fact are 
 tried, and judgment thereon be rendered and enforced as in 
 other personal actions in said court; provided, that when the 
 legality of the proceedings is not made an issue, or is sus- 
 tained, and the plaintiff" does not recover a larger sum for 
 damages than was awarded to him, he shall not recover, but 
 shall pay costs. 
 
 Section 482. No school-house site shall contain more than 
 one acre, unless with the consent of the owner of the land 
 taken therefor. All lands so taken against the will of the 
 owner, when it shall cease to be used as a school-house site 
 or addition, shall revert to the original owner, his heirs, or 
 assigns, and no lands shall be so taken that may not be 
 taken for highway purposes, without the consent of the 
 owner thereof. 
 
 Section 483. If such application be made by a joint dis- 
 trict, it shall be made to the town boards of the several towns 
 in which such district is situated, and such town boards shall 
 act together as one board in all proceedings as hereinbefore 
 prescribed. 
 
 Section 484. Whenever any school-district shall locate a 
 site for a school-house upon any land owned by an infant, 
 or in which an infant has an interest, the circuit or county 
 court of the county in which the land is situated, may, upon 
 application of the parent or guardian of such infant, author- 
 ize such parent or guardian to execute a perpetual lease of 
 such site, not exceeding one acre in quantity, and when any 
 such land is held in trust for an infant, his trustee may in 
 like manner apply for authority to make such perpetual 
 lease. All such leases shall vest in the lessee the interest of 
 such infant and of his trustee in such land, so long as the 
 same is occupied for school purposes. Such authority shall 
 not be granted unless it shall be made to appear satisfac- 
 torily to said court that the premises are needed for school 
 purposes, that the said school-district is willing to pay there- 
 for a consideration deemed adequate by the court, and that 
 the interest of such infant will not be prejudiced by reason 
 of said lease; and before making such order the court shall 
 require the person authorized to make such lease to give a 
 bond to account for and pay over the consideration received 
 therefor, as in cases provided by law for the sales of lands 
 of minors. 
 
 The foregoing sections embody the laws in force as to the 
 establishment of school-house sites. The town board is to 
 
115 
 
 be called upon, not to select or designate a site in any case, 
 but to locate and establish the same, or any addition thereto, 
 when tlie district cannot obtain it, on reasonable terms, or 
 because the owner is a non-resident. 
 
 The last section points out the course to be pursued when 
 the site selected is on land owned by an infant, or in which 
 an infant has an interest. 
 
 X. LIBRARIES. 
 
 Sectiox 485. The clerk of the district, or such other per- 
 son as the legal voters shall appoint, shall be the librarian, 
 and have the care and custody of the district library, under 
 the supervision of the district board. All actions relating to 
 such libraries, or for the recovery of any penalties lawfully 
 established in relation thereto, shall be brought in the name 
 of the proper school-district. 
 
 Section 486. The legal voters of any two or more adjoin- 
 ing school-districts may, with the approval of the town 
 board, unite their libraries and library money, and may pur- 
 chase a joint library or additions thereto for such districts,, 
 to be selected by the district boards thereof or by such per- 
 son as they shall designate, and to be under charge of 
 librarians to be appointed by such district boards. Every 
 such joint library and its appurtenances shall be vested in, 
 and all actions relating thereto shall be brought in the names 
 of all the districts owning such joint library. In case such 
 district shall desire to divide any such joint library, such 
 division shall be made by the directors of the districts own- 
 ing the same, or by the town supervisors, if such directors 
 cannot agree; and any school-district, may donate and sell 
 any book or books belonging to the district library, to the 
 town in which it is situated, to form a part of the town 
 librarv. 
 
 REGULATIONS. 
 
 The following regulations for the management of school- 
 district libraries, are prescribed by the state superintendent, 
 under the authority of section iCG of the revised statutes: 
 
 1. The district librarian shall have charge of the library, 
 and keep a catalogue of all the books in the library under 
 his care, in a book to be provided by the district for that 
 purpose. 
 
 2. Every volume in a library shall have pasted on the in- 
 side of the cover a printed paper, specifying the name of the 
 
116 
 
 •district; the number of the volume; the fine for not return- 
 ing it within the specified time, and for the loss of or injury 
 to any book. Blanks for this purposa will be furnished to 
 districts upon application to the state superintendent. 
 
 3. Every volume loaned shall be entered by the librarian 
 in a book, to be provided by the district for that purpose, by 
 its number, with the day on which it was loaned; the name 
 of the borrower, and the name of the person to whom it is 
 charged (see regulation 5); the date when returned, and con- 
 dition of the book; the fine assessed for detention, or injury 
 done to the book, in the following form: 
 
 Time of 
 ■delivery. 
 
 No. of 
 book. 
 
 T© whom 
 delivered. 
 
 To whom 
 (Charged. 
 
 When 
 returned. 
 
 Condition 
 of book. 
 
 Fine for 
 detention 
 
 Fine for 
 injury. 
 
 1880. 
 June 10.... 
 
 41 
 
 Jno. Ward. 
 
 W. Green. 
 
 June 24. 
 
 Good. 
 
 
 
 
 
 4. No person shall be alio wed to have more than one 
 volume at a time, or to retain the same longer than two 
 weeks; nor shall any person who has incurred a fine imposed 
 by these regulations, receive a book while such fine remains 
 unpaid. 
 
 5. Books may be loaned to minors and charged to their 
 parents, guardians, or other persons with whom they re- 
 side, who shall be responsible for the books under these 
 •regulations. 
 
 6. On the election of a librarian, his predecessor shall, 
 within ten days thereafter, deliver to him all the printed and 
 ananuscript books, pamphlets, papers, cases, and all other 
 property belonging to the library which was in his custo dy, 
 for which the librarian shall give him a full receipt, dis- 
 'charging him from all responsibility therefor, except in th e 
 case herein provided; and on receiving the library property ^ 
 the librarian shall carefully examine all books, etc., and if 
 any loss or injury shall have been sustained, for which a fine 
 "has not been imposed by his predecessor, or for which a fine 
 has been imposed and not certified by him to the treasurer, 
 the librarian shall certify the amount thereof to the treas- 
 
117 
 
 iirer, who shall collect the same of such predecessor in the* 
 same manner as other fines are collected, 
 
 7. In case of vacancy in the office of librarian, the district 
 clerk shall perform the duties of librarian until the vacancy 
 is filled. 
 
 8. If any person, having held the office of librarian, shall 
 neglect or refuse to deliver to his successor all the library 
 property, as prescribed in the sixth regulation, the director 
 shall forthwith commence an action in the name of the dis- 
 trict board for the recovery of the property he shall so neg- 
 lect or refuse to deliver. 
 
 9. On the return of every book to the library, the librarian 
 shall examine it carefully, to ascertain what injury, if any, 
 has been sustained by it, and shall charge the amount of the 
 fine accordingly; and in every case of injury not specified in 
 these regulations, he shall assess the amount of damages to 
 be paid, subject to revision by the district board. 
 
 10. The following fines are established by the state super- 
 intendent, viz. : 
 
 1st. For detaining a book beyond two weeks, five cents per 
 week. 
 
 2d. For the loss of a volume, the cost of the book; and if 
 one of a set, an amount sufficient to replace it, or to purchase 
 a new set. 
 
 3d. For a leaf of the text torn out or lost, or so soiled as to 
 render it illegible, the cost of the book. 
 
 4th. For any injury beyond ordinary wear, an amount 
 proportionate to the injury, to be estimated by the librarian. 
 
 oth. Whenever any book shall not be returned within six 
 weeks from the time it was loaned, it shall be deemed to be 
 lost, and the person so detaining it shall be charged with its 
 cost in addition to the weekly fine for detaining the book, 
 up to the time such charge is made. But if the book is 
 finally returned, the charge for loss shall be remitted ; and 
 the fine for not returning the same be levied up to the time 
 of such return ; provided, that in no case shall the amount 
 of weekly fines exceed double the cost of the book. 
 
 11. On the third Monday of August, November, February, 
 and May, and also immediately before he vacates his office. 
 
118 
 
 the librarian shall report to the district treasurer the name 
 of every person liable for fines, and the amount each such 
 person is liable to pay; and the treasurer shall give the 
 librarian a certificate of the same, and immediately proceed 
 to collect the same, and if not paid shall so certify to the 
 director, who shall forthwith bring an action in the name of 
 the district board for the recovery thereof. 
 
 12. All library fines shall be paid to the district treasurer, 
 who shall keep account of the same, and shall report thereon 
 to the annual district meeting, giving the name of each in- 
 dividual fined, the amount of the fine, and the sum total of 
 all fines, which report shall be recorded by the clerk; and 
 the district treasurer shall be responsible for all fines uncol- 
 lected through his neglect. 
 
 13. On the first day of Septem.ber in each year, the librarian 
 shall report to the district clerk as follows: 
 
 1st. The number of volumes in the library; 
 2d. The number of volumes purchased during the year; 
 3d. The number of volumes presented during the year; 
 4th. The number of volumes loaned during the year [count- 
 ing each volume once for each time it is loaned] ; 
 5th. Amount of fines collected ; 
 6th. Amount of fines expended. 
 7th. Amount of fines remaining unexpended. 
 
 14. The library fines collected must be first applied to the 
 replacing of lost volumes, binding pamphlets, and rebind- 
 ing such books as may requirs it. 
 
 15. In case of joint libraries, the reports required above 
 shall be made to the officers of the district in which the 
 library is located. 
 
 TOWN LIBRARIES. 
 
 As districts may donate or sell their books to the town, to 
 form part of the town library, the provision of the statutes 
 in regard to town libraries is given : 
 
 Section 770. The qualified electors of each town shall 
 have power at any annual town meeting : 
 
 4. To vote by ballot to establish a town library for the use 
 of the people thereof. In taking such vote the electors voting 
 in favor thereof shall vote a separate ballot containing the 
 
119 
 
 words, " for a town library." and those voting against, a sep- 
 arate ballot containing the words, "■ against a town library," 
 and when established, to make all by-laws, rules, and regu- 
 lations for the management thereof, and raise a sum not ex- 
 ceeding one hundred and fifty dollars in any one year for 
 the purpose of purchasing books, furnishing a place to keep 
 such library, and paying the librarian for his services, to be 
 expended under the direction of the town board. 
 
 XL JUDGMENTS AGAINST SCHOOL DISTRICTS. 
 
 Section 487. No execution shall issue on any judgment 
 against a school-district, except upon leave of the court, 
 upon motion, after the failure of the remedies provided in 
 these statutes. - 
 
 Section 488. Whenever a final judgment shall be ob- 
 tained against any school-district, the judgment creditor, 
 his assignee or attorney may file with the town clerk a cer- 
 tified transcript of such judgment, or of the docket thereof, 
 together with his affidavit, showing the amount due thereon, 
 and all payments, if any, and that the judgment has not 
 been appealed from or removed to another court, or if so ap- 
 pealed or removed, has been affirmed; and thereupon the 
 town clerk shall assess the amount thereof, with interest 
 trom the date of its rendition to the time when the warrant 
 for the collection thereof will expire, upon the taxable prop- 
 erty of such district, placing the same in a separate column 
 on the next tax roll; and the same shall be collected and re- 
 turned as town taxes are, and paid to the party entitled 
 thereto. In case of a judgment against a joint district, a 
 transcript and affidavit as aforesaid shall be filed with the 
 clerk of each town in which any part of the district is situ- 
 ated, and the town clerk in each town shall assess on the 
 taxable property of the part of such district situated in his 
 town, the same proportion of the whole amount, with inter- 
 est as aforesaid, as is assessed on such part for the other 
 district taxes in such year. Such proportion may be ascer- 
 tained by the certificate of the district clerk, or the certifi- 
 cate of the several town clerks interested to each other, 
 showing the amount of other district taxes certified by the 
 district clerk to each town clerk. Whenever, for any cause, 
 the amount which ought to be assessed on any such district 
 or part of district, as above provided.shall not be so assessed 
 in the next tax roll after the filing of such transcript and 
 affidavit, the town clerk shall assess the same on the next or 
 any subsequent tax roll within two years thereafter. 
 
 Section 48'.). Whenever an appeal shall be taken from 
 any judgment against a district, and a transcript thereof 
 and affidavit shall have been filed, as above provided, the 
 director may file a certificate of such appeal with the town 
 
120 
 
 clerk, and thereupon he shall suspend the assessment of such 
 judgment, until the determination of such appeal. If such 
 j?:dgment be thereafter affirmed, on proof thereof by certifi- 
 cate of the clerk of the appellate court, the town clerk shall 
 assess the same, with interest, in the next tax roll. 
 
 The ]3roperty belonging to the district is not liable to levy 
 or sale upon an execution. Under the rendition of any 
 judgment against a school-district, a transcript of the same 
 is to be filed with the town clerk, or, if the district be a. 
 joint district, with the clerk of each town in which such dis- 
 trict is in part situated. The town clerk is then required to 
 assess the amount of the judgment, with interest thereon, 
 in a separate column, in the next assessment roll, and the 
 tax. when collected, shall be paid to the party entitled 
 thereto. 
 
 XIT. FREE HIGH SCHOOLS, 
 
 The law relating to free high schools underwent several 
 amendments, in the revision oi: the statutes, but some of 
 these amendments not proving satisfactory, the law under- 
 went further modifications at the sessions of 1879, 1882, 1883 
 and 1885. The several sections, as now in force, are given 
 below, with comments upon each: 
 
 Sections 490, 491, 493 and 493, Revised Statutes, as amended by Chapter 
 245, Laws of 1879. 
 
 Section 490. Any town or incorporated village or city, or 
 school-district which contains within its limits an incorpo- 
 rated village, or which has a graded school of not less than 
 two departments, with not less than twenty-five pupils pre- 
 pared to begin a high school course, may establish and main- 
 tain not exceeding two high schools in the manner and with 
 the privileges herein provided. The question of establish- 
 ing such schools may be submitted by the town, school-dis- 
 trict, or village board, or common council, at any annual or 
 duly called special meeting, or election, upon written resolu- 
 tion therefor, proposed for adoption: provided, notice of such 
 purpose, embodying such resolution, be given in the manner 
 provided for notifying a special district meeting, town meet- 
 ing, or charter election. The vote shall be taken by ballot, 
 and canvassed according to the statutes for conducting 
 elections in such municipality, those ballots in favor being 
 written or printed " for high school," those opposed, " against 
 high school." If the resolution be adopted, such towns, 
 school districts, village, or city, shall constitute a high 
 
121 
 
 school district. But no city, incorporated village or school- 
 district, in which a high school heretofore established has 
 been reported, recognized and aided as a free high school, 
 shall be required to take any vote on the resolution provided 
 for in this section, but may continue to report and receive 
 aid, on due compliance with the law in other respects. 
 
 Under this section, as amended, any district having a 
 graded school of "' not less than two departments " may es- 
 tablish a free high school, as well as any town, city, incorpo- 
 rated village, or district containing an incorporated village; 
 but the restriction is imposed that there must be not less 
 than twenty-five pupils prepared to begin a high school 
 course, before a high school can be established under the 
 law. 
 
 Hereafter, in each municipality proposing to establish such 
 
 a school, a vote must be taken; but this does not apply to 
 
 any case in which a school has already been recognized 
 
 under the law, and received aid. Such schools will continue 
 
 to be recognized on due compliance with the law in other 
 
 respects. 
 
 Section 401. Two or more adjoining towns may unite in 
 establishing and maintaining any such high school. The 
 resolution proposing the same shall be approved and sub- 
 mitted, and the notice of election signed by at least two 
 supervisors of each town, and the election shall be notified 
 and conducted in each town as provided in the preceding 
 section. Such resolution shall not be adopted unless a ma- 
 jority of the votes cast in each town be in favor thereof. 
 The votes shall be canvassed at the first election and all 
 subsequent elections in the several towns, as at town meet- 
 ings; and the supervisors of the several towns proposing to 
 unite, shall, within one week after such elections, meet and 
 canvass the votes, and certify the result to the town clerk of 
 each town. If such resolution be adopted, tne several towns 
 so voting to unite shall constitute a joint high school-dis- 
 trict. 
 
 In the revision of the statutes, this section, which was sec- 
 tion 2 of the original law, has been amended by requiring 
 that the resolution proposing the establishment of a school 
 by the joint action of two or more towns, " shall be approved 
 and submitted, and the notice of election signed by at least 
 two supervisors of each town." Towns thus uniting in the 
 establishment of a school form a joint high school-district. 
 
122 
 
 The privilege is no longer granted to one or more districts 
 to establish a school where the town declines to do so, but is 
 confined to districts already having a graded school, or em- 
 bracing an incorporated village, as provided in section 490. 
 
 Section 492. The officers of each such district shall be a 
 director, treasurer, and clerk, whose term of office shall be 
 each three years, beginning with the annual town meeting, 
 and until his successor shall have been chosen or appointed; 
 provided, that at the first election the clerk shall be chosen 
 for one year, the treasurer for two years, and the director 
 for three years; and all of said officers may be chosen first 
 at the same election a,t which the question of establishing a 
 high school is submitted, to take their offices if the resolu- 
 tion therefor be adopted. Thereafter, such officers shall be 
 elected at the annual town meeting or charter election. The 
 votes cast shall be canvassed, and the results declared and 
 certified, as provided in the preceding sections. But in all 
 cities not under a c®unty superintendent, which now consti- 
 tute free high school-districts, or which shall hereafter adopt 
 the resolution provided for in section four hundred and 
 ninety, and become free high school-districts, the board of 
 education in each such city shall be the high school board, 
 and the city treasurer shall be, ex-officio, the treasurer of 
 the high school-district, unless the board of education em- 
 braces a treasurer; and in all district^ maintaining a graded 
 school of not less than two departments, which now consti- 
 tute free high school-districts, or which shall hereafter adopt 
 said resolution, the district board in each such district shall 
 be the high school board; and the district treasurer shall be 
 the treasurer of the high school-district. 
 
 Section 493. The officers aforesaid shall constitute the 
 high school board, and. as such board and such officers, shall 
 conduct the affairs of such high school-district on the same 
 general plan provided for a school-district, and shall have 
 and possess, with respect to such high school-district, all the 
 powers, including all such as may be conferred by vote of a 
 disti'ict meeting, and be charged with all the duties, con- 
 ferred and imposed in these statutes on the district officers 
 and district board of a school-district, applicable to such 
 high school-district; the treasurer shall give a like bond, to 
 be approved and filed in a similar manner. The high school- 
 district clerk shall make a similar report to that provided in 
 section four hundred and sixty-two, omitting the first sub- 
 division. They may grade such school and establish the 
 branches of study to be taught therein, under the advice of 
 the State Superintendent. Every forfeiture and punishment 
 enacted against neglect or violation of duty in a school-dis- 
 trict officer, shall be held equally to apply to a high school- 
 district officer for like neglect or violation. The reports of 
 free high schools in cities not under a county superintend- 
 
123 
 
 ent, shall be included in the reports from such cities to the 
 State Superintendent, made by the city superintendent or 
 clerk of the board of education. 
 
 These two sections combine sections three, four, five, six, 
 and nine of the former law, omit some provisions, and, as 
 amended, simplify the election of officers and the constitu- 
 tion of the board. The officers, if elected, are to bear the 
 same names and to be elected for the same terms, as ordi- 
 nary district officers. In the independent cities, the board 
 of education is to be the high school board; in single districts, 
 the district board is to be also the high school board. The 
 duties of the several officers, and of the board are similar to 
 those of district officers and boards. There are special pro- 
 visions as to the treasurer. The clerk is to make a report, 
 which will be sent to the proper county superintendent, as 
 formerly provided in section ten of the high school law; but 
 in independent cities, the report is embodied in the report of 
 the city superintendent, or of the clerk of the board of edu- 
 cation, if there be no superintendent. The course of study 
 is established under the advice and consent of the State 
 Superintendent, as farther provided in the next section; and 
 in addition to the general report above mentioned, a finan- 
 cial report is to be made in duplicate to the State Superin- 
 tendent, as provided in section 490, Blanks for both reports 
 are furnished from the office of the State Superintendent. 
 
 Section 494, Revised Statutes, amended by chajyter 245, Laws of 1879, and 
 chapter 146, General Lairs of 1881. 
 
 Section 494. All such high schools shall be free to all 
 pupils resident in the district. Ever}' principal of any high 
 school hereafter elected or appointed shall be a graduate of 
 some university, college or normal school, or shall hold a 
 state certificate, or shall pass an examination in the studies 
 required to be taught in an^^ such school; and the high 
 school boards or boards of education having charge of such 
 schools shall determine, with the advice and consent of the 
 State Superintendent, the course of study and minimum 
 standard of qualifications for admission to the same. 
 
124 
 
 Chapter 325, Imvs of 1883, as amended by chapter 242, laws of 1885. 
 
 Section 1. The state superintendent shall prepare a 
 course or courses of study suitable to be pursued in free high 
 schools, publish the same, and furnish them upon applica- 
 tion for the information of localities contemplating the 
 maintenance of free high schools. He shall exercise such 
 personal supervision and make such personal inspection of 
 the work of all free high schools organized under the pro- 
 visions of the statutes of this state as they seem to require 
 and other duties of this office may warrant; and he may call 
 to his assistance in the work of inspection and supervision 
 of free high schools, the professor of theory and art in the 
 university, and occupy so much of his time as will not inter- 
 fere with a proper discharge of his duties in connection with 
 the university; he shall examine or cause to be examined, 
 all teachers of high schools required by law to pass a special 
 examination to qualify them for teaching in high schools, 
 and grant certificates to such as pass examinations satisfac- 
 torily, which certificates shall be in such form and for such 
 time as he may prescribe, and shall authorize the holders to 
 teach in such special place or places, or in the whole state 
 as the qualifications of the candidate may warrant. The 
 courses of study herein authorized to be prepared shall in- 
 clude instruction in the theory and art of teaching, and or- 
 ganization, management and course of study of ungraded 
 schools, and all examinations of teachers shall include 
 examinations upon these subjects. 
 
 Section 2. The state superintendent shall furnish suita- 
 ble blanks for annual and special reports for all free high 
 schools, which shall include the number, age and sex of all 
 pupils enrolled, the number in each class or year of the 
 course of study, the number pursuing English branches 
 only, the number completing the course of study each year, 
 and such other statistics as may be deemed necessary. 
 
 The free admission of all resident pupils is based, of 
 course, on ability to pass the required examination. 
 
 The ambiguity in the law relating to the examination of 
 principals who are not graduates of the schools mentioned, 
 or do not hold state certificates, and also relating to the 
 supervision of free high schools, is removed by the law 
 of 1883. 
 
 These schools are now determined to be under the personal 
 supervision of the state superintendent. The examination 
 of teachers required to be examined is also to be made under 
 the direction of the state superintendent, and certificates of 
 different grades may be issued by him. By the provisions 
 
125 
 
 that the courses of study shall include instruction in theory 
 and art of teaching, organization, management and 
 cour je of study of ungraded schools, and that examination 
 of teachers shall include examination upon these subjects, 
 public recognition is made of the faci that one of the legal 
 functions of free high schools is to prepare for teaching in 
 the common schools of the state. 
 
 As a rule, these examinations will be conducted by county 
 or city superintendents in the locality where the teacher is 
 to be employed, under regulations prescribed, and the papers 
 written will be transmitted to the state superintendent. The 
 grade of certificate issued thereon will be determined by 
 the chaacter of- the papers, the age, experience and success 
 in teaching of the applicant. 
 
 The course of study to be pursued and the standard for 
 admission to the school are to be determined with the ad- 
 vice and consent of the state superintendent. Three courses 
 have been arranged, and published in pamphlet form, with 
 the text of the law relating to free high schools, and comments 
 thereon, which will be furnished on application to localities 
 proposing to establish free high schools. It should be under- 
 stood that any modification of the prescribed courses of 
 study must have the approbation of the state superintend- 
 ent. 
 
 Section 495, The high school board shall annually, on or 
 before the second Monday in September, meet and determine 
 the amount necessary to be raised by tax for the support of 
 such hi^h school, and certify the same to the proper town, 
 city or village clerk; if a joint high school-district, they shall 
 certify to the town clerk of each town the proportionate 
 amount thereof to be raised by such town, such proportion 
 to be determined according to the total valuation of all the 
 taxable propertj^ in such town as equalized by the town boards 
 of review. Such tax shall be assessed on the next tax roll 
 by such clerk or other officer making the same, and collected 
 and returned as other taxes, and paid to the high school-dis- 
 trict treasurer. Such moneys shall be paid out only on orders 
 drawn and countersigned as prescribed in case of school- 
 districts. Any town which is a single high school-district, 
 may, by resolution adopted at the annual town meeting, 
 limit the amount to be raised for high school purposes in 
 such town, during such year. In case of a joint high school- 
 district, the town boards of the several towns embraced may, 
 
• J26 
 
 by a joint resolution adopted by all such town boards, be- 
 fore the first day of July, likewise limit the amount to be 
 raised in such district. 
 
 The certificate of the amount necessary to be raised for 
 the support of the high school, is to be made in September, 
 instead of July, as formerly. Towns having a high school 
 may, by vote, limit the amount to be raised; and in case of 
 a joint high school-district, the town boards may limit the 
 amount. 
 
 Section 496, Revised Statutes, amended hy Chapter 245, Laws of 1879, 
 Chapter 273, Laws of 1883, and Chapter 430, Laws of 1885. 
 
 Section 496. Any high school-district which shall have 
 established a free high school, according to the provisions of 
 these statutes, and shall have maintained the same for not 
 less than three months in any school year, shall be entitled 
 to receive from the general fund of the state, annually, one- 
 half the amount actually expended for instruction in the 
 high school of such district, during such school year, over 
 and above the amount required by law to be expended for 
 common school purposes, but not to exceed in one year five 
 hundred dollars to one district. To obtain such aid, the high 
 school board, or, in cities not under a county superintendent, 
 the president and secretary of the board of education, and 
 the treasurer, shall, on or before the first day of IN ovember, 
 report in duplicate to the state superintendent, under their 
 oaths, the amount actually expended for instruction during 
 the previous school year, specifying the several items thereof, 
 with the date and object of each, fully. Thereupon, the 
 state superintendent shall fix the amount to be paid such 
 high school-district, and certify the same to the secretary of 
 state, with one of such reports annexed. On such certificate, 
 at any time after the first day of December, the same shall 
 be paid to the district treasurer out of the state treasury; but 
 the whole amount so paid shall not exceed the sum of 
 twenty-five thousand dollars in any one year; and if more 
 be demanded by such districts, they shall be paid propor- 
 tionally. The secretary of state shall annually include 
 and apportion in the state tax all such sums as shall have 
 been so paid, in addition to all other sums to be levied for 
 the year. Hereafter, when by any neglect or omission, any 
 free high school shall fail to have apportioned to it its share 
 of state aid under this act, the state superintendent may, 
 after the time hereinbefore fixed for such apportionment by 
 him, fix an amount ten per cent, less than the amount which 
 such free high school would have been entitled to, had it 
 complied with the provisions of this act, and certify the same 
 to the secretary of state, with the report of such district or 
 
127 
 
 districts annexed thereto, and the secretary shall thereupon 
 draw liis warrant for such amount or amounts in favor of 
 such district or districts. And each successive year the 
 school superintendent shall apportion among the free high 
 schools of the state, only the sum of twenty-five thousand 
 dollars, less such sum or sums as may have been certified by 
 him to the secretary of state under the provisions of this act 
 subsequent to his last regular apportionment. 
 
 By the provisions of this section, it will be observed, that 
 each free high school established and maintained in accord- 
 ance with the provisions of law is entitled annually to share 
 in the apportionment in aid of free high schools. An item- 
 ized report of the actual cost of instruction for the previous 
 school year, ending June 30th, is required, to be made in du- 
 plicate on or before the first day of November. 
 
 / 
 
 Chapter 352, Laics of 1835. 
 
 AN ACT to encourage the establishment of free high schools 
 in towns having no graded schools therein, and to appro- 
 priate a certain amount from the general fund in aid of 
 such schools. 
 
 Section 1. Whenever any town in which no graded 
 schools exist or when any two adjoining towns in which no 
 graded school exists, shall vote to establish and maintain a 
 free high school, as provided in sections 490 and 491, revised 
 statutes, and such free high school shall have been estab- 
 lished and maintained in the manner now provided by law 
 for establishing and maintaining free high schools for at 
 least three months, and when the iiigh school board of such 
 town, or of such two towns adjoining which unite lo main- 
 tain such school, shall make the report required by section 
 49G, revised statutes, in order to obtain the aid furnished by 
 the state of Wisconsin in maintaining free high schools, 
 they shall append thereto a certificate to the effect that such 
 school is established and maintained in a town or by towns 
 wherein no graded school exists. 
 
 Section 2. Upon receiving the reports and appended cer- 
 tificate provided for in section 1 of this act, it shall be the 
 duty of the state superintendent to make a separate and 
 distinct class of the schools thus established and maintained 
 in towns where no graded schools exist, and each such school 
 shall be entitled to receive from the general fund of the state 
 annually one half the amount actually expended for instruc- 
 tion in such school, and the state superintendent shall fix the 
 amount to be paid to each of said high schools and certify 
 the same to the secretary of state, at the same time and in 
 the same manner as he is now required to fix the amount to 
 be paid to high school districts, and certify the same to the 
 
/ 
 
 128 
 
 secretary of state. On such certificate, at any time after 
 the first day of December, the same shall be paid to the dis- 
 trict treasurer out of the state treasury; but the whole 
 amount so paid shall not exceed twenty-five thousand dollars 
 in any one year to this class of free high schools, and if more 
 is demanded by such districts, they shall be paid propor- 
 tionally. The secretary of state shall annually include and 
 apportion in the state tax all such sums as shall have been 
 so paid, in addition to the amount authorized to be paid in 
 aid of free high schools by section 496, revised statutes, and 
 in addition to all other sums to be levied for the year. 
 
 By this act an annual appropriation of not more than 
 twenty-five thousand dollars is made to encourage the estab- 
 lishment and maintenance of free high schools in towns 
 where there are no other but ungraded district schools. 
 
 This was the principal purpose of the first act proffering 
 aid to free high schools. But few of these places ever took 
 advantage of the assistance thus tendered, and the amount 
 of the annual aid is now entirely absorbed by high schools 
 established in connection with graded schools. This act 
 will not increase the amount available by that class of 
 schools, but the amount appropriated must be devoted 
 exclusively in aid of the class of high schools mentioned. 
 
 In organization, management, and methods of application 
 to obtain aid, these schools will conform to the law hereto- 
 fore existing relating to organization, management, and aid 
 of free high schools. It is earnestly hoped that at least a 
 hundred of these schools* will be established within a year, 
 and within two years there should be not less than two hun- 
 dred organized. In them, for five or six months every winter, 
 the advanced pupils of the town should be gathered for bet- 
 ter andmore advanced instruction than is now possible in 
 the district schools, with their large number of all grades of 
 pupils. 
 
 XIII. APPEALS. 
 
 Section 497. Any person conceiving himself aggrieved by 
 any decision made by any school-district meeting,, or by any 
 town board in forming or altering, or in refusing to form or 
 alter, any school district, or by any other thing done by any 
 officer or board under the provisions of this chapter^ niay ap- 
 peal to the state superintendent. Such appeal shall be taken 
 
129 
 
 and heard in the manner prescribed by him, and he shall 
 make and file his decision thereon within thirty days after the 
 hearing thereof is closed. The decision appealed from shall 
 be operative until the same shall be reversed; and no decis- 
 ion on appeal to said superintendent made by him after the 
 lapse of thirty days from the time the hearing thereof is 
 closed, shall be effectual. 
 
 An effort has been made to give, under the appropriate 
 section, in the toregoing pages, such an exposition of the 
 statutes relating to common schools as will aid school offi- 
 cers in the discharge of their duties. If, however, after ex- 
 amination of these instructions, it is deemed necessary to 
 apply to the department of public instruction for further 
 information, it" must be borne in mind: 
 
 1. That no decision can be rendered on any subject af- 
 fecting in any manner the rights or interests of different 
 parties, without giving to both sides an opportunity of being 
 heard. This occurs when an appeal is regularly brought in 
 the manner prescribed in the rules regulating appeals, or 
 when all parties have signed and united in transmitting a 
 statement of facts in regard to which they agree. 
 
 3. That an opinion given without affording to both sides 
 a hearing must be regarded as valid only so far as the state- 
 ment on which it is founded represents fully and fairly 
 the facts in the case. Sometimes it happens that two per- 
 sons, applying for advice upon the same question, state the 
 facts diffierentl}'', and of course receive dissimilar replies. 
 They are thus confirmed in their difference cf opinion, in- 
 stead of being reconciled. To avoid this, all parties should 
 be careful to state accurately all the facts of the case, with 
 all practicable certainty as to dates and number, and in such 
 a manner as to indicate the object of the inquiry. 
 
 Those addressing the office, no matter how frequently they 
 may write, should state the name of the post-office to which 
 they desire replies to be seni. 
 
 If it is decided to take an appeal to the state superintend- 
 ent, the following rules are to be observed: 
 9-S. C. 
 
130 
 
 RULES RESPECTING APPEALS. 
 
 1. An appeal must be in writing, addressed to the state 
 superintendent, and signed by the appellant, but no particu- 
 lar form of statement is necessary. 
 
 2. The appeal should be as brief as is consistent with a 
 complete statement of the case. It should set forth the 
 action or proceedings appealed from, and the reasons why 
 such action should be set aside. If the appeal is founded 
 upon the refusal of the supervisors to act, the reasons why 
 the action asked for should have been taken by such super- 
 visors, must be clearly shown. If the appeal relates to the 
 formation or alteration of a district, a map or plat of the 
 territory affected by the action appealed from should be pre- 
 pared, showing the boundaries of the district or districts 
 embraced therein, the location of the residences of the in- 
 habitants, the highways, marshes, etc. A statement show- 
 ing the assessed valuation of the district or districts, or of 
 the several parts of a district divided, and the number of 
 children over four and under twenty years of age residing 
 in each, should accompany the map, and form a part of the 
 papers in the case. When the papers are completed, they 
 should be fastened together, numbered or lettered for refer- 
 ence, and an affidavit attached, setting forth that the 
 statements therein made are true, and that the map, list of 
 children, and valuation of property are correct. The 
 affidavit may be in form as follows : 
 
 A. B., being duly sworn, deposes and says that the state- 
 ments made in the above appeal, all and several, are true, 
 according to the best of his knowledge and belief, and fur- 
 ther that the accompanying map, list of children, and valu- 
 ation of prop«^rty are correct.* 
 
 [Signed] , 
 
 Appellant. 
 
 Sworn to and subscribed before me this day of , 
 
 18—. CD. 
 
 Justice of the Peace. 
 
 3. A complete and correct copy of the appeal and affidavit, 
 and all accompa.nying papers, should be made, to which an- 
 
 * In other maoters than formation or alteration of districts, the latter partof the affidavit 
 after ths word *' belief," may be om tted, or any needed change may be made. 
 
131 
 
 other affidavit should be attached, stating that they are cor- 
 rect copies of the papers in the case. 
 The form of the affidavit may be as follows : 
 
 A. B., being duly sworn, deposes and says that the above 
 is a full and correct copy of an appeal, and all accompanying 
 papers, designed to be sent to the state superintendent. 
 
 [Signed] . 
 
 Sworn to and subscribed before me this day of 
 
 18—. C. D., 
 
 Justice of the Peace. 
 
 This affidavit should be made upon the copy only — not upon 
 the original appeal, that is to be sent to the state superin- 
 tendent. The copy should then be served upon the party 
 from whose action the appeal is taken, either by handing it 
 to him, or leaving it at his residence. If the appeal is from 
 the action of the supervisors, the chairman of the board is 
 a suitable party upon whom to serve the copy. If from the 
 proceedings of a district meeting, upon the clerk or chair- 
 man of the meeting. It should not be served, however, upon 
 an individual who did not sustain the action appealed from 
 as in that case no answer is likely to be made. 
 
 The person serving the copy of appeal should carry with 
 him the original appeal, so that the party from whose action 
 the appeal is taken, may, if willing, admit service of a true 
 copy, by the following form indorced upon the original ap- 
 peal: 
 
 I, E. F., do hereby admit service of the above (or within) 
 appeal. 
 
 [Signed] . . 
 
 In case no such admission of service be made, the appel- 
 lant will append to his appeal an affidavit of the following 
 form: 
 
 A. B., being duly sworn, deposes and says that upon the 
 day of , 18 — , he did serve a true and verified copy 
 
 of this appeal, and all accompanying papers, upon E. F., by 
 handing the same to said E. F. (or by leaving it at his resi- 
 dence, as the case may be). 
 
 [Signed] . 
 
 Sworn to and subscribed before me this day of — 
 
 18—. -C. D., 
 
 Justice of the Peace. 
 
132 
 
 When several persons unite in making an appeal, the af- 
 fidavits may be so changed as to admit the names of all the 
 appellants, and each should sign the appeal and subscribe to 
 each and every affidavit. When the action appealed from 
 is the action of several persons, it is sufficient to serve a copy 
 of the appeal upon any one of the number, though it should 
 always be served upon one not agreeing with the appellants, 
 that an answer may be made. 
 
 When all the above directions are complied with, the orig- 
 inal papers are ready to be forwarded to this office. 
 
 4. An appeal should be taken within thirty days from the 
 performance of the act appealed from, or within thirty days 
 after the action complained of has come to the knowledge 
 vof the appellant. 
 
 THE ANSWER. 
 
 1 . The appellee has fifteen days in which to prepare his 
 -answer, and all the directions above given in reference to 
 the preparation and service of a copy of the appeal papers, 
 should be complied with in preparing and serving the an- 
 swer upon the appellant, before it is forwarded to the state 
 superintendent. The forms of affidavit given above will 
 answer in all cases for forms to be used by the appellee, by 
 changing the words so that the affidavit shall refer to an 
 ■" answer to an appeal," instead of to an appeal, and by sign- 
 ing it as appellee instead of appellant. 
 
 2. The answer to an appeal may be served upon any one 
 of a number of appellants. When the town board of super- 
 visors is a party, and papers have been served upon the 
 •chairman, if he is in favor of the party appealing, one of 
 the other supervisors should make answer. 
 
 3. In case of neglect of the proper appellees to answer an 
 appeal, any person having an interest in the matter may 
 make answer to it, being governed in all cases by the same 
 rules as would govern an appellee. 
 
 REPLICATION OR REJOINDER. 
 
 A replication or rejoinder will be allowed, upon proof that 
 new facts have come to the knowledge of the party wishing 
 the rejoinder, since the appeal or answer have been sub- 
 
133 
 
 initted to the state superintendent, or that there are materiaE 
 errors in the statements of the other party. 
 
 GENERAL REMARKS. 
 
 If the appellant or appellee presents statements of other 
 parties, these statements should be verified by the affidavit 
 of the person making the same. 
 
 All decisions on appeal must be filed or recorded as the 
 state superintendent shall direct. 
 
 No decision can be rendered on ex parte statements. No 
 papers will be considered that are not properly verified, and 
 properly served on opposing parties. 
 
 The propriety of leaving out of appeals all matters of a 
 purely personal character, except as they may have a direct 
 bearing upon the subject, is obvious. 
 
 As appeals are usually decided upon written and not upon 
 oral evidence, it is not necessary or proper for either party 
 to appear in person, expecting to be heard in the case, with- 
 out the presence of tAother part}''. 
 
 Particular care should be taken to follow the directions in 
 regard to affidavits, serving copy, etc., so that it may not be 
 necessary to send papers back for correction. 
 
 Not only must every paper presented in a case, by either 
 party, be verified by affidavit, and a copy be served on the 
 other side, but in mald^g the copy, care must be taken to- 
 copy every aflSdavit aflr^ell as the statement which it veri- 
 fies. If this is not doH the party upon whom such copy is 
 served has no evidence that the original was sworn to. 
 
 If the appeal is not taken or the answer or rejoinder made 
 within the prescribed time, the reasons for the delay must 
 be given. 
 
 Most of the appeals made to this department grow out of 
 the alteration or formation of school-districts, or the refusal 
 to form or alter the same. In view of this fact, the superin- 
 tendent is led to remark, not only that these controversies 
 are often very injurious to the interests of education, but 
 that they would be avoided, so far as they relate to the mat- 
 ters mentioned above, if towns favorably situated for the 
 
134 
 
 purpose would adopt the " town organization of schools/' 
 the law providing for which is given on subsequent pages. 
 
 APPEALS BY TEACHERS. 
 
 Any person refused a certificate by the county superin- 
 tendent of schools, may make appeal to the state superintend- 
 ent, according to section 452, using the following form: 
 
 To A. B., County Superintendent of Schools for County: 
 
 Sir: You are hereby notified that I intend to appeal from 
 your refusal to grant me a certificate, and I hereby ask you 
 for your reasons for such refusal, that I may present the 
 same to the state superintendent, with my appeal. 
 
 Respectfully yours, . 
 
 The refusal is ordinarily for alleged want of learning. In 
 this case the appellant will usually appear before the state 
 superintendent for re-examination. He should not come, 
 however, without any previous notice; but after notice to 
 the county superintendent, as above, and on obtaining the 
 statement of reasons for refusal, he should forward the same 
 to the state superintendent, notifyin J|^im of his desire for a 
 re-examination, that a time may be fixed which may be con- 
 venient to both parties. 
 
 If the appellant and county superintendent mutually 
 agree that the appeal shall be decided on the papers on 
 which a certificate was refused, a re-examination may not 
 be necessary, ^ 
 
 If the refusal is for alleged want debility to teach, or for 
 alleged immorality of character, theAapeal will be decided 
 on the evidence submitted in writin^by the parties. The 
 papers will be made out and verified, and copies served, as 
 provided under the Rules for Appeals. 
 
 In case a teacher's certificate is annulled, he also has a 
 right of appeal. For this purpose the following form may 
 be used: 
 
 To A. B., County Superintendent of Schools for County: 
 
 Sir: You are hereby notified that I intend to appeal from 
 your action in annulling my certificate, and I hereby ask for 
 your reasons for such action, that I may present the same 
 to the state superintendent with my appeal. 
 
 Respectfully yours, . 
 
135 
 
 The directions given above, in regard to an appeal from a 
 refusal to grant a certificate, are to be followed, as far as 
 applicable, in an appeal from the action of a superintendent 
 in annulling a certificate. 
 
 XIV. PENALTIES AND MISCELLANEOUS LAWS. 
 
 Section 498. Every district clerk who shall willfully 
 neglect to make the annual report for his district, as re- 
 quired by law, shall be liable to pay the whole amount of 
 money lost by such district in consequence of his neglect, 
 which shall be recoverea in an action in the name of and 
 for use of the district. 
 
 Section 41)9. Every town clerk who shall neglect or re- 
 fuse to make and deliver to the county superintendent his 
 annual report as required in this chapter, within the time 
 limited therefor, shall be liable on his official bond to pay 
 the town the amount which such town or any school-district 
 therein shall lose by such neglect or refusal with interest 
 thereon; and every county superintendent who shall neglect 
 or refuse to make the report required of him by this chap- 
 ter, to the state superjj^ndent, shall be liable to pay to each 
 town the amount which such town or any school-district 
 therein shall lose by such neglect or refusal with interest 
 thereon, to be recovered in either case in an action prose- 
 cuted by the town treasurer in the name of the town. All 
 money collected or received by any town treasurer, under 
 the provisions of this section, shall be apportioned and dis- 
 tributed to the school-districts entitled thereto, in the same 
 manner that the mon^ lost by any such neglect or refusal 
 would have been appMioned and distributed. 
 
 Section 500. Even^axable inhabitant receiving the no- 
 tice mentioned in s^Bons four hundred and thirteen and 
 four hundred and fifteen, and every chairman of the first 
 district meeting in any district, who shall willfully neglect or 
 refuse to perform the duties enjoined upon him by this chap- 
 ter, shall respectively forfeit the sum of five dollars. Every 
 person duly elected to the office of director, treasurer, or 
 clerk of any school-district, who shall neglect or refuse, 
 without sufficient cause, to accept such office and serve 
 therein, or who, having entered upon the duties of his office, 
 shall neglect or refuse to perform any duty" required of him 
 by the provisions of this chapter, shall forfeit the sum of ten 
 dollars; and every school-district officer who shall neglect 
 or refuse to deliver to his successor in office all records, 
 bboks, and papers appertaining to such office, shall forfeit 
 not exceeding fifty dollars. 
 
136 
 
 Section 501. ISTeither the state superintendent, his assist- 
 ant, or any person in his office, nor any county superintend- 
 ent, nor school-district officer, nor any officer or teacher 
 connected with any public school, shall act as agent or so- 
 licitor for the sale of any school books, maps, charts, school 
 library books, school furniture, apparatus, or stationery, or 
 furnish any assistance to, or receive any reward therefrom 
 from any author, publisher, bookseller, or dealer doing the 
 same. Every person violating this section shall forfeit not 
 less than fifty nor more than two hundred dollars for each 
 offense, and be liable to removal from office therefor. 
 
 Section 502. Every district clerk who shall draw an or- 
 der upon the treasurer for any purpose not authorized by 
 law, and every director who shall countersign such order, 
 shall forfeit for each such order not less than twenty nor 
 more than one hundred dollars. 
 
 As amended by Chapter 251, Laivs of 1883. 
 
 Section 503. Every member of a district board in any 
 school district in this state, every member of a board of edu- 
 cation in any city of this state in which a list of text books 
 has been adopted according to law, who shall with in three 
 years from the date of such adoption order a change of text 
 books in such district or city, shall forfeit the sum of fifty 
 dollars ($50). jj^ 
 
 Section 504. In case the town bo^ra, or any other officer,, 
 shall neglect or refuse to carry into effect any decision of the 
 state superintendent made upon an appeal from their or his 
 action or refusal to act, each supervisor or other officer thus 
 refusing or neglecting shall forfeit the sum of fifty dollars; 
 and every town clerk Avho shall so neglect or refuse 
 shall also be liable to removal by the town board, upon 
 proper notice thereof. 
 
 Section 505. All actions for the i«povery of any forfeit- 
 ure incurred under the provisions o¥this chapter, shall be 
 prosecuted by the director of the s(^p^l-district interested, 
 except when such director has incurred a forfeiture, in 
 which case such action shall be prosecuted by the treasurer 
 of such district, and in case either shall refuse or neglect to 
 prosecute, he shall forfeit twenty dollars. All forfeitures re- 
 covered shall be first applied to the necessary expenses of 
 such prosecutions, and one-half of the remainder shall be 
 paid into the district treasury for the use of the district, and 
 the other half to the county treasurer, for the benefit of the 
 school fund. 
 
 Section 50G. Whenever any person or officer designated 
 in this chapter to prosecute an action for a forfeiture, or for 
 a neglect of duty, shall fail to prosecute such action for the 
 space of ten days, after being requested in writing by a 
 vote of the proper district, so to do, any voter may prose- 
 
137 
 
 cute such action for the recovery of such forfeiture, or for 
 any neglect of duty, in the manner herein prescribed. 
 
 Section 507. Any school-district officer may be removed 
 from office by the county judge, for willful neglect of any 
 duty, upon the written application of the majority of the 
 legal voters of his district, or of any person aggrieved by 
 such neglect, containing a full statement of all the charges 
 preferred against him. A copy thereof, with a notice of the 
 time and place when and where a hearing upon the same 
 will be had, shall be served upon such officer at least ten 
 days before such hearing. Such officer shall have full op- 
 portunity to be heard in his defense; and the judge, upon 
 satisfactory proof of such neglect of duty, may by order re- 
 move such officer from his office, and in case ot removal 
 shall forthwith file such order in the office of the town clerk, 
 and cause a copy thereof to be served upon each of the other 
 officers of the district. The person so removed from office 
 shall not be appointed to fill the vacancy occasioned by such 
 removal; and for all services performed by the county judge 
 under the provisions of this section, he shall receive three 
 dollars for each day actually employed, to be paid by the 
 countv. 
 
 JOURNAL OF EDUCATION, DICTIONARIES, ETC. a 
 
 Section 508. Each school-district clerk, and each town 
 clerk or secretary of a town board of directors, may subscribe 
 annually for one copy of the Wisconsin Journal of Educa- 
 tion, to be paid for by the district or town respectively, out 
 of the school money. 
 
 The subscription price of the Journal of Education is $1.00 
 a year, if paid in advance. 
 
 Section 509. The state superintendent is hereby author- 
 ized to furnish to any school-district, or to any school, or dis- 
 tinct department thereof, in any city or village, one copy of 
 Webster s unabridged dictionary, on receipt of an affidavit 
 of the district clerk, or the school superintendent of such 
 village or city, that such school or department has not yet 
 been supplied; or. that the dictionary furnished to said 
 school has been lost or is unfit for use, and on j)ayment in 
 advance of the cost price to said superintendent for any so 
 to be replaced . [And he may, in his discretion, distribute 
 to the school-districts, so that no one shall have more than 
 six copies, the printed edition of the constitution of the Uni- 
 ted States, and of this State, heretofore prepared and re- 
 maining in his custody.] 
 
 The constitutions have all been distributed, and are no 
 longer furnished by the state. 
 
188 
 
 Section 510. All such dictionaries and constitutions, here- 
 tofore or hereafter received by the several disr.ricts, shall 
 belong to the district library, but during the time a school is 
 taught they shall be and remain in the school rooms, during 
 the hours of school, for the exclusive use of the scholars and 
 teachers and under the control of the teachers or principals, 
 v^ho shall be responsible to the districts for their loss, or for 
 any unnecessary damage they may receive. 
 
 Section 511. The state superintendent shall pay to the 
 state treasurer, all money received on account of dictionaries 
 sold as aforesaid, and render an account of all dictionaries 
 sold, in his annual report to the legislature. 
 
 MAP OF WISCONSIN. 
 [Chapter 56, Laws of 1879.] 
 
 The superintendent of public instruction is hereby author- 
 ized and empowered to contract for and purchase seven 
 hundred copies of the-, map of Wisconsin, published by Pro- 
 fessors Nicodemus aiid ConoVer, at a price not exceeding 
 four dollars per copy, l * * /* * Said maps, when so pur- 
 chased, shall be deposited in the office of the superintendent 
 of public instruction, ^nd shall be sold and delivered, one 
 copy each, to any school district, teacher, high school, town 
 or county officer in thislstate, desiring to purchase the same 
 for any public use, or fg^r use in any of the schools in this 
 state, at a price not ex.t^eding the cost per copy at which 
 the same shall be purohaised by said superintendent. 
 
 This map is finely executed, shows the new counties, and 
 is needed in every school-room. The proper form of appli- 
 cation (No. 47), wjll be found in the latter part of this book ; 
 or printed forms will be sent, on request. This section has 
 been amended by the following: 
 
 Chapter 90, Laws of 1883. 
 
 Section 1, The state superintendent is hereby authorized 
 and empowered to sell the Nicodemus and Conover map of 
 the state of Wisconsin, one copy each, to any school district, 
 teacher, high school, town or county officer or member of 
 the legislature in this state desiring to purchase the same 
 for any public use, or for use in any of the schools in this 
 state, at a price not less than two dollars per copy; and all 
 moneys received by said superintendent for said maps so 
 sold shall be paid into the state treasury to the credit of the 
 general fund. The maps offered for sale by this act shall 
 prior to such sale and delivery be revised and corrected in 
 accordance with the latest changes made in the boundary 
 lines of counties and existing at the time of such delivery. 
 
139 
 
 and the secretary of state is hereby authorized to employ 
 a competent draughtsman to make the corrections required. 
 
 The price of these maps has hitherto been $4.00, the amount 
 paid the authors by the state. The price hereafter will be 
 $2.00. Only a limited number can be furnished, less than 
 two hundred copies remain on hand for sale. Orders will be 
 received a,nd filled in the order of filing, as soon as the au- 
 thorized corrections are made through the office of the sec- 
 retary of state. 
 
 Section 512. Every person of lawful school age, main- 
 tained at the pablic charge, siiall, for school purposes, be 
 deemed a resident of the district in which he lives: for every 
 person so maintained by the county, the county board shall 
 for each year allow to the district in which such person may 
 attend school, an amount for each person so attending, equal 
 to the amount expended in that year for each pupil in such 
 district for school purposes; and in case such person be 
 maintained by any town, such town board shall allow a like 
 amount to such district. Such account shall be reckoned by 
 the district officers without reference to the number of pau- 
 per children attending such school. 
 
 Section 513. Every woman of twenty-one years of age, 
 and upwards, may be elected or appointed as director, treas- 
 urer, or clerk of a school-district; director or secretary of a 
 town board, under the township system; member of a board 
 of education in cities; or county superintendent. 
 
 TEXT-BOOKS IN CITIES, ETC. 
 
 As amended by Chajyter 25i, Laws of 188Z. 
 
 Section 514. Th3 several boards of education having the 
 government in cities of the public schools shall determine 
 what school and text books shall be used in the several 
 branches of study pursued in the schools and shall make a 
 list of such books, file a copy with their clerk or secretary, 
 and keep a copy publicly posted in each school building. 
 When any such text books shall have been adopted they 
 shall not be changed for the term of three years. Any 
 board of education in any city where the district system is 
 not in force may, under the limitations of this act, order 
 changes in text-lDooks, provided, that said changes shall be 
 approved by the common council or board of alderrrien of 
 such city, and the aforesaid boards of education are hereby 
 authorized to purchase text-books for use in the public 
 schools and to loan or furnish them to pupils under such 
 conditions or regulations as they may prescribe. But no 
 text-books shall be permitted in any free public schools 
 which would have a tendency to inculcate sectarian ideas. 
 
140 
 
 POWERS OP SCHOOL BOARDS IN CITIES. 
 
 • 
 
 Section 515. Every such board or other body aforesaid 
 shall have all the powers, and be charged with all the duties 
 imposed by these statutes on school-district boards, so far as 
 the same are not provided for or limited by the special pro- 
 visions of the act of incorporation, or other act under which 
 such board or body is constituted. Every ciby or village not 
 having a system of school government specially provided 
 by law therefor, shall be governed by the provisions of this 
 chapter. 
 
 XV. TOWNSHIP SYSTEM OF SCHOOL GOVERN- 
 MENT. 
 
 Section 516. Every town which is now or may hereafter 
 be organized in this state is hereby declared and constituted 
 one school-district for all the purposes in this chapter here- 
 inafter prescribed, and the several school-districts and parts 
 of joint districts, which are now or may hereafter be estab- 
 lished in the several organized towns, shall be styled and 
 known as subdistricfcs, whenever such town shall have voted 
 therefor, as provided in section five hundred and fifty-two. 
 Section 5x7. New subdistricts may be formed, and the 
 boundaries of any subdistrict maybe altered, by the town 
 board of directors at any regular meeting of said board; but 
 the formation and alteration of any joint subdistrict shall 
 be by concurrent action of the board of directors of all the 
 towns embraced in part in such subdistricts. 
 
 Section 518. The clerks of the several subdistricts in any 
 organized town, together with the clerks of the joint sub- 
 districts, the school-houses of which are situated in such 
 town, shall constitute the town board of school directors. 
 
 Section 519. The said board shall be a body corporate, 
 and shall possess the usual powers of a corporation for- 
 public purposes, by the name and style of " the board of 
 
 school directors of the town of " (the name of the 
 
 town to which the board belongp), and in that name shall 
 sue and be sued, and be capable of contracting and being 
 contracted with, and of holding real and personal estate, 
 and of selling the same, as authorized by the provisions of 
 this act; and the clerks of the various school-districts, 
 together with the clerks of the joint school-districts, the 
 school-houses of which are situated in any town adopting 
 the township system, shall constitute the first board of 
 directors of such town; they shall meet and organize within 
 two weeks after the election at which such township system 
 shall be adopted; and they shall hold their offices until the 
 next annual meeting of the subdistricts of such town. 
 
 Section 530. The board of directors in each town are 
 hereby invested, in their corporate capacity with the title^ 
 
141 
 
 oare and custody of all school-houses, school-house sites, 
 
 ^ furniture, apparatus, and other property of all kinds belong- 
 ing- to the subdistricts therein, with full power to control the 
 same in such manner as will best subserve the interests of 
 the schools in such town. 
 
 Section 521. The said board shall meet annually upon 
 the first Monday in October in each year, at or as near as 
 may be the place where the last annual election was held. 
 'Phe second regular meeting of the board shall be held on the 
 
 >? ihitd^M-onday in March in each year. The hour of meeting 
 
 V shall be ten o'clock in the forenoon. 
 i Sectiox 522. Special meetings may be called by the pres- 
 
 Sv) ident and secretary, upon the application of one-third of the 
 members of the board. Such meetings shall be called by 
 notifying each member of the board personally, or by leav-^ 
 
 . ing a written notice at his place of residence or business, 
 * stating the time, place and objects of the meeting, at least 
 
 V'-five days before the time appointed therefor. 
 
 As amended by Chapter 63, Laws of 1883, 
 
 Sectiox 52;5. The members of the board, a majority of 
 whom shall constitute a quorum, assembled at the first and 
 ^ each succeeding annual meeting, shall elect from their num- 
 ' .'^ ber a president and a vice-president; also a secretary who 
 ' y may or may not be one of their number, but who shall be a 
 L\ re':ideut of the town to which the board belongs, Such'sec- 
 f\ retary shall receive a compensation for services rendered at 
 ' ■ not less than two nor more than three dollars per day, and 
 he shall present a statement of his services rendered at the 
 annual meeting of the board. Vacancies in either of the 
 offices herein provided for may be filled at any special meet- 
 ing of the board, the notice for which shall state the object 
 of the meeting to be to fill the vacansy existing, and per- 
 sons elected to fill any vacancy shall hold the office for the 
 remainder of the unexpired term. 
 
 Section 524. The board of each town shall have power, 
 to purchase or hire [sites], houses and rooms for the use oi 
 schools, and to fence and improve the same, as they may 
 deem pi^oper, and upon such sites to build, enlarge, alter, im- 
 5>$ prove and repair school-houses, out-houses, or any other 
 liuilding for school purposes, as they may deem advisable; 
 and also, whenever in the opinion of the i3oard any school- 
 house or school-house site is no longer needed for school 
 purposes, the same may be sold and conveyed in the cor- 
 porate name of the board, such conveyance to be executed 
 by the president and secretary of the board. 
 
 Section 525. Said board shall, at the regular meeting in 
 ^[arch, estimate and determine the amount of money which 
 will be necessary for the support of schools, and for the 
 building and repairing of school-houses, in the town for the 
 year ensuing. 
 
 H 
 
 >C 
 
\ 
 
 142 
 
 Section 536. Said board shall establish and maintain 
 such and so many schools in the several subdistricts under 
 their charge as they may deem requisite and expedient; 
 provided, that there shall be at least one common school in 
 each subdistrict, and that all such schools shall be kept each 
 year not less than five months. The board shall have, in all 
 respects the supervision and management of all the schools, 
 with full power to adopt, enforce, modify, and repeal, from 
 time to time, all rules and regulations not inconsistent with 
 the laws of this state, necessary for their organization, 
 gradation, and control, and for the instruction given by 
 them in the different branches of education taught therein, 
 and to establish and enforce proper penalties for the viola- 
 tion of such rules. 
 
 Section 527. All powers conferred upon district boards 
 by the provisions of this chapter, excepting those the exer- 
 cise of which would conflict with the provisions of law rela- 
 tive to the township system, are hereby conferred upon the 
 town boards of directors herein provided for. 
 
 Section 528. The president, vice-president, and secretary 
 of the town board of directors shall constitute an executive 
 committee, who shall carry out, put in force, and execute all 
 orders of the board; and for this purpose, ail power and au- 
 thority vested in such board shall be deemed vested in the 
 executive committee; and any duty devolved upon the said 
 board shall devolve upon the executive committee; but all 
 the acts of the executive committee shall be subject to 
 review by the board at any regular meeting thereof. 
 
 Section 529. The executive committee shall employ so 
 many qualified teachers as they shall deem necessary to 
 giveinstruction in all the schools under the charge of the 
 board. Each contract shall be in writing, shall be signed by 
 the teacher and by the president and secretary, and shall 
 specify the wages per week, month, or year, agreed upon 
 by the parties. 
 
 Section 530. The secretary shall record all the proceedr 
 ings of the board; he shall keep an accurate and specific 
 account of all expenses incurred by the board including a 
 list of all orders drawn by him, with the date, amount, per- 
 son in whose favor, and object for which each order was 
 issued; he shall properly file all papers deposited with him 
 in accordance with law. and shall keep and preserve all 
 books, papers, and records belonging to his office, and deliver 
 the sanie to his successor. 
 
 Section 531. He shall make and keep in his office an 
 accurate map of his town, showing the boundaries of all 
 subdistricts and joint subdistricts, the location of all school- 
 houses and highways therein. When a new subdistrict is 
 formed by the board of directors, or one is altered, he shall, 
 within tea days thereafter, certify to the clerk of each sub- 
 district affected by such formation or alteration, a copy in 
 writing of the record of the action of the board in the matter. 
 
143 
 
 Section 532. He shall have the immediate charge and 
 supervision of all the schools in the town, and shall, under 
 the direction of the board, organize and grade them, and 
 assist the several teachers thereof in classifying and arang- 
 ing them. He shall visit each school in his town at least 
 twice during each term thereof: shall examine into its con- 
 dition and progress, consult with and advise the teachers in 
 regard to the methods of instruction and government, and 
 shall report to the board from time to time such improve- 
 ments as his experience shall dictate are calculated to ben- 
 efit the school. 
 
 Section 533. He shall draw orders on the town treasurer 
 for money in the hands of such treasurer, which have been 
 apportioned to the town, and for money collected or received 
 by him from other sources for school purposes, for the pay- 
 ment of teachers' wages, the purchase of school-house sites, 
 the building, buying, hiring, repairing, and furnishing of 
 school-houses, and for all other lawful purposes, and each 
 order shall designate the object for which and the fund upon 
 which it was drawn, and shall be countersigned by the 
 president. 
 
 Section 534. It shall be the duty of the secretary, at least 
 five days before the annual town meeting or election, each 
 year to make to the board of supervisors of the town a 
 written statement, showing the receipts of money for school 
 purposes from all sources, and the disbursements of the 
 same, during the year ending on the third Monday of 
 March, in which statement shall be given under separate 
 heads: 
 
 1. The amount in the treasury at the beginning of the 
 year. 
 
 2. Amount received from the state fund. 
 
 3. Amount collected by town treasurer. 
 
 4. Amoimt received from all other sources. 
 
 5. The manner in which such sums have been expended, 
 specifying the amount paid under each head of expenditure. 
 
 G. Amount remaining in the treasury. 
 
 7. Amount of indebtedness of the township district, and 
 when and how payable. 
 
 The secretary shall accompany the above statement with 
 estimates of the board of the amount necessary for the sup- 
 port of schools during the ensuing year, specifying the sums 
 needed, under the following heads: 
 
 1. Amount for teachers' wages. 
 
 2. Amount for school-house sites, and for building, hiring, 
 or purchasing school-houses. 
 
 3. Amount for fuel. 
 
 4. Amount for incidental expenses, including repairs, 
 maps, globes, charts, and for all needful school room appur- 
 tenances. 
 
 5. An amount not to exceed one hundred dollars to pur- 
 chase library books. 
 
 f- 
 
144 
 
 --<•; 
 
 Section 535, It shall be the duty of the town board of, 
 each town in the state to present the statements and esti- 
 mates above mentioned to the electors of the town at the 
 annual town meeting or election, and the items of said esti- 
 mates shall be passed upon separately by a vote of the elec- 
 tors present; but upon motion they may be increased or 
 diminished; and if, for any reason, money for the support 
 of schools shall not be voted at the annual town meeting, 
 or a sufficient amount shall not then be voted, the supervis- 
 ors shall present the estimates before meationed to the elec- 
 tors, at the general election in the fall, for a vote thereon. 
 
 Section 536. The secretary shall furnish school registers 
 in the form prescribed by the state superintendent, in which 
 every teacher in the town shall be required to enter the 
 names, ages and studies of all the scholars attending school, 
 and daily, their attendance and absence, which register shall 
 be deposited with the clerk of the subdistrict at the end of 
 each term of school. 
 
 As amended by Chapter 73, Laws cf 1882. 
 
 Section 537. It shall be the duty of the secretary, on or be- 
 fore the fifteenth day of August in each year, to make and 
 transmit to the county superintendent a report in writing, 
 bearing date on the fifteenth day of August, in the year of 
 its transmission, stating: 
 
 1. The whole number of subdistricts, and parts of subdis- 
 tricts, separately set off within the town. 
 
 2. The length of time a school shall have been taught in 
 each of said subdistricts or parts of districts. 
 
 3. The number of children taught in each, and the number 
 of children over the age of four, and under the age of 
 twenty years residing in each. 
 
 4. The whole amount of money received in the town for 
 school purposes, since the date of the last preceding report, 
 setting forth separately the amount received from the state , 
 through the county treasurer, the amount levied by the 
 county board, and the amount raised by the to wn at its an- 
 nual town meeting or general election. 
 
 5. The manner in which said money has been expended, 
 and whether any or what part remains unexpended, with 
 such other information as the state superintendent may 
 from time to time require. 
 
 Section 538. The town clerk shall assess all sums voted at 
 the annual meeting, or at the general election, for the sup- 
 port of schools, upon the real and personal property of the 
 town, as found in the assessment roll for the year in which 
 sa^d money is voted, and the sums so assessed shall in all 
 respects be collected or returned delinquent like other taxes, 
 and when collected, the money shall be held by the treas- 
 urer, and by him paid out on the order of the president and 
 secretary of said board. 
 
145 
 
 Section 530. If for any reason the electors of a town 
 shall fail to vole an amount of money sufficient to maintain 
 a school in each subdistrict for the term of five months, dur- 
 ing- the year ensuing, the secretary shall, on or before the 
 -lourth Monday of November of the year in which the elec- 
 tors shall fail to vote as aforesaid, certify to the town clerk 
 the amount estimated by the board of directors, necessary 
 for teachers' wages, fuel, repair of school-houses, and inci- 
 dental expenses, and the town clerk shall assess the aggre- 
 gate sum thus certified, upon all the taxable property of the 
 town, in the assessment roll for that year, and tlie town 
 treasurer shall collect the same as other taxes. 
 
 The certificate of the secretary to the town clerk should be 
 made on or before the third Monday in November. See 
 section 473. 
 
 Sectiox 540. The town treasurer of each town shall ap- 
 ply for and receive from the treasurer of his county all 
 money apportioned for common schools in his town and pay 
 out the same, together with all money collected or received 
 by him for school purposes, upon the order of the president 
 and secretary of the town board of directors. 
 
 Section 541. The annual meeting of each subdistrict shall 
 be held on the last Monday in September in each year. The 
 time of such meeting shall be seven o'clock in the after- 
 noon. 
 
 Section 542. The inhabitants qualified by law to vote at 
 a subdistrict meeting when assembled in annual meeting, 
 shall have power, and it shall be their duty: 
 
 1. To appoint a chairman for the time being. 
 
 2. To appoint a secretary if the district clerk shall be ab- 
 sent. 
 
 3. To choose a clerk. 
 
 4. To recommend to the town board of directors the num- 
 ber of months they desire to have school maintained in their 
 subdistrict the ensuing year, and whether they desire a 
 male or female teacher; the improvements and repairs 
 which ought to be made on the school-house, outhouse, and 
 grounds; what maps and charts or other aids in teaching 
 should be furnished, and generally any thing, matter, or 
 plan, which in their judgment, will advance the cause of 
 education and benefit the school of their subdistrict. 
 
 Section 543. The clerk shall record the proceedings of 
 all district meetings; shall certify to the town board of 
 directors any recommendations adopted by the electors of 
 his subdistrict, in accordance with the provisions of the 
 preceding section, and shall have charge of the school-house, 
 and of all property therein or belonging or attached thereto, 
 subject to the order or direction of the board of directors. 
 
 Section 544. He shall be a member of the board of direc- 
 10— S. C. 
 
 ^ 
 
n> 
 
 146 
 
 tors, shall attend all meetings of the board, and shall carry- 
 out all lawful orders of the same having reference to the 
 school-house of his district, or the school maintained therein. w,^^ 
 
 Section 545, He shall give at least six days' notice of i 
 every annual meeting of the electors of his subdistrict, by ' 
 posting notices therefor in four or more public places in the 
 subdistrict, one of which notices shall be affixed to the 
 outer door of the school-house; and he shall act as secretary 
 of all meetings when presehf. 
 
 Section 546, When a new subdistrict is formed, or a 
 vacancy occurs in the office of the subdistrict clerk, the 
 executive committee of the board of directors shall appoint 
 a clerk, who shall hold his office until the annual meeting of 
 the subdistrict succeeding such appointment. 
 
 Section 547, When a subdistrict is composed of parts of 
 two or more towns, the board of directors of the town in 
 which the school-house is situated, shall have the entire con- 
 trol of said subdistrict, and shall maintain school therein as 
 in other subdistricts; and the clerk of such joint subdistrict 
 shall be a member of the board of directors of said town. At 
 the annual meeting in October, the board of directors shall 
 calculate and determine the cost of maintaining the schools 
 in said joint subdistrict, for the year ending at the close of 
 the term preceding the meeting of the board, and the secre- 
 tary shall certify such amount to the secretary of the board 
 of each town, embraced in part in such joint subdistrict, 
 together with the assessed valuation of said subdistrict, and 
 each part thereof, as found in the assessment roll of the said 
 town for that year; on the receipt of such certificate, the 
 secretary of the board of directors of each of said towns 
 shall draw an order on the treasurer of his town, in favor of 
 the town in which the school-house of said joint subdistrict 
 is situated, for such a proportion of the whole cost of main- 
 taining said school as aforesaid, as the assessed value of the 
 property of his town, embraced in said joint subdistrict, is to 
 the whole valuation thereof; unless the prox-)ortion of such 
 school-district taxes to be assessed in each such town shall 
 have been ascertained, as provided in section four hundred 
 and seventy-one, in which case he shall draw his order for 
 such proportion; and said order shall be paid out of any 
 money in the hands of said treasurer, collected or received 
 by him for the support of schools in his town. 
 
 Section 548, In case either of the towns embraced in 
 part in said joint subdistrict shall not have adopted the 
 township system of school government, the certificate be- 
 fore mentioned shall be made to the clerk of said subdistrict, 
 and it shall be his duty to incorporate the proportional sum 
 mentioned in the preceding section, in the returns of district 
 taxes made by him to the town clerk of the town not having 
 adopted such system, on the fourth [third] Monday of 
 November succeeding the receipt of said certificate; and the 
 said sum shall be assessed and collected with the other taxes 
 
U7 
 
 of that part of the joint subdistrict, and shall be paid over 
 by the town treasurer collecting the same, to the treasurer 
 of the town in which the school-house of said joint subdis- 
 trict is situated. 
 
 Section 54!). When the school-house of a joint subdis- 
 trict is situated in a town "which has not adopted the town- 
 ship system of school government, the taxes for the sup- 
 port of schools shall be raised, assessed, and collected as 
 provided in this chapter; but if any portion of said joint 
 subdistrict shall be embraced in a township which has 
 adopted the town system, then the proportion of any dis- 
 trict tax, which should be assessed upon the property of 
 such part of said subdistrict, shall be certified by the town 
 clerk of the town in which the school-house of said subdis- 
 trict is situated, to the secretary of the town board of direc- 
 tors of the town comprising the part of the said joint sub- 
 district before -mentioned; and said secretary shall draw an 
 order upon the town treasurer of his town in favor of the 
 treasurer of the joint subdistrict for the amount of tax thus 
 certified; and the said town treasurer shall pay the same 
 out of any money held or received by him for school pur- 
 poses. 
 
 Section 550. Prior to the erection of any school-house by 
 the board of directors, they shall estimate and determine 
 the valuation of all the school-houses and sites in their town, 
 and, when so determined, the secretary shall place upon 
 record a tabular statement, containing the number of each 
 subdistrict, the value of its school-house and site, and the 
 valuation of its taxable property as appears from the last 
 assessment roll of the town ; and thereafter, for a period of 
 ten years from the date of the meeting at which such de- 
 termination of values was had, when a tax shall be voted 
 to build a school-house or purchase a site, such tax shall be 
 so distributed and assessed upon the several subdistricts, 
 that those having the least amount invested in school-houses 
 and sites in proportion to the assessed valuation of their 
 property, as appears from the record made at the time of 
 the determination of values aforesaid, shall pay most toward 
 said tax in proportion to the valuation of the property at 
 the time the tax is assessed, in order that the sums paid by 
 the different subdistricts in the town for the purchase of 
 sites and the erection of school-houses shall be equalized; 
 but if the board of directors of any town shall decide that 
 taxes for the purchase of sites and the erection of school- 
 houses shall be assessed equally upon property, then the 
 aforesaid provision in reference to equalizing such taxes 
 shall not be operative in such town. 
 
 Section 551. Whenever the territory of a school-district 
 of an incorporated village shall extend beyond the limits of 
 such village, the whole of such territory shall remain in 
 such district, and form a part thereof until detached by 
 authority of law; and such district and every village con- 
 
148 
 
 taining a graded school of three or more departments shall 
 be exempt from the provisions of this chapter relating to 
 the township system, except as hereinafter provided. 
 
 Section 552, The legal voters of any town in the state 
 may at any annual town meeting, or at any general election, 
 vote upon the question of township school government. 
 Such voting shall be by ballot, and the ballots used shall 
 have written or printed thereon the words, "township school 
 government, yes;" or the words, "township school govern- 
 ment, no." A separate box shall be provided for the recep- 
 tion of said ballots, and the votes cast shall be counted, can- 
 vassed, and a record thereof made, as in case of other 
 votes cast at such election; and if it shall appear that a 
 majority of the ballots cast have ww-tfeis thereon the words, 
 "township school government, yes," then the provisions of 
 this chapter, providing for the township system, shall immedi- 
 ately become operative in such town; otherwise they shall 
 have no force or effect therein. No vote shall be taken on 
 the question of township school government in pursuance of 
 this chapter unless notice thereof shall be given as herein- 
 after provided. The town clerk of any town, upon the peti- 
 tion in writing of any ten electors of said town, shall publish, 
 by posting in three of the most public places in said town, a 
 notice in writing that the question of township school govern- 
 ment will be submitted to the electors of said town at the 
 ensuing annual town meeting or general election. Such 
 notice shall be so published and posted at least ten days before 
 the holding of any such town meeting or election; and any 
 town having adopted the township school government ac- 
 cording to the provisions of this chapter, may abolish the 
 same at any town meeting or general election, in the same 
 manner as provided for its adoption in this section; but when 
 the system of township school government shall be adopted, 
 it shall continue in force two years from the date of its 
 adoption, before the question of abolishing it shall be acted 
 upon. Whenever the electors of any incorporated village, 
 having a graded school with three or more departments, 
 shall desire to adopt the township system of schools, they 
 may vote upon the question at any charter or general elec- 
 tion held in such village; such vote shall be by ballot of the 
 form above described, and upon like notice, and if a majority 
 of the votes cast upon that subject shall be in favor of the 
 adoption of said system, then such village shall become a 
 part of the township system of the town in which the same 
 is situated. 
 
 Section 553. Whenever any school-district in any town, 
 adopting the township pystem, shall be indebted at the time 
 of such adoption upon a loan from the state, or otherwise, 
 such district shall remain liable for the payment of such in- 
 debtedness, and no alteration of the boundaries of such dis- 
 trict as a subdistrict in such town shall ever be made until 
 such debt is fully paid, except as is provided in section two 
 
140 
 
 hundred and sixty-three. The clerk of such suhdistrict shall 
 annuall}^ certify to the town clerk the sum necessary to be 
 raised as taxes in such suhdistrict for the payment of such 
 indebtedness, with interest thereon in the same manner and 
 with like effect, as the clerk of such district was required by 
 law to certify the same, and the town clerk shall extend the 
 amount of such taxes upon the tax roll, upon the taxable 
 property of such suhdistrict, in like manner as if the same 
 had been certified by the clerk of such district; and the same 
 shall be collected by the town treasurer and be applied by 
 him exclusively to the payment of such debt. 
 
 Chapter 204, Lcm-s of 1885. 
 
 Section 1. Whenever any town in this state shall have 
 attempted to adopt the township system of school govern- 
 ment, under and pursuant to section 552 of the revised stat- 
 utes of 1878, the validity of any and all taxes for school 
 purposes heretofore or hereafter levied and assessed in any 
 such town, shall not be questioned in any action or proceed- 
 ing heretofore or hereafter commenced, so far as the regu- 
 larity of the proceedings of any such town, in the adoption 
 of such township system of school government is concerned, 
 unless the plaintiff shall show that he would be required to 
 pav more than his equitable proportion of taxes; and any 
 and all school taxes heretofore levied in any such towns 
 which have been voted at the annual town meeting, are 
 hereby declared to be legal and valid, even though the pro- 
 visions of section 535, of the revised statutes of 1878, shall 
 not have been in all respects complied with. 
 
 Chapter 854, Laics of 1885. 
 
 Section 1. The board of school directors of any town in 
 which the township system of schools exists may borrow 
 money from the trust fund of the state for the purpose of 
 buiklfng school house or school houses, and the commis- 
 sioner of the public lands are hereby authorized to loan 
 mone}' from the trust funds of the state to the board of 
 school directors of any town in which the township system 
 of schools exists upon their compliance with the following 
 rules and regulations: 
 
 1st. If at an unnual meeting of the electors of such tov/n 
 a resolution shall be voted on by ballot and adopted, author- 
 izing the said town board of school directors to make appli- 
 cation to the commissioners of the public lands therefor, 
 stating the amount to be borrowed, and the time of pay- 
 ment. 
 
 2d. Such authorization may be given such town board of 
 school directors by a special meeting of such electors called 
 in the same mai^per as special town meetings are provided 
 to be called by the revised statutes. 
 
130 
 
 Section 3. After such authorization shall be given, the 
 whole matter of such loan, both as to amounts and time of 
 payment, as well as all other matters pertaining to same, 
 shall be governed and controlled by the general law govern- 
 ing loans from the trust funds of the state to school districts, 
 found in sections 261, .<!62 and 363 of the revised statutes, 
 except that the application shall be made and signed by the 
 president, vice president and secretary of such board, and 
 the notes given as evidence of such debt shall be signed by 
 the same three officers. The town treasurer shall receive 
 and receipt for the moneys received on such loan, and pay it 
 out as other moneys belonging to such township district for 
 the purposes as provided for in section one of this act. 
 
 Not many towns have as yet made trial of the system 
 provided for in the preceding sections. There is a natural 
 hesitation in changing from the methods of school manage- 
 ment with which people are familiar, to others that are new 
 to them. It will be seen that section 553 provides that any 
 town which adopts the system and is not satisfied with it, 
 can return to the old one, but not till after a trial of two 
 years. With a little patience, however, and a willingness to 
 consider the general good rather than local advantage, the 
 town organization will be found much better than the plan 
 of single, independent districts. 
 
 The advantages of the system may be briefly restated, at 
 this time, under the following heads: 
 
 1. It would promote economy and simplicity. A town 
 with ten districts, not an unusual number, requires the ser- 
 vices of thirty school officers, besides those of the town 
 clerk, the town treasurer, and the town board, in the admin- 
 istration of school affairs. A board of five directors, with 
 the town treasurer, would do all the business more intelli- 
 gently, more efficiently, and at much less expense. 
 
 2. It would aid in securing peace and quiet. As shown by 
 numerous appeals taken to the state superintendent, and by 
 the correspondence of the office, there are constant disputes 
 about district boundaries, the lawfulness of the action of 
 district meetings or district boards, to the great detriment 
 of the schools. Under the consolidated system, this trouble 
 would mostly disappear. Each voter would have, as now, a 
 voice in the election of the school officers, and in the deter- 
 
151 
 
 mination of the school policy. Each tax-payer would pay 
 his school taxes for the general good, and be allowed to send 
 to the most convenient and appropriate school. 
 
 3. School taxes would be uniform and equitable. Public 
 schools are for the public good, and should be supported at 
 the public charge. A state school tax, suiDplementing the 
 income of the school fund, would leave the local taxation 
 lighter, and the burden of sustaining the schools would be 
 still further equalized. 
 
 4. The schools would also be much more uniform, and of 
 better average quality. At present, we find an excellent 
 school, perhaps, in one district, and in the next a poor one; 
 chiefly, sometimes, because the people are poor. But the 
 state cannot afford to tolerate poor schools. 
 
 5. Graded schools are generally out of the question, under 
 the present system. Under a town system, they could .be 
 much more readily introduced, as increase of population 
 and the advancement of pupils might render it desirable. 
 A considerable number of towns could at once establish a 
 central school of higher grade, open to all pupils of sufficient 
 advancement. This would, in effect, grade the other schools. 
 Some advantages, beyond those of elementary instruction, 
 would thus be attainable, more especially in towns embrac- 
 ing villages. 
 
 G. A course of study could be much more readily intro- 
 duced, and made uniform, if desired, for the county. 
 
 7. Text-books and apparatus could be uniformly and ade- 
 quately supplied, and at reasonable rates. 
 
 8. Teachers would be employed for their fitness, and 
 longer retained, and would do far better work. A superior 
 teacher would naturally be secured for the central school of 
 highest grade, if established, \vho would diffuse correct 
 methods of teaching through all the schools. 
 
 0. Supervision, now almost a nullity, would be exercised 
 by such head teacher, or by the secretary of the town board; 
 and the general care of the schools on the part of the county 
 superintendent, would be properly supplemented. 
 
 10. School-houses would be better, and better located, the 
 
152 
 
 law providing, as it does now, for the equalization of cost, 
 for a series of years. 
 
 11. Town libraries would naturally and readily connect 
 themselves with a town system of schools, greatly to the 
 public benefit. 
 
 ly. Statistics would be uniform, reliable, and o£ some 
 value. 
 
 No human system is perfect. The school system here 
 advocated', opens possibilities, nevertheless, which cannot be 
 realized under the present one, except in rare cases. It 
 would certainly render it practicable to make the bulk of 
 the country schools much better than they now are. The 
 town system, as distinguished from the single district sys- 
 tem, is in fact the original school system of our country. 
 This subject is discussed in the report of the state superin- 
 tendent for 1879. The system should, therefore, be enacted 
 into law, without much longer delay. The present permis- 
 sive law was intended as an experiment. Though well 
 devised, in the main, it retains too much of the present sys- 
 tem, and should be carefully recast. The general law 
 requiring all school districts to maintain school at least five 
 months annually, has been amended so as to require six 
 months, instead of five. Although not specifically mention- 
 ing districts under the township system, a fair construction 
 of the amended law will include these also in the require- 
 ment. 
 
 XVI. OF THE DISTRIBUTION OF THE SCHOOL 
 FUND INCOME. 
 
 Chapter 2Q, Revised Statutes, as amended hy Chapter 134, Laws of 1885. 
 
 Section 554. The school fund income which shall have 
 been received up to and including the first day of June, shall 
 be apportioned by the state superintendent between the 
 tenth and fifteenth days of June, in each year. Such appor- 
 tionment shall be made among the several counties, and the 
 several towns, specially incorporated villages, and cities in 
 each county, according to the number of .children in each 
 over the the age of four and under the age of twenty years, 
 as shown by the reports made to the state superintendent 
 during the year preceding; but no apportionment shall be 
 
/unless xne^town 
 or village boaru or common councn or such city so failing 
 shall have transferred, as they are hereby authorized to do, 
 from the general fund to the school fund of the town, village, 
 or city for such purpose, the amount of deficit in such 
 school tax, and tho town, village, or city clerk shall have 
 filed with the state superintendent his certificate showing 
 such transfer to the school fund, and his apportionment 
 thereof to the proper school-districts, or transfer to the board 
 of education, before the tenth day of June; and no 
 apportionment shall be made to any city, village, or town for 
 any school-district therein, for any year during wlijch such 
 district shall not have maintained a common school, taught 
 by a qualified 'teacher, for six months, unless the state super- 
 intendent shall be satisfied that school was so taught for 
 three months, rnd the failure to maintain it for the full six 
 months was occasioned by some extraordinary cause, and 
 not arising: from neglect or intent to avoid the legal obliga- 
 tion; nor to any town, village, or city, nor for any school- 
 district, reports of which as required by law shall not have 
 been made and transmitted during the preceding year 
 to the state superintendent: nor to any city for any year, 
 the report for which shall not show that the number of 
 children between the ages aforesaid residing therein, has 
 been ascertained by an actual census taken under the direc- 
 tion of the board of education, or other body having the 
 government of common schools therein, by their clerk or 
 persons of their appointment for that purpose. Whenever 
 a certified statement of the county clerk of any county, 
 made to the state superintendent, shall not show that the 
 amount required by law to be raised for school purposes has 
 been directed to be raised during the year by the county 
 board, the amount of the school fund income otherwise 
 apportionable to such county shall be withheld and added to 
 the capital of the school fund. 
 
 Chapter 287, Laics of 1885. 
 
 AN ACT to ■ provide for a more efficient common school 
 
 income. 
 
 Section 1. There shall be levied and collected annually, 
 a state tax of one mill for each dollar of the assessed valua- 
 tion of the taxable property of the state, which amount, 
 when so levied and collected, is appropriated to the common 
 school fund income, and shall be disbursed in the same man- 
 ner and under the same conditions and restrictions required 
 by law for the disbursement of the common school fund in- 
 come. 
 
s ourec .vm jjiod\ 
 
 derived from the income of the scliool fund. The first ap- 
 portionment under this act will be made in June, 1886, of 
 the money derived from the tax levied in 1885, The amount 
 received from this source must be considered by county 
 boards of supervisors in determining the amount to be raised 
 by each town, city and village, as a county school tax, and 
 the tax thus levied must be equal to the amount received 
 from the school fund income and this state tax together; as 
 this amount derived from the tax is to be disbursed in the 
 same manner and under the same conditions and restrictions 
 now prescribed by law for the disbursement of the school 
 fund income. 
 
 Under section 1074, of the revised statutes, the county 
 board is required to levy a tax upon each town for the sup- 
 port of common schools therein the ensuing year, which 
 shall not be less than the amount apportioned to such town 
 in the last apportionment of the income of the scht)ol fund. 
 In case of new towns where no apportionment was made to 
 such new town by the county board, then the tax levied by 
 the town should be proportionate to that levied upon the 
 other towns. 
 
 If by any mistake or oversight an amount less than that 
 last apportioned is levied upon any town, the town board is 
 authorized, under the foregoing section, to transfer the de- 
 ficiency from the general fund to the school fund of the 
 town, and the town clerk will certify to the state superin- 
 tendent that the transfer has been made, and that the 
 money has been properly apportioned. The town is then 
 entitled to receive its share of the income of the school fund. 
 But under section ]075, th« deficiency in the tax is to be 
 added to the school tax levied the ensuing year. 
 
 Formerly the legislature, by special acts, authorized the 
 apporbionmant of school money to districts which had been 
 prevented from maintaining five months' school, in conse- 
 quence of the burning of the school-house, the prevalence 
 of an epidemic disease, or any similar extraordinary cause. 
 
^if 
 
 155 
 
 there had been as much as three months' school, and the 
 general law is to be interoreted in the same spirit. 
 
 Section'55o. The state superintendent shall certify the ap- 
 portionment made as aforesaid to the secretary of state, and 
 shall immediately give notice thereof to each county clerk 
 and county treasurer, stating the amount apportioned to his 
 county, and to each town, village and city therein. Upon 
 receiving such apportionment, the secretary of state shall 
 draw his warrant upon the state treasurer, payable to the 
 proper county treasurer, for the total amount apportioned 
 each county. 
 
 Section 550. Whenever any officer shall omit to make, 
 within the time fixed, any statement or report required to be 
 made to the state superintendent, he shall notify such offi- 
 cer by mail or otherwise, of such omission, but the failure 
 of the state superintendent so to do shall in no manner affect 
 the consequences of such omissior. If, at any time within 
 two years after an apportionment, in which any town, vil- 
 lage, city or school-district was excluded upon any ground 
 mentioned in section five hundred and fifty-four, satisfac- 
 tory evidence shall be filed with the state superintendent that 
 such exclusion was due to some mistake or omission of some 
 officer, and that such town, village, city or school-district was 
 legally entitled to have shared in such apportionment, the 
 state superintendent shall certify such facts, and the 
 amount justly apportionable thereto to the secretary of state, 
 and notify the county clerk and treasurer of the proper 
 county thereof. The secretary of state shall draw his war- 
 rant therefor, and the money shall be paid from the school 
 fund income for the use of such town, village, city or school- 
 district, as if originally apportioned. 
 
 Section 557. Each county treasurer shall apply for and re- 
 ceive the school money due his county as soon as apportioned, 
 and shall immediately give notice in writing of the amount 
 apportioned to each town, village, and city in his county to the 
 treasurer and clerk thereof, respectively, and shall pay the 
 same to each such treasurer on dem.and, who shall pay 
 the same to the proper school treasurer, as provided by law. 
 If any such town, village, or city treasurer shall not de- 
 mand SLich money before the next receipt of school money 
 apportioned to such county, the county treasurer shall add 
 such sum remaining in his hands to 'he money so next re- 
 ceived, and distribute the same therewith and in the same 
 proportion among the several towns, villages, and cities en- 
 titled thereto in such county. 
 
 Section 55«. The town clerk shall apportion all school 
 money received from the state, and also all raised by the 
 town, among the several districts and parts of districts 
 within the town, in proportion to the number of children 
 between the ages of four and twenty years, resi(^ing in each, 
 
156 
 
 taking such number 'from ihe last annual reports of their 
 respective clerks. But if after the date of such reports any 
 district shall have been altered or a new one formed, so as 
 to render an apportionment founded on such annual reports 
 unjust between any districts, the town clerk shall ascertain 
 the number of such children by the best evidence within 
 his reach. No money shall be apportioned to any district 
 or part of a district unless the last annual report thereof, 
 verified by the affidavit of the district clerk, shall show that 
 all school money received from the state during the year 
 ending with the date of such report, has been applied to the 
 payment of the wages of a legally qualified teacher, and 
 that a school has been taught in such district by such a 
 teacher for at least five months during the year ending with 
 the date of such report; but any time which such report 
 shall show was spent by such teacher in attendance on an 
 institute in the county, and given by the district board with- 
 out deduction from, such teacher's wages therefor, shall be 
 included as part of su.ch five months. 
 
 Section 5§^ All money apportioned by the town clerk to 
 any district or part of a district, which shall have remained 
 in the hands ^ the town treasurer for one year after such 
 apportionment, by reason of such district or part of district 
 neglecting or refusing to receive the same, shall be added to 
 the money next thereafter to be apportioned by such town 
 clerk to the several districts and parts of districts in such 
 town, and apportioned therewith. 
 
 Section 560. Vn reckoning school months, twenty days, as 
 specified in section four hundred and fifty-nine, shall consti- 
 tute a month, and* one hundred days five months. 
 
 It is to be carefully noted that all moneys apportioned by 
 the town clerk, must be apportioned according to the num- 
 ber of persons over four and under twenty years of age 
 residing in the several districts and parts of districts of his 
 town, in which school has been maintained the required 
 number of months during the past year. Money must not 
 be apportioned to any district that does not furnish the evi- 
 dence required by section 558: 
 
 1. That a school has been taught therein. 
 
 2. That the teacher thereof was duly qualified. 
 
 o. That the school was maintained the required number of 
 months during the year, and, 
 
 4. That an amount equal to that received from the income 
 of the school fund, has been applied to the payment of 
 teachers' wages. 
 
 By chapter 124, laws of 1885, sections 430, 437, and 554 of 
 
157 
 
 the revised statutes were so amended that each district is 
 required now to maintain six months school each year. 
 While this section was not amended specifically in terms, 
 yet, the fair interpretation of the laws taken together, will 
 require town clerks to withhold apportionment of county 
 school tax to districts which do not maintain six months' 
 school during the year. This section merely prescribes that 
 no apportionment of this fund shall be made to districts 
 which do not maintain at least five months' school during 
 the year. 
 
 Xo new district is entitled to any public money until it 
 shall have had five months' school; but, if an alteration of 
 a district be made, and a new district be formed as the result 
 of such alteration, between the time of making the annual 
 report and the time for making the next apportionment, the 
 money drawn on account of the pupils thus set off from a 
 district, after being reported as pupils of that district, must 
 be paid to the district in which such pupils are found. 
 
 Public money of any kind remaining in the hands of the 
 town treasurer for one year after having been apportioned 
 by the town clerk, must be added to the amount to be ap- 
 portioned for the next year. 
 
 XVII. OF THE UNIVERSITY. 
 {Chapter 25, Revised Statutes.] 
 
 Section 377. _ There is established in this state, at the city 
 of Madison, an institution of learning by the name and style 
 of '• The University of Wisconsin." 
 
 Section 378. The government of the university shall vest 
 in a board of regents, to consist of eleven members, one from 
 each congressional district of the state, and two from the 
 state at large, to be appointed by the governor; and the state 
 superintendent shall, during his term of office, be a member 
 of said board. The term of office of said regents shall be 
 three years from the first Monday in February in the year 
 in which appointed, unless sooner removed by the governor; 
 but appointments to fill vacancies, before the expiration of 
 a term, shall be for the residue of the term only. 
 
 Section '470. The board of regents and their successors in 
 office, shall constitute a body corporate, by the name of 
 " the regents of the university of Wisconsin," and shall pos- 
 sess all the powers necessary or convenient to accomplish 
 
168 
 
 the objects and perform the duties prescribed by law, and 
 shall have the custody of the books, records, buildings, and 
 all other property of said university. The board shall elect 
 a president and a secretary, who shall perform such duties 
 as may be prescribed by the by-laws of the board. The 
 secretary shall keep a faithful record of all the transactions 
 of the board, and of the executive committee thereof. The 
 state treasurer shall be the treasurer of the board, and per- 
 form all the duties of such office, subject to such regulations 
 as the board may adopt, not inconsistent with his official 
 duties, and he and his sureties shall be liable, on his official 
 bond as state treasurer, for the faithful discharge of such 
 duties. 
 
 Section 380. The time for the election of the president 
 and secretary of said board, and the duration of their respec- 
 tive terras of office, and the times for holding the regular 
 annual meeting, and such other meetings as may be re- 
 quired, and the manner of notifying the same, shall be 
 determined by the by-laws of the board. A majority of the 
 board shall constitute a quorum for the transaction of busi- 
 ness, but a less number may adjourn from time to time. 
 
 Section 381. The board of regents shall enact laws for 
 the government of the university in all its branches; elect a 
 president and the requisite number of professors, instruc- 
 tors, officers and employes, and fix the salaries and the term 
 of office of each, and determine the moral and educational 
 qualifications of applicants for admission to the various 
 courses of instruction; but no instruction, either sectarian 
 in religion or partizan in politics, shall ever be allowed in any 
 department of the university; and no sectarian or partisan 
 test shall ever be allowed or exercised in the appointment of 
 regents, or in the election of professors, teachers, or other 
 officers of the university, or in the admission of students 
 thereto, or for any purpose whatever. The board of regents 
 shall have power to remove the president or any professor, 
 instructor, or officer of the university, when, in their judg- 
 ment, the interests of the university require it. The board 
 may prescribe rules and regulations for the management of 
 the libraries, cabinet, museum, laboratories, and all other 
 property of the university, and of its several departments, and 
 for the care and preservation thereof, with penalties and 
 forfeitures, bv way of damages, for their violation; which 
 may be sued for and collected in the name of the board, 
 before any court having jurisdiction of such action. 
 
 Section 382. The board of regents are authorized to ex- 
 pend such portion of the income of the university fund as 
 they may deem expedient for the erection of suitable build- 
 ings, and the purchase of apparatus, a library, cabinets and 
 additions thereto; and, if they deem it expedient, may 
 ^receive, in connection with the university, any college in 
 this state, upon application of its board of trustees; and 
 
159 
 
 such college, so received, shall become a branch of the uni- 
 versity, and be subject to the visitation of the regents. 
 
 Section 383. At the close of each fiscal year, the regents, 
 through their president, shall make a report in detail to the 
 governor, exhibiting the progress, condition, and wants of 
 each of the colleges embraced in the university, the course 
 of study in each, the number of professors and students, 
 the amount of receipts and disbursements, together with the 
 nature, costs, and results of all important investigations 
 and experiments, and such other information as they may 
 deem important, one copy of which shall be transmitted 
 free, by the secretary of state, to all colleges endowed under 
 the provisions of the act of congress, entitled, "An act 
 donating land to the several states and territories which 
 provide colleges for the benefit of agriculture and the me- 
 chanic arts," approved July 2, 1862; and also, one copy to 
 the secretary -of the interior, as provided in said act. 
 
 Section 384. The president of the university shall be 
 president of the several faculties, and the executive head of 
 the instructional force in all its departments; as such he 
 shall have authority, subject to the board of regents, to give 
 general direction to the instruction and scientific investiga- 
 tions of the several colleges, and so long as the interests of 
 the institution require it, he shall be charged with the duties 
 of one of the professorships. The immediate government 
 of the severaFcolieges shall be intrusted to their respective 
 faculties, but the regents shall have the power to regulate 
 the courses of instruction, and prescribe the books or works 
 to be used in the several courses, and also to confer such 
 degrees and grant such diplomas as are usual in universities, 
 or as they shall deem appropriate, and to confer upon the 
 faculty, by by-laws, the power to suspend or expel students 
 for misconduct or other cause prescribed in such by-laws. 
 
 Section 385. The object of the university of Wisconsin 
 shall be to provide the means of acquiring a thorough knowl- 
 edge of the various branches of learning connected with 
 scientific, industrial, and professional pursuits, and to this 
 end it shall consist of the following colleges or departments, 
 to wit: 
 
 1. The college or department of arts. 
 
 2. The college or department of letters. 
 
 3. Such professional or other colleges or departments as 
 now are, or may, from time to time, be added thereto or 
 connected therewith. 
 
 Section 380. The college or department of arts shall em- 
 brace courses of instruction in mathematical, physical, and 
 natural sciences, with their application to the industrial arts, 
 such as agriculture, mechanics, engineering, mining, and 
 metallurgy, manufactures, architecture, and commerce; in 
 such branches included in the college of letters, as shall be 
 necessary to proper fitness of the pupils in the scientific and 
 practical courses for their chosen pursuits, and in military 
 
160 
 
 tactics; and as soon as the income of the university will 
 allow, in sugh order as the wants of the public shall seem to 
 require, the said courses in the sciences and their application 
 to the practical arts shall be expanded into distinct colleges 
 of the university, each with its own faculty and appropriate 
 title. The college of letters shall be co-existent with the col- 
 lege of arts, and shall embrace a liberal course of instruction 
 in language, literature and philosophy, together with such 
 courses, or parts of courses in the college of arts as the 
 regents of the university shall prescribe. 
 
 Section 387. The university shall be open to female as 
 well as to male students, under such regulations and restric- 
 tions as the board of regents may deem proper; and all able 
 bodied male students of the university, in whatever college, 
 may receive instruction and discipline in military tactics, the 
 requisite arms for which shall be furnished by the state. 
 After any person has graduated at the state university, and, 
 after such graduation, has successfully taught a public school 
 in this state for sixteen school months, the superintendent of 
 public instruction shall have authority to countersign the 
 diploma of such teacher after such examination as to moral 
 character, learning, and ability to teach, as to the said super- 
 intendent may seem proper and reasonable. Any person 
 holding a diploma granted by the board of regents of the 
 state university, certifying that the person holding the same 
 is a graduate of the state university, shall, after his diploma 
 has been countersigned by the state superintendent of public 
 instruction as aforesaid, be deemed qualified to teach any of 
 the public schools of this state, and such diploma shall be a 
 certificate of such qualification until annulled by the state 
 superintendent of public instruction. 
 
 Section 388. No student who shall have been a resident 
 of the state for one year next preceding his admission, shall 
 be required to pay any fees for tuition in the university, 
 except in the law department and for extra studies. The 
 regents may prescribe rates of tuition for any pupil in the 
 law department, or who shall not have been a resident as 
 aforesaid, and for teaching extra studies. 
 
 Section 389. For the support and endowment of the uni- 
 versity, there is annually and perpetually appropriated: 
 
 1. The university fund income and all other sums of 
 money appropriated by any law to the university fund in- 
 come. 
 
 2. The agricultural college fund income. 
 
 3. All such contributions as may be derived from public 
 or private bounty. 
 
 The entire income of all said funds shall be placed at the 
 disposal of the board of regents by transfer to the treasurer 
 of said board, thenceforth to be distinct and independent of 
 the accounts of the state, and for the support of the afore- 
 said colleges or departments of arts, of letters, and such 
 other colleges and departments as shall be established in the 
 
161 
 
 university or connected therewith; but all means derived 
 from other public or private bounty shall be exclusively de- 
 voted to the specific objects for which they shall have been 
 designated by the grantor. 
 
 As amended by Chapter 300, Laivs of 188B. 
 
 Section 300. There shall be levied and collected annually 
 a state tax of one-eight (i) of one (1) mill for each dollar of 
 the assessed valuation of the taxable property of the state, 
 which amount when so levied and collected, is appropriated 
 to tlie University fund income, to be used annually as a part- 
 thereof; such increase from one-tenth (1-10) to one-eight (i) 
 of a mill on the dollar of the assessed valuation of the taxa- 
 ble property of the state, shall be used for the purpose of 
 establishing, under the direction of the board of regents of 
 the University, a chair of pharmacy and materia medica,. 
 and the establishment of an agricultural experiment station :, 
 and in case a surplus accrue from the increase for the 
 purpose aforementioned, the board of regents shall have 
 power to dispose of the same, in the manner as of other 
 incomes from this source, and the whole appropriation shall 
 be deemed a full compensation for all deficiences in said in- 
 cora.e, arising from the disposition of the lands donated to 
 the state by congress, in trust, for the benefit of said in- 
 come. • 
 
 Section 391. The sum of three thousand dollars shall be 
 set apart annually, forever, from the receipts of the tax 
 mentioned in the preceding section, so soon as a complete 
 and well-equipped astronomical observatory shall be given 
 to the university on its own grounds, without cost to the 
 state, to be expended by the regents in astronomical work 
 and instruction: provided, such observatory be completed 
 by the fourth of July, A. D. 1879, 
 
 Section 392. The regents shall each receive the actual 
 amount of his expenses in traveling to and from, and in 
 attendance upon all meetings of the board, or incurred in 
 the performance of any duty in pursuance of any direction 
 of the board; accounts for such expenses, duly authentica- 
 ted, shall be audited by the board, and be paid on their order 
 by the treasurer, out of the university fund income. JSTo 
 regent shall receive any pay, mileage, or per diem, except as 
 above prescribed. 
 
 XVIir. OF NORMAL SCHOOLS AND OF ACADE- 
 MIES. 
 [Chapter 26, Revised Statutes.] 
 
 Section 393. For the government of normal schools es- 
 tablished, and which may hereafter be established, and for 
 
 11— S. C. 
 
162 
 
 the performance of the duties prescribed to them, there is 
 constituted a board of eleven regents, called " the board of 
 regents of normal schools/"' composed of the governor and 
 state superintendent, as ex-officio regents, and of nine ap- 
 pointed regents. The term of office of regents appointed, 
 commencing with the first Monday of February in the year 
 in which appointed, shall be three years, and until the ap- 
 pointment and qualification of their respective successors; 
 and they are now and shall continue divided into three classes, 
 so that the term of office of three regents shall expire each 
 year; and not more than two such members of the board 
 shall reside in any one congressional district. The governor 
 shall fill all vacancies by appointment, by and with the ap- 
 proval of the senate, if the legislature be in session, and if 
 not, then subject to the approval of the senate at the next 
 succeeding session; but in case of a vacancy before the ex- 
 piration of a term, the appointment shall be for the residue 
 of the term only. 
 
 Section 394. The board of regents and their successors 
 in office are constituted a body corporate, by the name afore- 
 said; and may purchase, have, hold, control, possess and en- 
 joy, in trust for the state, for educational purposes solely, 
 any lands, tenements, hereditaments, goods and chattels of 
 any nature, which may be necessary and required for the 
 purposes, objects and uses of the state normal schools, au- 
 thorized by law, and none other, with full power to sell or 
 dispose of such personal property, or any part thereof, when, 
 in their judgment, it shall be for the interest of the state; 
 and shall possess all other powers necessary or convenient 
 to accomplish the objects and perform the duties prescribed 
 by law. The board of regents shall not sell, mortgage or 
 dispose of, in any way, any real estate, nor borrow money, 
 without the express authority of the legislature; nor shall 
 they contract indebtedness, nor incur liabilities, to exceed, 
 ■Sit any time, in the aggregate, the amount of money which, 
 under the provisions of law, shall then be at their disposal, 
 in the hands of the state treasurer; nor shall said board ever 
 reduce the amount so at their disposal below the aggregate 
 amount of their indebtedness or liability, except in payment 
 of such indebtedness or liability. The proceeds of the sale 
 of any real or personal estate shall be paid by them into the 
 treasury, and shall become a part of the income of the nor- 
 mal school fund. The entire income of the normal school 
 fund shall be placed at the disposal of the board of regents 
 of the normal schools by transfer to the treasurer of said 
 board, and shall be distinct and independent from the ac- 
 counts of the state, and be applied for the support of normal 
 schools, as provided by law. 
 
 Section 395. The officers of the board shall be a president, 
 vice-president, and secretary; they shall severally hold their 
 offices for the term of one year, and until their successors 
 are elected, and shall perform the duties incident to their 
 
163 
 
 several offices, and such as are prescribed by the board. The 
 state treasurer shall be ex officio the treasurer of the board, 
 but the board may appoint suitable persons to receive and 
 pay to the treasurer any tuition fees, or other moneys that 
 may be due from any student or other person. 
 
 Section ;39G. The said board shall hold an annual meeting 
 at the capitol, on the second Wednesday in July in each 
 year, or at such time as they may designate. Special meet- 
 ings may be called by the governor, or by the president of 
 the board, on a petition, signed for that purpose by any three 
 regents. A majority of the regents shall constitute a quo- 
 rum for the transaction of business; but a less number may 
 adjourn from time to time. 
 
 Section 397. Any regent may be removed from office for 
 cause, upon reasonable notice, by a vote of two-thirds of all 
 the regents. No regent or officer, trustee or person, ap- 
 pointed or employed in any position or capacity, connected 
 with normal schools or normal institutes, shall at any time 
 act as agent of any author or publisher of, or dealer in 
 school books, maps, or charts, or school library books, or 
 school furniture or apparatus, or become interested, directly 
 or indirectly in the publication, manufacture, or sale of any 
 such, as agent or otherwise; and for a violation hereof, any 
 regent shall be expelled from the board by a majority vote 
 of the regents. 
 
 Section 398. No member of the board of normal regents 
 shall receive any pay for traveling to ®r attendance at any 
 meeting of the board; but for any specific service rendered 
 under the direction of the board, other than attending the 
 meetings thereof, such compensation may be allowed any 
 member, as the board shall deem just and reasonable; and 
 such compensation and all moneys actually and necessarily 
 expended by any member in traveling, attending meetings, 
 or performing any other duty or service, directed to be per- 
 formed, shall be paid out of the normal school fund income 
 in the state treasury, on accounts presented to and adjusted 
 by the board, and certificate signed by the secretary and 
 president thereof. 
 
 Section 399. In addition to those heretofore established, 
 the said board of regents may establish other state normal 
 schools, at such places as they may designate, upon sites 
 selected by them; and when, in their opinion, the educational 
 interests of the state require it, they may proceed to erect 
 suitable buildings upon the sites so selected, and they may 
 enlarge, alter, or repair any normal school buildings. When- 
 ever any such site shall be donated, then as soon as the title 
 thereto shall be vested in them in fee in trust as aforesaid, 
 and when money is donated, then as soon as such money is 
 paid into the state treasury, subject to be paid out only on 
 the warrant of the secretary of state, as provided in the next 
 section, or secured to be paid by the deposit with the state 
 treasurer, of United States or W^isconsin state bonds, in 
 
amount equal in value to the sums of money so donated, 
 said board may procure suitable plans and specifications for 
 such buildings, alterations, or repairs thereof, and employ 
 persons to superintend the construction of the same; and 
 they may advertise for proposals to erect, repair, or enlarge 
 any normal school building, reserving the right to reject any 
 and all proposals made in pursuance of such advertisements; 
 and the expense of such advertising and procuring plans 
 and specifications shall be paid from the normal school fund 
 income. 
 
 Section 400. The said board shall demand and receive 
 the sums of money donated and subscribed by any persons, 
 or any town, incorporated village, city, or county, to aid in 
 the erection of the necessary buildings for normal schools, 
 in such manner as said board may prescribe, and apply the 
 same in the erection and completion of said buildings, the 
 purchase of the necessary books, apparatus, furniture, and 
 fixtures, and for various other incidental expenses, to be in- 
 curred by said board, in pursuance of the provisions of these 
 statutes; and if any surplus shall remain, apply the same to 
 the expenses of conducting said normal schools; and any 
 deficit which may arise in the erection and completion of 
 waid building, and purchases aforesaid, shall be paid out of 
 the normal school fund income. 
 
 The next section was amended by chapter 98, of the laws 
 of 1879, to read as follows: 
 
 Section 401. All payments for the erection, repairs, or 
 enlargement of any normal school building, or for fixtures 
 and furniture therefor, and all disbursements from the nor- 
 mal school fund income, including the expenses of the 
 boards of visitors of normal schools, appointed by the su- 
 perintendent of public instruction, and the expenses of in- 
 stitutes hereinafter in this chapter authorized and provided 
 for, shall be made by the treasurer of said board of regents, 
 on the warrant of the secretary of said board, countersigned 
 by the president thereof, drawn in accordance with the 
 directions of the said board of regents, in payment of ac- 
 counts duly audited and adjusted in accordance with the 
 rules and regulations of said board of regents; and in case 
 of a donation, no such warrant shall be issued, until the 
 sums donated and subscribed shall have been paid in full 
 into the state treasury, nor, in any case, until the work shall 
 be done, or services rendered, or buildings erected, or fix- 
 tures or furniture purchased, under the direction of the said 
 board, entitling the applicant to such warrant, according to 
 a contract or agreement with said board for that p urpose. 
 
 So much of sections 406 and 409, on the two pages follow- 
 ing this, and of all other acts or parts of acts as were incon- 
 
165 
 
 sistent with the provisions of this section, was repealed by 
 the act of 1879 aforesaid. 
 
 Sectiox 4u2. The exckisive purpose and objects of each 
 normal school shall be the instruction and training of per- 
 sons, both male and female, in the theory and art of teach- 
 ing, and in all the various branches that pertain to a good 
 common school education, and in all subjects needful to 
 qualify for teaching in the public schools; also to give in- 
 struction in the fundamental laws of the United States and 
 of this state, in what regards the rights and duties of 
 citizens. 
 
 Section 403. Said board shall also establish a model 
 school or schools for practice in connection with each state 
 normal school, and shall make all the regulations necessary 
 to govern and support the same; and they may in their dis- 
 cretion admit pupils to such model schools free of charge of 
 tuition. 
 
 Section 404. The said board shall have the government 
 and control of all the normal schools, and shall have power 
 therefor; 
 
 1. To make rules, regulations, and by-laws for the good 
 government and management of the same, and each depart- 
 ment thereof. 
 
 2. To appoint a principal and assistants, and such other 
 teachers and officers, and to employ such persons, as may 
 be required for each of said schools; to fix the salary of each 
 person so appointed or employed, and to prescribe their sev- 
 eral duties. 
 
 :>. To remove at pleasure any principal, assistant, or other 
 officer or person, from any oMce or employment in connec- 
 tion with any such school. 
 
 4. To purchase any needful and proper apparatus, books, 
 or articles, to assist in instruction, and to provide for all 
 necessary fuel and supplies for the conduct of such schools. 
 
 5. To prescribe the courses of study, and the various books 
 to be used in such schools. 
 
 <i. To cause notice to be given of the opening of such 
 schools, and the several terms thereof. 
 
 7. To prescribe rules and regulations for the admission of 
 students, but every applicant for admission shall undergo an 
 examination to be prescribed by the board, and shall be re- 
 jected if it shall appear that he is not of good moral charac- 
 ter, or if applying as a free pupil, will not make an apt or 
 good teacher. 
 
 8. To require any applicant for admission, other than 
 sucli as shall, prior to admission, sign and file with said 
 board a declaration of intention to follow the business of 
 teaching common schools in this state, to pay, or to secure 
 to be paid, such fees for tuition as the board may deem 
 proper and reasonable. 
 
166 
 
 9. To cause lectures on any art, science, or branch of lit- 
 erature to be delivered in any such schools, on such terms 
 and conditions as they may prescribe. 
 
 10. To confer by by-laws upon the principals of the sev- 
 eral normal schools the power to suspend or expel pupils for 
 misconduct, or other cause prescribed in such by-laws. 
 
 DIPLOMAS AND STATE CERTIFICATES. 
 
 Section 405. Said board may grant diplomas in testimony 
 of scholarahip and ability to teach, but no such diploma 
 shall be granted until such graduate shall have passed a 
 thorough and satisfactory exaniination in the course of 
 study prescribed by the board. AVhen any such graduate 
 has, after receiving such diploma, taught a public school in 
 this state one year, the state superintendent may, after such 
 examination as to moral chaxacter, learning, and ability to 
 teach, as to him may seem proper, countersign the diploma 
 of such teacher, and thereafter such countersigned diploma 
 shall be evidence of his qualifications to teach in any com- 
 mon school, and shall have the force and effect of an unlim- 
 ited state certificate. The sal I board may also, on such 
 conditions as they may determine, grant a certificate of 
 attendance, certifying that the holder has completed the 
 elementary course in a normal school, and is qualified to 
 teach a common school; and the said superintendent may, 
 upon conditions above prescribed respecting diplomas, 
 countersign such certificate, and thereafter, such counter- 
 signed certificate shall be evidence of his qualification to 
 teach in any common shool of the state, and shall have the 
 full force and effect of a limited state certificate. 
 
 VISITORS . 
 
 Section 40G. After any state normal school shall have 
 commenced its first term, and at least once in each year 
 thereafter, it shall be visited by three suitable persons, not 
 members of the board, but to be appointed by the state 
 superintendent, who shall examine thoroughly into the con- 
 dition, organization and management of the school, and 
 shall report to the said superintendent their views in regard 
 to its success and usefulness, and any other matters they may 
 judge expedient. Such visitors shall be appointed annually, 
 and their report shall bear date of the thirty-first day of 
 August, and cover the year preceding such date. 
 
 See section 401, and the comment on the same. 
 
 teachers' INSTITUTES. 
 
 Section 407. Institutes for the instruction of teachers 
 shall be held in each year, in such counties as may be desig- 
 nated by the state superintendent, with the advice and con- 
 currence of said board, preference being given to such 
 
167 
 
 counties as receive the least direct benefits from the normal 
 schools. The state superintendent, by and with the advice 
 and consent of said board, may make such rules and regu- 
 lations as the}- shall deem proper for organizing and con- 
 ducting such institutes, and may, by and with the like 
 advice and consent, employ an agent or agents to perform 
 such work in connection therewith, as by such rules and 
 regulations may be prescribed. Each of said institutes shall 
 be held under the direction of such agent or agents, assisted 
 by the county superintendent. The course of study pursued 
 in such institutes shall, as far as practicable, be uniform^ 
 and be prescribed by the state superintendent, with the as- 
 sistance of such agents, but subject to revision by said 
 board. 
 
 As Amended by Chapter 7, Laws of 1885. 
 
 Sectiox 4:08. For the purpose mentioned in the preced- 
 ing section, the said board may use such sum, not exceed- 
 ing seven thousand dollars in any year, as it may deem 
 necessary, of which not exceeding five thousand dollars shall 
 be paid from the normal school fund income, and not exceed- 
 ing tv7o thousand dollars from the general f und.and the state 
 superintendent may use such additional sum not exceeding 
 one thousand dollars to be also paid from the general fund, 
 as he shall deem proper, for the purpose of providing public 
 lectures in connection with such institutes, by the profes- 
 sor of the theory and art of teaching of the university, 
 and such amounts as shall be so expended are hereby annu- 
 ally appropriated from the said funds respectively. 
 
 Section 400. The normal school fund income shall, under 
 the direction and management of the said board, be applied, 
 and is hereby appropriated, to the establishment and support 
 of the state normal schools and the purposes directed in this 
 chapter. 
 
 See section 401, and the comment en the same. 
 
 [Section 410. The president of said board shall make to 
 the state superintendent an annual report, bearing date 
 the thirty-first day of August, which shall contain a full and 
 detailed account of the doings of the said board, and of all 
 of their expenditures, and of all moneys received, and the 
 prospect, progress, and condition of said state normal schools; 
 and such report, together with the reports of the different 
 boards of visitors, shall be transmitted to the legislature by 
 the state superintendent as part of his annual report.] 
 
 Repealed by chapter IGO, laws of 1870, which requires the 
 president to report to the governor. The latter act was 
 amended by chapter 320, laws of 1883, requiring all reports 
 to be made biennially. 
 
168 
 
 OF ACADEMIES. 
 
 Section 411. It shall be fhe duty of the president of the 
 board of trustees of every organized academy, seminary, 
 and literary or collegiate institution, heretofore incorporated, 
 or that shall be hereafter incorporated, to cause to be made 
 out by the principal instructor or other proper officer, and 
 forwarded to the state superintendent, on or before the tenth 
 day of October, in each year, a report for the year, termi- 
 nating with the next preceding thirty-first day of August, 
 setting forth the amount and estimated value of real estate 
 owned by the corporation, the amount of other funds and 
 endowments, and the yearly income from all sources; the 
 number of instructors and their respective salaries; the 
 number of students in the different classes, and the yearly 
 rates of tuition; the studies pursued and the books used; 
 the course of instruction and such matters as shall be spe- 
 cially requested by said superintendent, or as shall be deemed 
 proper by the president or principal of such academies or 
 institutions to enable the state superintendent to lay before 
 the legislature, in his annual report, a fair and full state- 
 ment of the affairs and condition of such institutions. 
 
 XIX. THE STATE SUPERINTENDENT. 
 
 [Chapter 11, Revised Statutes.] 
 
 Section 164. The term of office of the state superintend- 
 ent shall be two years. He shall, within twenty days after 
 he receives notice of his election, and before entering upon 
 the duties of his office, take and subscribe the constitutional 
 oath of office, which oath shall be ffied in the office of the* 
 secretary of state. 
 
 Section 165. The state superintendent may appoint under 
 his hand an assistant, who shall take the constitutional oath 
 of office, which, with his appointment, shall be filed in the 
 office of the secretary of state. Such assistant shall perform 
 such duties as the superintendent shall prescribe, not incon- 
 sistent with law, and the superintendent shall be responsible 
 for all acts of such assistant. 
 
 Section 166. The state superintendent shall have a gen- 
 eral supervision over the common schools in this state, and 
 it shall be his duty: 
 
 1. To visit, so far as practicable, every county in the state, 
 for the purpose of inspecting the schools, awakening an in- 
 terest favorable to the cause of education, and diffusing as 
 widely as possible, by public addresses and personal commu- 
 nication with school officers, teachers, and parents, a knowl- 
 edge of existing defects, and of desirable improvements in 
 the government and the instruction of the schools. 
 
169 
 
 ■i. To recommend the introduction of the most approved 
 text-books, and as far as practicable to secure a uniformity 
 in the use of text-books, discourage the use of sectarian 
 books and sectarian instruction in the schools; to advise in 
 the selection of books for school-district libraries, and to 
 open such correspondence abroad as may enable him to ob- 
 tain, so far as practicable, information relative to the system 
 of common schools and its improvements in other states 
 and countries, which he shall embody in his annual report 
 to the legislature. 
 
 4. To examine and determine all appeals, which by law 
 may be made to him, according to the laws regulating the 
 same, and his decisions thereon shall be final; and to pre- 
 scribe rules of practice in respect thereto, not inconsistent 
 with law. 
 
 5. To collect in his office such school books, apparatus, 
 maps, and charts as can be obtained without expense to the 
 state; and also to purchase at an expense not'exceeding one 
 hundred and fifty dollars a year, to be paid out of the state 
 treasury, rare and valuable works on education, for the 
 benefit of teachers, authors, and others who may wish to 
 consult them. 
 
 ('). To apportion and distribute the school fund income as 
 provided by law. 
 
 7. To make copies when required by any person so to do, 
 of any paper deposited or filed in his office, and of any act or 
 decision made by him, and certify the same; and he may 
 demand therefor twelve cents per folio. 
 
 8. To prepare in each year a report to be delivered by him 
 to the governor, on or before the tenth day of December, 
 containing: 
 
 First. An abstract of all the common school reports re- 
 ceived by him from the several clerks of the county boards 
 of supervisors. 
 
 Second. A statement of the common schools in this state. 
 
 Third. Estimates and accounts of expenditures of the 
 school monej'. 
 
170 
 
 Fourth. Plans for the improvement and management of 
 the common school fund, and for the better organization of 
 common schools. 
 
 Fifth. A statement of his official visits, and of his travels 
 in making the same during the past year. 
 
 Sixth. AH such matters relating to his office, and the com- 
 mon schools of the state, as he may deem expedient to com- 
 miunicate. 
 
 9. To perform all other duties imposed upon him by law. 
 
 ^ . „», mu^ ..i-^-t-r^ c.nr^^..iTifonrlf:>Tit fihall have an 
 
 __^^, x3LV_yi. uu iiijpDob caiitiij-x v^LAui^c. wipijii me suaoeanu couniy 
 superintendents of schools. 
 
 Section 1 . It shall be the duty of the state superintend- 
 ent of schools annually to hold at least four conventions, in 
 as many different and most convenient and accessible points 
 in the state, for the purpose of consultation, advice and in- 
 struction, with county superintendents of schools, in regard 
 to supervision and management of the public schools. 
 
 Section 2. It shall be the duty of every county superin- 
 tendent of schools in this state to attend annually at least 
 one convention of county superintendents, called and held by 
 the state superintendent for the purpose of consultation, 
 advice and instruction with county superintendents of 
 schools upon matters pertaining to supervision and manage- 
 ment of public schools. 
 
 Section 3. All actual and necessary expenditures for 
 traveling from his residence to the place of holding the 
 nearest and most accessible convention, and returning 
 thereto, and for board and lodging during the time of actual 
 attendance on such convention, shall be paid by the county 
 in which the superintendent resides, and bills for such 
 expenses shall be audited and allowed by the several county 
 boards of supervisors, upon the presentation of the same 
 with the certificate of the state superintendent attached 
 thereto, showing that the claimant attended such conven- 
 tion for the number of days specified in the bill; provided, 
 not more than one such account shall be paid in each year. 
 
171 
 
 XX. COXSTITUTIOXAL PROVISIONS. 
 
 [Article 10.] 
 EDUCATION. 
 
 Section 1. The supervision of public instruction shall bo 
 vested in a state superintendent, and such other officers as 
 the legislature shall direct. The state superintendent shall 
 be chosen by the qualified electors or the state, in such man- 
 ner as the legislature shall provide; his powers, duties, and 
 compensation shall be prescribed by law; provided, that his 
 compensation shall not exceed the sum of twelve hundred 
 dollars annually. 
 
 Section 2. The proceeds of all lands that have been or 
 hereafter may-be granted by the United States to this state 
 for educational purposes (except the lands heretofore granted 
 for the purposes of a universitj'), and all moneys, and the 
 clear proceeds of all property that may accrue to the state 
 by forfeiture or escheat, and all moneys which may be paid 
 as an equivalent for exemption from military duty, and the 
 clear proceeds of all fines collected in the several counties 
 for any breach of the penal laws, and all moneys arising 
 from any grant to the state where the purposes of such 
 grant are not specified, and the five hundred thousand acres 
 of land to which the state is entitled by the provisions of an 
 act of congress, entitled, "An act to appropriate the proceeds 
 of the sales of the public lands, and to grant pre-emption 
 rights,'' approved the fourth day of September, one thousand 
 eight hundred and forty-one, and also the five per centum 
 of the net proceeds of the public lands to which the state 
 shall become entitled on her admission into the Union (if 
 congress shall consent to such appropriation of the two 
 grants last mentioned) shall be set apart as a separate fund, 
 to be called the school fund, the interest of which, and all 
 other revenues derived from the school lands, shall be ex- 
 clusively applied to the following objects, to wit: 
 
 1. To the support and maintenance of common schools, in 
 each school-district, and the purchase of suitable libraries 
 and apparatus therefor. 
 
 2. The residue shall be appropriated to the support and 
 maintenance of academies and normal schools, and suitable 
 libraries and apparatus therefor. 
 
 Section o. The legislature shall provide by law for the 
 establishment of district-schools which shall be as nearly 
 uniform as practicable, and such schools shall be free and 
 vfithout charge for tuition to all children between the ages 
 of four and twenty years; and no sectarian instruction shall 
 be allowed therein. 
 
 Section 4, Each town and city shall be required to raise 
 by tax, annually, for the support of common schools therein. 
 
172 
 
 a sum not less than one half the amount received by such 
 town or city, respectively, for school purposes, from the in- 
 come of the school fund. 
 
 Section 5. Provision shall be made bylaw for the dis- 
 tribution of the income of the school fund among the several 
 towns and cities of the state, for the support of common 
 schools therein, in some just proportion to the number of 
 children and youth resident therein, between the ages of 
 four and twenty years, and no appropriation shall be made 
 from the school fund to any city or town, for the year in 
 which said city or town shall fail to raise such tax, nor to 
 any school-district for the year in which a school shall not 
 be maintained at least three months. 
 
FORMS 
 
 FOR THE USE OF SCHOOL OFFICERS. 
 
 No. 1. 
 
 Form of order organizing n new school-district, to be filed with the town 
 
 clerk. 
 
 It is hereby .ordered and determined that [here describe 
 the territory to be comprised in the district, by. sections and 
 paints of sections] shall hereafter constitute a school-district, 
 
 to be known as school-district No. — , of the town of _ . 
 
 Given under our hands, this day of , 18 — . 
 
 (Signed.) A. B. ) Supervisors 
 
 C. D. >■ of the town 
 
 E. F. ) of . 
 
 Note. — For form of order organizing joint district, see No. 6. 
 
 No. 2. 
 
 Form of notice for the first meeting of a school-district, to be delivered by 
 the town supervisors of a taxable inhabitant of the district. 
 
 Having, on the day of , IS — , formed a new school- 
 district^ to be known as school-districc No. — , of the town 
 
 of , [or joint school- district No. —, of towns of and 
 
 , in case it be a Joint district] comprising the following 
 
 territory: [Here insert the description of the district, as in 
 form No. 1], you are hereby directed to notify every quali- 
 fied voter of said district to attend the first meeiing thereof, 
 which is hereby appointed to be held at the house of — — , 
 
 in said district,' on the day of , 18 — , at — o'clock in 
 
 the noon, by reading this notice in the hearing of each 
 
 such voter, or in case of absence from his place of residence, 
 by leaving thereat a written notice of the time and place of 
 such meeting, at least five days before the time appointed 
 for such meeting, and thereof to make due return. 
 
 Dated at , this day of — , 18 — . 
 
 (Signed.) A. B. ) Supervisors 
 
 C. D. [ of the town 
 E. F. ) of . 
 
 Note. — If it is a joint district, the notice must be signed by the super- 
 visors of each town in which any part of the district lies. 
 
174 
 
 No. 3. 
 
 Form of notice for first mcetiog, to be left at tlie residence of a voter when 
 
 absect. 
 To A. A.: 
 
 By direction of the supervisors of the town of , you 
 
 are hereby notified that the first meeting of school-district 
 
 No. — , of , recently formed, will be held at the house 
 
 of , in said district, on the day of , 
 
 18 — , at — T o'clock in the noon. Your attendance 
 
 is requested. 
 
 (Signed) G. H., 
 
 Person appointed to give notice. 
 
 No. 4. 
 
 Form of return to be endoi'sed upon notice received from town supervisors, 
 on the formation of a school-district. 
 
 I hereby certify that I have notified the following named 
 persons \^Here give the names in full], personally, and the 
 following named persons [Here insert names] by copy, 
 according to the direction of the within notice. 
 
 Dated this day of , 18 — . 
 
 • • (Signed.) G. H., 
 
 Person appointed to give notice. 
 
 No. 5. 
 
 Form of notice for a meeting of a school-aistrict, to be delivered by the 
 town supervisors, to a taxable inhabitant, in case there is no o£S.cer to 
 call a meeting. 
 
 To A. B., a taxable inhabitant of school-district No. — , 
 
 of •• 
 
 You are hereby directed to notify every qualified voter of 
 
 school-district, No. — , of , to atterxd a meeting thereof, 
 
 which is hereby appointed to be held at the house of 
 
 , in said district on the day of , 18 — , at 
 
 o'clock in the noon, by reading this notice in the hearing 
 
 of such voter, or in case of absence from his place of resi- 
 dence, by leaving thereat a written notice of the time and 
 place of such meeting, at least five days before the time 
 appointed for such meeting. The following is a description 
 of said district: [Here describe the district as in form No. 1.] 
 (Signed) A. B. ) Supervisors 
 
 C. D. >• of the toivn 
 E. F.Jo/ . 
 
 Note— If it is a joint district, the notice must be signed by the super- 
 visors of each town in which any part of the district lies. 
 
No. 6. 
 
 From of order organizing a joint school-district. 
 
 It is hereby ordered and determined that [here describe the 
 territory by sections and parts of sections] shall hereafter 
 constitute a school-district, to be known as joint school-dis- 
 trict No. , of the towns of [here insert the names of all 
 
 the toiuns in ichich any portion of the distinct is situated]. 
 
 Given under our hands, this day of , 18 — . 
 
 (Signed.) A. B. ) Supervisors 
 
 C. D. >- of the town 
 
 E.F. Jo/ . 
 
 G. H. ) Supervisors 
 I. J. ,^ of the town 
 K. L. ) of . 
 
 Note.— The above order must be signed by at least two supervisors from 
 each town affected by it, and a copy must be filed with the town clerk of 
 each town. 
 
 No. 
 
 Form cf acceptance of office by district officers elected at the first meet- 
 ing after the formation of a district, to be filed with the clerk of the 
 meeting. 
 
 I hereby signify my acceptance of the oflBce of , of 
 
 school-district No. — , in the town of , to which I have 
 
 been elected. 
 
 Dated this day of , 18 — . 
 
 (Signed.) G. H. 
 
 No. 8. 
 
 Form of notice to be given to the district, clerk when alteration of the 
 boundaries of a district is contemplated. 
 
 To C. D., Clerk of school-district No. — , of town of- 
 
 You will take notice that we shall be present at [here men- 
 tion the place], on the day of , 18 — , at — o'clock 
 
 in the noon, to hear and decide upon certain proposed 
 
 alterations of the boundaries of said school-district. 
 
 Dated this — day of , 18 — . 
 
 (Signed.) A. B. ) Supervisors 
 
 C. D. f of the town 
 E. F. ) of . 
 
 Note. — In case of a joiut district, the above notice must be signed by a 
 majority of the supervisors of each town, a part of which is embraced in 
 the district or districts to be affected by the proposed alteration. 
 
176 
 
 No. 9, 
 
 Form of order for altering the boundaries of a school-district. 
 
 It is hereby ordered and determined that the [here de- 
 scrihe the territory by sections and parts of sections], now 
 
 part of school-district No. — , of the town of , be and 
 
 hereby is taken from said school-district, and attached to 
 and made a part of school district jSTo. — , of said town for all 
 purposes whatsoever. 
 
 This order will take effect on the day of , 18 — . 
 
 Given under our hands this day of , 18 — . 
 
 (Signed.) A. B. ) Supervisors 
 
 C. D. [ of the town 
 E. F. ) of . 
 
 Note 1. — The above order must be filed with the town clerk and' the 
 district clerk; and in case of a joint district, the order must be signed by 
 a majority of the supervisors of each town, a part of which is embraced 
 in the district, and filed with the town clerk of each town, and the 
 district clerk of each district affected by the alteration. 
 
 Note 2. — The board of each district atf acted by the alteration may in- 
 dorse their consent on the order as follows: 
 
 We hereby consent to the alteration made in school-dis- 
 trict No, — , of the town of , agreeably to the within or- 
 der" of the town supervisors of said town. 
 
 (Signed.) G. H., Director, ) Of said school-district 
 E. F., Treasurer, \ No. — , of the town 
 CD., Clerk, ) of , 
 
 Note.— When such consent is not indorsed upon the order, it will not 
 take effect until three months after its date. 
 
 No. 10. 
 
 Form of order of town supervisors awarding proportion of value of prop- 
 erty to new district. 
 
 To the district clerk of school-district No. —, of the town 
 
 of : 
 
 Having formed a new, school-district. No. — , of the town 
 
 of , in part [or wholly] from the territory of your district, 
 
 we have ascertained and determined the proportion of value 
 of the school house and other property, justly due to such 
 new school district from your district, letaining such 
 
 school house and other property, to be dollars. 
 
 You are, therefore, to raise and collect by tax, upon the taxa- 
 ble property of your district, the said sum of dollars, 
 
 and when collected pay the same to the treasurer of said 
 new district. 
 
 Given under our hands this day of , 18 — . 
 
 (Signed.) E. F. ( Supervisors 
 
 C. D. \ of the town 
 A. B. ( of . 
 
 Note.— In case of a joint district, the above notice must be signed by a 
 majority of the supervisors of each town embraced, in part, in the district. 
 
No. 11. 
 
 Form of notics for annual district meeting. 
 
 Notice is hereby given to the qualified electors of school- 
 district No. — , of the town of , that the annual meet- 
 ing of said district for the election of officers and the 
 
 transaction of other business, will be held at , on the 
 
 first Monday, being the — day of July, at 7 o'clock in the 
 afternoon, [unless some other hour was determined upon by 
 the district at the previous annual meeting]. 
 
 Dated this — day of , 18 — , C. D., 
 
 (Signed.) District Clerk. 
 
 Note. — The above notice must be c..ffixed to the outer door of the school- 
 house, if there be one in the district, and must be posted up in at least three 
 other public places, at least six days before the time appointed for the 
 meeting. 
 
 No. 12. 
 
 Form of notice for an adjourned district meeting, when si|^h meeting has 
 been adjourned for a longer period than one month. 
 
 Notice is hereby given, that a meeting of the qualified 
 
 electors of school-district No. — , in the town of , will 
 
 be held at , in said district, on the — day of , 
 
 18 — , at — o'clock in noon, pursuant to adjournment. 
 
 Dated this — day of , 18 — . C. D., 
 
 (Signed.) District Clerk. 
 
 Note. — The foregoing must be posted the same as for the annual meet- 
 ing. 
 
 No. 13. 
 
 Form of request for clerk to call a special district meeting. 
 
 To A. B., clerk of school-district No. — , of the town of .• 
 
 Sir — You are hereby requested to call a special meeting 
 
 of the above district on the day of , 18 — , at — 
 
 o'clock in the noon, for the purpose of [here state the 
 
 business to be. transacted]. 
 
 (Signed.) A. B. 
 
 CD. 
 * E. F. 
 
 G. H. 
 I.J. 
 
 Note. — The above notice must ba signed by at least five legal voters. 
 12-S. C. 
 
1Y8 
 
 No. U. 
 
 Form of notice for special district meeting. 
 Notice is hereby given to the qualified electors of school- 
 district No. — , in the town of , that a special meeting of 
 
 said district will be held at , on the day of , 
 
 18 — , at o'clock in the noon, for the following 
 
 objects: {Here particularly specify each item of business 
 to he acted upon.] 
 
 (Signed) C. D., 
 
 District Clerk. 
 
 Note — The above must be posted as for an annual meeting, and in case 
 it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
 must be personally n tified of the meeting, or a copy of the above notice 
 must be left at their places of residence, at least six days before the time 
 appoiuted for the meeang. 
 
 Form of notice for special school meeting for the purpose of authoriz- 
 ing the olistrict board to borrow money from the trust funds of the st-ite, 
 and to vote the taxes required by law to be voted, in order to obtain such 
 loan. 
 
 Notice is hereby given to the qualified voters of school 
 
 district No. — , town of , that a special school meeting of 
 
 said district«wili be held at , in said district on the 
 
 (lay of , 18 — , at — o'clock P. M., for the purpose of vot- 
 ing on the following propositions, viz.: 
 
 1st. To authorize the school board to make application for 
 
 a loan of dollars from the state trust funds, payable 
 
 in years, with interest at the rate of seven per cent, per 
 
 annum, payable annually in advance, for the purpose of 
 building school house. 
 
 2d. To raise by tax a sum suflicient to pay the principal 
 and interest of such loan as it becomes due. 
 
 3d. To raise by tax the sum of dollars, to be collected 
 
 in the tax for the year to aid in building school house. 
 
 (Signed) . 
 
 j)ated . District Clerk. 
 
 No. 15. 
 
 Form of notice to be given by the clerk of a school-district meeting to the 
 ofl&cers elect who were not preseno at the meeting. 
 
 To 
 
 You are hereby notified that at a meeting of school-dis- 
 trict No. — , in the town of , held on the — — day of , 
 
 18 — ^ you were duly elected of said district. 
 
 Dated this day of , IS — , 
 
 (Signed.) C. D., 
 
 Clerk of said meeting. 
 
 Note. — This notice is required to be given within five days after the 
 meeting, and only to those persons elected to office who were not present 
 at the time. 
 
179 
 
 No. 16. 
 
 Form of refusal to accept district offioe, to be filed with the clerk of the 
 
 district. 
 
 To the clerk of school-district No. , in the town of 
 
 You are hereby notified of my refusal to accept the office 
 of , to which I was elected at the meeting of said dis- 
 trict, held on the day of , 18 — . 
 
 (Signed.) G. H. 
 
 Note. — This notice of refusal must be filpd withiu ten days after the 
 plection, or the person will be deemed to have accepted t!ie office, and be 
 liable for nou-performauce of duty. 
 
 No. 17. 
 
 Form of an appointment to fill a vacancy iu the district board. 
 
 To A. B.: 
 
 The office of [cley^k, director, or treasurer] of school-dis- 
 trict No. , of the town of , having become vacant, 
 
 you are hereby appointed to fill such vacancy until the next 
 annual meeting in said district. 
 
 Dated this day of , 18 — ,' 
 
 (Signed.) G. H., Director. 
 
 E. F., Treasurer. 
 [Or other members of the board, as the case may be.] 
 
 Note. — It requires two members of the board to make an appointment. 
 If they negh ct for ten days to fill the vacancy, it must be done by the 
 town clerk, after the foUowmg form; in either case the appoiatment must 
 be filed with the district clerk: 
 
 No. 18. 
 
 Form, when the town clerk appoints. 
 
 ToA. B.: 
 
 The office of [clerk, director, or treasurer] of school-dis- 
 trict No. , of the town of , having become vacant, 
 
 and the district board of said district having failed to fill 
 the same within ten days, you are hereby appointed to fill 
 such vacancy until the next annual meeting of said district. 
 (Signed.) C. D., Tow7i Clerk. 
 
 Note. — In ease a vacancy in a joint district is to be filled by the town 
 clerk, the appointment is lo be made by the clerk of the town containing 
 the school-house. (See sec. 433.) 
 
180 
 
 No. 19. 
 
 Form of refusal to accept a district office by appointment. 
 
 To the district hoard of school-district No. [or the town 
 
 clerk as the case may be] , of the toivn of : 
 
 You are hereby notified of my refusal to accept the oflSce 
 
 of of school-district No. .of said town, to which I 
 
 ■was appointed by you on the day of , 18 — . 
 
 Dated this day of , 18 —. 
 
 , (Signed.) G. H. 
 
 Note. — The notice of refusal niTist be filed, with the cle^k or director 
 within five days after the appointment, or the person shall be deemed to 
 have accepted the ofiice, and be liable to a fine for non-performance of 
 dutv. 
 
 No. 20 (Deed or Lease). 
 
 Form of a deed of a school-house site. 
 
 Know all men by these presents, that I, A. B [and C. Z?., 
 
 his ivife, if 7narried], of the town of , in the county of 
 
 , in state of Wisconsin, party of the first part, for and 
 
 in consideration of the sum of dollars to them in hand 
 
 paid by the district board of "school-district No. , of 
 
 the town of ," county of , and state aforesaid, 
 
 the receipt whereof is hereby acknowledged, do hereby grant, 
 bargain, sell, and convey to the said school-district, party of 
 the second part and their assigns, the following described 
 piece of land, namely: [Here insert description of land.] 
 Together with all the privileges and appurtenances there- 
 unto belonging. To have and to hold the same to the party 
 of the second part and their assigns forever; and the said 
 party of the first part for themselves, their heirs, executors, 
 and administrators, covenant, bargain, and agree, to and 
 with the said party of the second part and their assigns, 
 that at the time of the sealing and delivery of these presents, 
 they are well seized of the premises above conveyed, as of 
 good, sure, perfect, absolute, and indefeasible estate of in- 
 heritance in the law in fee simple, and that the said lands 
 and premises are free from all incumbrances whatsoever, 
 and that the above bargained premises in the quiet and 
 peaceable possession of the said party of the second part 
 and their assigns, against all and every person or persons 
 lawfully claiming, or to claim, the whole or any part thereof, 
 the said party of the first part will forever warrant and 
 defend. 
 
 In witness whereof, the said A. B. and C. B., his wife. 
 
181 
 
 party of the first part, have hereunto set their hands and 
 
 seals, this day of , A. D. 18 — . 
 
 Signed, sealed, and delivered ) A. B. [seal.] 
 
 in presence of E. F. >• C. B, [seal.] 
 
 G.H. ) 
 
 Note. — Such deed should be duly acknowledged before a notary public, 
 justice of the peace, or other officer authorized by law to take such ac- 
 knowledgment, and recorded in the office of the register of deeds for the 
 county. 
 
 Form of lease. 
 
 Know all men by these presents, that A. B., of the town 
 
 of , in the county of , in the state of Wisconsin, of 
 
 the first part, for the consideration herein mentioned, does 
 hereby lease unto " school-district No. — , of the town of 
 
 ," county of , in the state aforesaid, party of the 
 
 second part, and their assigns, the following described parcel 
 of land: \He?-e insert description of land]. Together with 
 all the privileges and appurtenances thereunto belonging: 
 To have and to hold the same for and during the term of 
 
 years, from the day of , A. D. 18 — ; and the 
 
 said party of the second part for themselves and their as- 
 signs, do covenant and agree to pay to said party of the 
 
 first part, for said premises, the annual rent of dollars. 
 
 In testimony whereof, the said parties have hereunto set 
 
 their hands and seals, this day of , 18 — . 
 
 A. B., Lessor, [seal.] 
 
 C. D., ] District board of school- 
 
 E. F., r district No. , of the 
 
 G. H., ) toivn of . 
 
 No. 21. 
 
 Form of contract between district and teacher. 
 
 It is hereby agreed between school-district No. — , of the 
 
 town of , and L. M., a qualified teacher of the county of 
 
 , [or superintendent district No. — , of the county of 
 
 , as the case may be,\ that the said L. M., is to teach the 
 
 common school of said district for the term of [liere insert 
 
 the time], for the sum of per month, commencing on the 
 
 day of , IS — , it being understood and mutually 
 
 agreed that days shall constitute a month; and for such 
 
 services properly rendered, the said district is to pay to the 
 said L. M., the amount that may be due according to this 
 
 contract, on or before the day of , 18 — . 
 
 Dated this day of , 18 — . 
 
 (Signed.) 
 
 A. B., Director. 
 
 CD., Treasurer. 
 
 E. F., Clerk. 
 
 L. M., Teacher. 
 
182 
 
 If the teacher holds a limited certificate, for a single town or district, 
 the contract may read: "a qualified teacher of said town," or " said dis- 
 trict." 
 
 In case the teacher is employed in a graded school, the pa'^ticular depart- 
 ment for which he is engaged may be specifi-^d, and the contract may read: 
 •' dollars per week," if hired by the week. 
 
 By section 459, printed on page 85 of this codft, it will be seen that 20 
 days constitute a teacher's month, unless otherwise specified in the con- 
 tract. When the teacher is hired at so much a mouth, it is best alwajs to 
 specify in the contract how many days of teaching shall be considered a 
 month. 
 
 All legal holidays count as school riays for both teacher and district, if 
 they come on a day when schnol would otherwise be taughf, but as the 
 law now provides, Saturdays are not to be counted. If a legal holiday oc- 
 curs on Sunday, the succeeding Monday is a legal holiday. 
 
 If the teacher is expected to build the fire, or cleanse or otherwise care 
 for the school-house, it should be so stated in the contract. If not specially 
 provided for, the district hoard must provide for jani or service. 
 
 The contract must be signed by at least two members of the board, and 
 cannot lawfully be made, until a meeting of the board has b>en held. 
 A copy of the certificate held by the teacher must be attached to the con- 
 tract. See section 438, pages 55, 56, 57 and 58. 
 
 No. 22. 
 
 Form of bond of district treasurer to be filed with the district clerk. 
 
 Know all men by these presents, that we, E. F., treasurer 
 
 of school district No. — , of the town of , and L. M., his 
 
 surety, are held and firmly bound unto said school-district 
 in the sum of [here insert a sum of double the amount to 
 come into the treasurer's hands, as near as can be ascertained] 
 to be paid to the said school-district, for the payinent of 
 which, well and truly to be made, we bind ourselves, our 
 heirs, executors, and administrators, jointly and severally, 
 firmly by these presents. Sealed with our hands and dated 
 thie day of , A. D. 18—. 
 
 The condition of the above obligation is such that if the 
 said E. F., treasurer as aforesaid, shall faithfully discharge 
 the duties of his ofiice as treasurer of said school-district, 
 and shall well and truly pay over to the person or persons 
 entitled therein, upon the proper order therefor, all sums of 
 money which shall come into his hands as treasurer of said 
 district, and shall, at the expiration of his term of office, pay 
 over to his successor in office all moneys remaining in his 
 hands as treasurer aforesaid, and shall deliver to his suc- 
 cessor all books and papers appertaining to his said office, 
 then this obligation shall be void, otherwise of full force and 
 virtue. 
 
 Signed, sealed, and delivered in ) 
 presence of R. S. > E. F. [seal.] 
 
 G. H. ) L. M. [SEAL. J 
 
 Form of approval to ba indorsed on the bond of treasurer. 
 
 We appT-ove of the within bond and surety. 
 
 (Signed.) G. H., Director. 
 
 C. D., Clerk. 
 
183 
 
 No. 23. 
 
 Form of notice to treasurer to furnish additional security. 
 
 To A. B., treasurer of school-district No. : 
 
 Sir:— Deeming the security upon your bond insufficient ta 
 protect the district against loss, we hereby require you to 
 
 furnish a new bond in the sum of $ , wfth sureties to be 
 
 approved by us, within ten days of the date hereof. 
 
 Dated this — day of , 18 — . 
 
 (Signed.) C. D., Director. 
 
 E. F., Clei^k. 
 
 No. 24. 
 
 Form of order on treasurer for moneys to be disbursed by school- district. 
 
 To A. B., treasurer of school-district No. — , in the town 
 
 of ; 
 
 Please pay to the sum of dollars for [here 
 
 specify the object for ivhich the money is to be paid], out of 
 any money in your hands, not appropriated, belonging to 
 the [here name the fund on ivhich the order is drawn], ot 
 said district. 
 
 Dated this — day of , 18 — . 
 
 (Signed.) C. D., District Clerk. 
 
 G. H., Director. 
 
 No. 25. 
 
 Form of school register to be kept by the teacher of each school. 
 
 The register furnished by the district should be one ar- 
 ranged in four parts. The first part should consist of blank 
 pages for entering a daily programme of recitation and 
 study. Following is a model page of this part: 
 
184: 
 
 DAILY PROGRAMME OF RECITATION AND STUDY. 
 For term from to 188 — . 
 
 Teacher. 
 
 Recitations. 
 
 Text-Books. 
 
 Study and Work. 
 
 Beginning. 
 
 - CD 
 
 5 
 
 a 
 1 
 
 
 
 
 Branch. 
 
 Book. 
 
 Primary 
 Form. 
 
 Middle 
 Form 
 
 
 Hr. 
 
 Min. 
 
 Upper 
 Form. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The second part of the register should consist of blank 
 pages for entering the school number, name, age, sex, daily 
 attendance and tardiness of every pupil that attends the 
 school, with a blank column at the right of the page, if de- 
 sired, for a monthly summary, and one for "remarks." Fol- 
 lowing is a model for this section. Usually there is space 
 for four months of record upon two contiguous pages. 
 
 Teachers' ] 
 
 Daily Register, for the Term Commencing 
 
 -, and Ending 
 
 , 188—. 
 
 
 
 School Months, from to . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Monthly 
 
 
 
 
 
 Sex. 
 
 >^ 
 
 >~ 
 
 -a 
 
 TO 
 
 
 p^ 
 
 t^ 
 
 TO 
 
 ■o 
 
 03 
 
 o3 
 
 
 
 Summaries. 
 
 
 ^ 
 
 
 
 1=1 
 
 CD 
 
 4^ 
 
 cc 
 
 so 
 
 Remarks. ' 
 
 0) 
 
 
 
 
 0/ 
 
 (T( 
 
 o: 
 
 01 
 
 -o 
 
 i>- 
 
 T) 
 
 
 
 X! 
 
 t>i 
 
 
 ft 
 
 a 
 
 
 
 .^2 
 S 
 
 
 (£ 
 
 0^ 
 
 03 
 
 
 -o 
 
 a 
 
 3 
 
 CS 
 
 
 CO 
 
 i-l 
 
 
 o3 
 
 -a 
 
 "ci 
 
 CD 
 
 03 
 
 >1 
 
 a' 
 
 a 
 
 
 
 
 be 
 
 03 
 
 
 s 
 
 5 
 H 
 
 ^ 
 
 
 
 § 
 
 
 • • 
 
 
 j-1 
 
 •• 
 
 o 
 
 o3 
 
 o 
 
 o3 
 
 Q 
 
 
185 
 
 The third part of the register should consist of blank 
 pages for showing the classification of the school, and re- 
 cording the progress and standing of each pupil in the sev- 
 eral branches of study pursued. Following is a model page 
 of this section, which can be repeated for each class in the 
 school: 
 
 FIRST (OR SECOND. OR THIRD) CLASS IN GEOGRAPHY. 
 
 Winter (or spring or fall) Term, beginning , ending 
 
 Class coaiLueuced Geography, and advanced to page 
 
 6 
 
 Name. 
 
 6 
 to 
 
 . Entered 
 
 Lett. 
 
 Passed 
 
 over 
 
 pages. 
 
 a 
 
 a 
 
 Pre|L.a'd 
 
 to go on 
 
 from 
 
 Remarks, 
 
 1. 
 
 2. 
 
 John Jones 
 Jane Smith 
 
 15 
 13 
 
 Nov. 1 
 Nov. 8 
 
 March 5 
 March 8 
 
 19-78 
 25-68 
 
 100 
 68 
 
 P^ge78. 
 Page 68. 
 
 Studious. 
 Inclined to 
 be frivol- 
 
 3. 
 
 H. Peters.. 
 
 14 
 
 Nov. 10 
 
 March 5 
 
 19-66 
 
 100 
 
 Page 66. 
 
 ous. 
 
 Mother sick. 
 Made up all 
 gone over 
 to Nov. 10. 
 Will proba- 
 bly make 
 up during 
 vacation to 
 page 78, so 
 as to go on 
 with class. 
 
 The fourth part of the register should consist of a pupil's 
 record for the school year, or ledger, which will be statistics 
 posted from the daily register, and upon which the clerk 
 may depend for making up his annual report for the town 
 clerk. In this record, no pupil's name should be entered but 
 once in any one school year. In all the series of records 
 each pupil should be given a school number, which he should 
 carry through the school year, whether attending school 
 much or little, and this number should be assigned to no 
 other pupil during that year. Following is the form of this 
 section that may be used. 
 
186 
 
 i'upi 
 
 Is' Kecori tor 1 
 
 ;he bchool Year commencing — 
 ending , 188 — . 
 
 
 — , 188— ancl 
 
 
 
 
 Sex. 
 
 1st 2IONTH. 
 
 2d Month. 
 
 
 
 
 
 
 
 jj 
 
 
 
 -1^ 
 
 
 
 
 No. 
 
 Name. 
 
 
 :a 
 
 F 
 
 CO 
 
 CD 
 U 
 
 Ah 
 
 id 
 
 00 
 
 a 
 
 CO 
 
 4^ 
 
 CD 
 < 
 
 s 
 
 H 
 to 
 
 Remarks. 
 
 
 
 • 
 
 
 
 CO 
 
 CO 
 
 cu 
 
 CO 
 
 to 
 
 m 
 
 
 
 
 
 
 
 
 ^ 
 
 a 
 
 ^ 
 
 
 g 
 
 
 
 
 < 
 
 
 
 fi 
 
 Q 
 
 H 
 
 p 
 
 Q 
 
 H 
 
 
 Notes.— In filling up the daily register, the teacher will, of course, use 
 her own preference in signs. The following are suggested: To indicate 
 presence In the morning this mark — /; to indicate presence in the af ter- 
 ternoon this mark— \; so that if the pupil is present morning and after- 
 noon this sigQ will appear against the name for that day — X. If tardy in 
 the morning the number of minutes may be placed in the upper angle, 
 
 10 V 
 
 thus— X; if tardy in the afternoon, indicate in the same way thus— 15. 
 
 Tiie teacher should take the age of the cnild, when taki ig the name, and 
 indicate the sex, as initial letters fail to give the necessary iaformation. 
 
 The teacher should carefully add the columns in the daily register at 
 the end of each month, which need to be trausfe red to the ledger, and en- 
 ter the summary therein accurately and legibly. 
 
 It is very d-sirable that each district in tie state be fully and accurately 
 reported. If one district in a t-)wn fails to report fully, the whole town 
 suffers from this failure, in comparison with other towns t lat may be 
 fully reportei. 
 
 That the register be neatly kept, it will be be^t for the teacher to use a 
 small blank >o k, in which may be registere 1 the ab? n les for the day, 
 and then at night the register may be properly filled and fojted. 
 
 No. 26. 
 
 Form of notice to town treasurer of apportionment of school moneys by 
 
 the town clerk. 
 
 Treasurer of the toivn of 
 
 You are hereby notified that I have apportioned the school 
 moneys now in your hands^ to the different districts of the 
 town, as follows: 
 
 To district No. 1 $ To district No. 6 % . . $ 
 
 do 2 do 7 
 
 do 3 To joi' t dist. . .1 
 
 d) 4 do 2 
 
 do 5 do 3 
 
 Dated this day of , 18 — . , 
 
 (Signed.) Toivn Clerk. 
 
1.87 
 
 KOTE—Immed lately upon the receipt of the certificate of the town treas- 
 urer, of 'he a'l ouut in his h nds (See form No. 27), the clerk shall proceed 
 to apportion it aniMup^ the several dist ics of the town from which reports 
 have been received according to law, and thereupon he will notify the 
 treasurer as abi.ve, i hat he may pay the moneys to the treasurers of the 
 districts entitled to the same. 
 
 No. 27. 
 
 Form of certificate of town treasurer of moneys in his hands subject to 
 
 apportionment. 
 
 To the town clerk of the town of ; 
 
 I hereby certify that there is now in my hands the sum of 
 $ , school moneys, subject to apportionment to the school- 
 districts entitled thereto. 
 
 Dated this day of , 18 — . 
 
 (Signad. 
 
 A. B., 
 Totun Treasurer. 
 
 No. 28. 
 
 Form of report of town clerk to the county superintendent, of the names 
 aijd post-office addresses of the district clerks in his town. 
 
 To the county superintendent of schools of the county of .• 
 
 Sir: — I hereby report to you the names of the school-dis- 
 trict clerks in the town of , and their addresses, as 
 
 follows: 
 
 District. 
 
 Name of Clerk. 
 
 Post-oflace 
 
 
 No. 1 
 
 A. B.... 
 
 
 No. 2 
 
 C. D 
 
 
 No. 3 
 
 E. F 
 
 
 No. 4 
 
 G. H 
 
 
 No. 5 
 
 I. K 
 
 
 No. 6 
 
 L. M 
 
 
 Joint No. 1 
 
 N. 
 
 
 2 
 
 P. R 
 
 
 3 
 
 S. T 
 
 
 
 
 
 (Signed.) 
 
 A. W., Town Clerk. 
 
 Note— The town c'erk must repTt his own name and post-office to the 
 county superintendent within ten days afttr the said clerk's election, or 
 appointment, and the name and office of each district clerk in his town, 
 •within itn days after the filing of the same in his office. 
 
188 
 
 No. 29. 
 
 Form o£ determination of rf-lative proportion of taxes to be assessed upon 
 the different parts of a joint district, sicu tted in two or more towud. 
 
 Upon the application of A. B., C. D., and E. F., tax-payers 
 
 in joint school-district IsTo.^ — , of tlie towns of and , 
 
 we have made the necessary inquiry and examination, and 
 do hereby determine that for every dollar of district tax to 
 be hereafter levied upon that portion of the district, the sum 
 of cents shall be assessed upon that portion of the dis- 
 trict lying in the town of , and cents upon that part 
 
 lying in the town of . 
 
 Dated this , 18—. 
 
 (Signed.) G. H., ) Assessors 
 
 J. K.^ of 
 
 L. M., ) 
 
 N. O., ) Assessors 
 
 S. T.,) 
 
 Note.— If assessors cannot agree, and the supervisors, or supervisors and 
 a chairman of an adjoining tovvn are called to ac, they will also sign the 
 above. See section 471. 
 
 No. 30. 
 
 Form of statement of the amount of taxes voted to be raised in a school- 
 district, to be delivered by the dis.rict clerk to the town clerk. 
 
 To R. S., town clerk of the toivn of ; 
 
 The amount of taxes voted to be raised in school-district 
 
 No. — , of the town of , at the last annual meeting of said 
 
 district, held on the day of July, 18 — , is [write the 
 
 amount iti words] dollars; which amount you are requested 
 to assess upon the taxable property therein. 
 
 The following is a list of the names of the persons and cor- 
 porations liable to a school-district tax in said district: 
 [Here insert the names of the persons and corporations.] 
 
 Dated this day of , 18 — . 
 
 (Signed.) C. D., 
 Clerk of the School-district No. — , of the town of . 
 
 State of Wisconsin, County of , ss. 
 
 C. D., being duly sworn, on oath says .that he is clerk of 
 school-district No. — , of the town of , and the above state- 
 ment by him made of the amount of taxes voted to be raised 
 said school-district, and the lists of persons and corporations 
 liable to a school-district tax therein are true. 
 
 (Signed.) C. D. 
 
 Subscribed and sworn to before me this day of , 
 
 18—. 
 
 (Signed.) J. P., 
 
 Justice of the Peace. 
 
189 
 
 Note. — If a district has been lately organized and a tax was voted at the 
 first mee in?, as well as at the annual meeting, that should be stated; also 
 any tax voted at a special meeting, held between the time of the annual 
 meetmg and the third Monday of November followicg. 
 
 No. 31. 
 
 Form of statement of the amount of taxes voted to be raised in a joint 
 district, to be delivered to the clerk of each town in which any part of 
 the district is situated. 
 
 To R. S., towji clerk of the town of .■ 
 
 The amount of taxes voted to be raised •in joint school- 
 district No. -^, of the towns of and , at the last an- 
 nual meeting of said district, held on the day of July, 
 
 18 — , is [write the amount in ivords] dollars; and the propor- 
 tion of that amount to be raised in that part of said district 
 
 which lies in the town of ,is [write the amount in ivords^ 
 
 dollars, which you are requested to assess upon the taxable 
 property therein. 
 
 The following is a list of the names of the persons and 
 corporations liable to a school district tax in that part of the 
 
 district lying within the town of [here insert the names 
 
 of the persons and corporations^. 
 
 (Signed.) C. T>., 
 
 Clerk of Joint School-district No. — , 
 Of the towns of and . 
 
 Note. — Attach affidavit of the district clerk similar to the one given in 
 form No. 30. 
 
 No. 32. 
 
 Form of application to board of supervisors to es'^ablish a school-house site. 
 
 To the hoard of supervisors of the town of .• 
 
 At a regular meeting of school-district No. — , it was de- 
 cided by a vote of a majority of the electors present, to apply 
 to your honorable board to establish a school-house site for 
 said district. The district has selected [here describe the lo- 
 cation of the site selected], but is unable to obtain the same, 
 for the reason that the owner of the land selected will neither 
 lease nor sell the same to the said district [or that the owner 
 is a non-resident]. 
 
 (Signed.) A. B., 
 
 District Clerk. 
 
190 
 
 No. 33. 
 
 Form of certificate of district clerk that the notice for the nieetiag of the 
 supervisors to est^^blish a school-house site has been given. 
 
 To the hoard of supervisors of the town of ; 
 
 I hereby certify that on the day of ■, I served the 
 
 followm^ notice upon the owner and occupant of the land 
 therein described: [^Here insert the notice i7i form 34.] 
 
 Dated this day of , 18 — . 
 
 (Signed.) A. B., 
 
 District Clerk. 
 
 Note.— In case there is no account of th^ Ian is sele^ted for a site, and 
 the owner is unknown or resides out of the state, the uotice must be pub- 
 lished in the nearest newspaper, for six weeks previous to the mee'ing of 
 the board of supert^isors, and the above certificate must state the facts of 
 such publication, iustead of personal service. 
 
 No. 34. 
 
 Form of notice for meeting of supervisors to decide upon an application 
 to locate and establish a school-house site. 
 
 Tiie undersigned will be present at -, on the day of 
 
 — — , at o'clock in the noon, to decide upon the ap- 
 plication of school-district No. — , for the location and estab- 
 lishment of a school-house site for said district upon \liere 
 describe the lands upon which it is proposed to establish the 
 site.^ 
 
 Given under our hands, this day of , 18 — . 
 
 (Signed.) A. B., ) Supervisors 
 
 .C. T)., Y of the toivn 
 E. F., ) of . 
 
 Note, — In case the application is made by a joint district, the supervis- 
 ors of all the towns in which any part of the district is situated, must siga 
 the above notice and be present at the meeting to establish the site. 
 
 No. 35. 
 
 Form of certificate of action of town board of supervisors in locating and 
 establishiiig school-house site. 
 
 We hereby certify that on the day of , A. D. 18 — , 
 
 we located and established a school-house site for school- 
 district No. , comprising the following described terri- 
 tory [here describe the tabids taken for a site according to 
 
 the survey of the saine], and award the sum of dollars in 
 
 full as compensation to the owner [if there are two or more 
 owners of the lands taken, specify the amount awarded to 
 .each], of the lands thus taken for said school-house site. 
 
 Dated this day of , 18 — . 
 
 (Signed.) A. B., ) Supervisors 
 
 C. D,, >• of the town 
 E.F.,i of . 
 
191 
 
 Note. — The certificate of the ac'^ion of town boards of supervisors in 
 locating and establisliing an addition to a school-hoase sire, will be the 
 same as above, except that in the second line, after the wor i ' establis 'ed,'" 
 the « Old '"a" w 11 be <'mitted, and the words " an addition to the " will 
 be inserted; and tlie last two lines wid be ni-ide to read, "taken for said 
 addition to said school-house site." 
 
 IC^Duplicates of the ab 've certificates must be made out, and one of 
 them must be delivered to the owner or occupant of the land taken, and 
 the other t > the district clerk of the district, who must have th-^ same 
 recorded in the office of the register of deeds of the county in which the 
 site is situated. 
 
 No. 36. 
 
 Form of certificate of the sheriff of a vacancy in the office of county 
 suptriutendent of schools. 
 
 To , Skite Superintendent: 
 
 Sir: — I hereby certify that a vacancy in the office of 
 
 countj^ superintendent of schools occurred on the day 
 
 of , 18 — , by [Jiere state the cause of the vacancy, whether 
 
 by death, resignation, removal from the county, or the re- 
 moval from office of the incumbent]. 
 
 Given under my hand and seal of office, this day 
 
 of ^,18—. 
 
 (Signed.) A. B., 
 
 * Sheriff of County. 
 
 No. 37. 
 
 Form of certificate of a county clerk, of the division of a county into two 
 superintendent districts, and of a consequent vacxncy in the office of 
 county superintendent of schools. 
 
 To , State Superintendent: 
 
 Sir: — I hereby certify that on the day of , 18 — , 
 
 the board of supervisors of the county of , divided said 
 
 county into two superintendent districts; that they have 
 determined that the present county superintendent shall 
 have jurisdiction of district No. — , and that district No. — , 
 therefore remains vacant. 
 
 Given under my hand ani seal of office, this day 
 
 of , 18—. 
 
 (Signed.) A. B., 
 
 County Clerk of County. 
 
 No. 38. 
 
 Form of statement of number of children of s'^hool age in a county, made 
 by county superintendent for county treasurer. 
 
 To A. B., treasurer of the county of .• 
 
 Sir: — The following is the number of children over the age 
 of four and under the age of twenty years, in those districts 
 
192 
 
 of the several towns in this county [or superintendent dis- 
 trict, as the case may be] which have maintaind school for 
 five or more months the past school year, as returned to me 
 by the town clerks: 
 
 Town. 
 
 Number of Children. 
 
 Town. 
 
 Number of Children. 
 
 A . . . 
 
 
 D 
 
 
 B ... 
 
 . 
 
 E 
 
 
 G ■ 
 
 
 F 
 
 
 
 
 
 
 Dated this 10th day of October, 18^. 
 (Signed.) 
 County Superintendent of Schools for 
 
 Note. — Thf above statement must be filed with the county treasurer on 
 or before the tenth day of October in each year. 
 
 G. H., 
 
 — County. 
 
 No. 39. 
 
 Form of notices to teacher and district clerk of the intention of the county 
 superintendent to annul said, teacher's certificate. 
 
 To A. B., teacher in school-district No. — , town of .• 
 
 Sir: — Your are hereby notified that it is my intention to 
 annul the certificate of qualifications now held by you as a 
 teacher. 
 
 (Signed.) B. B., 
 County Superintendent of Schools for County. 
 
 To E. F., clerk of school- district No. — of the town of 
 
 Sir: — You are hereby notified that it is my intention to 
 
 annul the certificate of qualification held by , now 
 
 employed in teaching in your district. 
 
 Dated this day of , 18 — . 
 
 B. B., 
 
 — County. 
 
 (Signed. 
 County Superintendent of Schools for 
 
 Note. — The above notices must: be served upon the teacher and district 
 clerk at least ten dajs before the certificate is annulled. 
 
 No. 40, 
 
 Form of annulment of teacher's certificate and notice to town clerk. 
 
 To A '^B., 
 
 Sir: — The certificate of qualification held by you as a 
 common school-teacher in the county [or superintendent 
 district, or toivn] of , issued on or about the^ day of 
 
 -, 18 — , is hereby annulled. 
 
 Dated this day of , 18 — . 
 
 (Signed.) 
 County Superintendent of Schools for 
 
 CD.. 
 
 — County. 
 
193 
 
 Note. — The above annulment will not take effect until the following 
 notice has been filed with the town clerk of the town in which the teacher 
 whose certificate is annulled, is engaged in teaching. 
 
 To the toum clerk of the town of ; 
 
 Sir: — You are hereby notified that on the day of , 
 
 A. D. 18 — , I annulled the certificate of qualification held by 
 A. B., a teacher of your town, for the reason that, in my 
 opinion, the said A. B. does not possess the requisite qualifi- 
 cations as a teacher in respect to [moral character, learning, 
 or ability to teach, as the case may be]. 
 
 Dated this dav of , 18 — . 
 
 (Signed.) ' C. D. 
 
 County Superintendent of Schools for the County 
 of . 
 
 13— S. C. . 
 
194: 
 
 APPLICATIOX FOR DICTIONARIES Al^D MAPS. 
 
 No. 41. 
 
 Fotm of application for first supply of a school-district. 
 
 State of Wisconsin, county of , ss: 
 
 , being duly sworn, deposes and says that district 
 
 No. — , in the town of , county of , has never been 
 
 supplied with Webster's Unabridged Dictionary, by the 
 state, as provided by law. 
 
 Subscribed and sworn to before me, 
 this day of , 18 — . 
 
 District Clerk. 
 Post oflQce - 
 
 / Send by express to , care of 
 
 No. 42. 
 
 Form of application for supply of additional departments. 
 
 State of Wisconsin, County, ss. 
 
 , being duly sworn, deposes and says that the fol- 
 lowing department — in district No. , in the of , 
 
 in the county of , ha — never been furnished with Web- 
 ster's Unabridged Dictionary by the state, as provided for 
 
 bylaw; department — unsupplied, ; department — 
 
 heretofore supplied, . 
 
 Subscribed and sworn to before me, "] 
 this day of , 18 — . I 
 
 District Clerk. 
 Post-office — 
 
 Send by express to , care of 
 
 J 
 
 No. 43. 
 
 Form of application for supply of additional departments in cities. 
 
 State of Wisconsin, Coun ty, ss. 
 
 , being duly sworn, deposes and says that the 
 
 public schools in the city of , county of , embrace 
 
195 
 
 distinct departments, in as many different rooms (not 
 
 including recitation rooms), under different teachers, and 
 that the following departments in said schools have never 
 been supplied with Webster's Unabridged Dictionary, as 
 provided by law: 
 
 Departments unsupplied. 
 
 Departments heretofore supplied. 
 
 City Superintendent. 
 
 Subscribed and sworn to before me, ] 
 this day of , 18 — . I 
 
 . J 
 
 Send by express to , care of . 
 
 No. 44. 
 
 Form of application for dictionaries by the secretary of a town board. 
 
 State of Wisconsin, County of , ss. 
 
 -, being duly sworn, deposes and says that the 
 
 following subdistrict — , in the town of , county of 
 
 ha — never been supplied with Webster's Unabridged Dic- 
 tionary, as provided by law; subdistricts unsupplied, : 
 
 subdistricts heretofore supplied, . 
 
 Secretary of Town Board of Directors. 
 
 Post-office, — 
 Subscribed and sworn to before ~ 
 me, this day of , 18 — . 
 
 Send by express to , care of 
 
 J 
 
 No. 45. 
 
 Form for application for re-supply, whea dictionary previously furnished 
 
 is lost. 
 
 State of Wisconsin, County, ss. 
 
 , being duly sworn, deposes and says that district 
 
 No. — , in the town of , county of , has lost by , 
 
196 
 
 the copy of Webster's Unabridged Dictionary heretofore fur- 
 nished to said district by the state. 
 
 District Clerk. 
 Post office, — 
 
 Subscribed and sworn to before me, this day of - 
 
 .18—. 
 
 :Send by express to , care of . 
 
 JS'OTE. — The price of the dictionary must accompany the application. 
 
 No. 46. 
 
 Form of application for re-supply, when dictionary previously furnished 
 
 is worn out. 
 
 State of Wisconsin, County, ss. 
 
 , being duly sworn, deposes and says that the dic- 
 tionary heretofore furnished to district No. — , in town of 
 , county of , is so worn out as to be unfit for use. 
 
 District Clerk. 
 
 Subscribed and sworn to before me, this day of , 
 
 18—. 
 
 Send by express to , care, of . 
 
 I^" The last two forms above can be altered to meet circumstances, in 
 case the application for a re-supply is for a graded school in a city or vil- 
 lage. 
 
 ly Dictionaries are not furnished free for a re-supply, but at the cost to 
 the state. Those now on hand (May, 1885) cost $7. The money, or a money 
 order, or a draft must in all cases accompany tbe application. It is better 
 to send a money order or draft, as the state is not responsible if the money 
 is lost. 
 
 Jt^" Applications for dictionaries must be made by the district clerk, the 
 secretary of the town board, or the superintendent of the schools in a city 
 or incorporated villagt, and the post-office of the applicant should be 
 given as well as the nearest express station. Dictionaries cannot be sent 
 by mail. 
 
197 
 
 No. 47. 
 
 Form of application for map of Wisconsin. 
 
 , State Superintendent: 
 
 Sir — I hereby make application for cop — of Nico- 
 
 demus & Conover's map of Wisconsin, for use in . 
 
 Name , 
 
 Office . 
 
 , Wis., , 188-. Post-office . 
 
 Send by express to . 
 
 Care of . 
 
 Note— The money must be sent in advance; the applicant must be a 
 public officer or teacher; the maps are furi ished only for public use, or 
 schuolsf. If wanted for a school-district, the clerk may apply. TJie price of 
 the map is $2. 
 
198 
 
 FREE HIGH SCHOOLS. 
 
 No. 48. 
 
 Form of resolution proposing establishment of a high school. 
 
 In order that the question of establishing and maintain- 
 ing a high school in the town of may be submitted to 
 
 the electors thereof for determination, the following resolu- 
 tion is hereby proposed for adoption: 
 
 Resolved,hy the town hoard of the town of , That a 
 
 high school be established and maintained in said town. 
 The town clerk is directed to give notice that said resolution 
 will be submitted to a vote at the annual town meeting {or, 
 
 general election) to be held in said town on the day of 
 
 , 18 — , {or at a special town meeting or election to be 
 
 held on the day of ,18 — , which the town clerk is 
 
 hereby required to call upon due notice). 
 
 Dated this day of , 18 — . 
 
 {Signatures of Board.) 
 
 No. 49. 
 
 Form of notice that foregoing resolution will be submitted to vote. 
 Notice is hereby given to the electors of the town of 
 
 in the county of , that at a special election which is 
 
 hereby called (or at the annual town meeting, or general elec- 
 tion) to be held in said town on the day of , 18 — , 
 
 the following resolution will be submitted to the vote of said 
 electors: 
 
 Resolved, etc. [as in the foregoing]; and that at said elec- 
 tion members of the high school board will be chosen, to 
 take their offices if said resolution be adopted, the clerk for 
 one year, the treasurer for two years, and the director for 
 three years; their respective terms of office beginning with 
 the annual town meeting. 
 
 Dated this — day of , 18—. 
 
 (Signed.) , Town Clerk. 
 
 Note.— The above forms may be used with the proper changes, in the 
 cas^ of incorporated villages, or gra le t school-districts, thj call and notice 
 to bs signed by the village or district clerk. 
 
 In case the call is for special school-district iiieeting, it must be signed 
 by at least five legil voters of the district, and the notice given at least six 
 days before the time appointed. 
 
199 
 
 No. 50. 
 
 Form of certiBcate to be forwarded to the state superintendent to secure 
 participatioa in apportionment to free liigh schools. 
 
 This may certify, that on the day of , 188 — , the 
 
 legal voters of the town of [or towns of , where two 
 
 or more towns unite, or of school-district No, — ,town of , 
 
 where vote is by a school-district, or city, or village] adopted 
 a resolution to establish and maintain a free high school in 
 said town (or towns, or school-district), and the persons 
 whose names are hereunto appended have been duly elected to 
 the office appended to their names, respectively. We further 
 certify that no (or one or more) graded school exists in 
 
 said of . The course of study adopted by said high 
 
 school board for said high school is herewith submitted for 
 the approval of the state superintendent, and the names and 
 
 examination papers of , pupils prepared to enter said high 
 
 school, who are residents of said town (or towns, or school- 
 district) of , are herewith for warded for inspection. The 
 
 examination of these pupils was held on the day of , 
 
 188 — , and was conducted by . 
 
 Dated at , this day of , 188 — . 
 
 Director. 
 
 Clerk. 
 Treasurer. 
 
 Note. — With this certificate the exam-nation papers of at least twenty- 
 five pupils, residents of t'le high school district, should be forwarded. The 
 character and scope of these examinations are commented upon in the 
 high school pamphlet. 
 
200 
 
 TOWNSHIP SYSTEM OF SCHOOLS. 
 
 No. 51. 
 
 Form of petition. 
 Tc M. S., Town Clerk: 
 
 The undersigned electors of the town of , hereby peti- 
 tion that the question of township school government in 
 said town may be submitted to the electors thereof, at the 
 ensuing annual town meeting (or, general election). 
 
 Dated this day of , 18 — . 
 
 (Signed.) , 
 
 Note. — The petition is to be signed by at least ten electors of the town. 
 
 No. 52. 
 
 Form of notice to be given by town clerk. 
 
 Notice is hereby given that at the annual town meetings 
 
 (or, general election), to be held in said town of , on 
 
 the day of , 18 — , the question of township school 
 
 government in said town will be submitted to the electors 
 thereof, a petition therefor having been presented to me 
 signed by ten electors of said town. 
 
 Dated this day of , 18^ — . 
 
 (Signed.) , Toum Clerk. 
 
INDEX. 
 
 A. , ■ 
 
 ACADEMIES— Page. 
 
 incorporated, to report to state superintendent 168 
 
 ACCEPTANCE — 
 
 of district office by two oBBcers necessary to organization of 
 
 district 7 
 
 must be in writing, and filed with tiie district clerk 7 
 
 ACCOUNT- 
 
 of district board for expenses to be presented to district 
 
 meeting for allowance 53 
 
 to be kjpt by the district treasurer 69 
 
 ACTIONS — 
 
 to be brought under the compulsory law 65 
 
 director to appear in, for district 67 
 
 director to commence, on trea urer's bond 67 
 
 against town treasurer by district treasurer 70 
 
 against county t' easurer by town treasure r = . 105 
 
 agairst district trea-urer by district 67 
 
 may be brought by any elector in certain cases 136 
 
 against distiict clerk tor neglect to make re|.>ort. 135 
 
 against town clerk for neglect to make rep rt 135 
 
 against county supeiintendent for neglect to make report. . 135 
 
 ADJOURNMENT — 
 
 of school district meeting 25 
 
 notice for, when for a longer time than one month 17 
 
 ADMISSION — 
 
 of pupils from other districts 26-40 
 
 of persons over twenty into the public schools 26, 40, 59 
 
 AFFIDAVIT — 
 
 of district clerk to be attached to his annual report 98 
 
 to statement of taxe- voted 107 
 
 must accompany appeals 130,131, 133 
 
 must be made to application for dictionaries 137 
 
 AGE OF CHILDREN — 
 
 entitled to attend school free 171 
 
 ALTERATION — 
 
 of proceedings of district meetings 27, 44, 45 
 
 ALTERATION OF SCHOOL-DISTRICTS — 
 
 to be made by to«n board of supervisors 1,2 
 
 notice of meeting of supervisors to consider 8 
 
 notice of, to be tiled with towu clerk and diatrict clerk 9 
 
202 
 
 ALTERA.TION OF SCHOOL-DISTRICTS— continued. Page. 
 
 not to take effect within three mont 'S without consent of 
 
 district board 9 
 
 not to take effect between the first day of D cember and 
 
 the drsr. day of April following 9 
 
 of joint districts, how made 5 
 
 of joint di-trlcts, embra'-ing villages or cities 13 
 
 of subdistricts. how made 140 
 
 ANNUAL DISTRICT MEETING— 
 
 when to be held '. 15 
 
 not to be dee ned illegal for want of notice 17 
 
 notice for, how given 17 
 
 powers of 25-45 
 
 ANNUAL REPORT- 
 
 of district clerk 98-103 
 
 of town clerk 103 
 
 of county superintei dent 103 
 
 of city superintendent or clerk 103 
 
 of btate superintendent 103 
 
 ANNULLMENT— 
 
 of teachers' certificate by county superintendent 80, 87, 93, 134 
 
 noti e thereof to be filed with town and district clerk 80 
 
 of teachers' state certifijate, by state snperinteadent 76, 81, 84 
 
 APPARATUS— 
 
 naonpy to purchase may be raise i by tax 26, 38 
 
 may be purchased by dicstrict b ard ... 53 
 
 APPEALS - 
 
 from refusal of county snperintendent to grant a certificate 
 
 may be taken b}'^ applicant 79, 119, 134 
 
 may be taken by other persons in certain cases 128 
 
 decisions of state supe in en lent final 169 
 
 decision to be made within thirty days after the hearing 
 
 thereof is closed 129 
 
 regulations concerning , 130 
 
 APPENDAGES- 
 
 board to provide for the school-house 53 
 
 APPOINTMENT— 
 
 to fill vacancy in district board , 49 
 
 APPORTIONMENT OF SCHOOL MONEYS— 
 
 by town clerk 104,155 
 
 by st te superintendent 153 
 
 not to b- made to districts failing to comply with the law. . 153 
 
 how affected by alteration of districts 156 
 
 B. 
 
 BLACKBOARDS— 
 
 money may be voted for 26 
 
 BOARD— 
 
 (See county board rf supervisors.) 
 (See town boaril of directors.) 
 (Ste town board of supervisors.) 
 (See district board.) 
 
203 
 
 BOOKS — Page- 
 for records and other purposes, to be purchased by district 
 
 board 53 
 
 for r. fi;isier, to be furnished by district clerk ^ 71 
 
 to be furnished to indigent pupils 53,65 
 
 text-books t > be determined by district board 62, 63 
 
 text-books adopted by city and village boards of education. 139 
 
 text-books may be purchased by district 26, 43 
 
 text-books purchased by city and vil age boards of educa- 
 tion 139 
 
 BORROWING MONEY — 
 
 by school-districts 109, 110 
 
 by boaid of scliool directors 149 
 
 BRANCHES — 
 
 to be taught in school 73 
 
 additional ones may be taught 73 
 
 c. 
 
 CERTIFICATE — 
 
 of value of s'hool-houses, etc 12 
 
 of town treasurers of moneys to be apportioned 105 
 
 of qualification granted to teachers 75, 85 
 
 three grades established 75 
 
 tliird grade, what studies applicants for, must be exam- 
 ined in 75 
 
 second grade, what studies appJic.Hnts for, must bo exam- 
 ined in 75 
 
 first g-ade, what studies applicant « for, must be exam- 
 ined in 75 
 
 of graduates of free high schools may be countersigned, 
 
 and have fore- of first grade certificates for four years. . . 79 
 
 may be annulled 76, 80, 81, 84 
 
 teachers' state, provided for 77, 80, 83 
 
 teachers' state, conditions of 81,85 
 
 diplomas of graduates of state normal schools, Milwaukee 
 normal sch ol, state university, and other colleges, con- 
 verted into teachers' state 83, 85 
 
 of judgmcLit against school-district 119 
 
 CHALLENGE — 
 
 of voters 22 
 
 CHILDREN — 
 
 of town or county poor, how educated 139 
 
 CITIES — 
 
 districts Iving in. how a''ered 13 
 
 no part of, to be embodied in new joint districts 13 
 
 to make report to county superintendent in certain cases. . . 103 
 
 to be governed by tbe cimimon school code in certain cases. 140 
 
 powers of boards of education in cities 140 
 
 CLERK — 
 
 (See district clerk, town clerk.) 
 
 COLLEGES — 
 
 incorporated to report to 8*ate superintendent 168 
 
204 
 
 COMMON SCHOOLS — Page. 
 
 to be free to children of certain ages 171 
 
 no sectarian instruction to be allowed therein " 171 
 
 fund for support of \ 171 
 
 to be maintained bix months in each year, or not share in 
 
 the fund 153 
 
 fund, how distributed 136 153 
 
 what shall be taught in '. ' 73 
 
 government of .... 59 
 
 exercises in, must be conducted in the English language. . 68, 73, 74 
 
 COMPULSORY EDUCATION— 
 
 law relating to 64-67 
 
 CONSTITUTIONAL PROVISIONS— 
 
 in regard to state superintendent 171 
 
 in re ard to school fund 171 
 
 in regard to common schools 171 
 
 CONSTITUTIONS- 
 
 to be taught in common schools 73 
 
 CONTRACT— 
 
 with teacher to be made by district board 55-59 
 
 certificate to be attache^l thereto 55 
 
 to be filed in clerk's office 55 
 
 COUNTY BOARD OF SUPERVISORS- 
 
 to levy school tax upon the towns 152-154 
 
 COUNTY SUPERINTENDENT— 
 
 to examine and license teachers 87 
 
 to visit ^chools 87 
 
 to direct dist ict board to rej air schoul-houses 87 
 
 to declare school-house unfic for use 87 
 
 to annul teachers certificate 80,87,93 
 
 to report to ounty clerk and state superintendent annually 88, 103 
 to transmit to state superintendent names and post-offices of 
 
 town clerks , 88 
 
 to hold teachers' institutes 88 
 
 to divide his county into inspection districts 88 
 
 to notify district clerks of time and place of meeting for ex- 
 amination of teachers 88 
 
 to hold two meetings for examination of teachers in each in- 
 spection district annually 88 
 
 may give applicant private examination 88 
 
 to give couucy treasurer stat<-me'it of number of children 
 
 in his couniy (.ver 4 and under 20 years of age 103 
 
 may annul teacher's certificate 80, 87, 93 
 
 to give not ce of intentiofi to annul certificate 80 
 
 to file notice of annulment with town and district clerk. . 80 
 to give per- on api ealing from his refusal to grant a certifi- 
 cate, h s reasons fur such refusal 79 
 
 not to act as agent for author, publisher or book seller 136 
 
 not to engage in teaching or other occupation , . 89 
 
 to attend annually one convention of county superintend- 
 ents 170 
 
205 
 
 COUNTY TREASURER- Page. 
 
 to apply to ftate treasurer for school money apportioned by 
 
 state superi itendent " 155 
 
 to give notice to town and city treasurers 155 
 
 how to aispo:e of moneys uncalled for 156 
 
 D. 
 
 DEBTS— 
 
 of school-district, tax may ue vofed for 26, 28 
 
 of extinguished district, how paid 14 
 
 DECISION— 
 
 of district meeting, town supervisors, etc., may be appealed 
 
 fr. m 128 
 
 of btate buperinteodent to be final 169 
 
 DEED — 
 
 district board may execute 50 
 
 DICTIONARY — 
 
 Webster's, to be furnished to school-districts 137 
 
 DIRECTOR — 
 
 when to be elected 22 
 
 term of office 45 
 
 to call special district meetings in certain cases 18 
 
 to countersign orders on treasurer 67 
 
 to prosecute district treasurer 67 
 
 to demand additional security of treasurer 68 
 
 to prosecute for non-attendance at school . . 65 
 
 DISTRIBUTION- 
 
 of income of school fund 152 
 
 DISTRICT — 
 (See school districts .) 
 
 DISTRICT BOARD - 
 
 who shall constitute it ' 47 
 
 legal meeting of 47 
 
 to fill any vacancy in their own number 49 
 
 to purchase or lease site for school-house 50 
 
 to build school-house , 50 
 
 to construct school-house with doors swinging outward. ... 50 
 
 to sell school-house or site 50 
 
 to have the care of school- house, etc 52 
 
 to provide appendages for school-houses 52 
 
 to keep school-house in repair 52 
 
 to purchase apparatus, record books, blanks, etc 53 
 
 to present account of exp nses incurred to district meeting 53 
 mty purchase school books for children whose parents are 
 
 unable to furnish them 53 
 
 to levy school tax in certain cases 55 
 
 to hire teachers ,,. 55 
 
 may make rules for the government of the district school. . 59 
 
 may suspend or expel pupils 59 
 
 have power to adopt text-books 62 
 
 to visit and supervise schools 63 
 
 to ascertain what children do not attend school 64 
 
 to furnish sucli children text-books 65 
 
203 
 
 DISTRICT CLERK - 
 
 to include monpys due new districts in statement of tax Page. 
 
 made to town clerk 11 
 
 to give notice of district meeting 17 
 
 to call special meetings 18 
 
 to demand additional security of treasurer 68 
 
 to report name and post-oflBce of district officers to town 
 
 clerk - 71 
 
 to keep a record of proceedings of district meetings and of ' 
 
 di-trict board 71 
 
 to di'aw orders oa dis rict tre tsurer 71 
 
 to furnish register for use of teacher 71 
 
 ti> makereport to town clerk 98 
 
 to f ertify district taxes to town clerk 107 
 
 to subscribe for Journal of Education 137 
 
 DISTRICT LIBRARY — 
 
 tax may be voted for 26, 39 
 
 to be vested in the several joint districts 115 
 
 of adjoining districts may be united J 1 15 
 
 to be in charge of librarian 115 
 
 regulations concerning 115-118 
 
 DISTRICT MEETING — 
 
 first one, h > w notified 2 
 
 annual, when held 15 
 
 anuual, notice for, haw g ven > 17 
 
 special, ho ^v called 18 
 
 to be called by town supervisors in certain cases 4 
 
 DISTRICT PROPERTY— 
 
 may be sold 26, 37, 50 
 
 boarJ to have care "f 52 
 
 how divided on division of district 11 
 
 DISTRICT TAXES — 
 
 assessment and collection 106-108 
 
 limit of, for all purposes 39 
 
 limit of, for building, hir ng, or purchasing school-house 25 
 
 limit of. for teachers' wages 25 
 
 DISTRICT TREASURER— 
 
 wher selected 25, 30,45 
 
 term of office - 45 
 
 to call speci J dis rict meetings in certain cases 18 
 
 to execute and tile bond 68 
 
 to give additioual security waen demanded by dire^itor and 
 
 clerk .■ 68 
 
 to receive and pay out moneys 69 
 
 to keep a book and make a report 69 
 
 to hand over to successor, moneys, papers, etc 69 
 
 to prosecute town treasurer 70 
 
 DIVISION- 
 
 of school-districts 5, 8-11 
 
 of property H 
 
 of joint libraries 115 
 
 DUTIES- 
 
 of town clerk and treasurer 104 
 
207 
 
 E. 
 
 EDUCATION 
 
 compulsory 64, 67 
 
 constitutional provisions in relatio > thereto 171 
 
 of children maintaioed at public charge 139 
 
 ELECTION— 
 
 of sciiODl officers 25, 30, 45 
 
 of state superintendent 168 
 
 ELECTORS OF A SCHOOL-DISTRI :!T— 
 
 to assemble at first district m^-eti g 4, 5 
 
 their powers at first or annual meeting 25, 45 
 
 EMBEZZLEMENT— 
 
 what constitutes 70 
 
 puuishment for 70 
 
 EQUALIZATION OF TAXES— 
 
 by town board of assessors 106 
 
 ESTABLISHMENT— 
 
 of school-house sites 113 
 
 of free high schools 120 
 
 EXAMINATION OF TEACHERS - 
 
 in what branches to be instituted 76 
 
 meetings for, how notified, and when held 88 
 
 private, granted in certain cases 88 
 
 for teachers' state certific .tes 80 
 
 as principals of free high schools 123 
 
 EXPENDITURES — 
 
 of district board, how allowed 436 
 
 EXPULSION — 
 
 of schola- s from school 59 
 
 F. 
 
 FEE — 
 
 for tuition of non-resident pupils 26, 40 
 
 may be remi te l to residents over twenty 59 
 
 FINES, FORFEITURES. Etc- 
 
 for refusal to notify fi st meting in new district 135 
 
 for rrfusal to act as chairman of district meeting 135 
 
 for refusal of districr officer to serve 135 
 
 /or neglect of duty by d strict officer 135 
 
 fur neglect of officer to deliver records, papers, etc., to his 
 
 ^uccessor 135 
 
 imposed on district clerk for neg'ecting to make report 135 
 
 for neglect of town clerk to make report to county Tsuperin- 
 
 ten enl 135 
 
 for refusal of town supervisors to carry into effect anj' de- 
 cision of state superintendent 136 
 
208 
 
 FINES, FORFEITURES, Etc. Page. 
 
 for neglect of county superintendent to make annual report 135 
 
 for neglect of teacher to keep register 86 
 
 for drawing order for any purpose not authorized by law. . . 136 
 
 for countersigning such order 136 
 
 any elector authorized to prosecute for, in certaia cases .... 136 
 
 lor sch lol officers and teachers acting as booi£ agents 137 
 
 for school officers ordering change in text-books, within 
 
 three years of adoption 136 
 
 FORMATION — 
 
 of school-districts 1-4 
 
 of joint districts 5 
 
 of free high school districts , 120-121 
 
 of township districts 140 
 
 FORMS — 
 
 to bft furnished officers 103 
 
 of affidavits in appeal ca^es 130, 131 
 
 of notice of appeal by teacher 134 
 
 of order organizing new district 173 
 
 of order organizing joint district 175 
 
 of notice for first meet ng by town supervisors 173 
 
 of notice for first meeting to be left at residence of voter. . . 174 
 
 of retKrn of notice for first meeting 174 
 
 of notice by supervisors for meeting when there is no offi- 
 cer to call one 174 
 
 of acceptance of district office 175 
 
 of notice of meeting to alter d strict boundaries iT^ 
 
 of order altering district bijundaries |l-76\ 
 
 of consent to order of alteration l76\ 
 
 of awarding property to new district "i\76 
 
 of notice for annual meeting lOT 
 
 of notice for adjourned district meeting 17\ 
 
 of request for special district meeting 177 \ 
 
 of notice of special district meeting 178 
 
 of notice to officers of election 178 
 
 of refusal to accept district office 179 
 
 of refusal to accept office on appointment 180 
 
 of appointment to vacancy in district board 179 
 
 of deed of school-house site 180 
 
 of lease of school-house site 181 
 
 of contract between di-trict and teacher 181 
 
 of bond of district treasurer 182 
 
 of call on treasurer for additional security 183' 
 
 of order on treasurer 183 
 
 of school register to be kept by teacher 183-186 
 
 of notice of apportionment by town clerk 186 
 
 of certificate of town treasurer to town clerk 187 
 
 of report of names and post-office address of district clerks. . . 187 
 
 of statement by district clerk of tax voted 188 
 
 of statement by district clerks of tax voted by joint districts . . 189 
 of determination of relative proportion of taxes in joint 
 
 district — 188 
 
 of application for establishment of school-hou-e site 189 
 
 of certifi ;ate tliat notice of meeting to establish site has 
 
 been given 190 
 
 of notice for meeting of supervisors to locate school-house 
 
 site 190 
 
 of certificate of establishment of school-house site 190 
 
 of certificate of vacancy in county superintendent's office . . 191 
 
 of notice of division of county, and consequent vacancy. . . . 191 
 
 of statement of number of school children in the county. . . 191 
 
209 
 
 FORMS — continued. Page. 
 
 of notice of intention to annul teacher's certificate 193 
 
 of aunulmeut of teach^^r's certificate and notice to town clerk 192-193 
 
 of applic ition for dictionary 194-196 
 
 of application for map 197 
 
 of resolution proposing establishment of high school 198 
 
 of notice that the foregoing resolution will be submitted to 
 
 vote 198 
 
 of certificate to state superintendent of establishment of 
 
 free high school 199 
 
 of petition for submitting question of town system of schools 200 
 
 of notice that the foregoing question will be submitted 200 
 
 FREE HIGH SCHOOLS — 
 
 how established and supported 120-128 
 
 free to all resident pupils 123 
 
 examination for admission to 123 
 
 principles of, qualifications, when to be examined 123 
 
 G. 
 
 GOVERNMENT OF SCHOOLS — • 
 
 rules and regulations for, to be made by district board 59 
 
 township system of, provided for 140 
 
 H. 
 HOLIDAYS — 
 
 what days are legal 101 
 
 I. 
 
 INCOME OF SCHOOL FUND — 
 
 to what shall be applied 171 
 
 how t ) be distri hu ed 152 
 
 when to be apportion ed 153 
 
 to be applied by districts to payment of teachers' wages. . . . 156 
 
 couMty treasurer t > apply for 155 
 
 annual state tax to increase the 153 
 
 INSTITUTE - 
 
 teachers' to be held by each county superintendent 88, 96 
 
 J. 
 
 JOINT DISTRICT - 
 
 how formed, or altered 5 
 
 JOURNAL OF EDUOTION- 
 
 school officers may subscribe for 137 
 
 JUDGMENTS— 
 
 against school-dis^rict8, how collected 119 
 
 no execution to issue on 119 
 
 14— S. C. 
 
210 
 
 L. 
 
 LEASE- Page. 
 
 district board may lease house or site 50 
 
 LIABILITIES— 
 
 tax may be voted to discharge 26, 38 
 
 LIBRARIAN- 
 
 of district library, who may be 115 
 
 of joint libraries, how appointed 115 
 
 his duties 115-118 
 
 LIBRARY- 
 
 of district, amount of tax for 26, 39 
 
 title to be vested in districts board 115 
 
 of two or more adjoining districts may be united 115 
 
 regulations conceroing 115-118 
 
 town, law for establishing 118 
 
 LIMIT- 
 
 to school-district taxes 35,27,39 
 
 LOAN— 
 
 district may make upon unusual exigency 109 
 
 district may make, to build school-house 109 
 
 from the trust funds, how made 110 
 
 M. 
 
 MAP— 
 
 town clerk to make and keep in his office 104 
 
 fco accompany appeals 130 
 
 of Wisconsin, sold by state superintendent 138 
 
 MAPS— 
 
 money to purchase may be raised 26, 38 
 
 MISCELLANEOUS LAWS- 
 
 sundry 135 
 
 MONEYS— 
 
 not to be apportioned to eountie3 failing to raise amount re- 
 quired by law 152 
 
 due new districts how raised 12 
 
 to be paid to individuals in certain cases 12 
 
 of extinguished districts, how disposed of 14 
 
 may be voted by school-districts 25, 44 
 
 collected of defaulting treasurer, how applied 67 
 
 not to be apportioned to districts which have not main- 
 tained school six months 153 
 
 not called for in one year to be reapportioned 156 
 
 collected from town clerk and county superintendent, how 
 
 apportioned 135 
 
 collected on forfeitures, how applied 136 
 
 MONTH— 
 
 number of days in , 156 
 
 teacher's 85 
 
211 
 
 NOTICE- 
 
 of apportionmeot to be given to county clerk and county Page. 
 
 treasurer by state superintendent 15* 
 
 for first meeting of school-district 2 
 
 in case of neglect of inhabitants to assemble 4 
 
 for meeting of supervisoi's to alter school-district 8 
 
 of alteration of school districts 9 
 
 of alteration of joint school-districts 5 
 
 of annual district meeting 17 
 
 for special district uaeeting 18 
 
 for meeting of supervisors to establish school-house site . . . 113 
 
 for teachers' examination 88 
 
 NORMAL SCHOOLS- 
 
 laws respecting 161-167 
 
 o. 
 
 OATH— 
 
 administered to challenged voter 23 
 
 OFFICERS- 
 
 of school-districts 45 
 
 women eligible to be 139 
 
 of free high school-districts 133 
 
 ORDERS— 
 
 director to countersign 67 
 
 treasui-er to pay money on 69 
 
 clerk to draw 71 
 
 ORGANIZA.TION— 
 
 of a school-district 7 
 
 of free high schools 130-128 
 
 P. 
 
 PARENTS, GUARDIANS, Etc — 
 
 Required to send children to school 64 
 
 PENALTIES — 
 
 (See Fines and Forfeitures. ") , 
 
 POWERS — 
 
 corporate, of a district 7 
 
 of a district meeting 25-45 
 
 of a special meeting 18 
 
 of a school board 47-73 
 
 PROPERTY — 
 
 of a district to be in care of board 53 
 
 division of, when new district is formed 11-13 
 
 personal, assessment of •. 106 
 
 PROSECUTION — 
 
 of actions against school officers 67, 70, 105 
 
 PUPILS — 
 
 may be suspended or expelled ... 59 
 
212 
 
 Q. 
 
 QUALIFICATIONS— Page, 
 
 of voters , 19-25 
 
 of teachers, how determined 75-85, 123, 124 
 
 R. 
 
 REAL ESTATE — 
 
 districts may hold 7 
 
 taxes on, how assessed and collected 106 
 
 valuation of, how equalized in joint districts 106 
 
 RECORDS — 
 
 of school-district, to be kept by clerk .' 71, 72 
 
 REGISTER — 
 
 to be furnished teacher by district clerk 71 
 
 what to contain, etc 86, 183-186 
 
 neglect to keep, forfeits wages 86 
 
 REGULATIONS AND RULES — 
 
 district board to make 59 
 
 pi'escribed by state superintendent for libraries 115-118 
 
 relating to appeals 130-135 
 
 REMOVAL — 
 
 of district officers by county judge 117 
 
 of county superintendents by circuit judge 89 
 
 REPAIRS OF SCHOOL-HOUSES — 
 
 tax to be voted for 25, 33 
 
 district board to attend to 52 
 
 county superintendent to direct 87 
 
 REPORT — 
 
 of district treasurer 69 
 
 of district clerk 98 
 
 of clei'k of joint district 99 
 
 of town clerk 103 
 
 of secretary of town board of directors 144 
 
 of county superintendent 103 
 
 of city superintendent or clerk 103 
 
 of state superintendent 169 
 
 RESIDENCE— Page. 
 
 of voter, how determined 19, 22 
 
 of children 99, 100 
 
 RULES— 
 
 may be made by district board 59 
 
 respecting appeals 130-135 
 
 s. 
 
 SALARY- 
 
 of district clerk provided for 27, 44 
 
213 
 
 SCHOLAES— Page. 
 
 age of, to attend school free 171 
 
 may be admitted from other districts 26, 40 
 
 may be suspended or expelled 59 
 
 residence of 99, 100 
 
 SCHOOL BOOKS — 
 
 district board shall determine what shall be used 150 
 
 state superintendent to recommend 168 
 
 kind of used, to be reported 99 
 
 district board may purchase for indigent pupils 53, 65 
 
 district boards may determine what kinds shall be used .... 62 
 
 districts may authorize boaixl to purchase 26, 42 
 
 city and village boards of education may adopt 189 
 
 these boards may purchase 139 
 
 SCHOOL-DISTRICTS— 
 
 how formed , 1-4 
 
 to consist of "contiguous territory 1 
 
 not to be altered so as to leave indebteJness exceeding 
 
 five per centum of valuation 1 
 
 size of 1 
 
 notice for first meeting of 2 
 
 organization how restorc^d , 4 
 
 when to be considered organized 7 
 
 officers of, to file written acceptance of office 7 
 
 corporate powers of 7 
 
 to be bodies corporate 7 
 
 contracts \\ ith 7 
 
 qualification of votei's in 19-24 
 
 alteration of 8-11 
 
 alteration of, not to take effect for three months, in certain 
 
 cases 9 
 
 not to be changed between 1st day of December and 1st day 
 
 of April following 9 
 
 joint, how formed 5 
 
 officers of 45-47 
 
 po wt-rs of 25-45 
 
 extinguishment of 8, 14 
 
 annual meeting of, when h^-ld 15 
 
 notice for annual meeting of, how given 17 
 
 may borrow money 26, 109, 112 
 
 judgment against, how collected 119 
 
 SCHOOL FUND INCOME— 
 
 (See Income of School Fund.) 
 
 SCHOOL-HOUSES — 
 
 site of, how designated and established 25-112 
 
 tax to build, how limited 25, 27, 30-40 
 
 may be sold 26, 37, 50 
 
 district board to have the care of 52 
 
 district board to provide appendages for 52 
 
 district board to repair 52 
 
 repairs on, may be ordered by county superintendent 87 
 
 may be declared unfit for use 87 
 
 SECTARIAN INSTRUCTION- 
 
 not allowed in district schools 171 
 
214 
 
 SITE OF SCHOOL-HOUSE— Page. 
 
 how designated 25, 32 
 
 how established in certain cases 112 
 
 what lands may not be taken for ] 14 
 
 SCHOOL FUND— 
 
 how formed 171 
 
 distribution of income of 152 
 
 SPECIAL DISTRICT MEETING— 
 
 notice for, how given 18 
 
 how called 18 
 
 tax or loan voted at, how collected 107, 108 
 
 STATE CERTIFICATES— 
 
 provided for 77, 80-85 
 
 limited 81 
 
 diplomas of gi-aduates of state normal schools, state univer- 
 sity, and other colleges, when countersigned become 83-85 
 
 STATE SUPERINTENDENT - 
 
 to appoi'tion income of school fund 152 
 
 to certify apportionment of school fund iacome 153 
 
 not to apportion money in certain cases 153 
 
 to decide appeals 128 
 
 to furnish school officers with blanks for their annual reports 103 
 
 to furnish amendments of school law to districts 103 
 
 STUDIES— 
 
 to be taught in school 73 
 
 in which applicants for certificates are to be examined 76-85 
 
 in which principals of free high schools are examined 123 
 
 SUIT- 
 
 district to give direction for prosecution or defense of 26, 43 
 
 against district, director to defend 67 
 
 SUPERVISORS- 
 
 (See town board of supervisors, and county board of supervisors.) 
 
 TAXES— 
 
 to be raised by towns and cities for support of schools 153 
 
 to raise money due new districts, how assessed 12 
 
 for school-house and site, limitation of 25, 27, 32, 33 
 
 for payment of teachers' wage3 25, 27, 36, 37 
 
 to pay district indebtedness 26, 38 
 
 for the purchase of maps, charts, and apparatus 26, 38 
 
 for district li brary 26, 38, 39 
 
 not to be voted at special meeting unless three-fourths of the 
 
 legal voters are notified of the meeting 18 
 
 general district, how assessed and collected 106-108 
 
 special district, ho (v collected 107-108 
 
 school-district, on what property to be assessed 106, 107 
 
 to pay judgment against district, how assessed and collected 119, 120 
 
 deficiency in levy to be made up 153 
 
 total amount that may be levied by school-district 27 
 
TEACHERS— Page. 
 
 tax for wa9:es of limited 25, 27, 37 
 
 to keep register 86 
 
 to report to district board and county superintendent 86 
 
 to be examined and licensed 75, 76 
 
 to forfeit wages for neglect to keep register 86 
 
 TEACHERS' INSTITUTES — 
 
 to be held by county superintendent 88, 96 
 
 expenses of, how provided for 167 
 
 TERMS — 
 
 of school may be fixe i by vote of district 26, 43 
 
 TEXT-BOOKS— . ^, 
 
 district may authorize board to purchase 13, 42 
 
 district board to select 62 
 
 to make list of, file it with the clerk, and post it in the school 
 
 room 62 
 
 list of, adopted not4;o be changed for three years 62, 139 
 
 penalty for changing the list of. adopted. .- 136 
 
 adopted by city and village boards of education 139 
 
 purchased by these boards on what conditions 139 
 
 laws relating to 26, 42, 63, 136, 139, 169 
 
 TOWN BOARD OF DIRECTORS — 
 
 provided for 140 
 
 powers of 140-153 
 
 TOWN BOARD OF SUPERVISORS — 
 
 to form and alter school-districts 1,5 
 
 to issue notice for first meeting of 3 
 
 to call meeting in district having no officers to call same. . . 4 
 to ascertain and determine the amount of property due new 
 
 district 11-18 
 
 to dispose of property of extinguished district 14-15 
 
 to locate and establish school house sites 112 
 
 to ba fined for refusal to carry into effect any decision of 
 
 state superintendent 136 
 
 TOWN CLERK — 
 
 to fill vacancy in district board 49 
 
 to make a report to county superintendent 102 
 
 to see that district clerk-i make correct reports 104 
 
 to file reports and papers 104 
 
 to i-ecord description of school-districts 104 
 
 to make a map of town ;•••.•• ■^^^ 
 
 to report name and post-office of himself and of district 
 
 clerks to county superintendent 104 
 
 to apportion school moneys 104, 155 
 
 to re-apportion moneys not called for in a year 156 
 
 to assess district taxes 108 
 
 to asess tax to judgment agiinst school-district 119 
 
 TOWN TREASURER — 
 
 to receive and pay out school money 104, 105 
 
 to certify to town clerk amount of school money in his 
 
 hands 105 
 
 to certify amounts paid by him to districts previous year, . . 105 
 
 to prosecute county treasurer 105 
 
216 *^ 
 
 TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— Page. 
 
 provided for 140-150 
 
 advantages of , 150-153 
 
 TRANSFER — 
 
 of deficiency in county school tax 152-153 
 
 TRUST FUNDS - 
 
 loans may be made from 110-149 
 
 u. 
 
 UNIVERSITY — 
 
 of the state provided for , 157 
 
 laws in relation to 157-161 
 
 V. 
 
 VACANCY — 
 
 in district boai'd, how fillei 49 
 
 how may occur 49 
 
 VALUATION — 
 
 of property in joint districts, to be equalized by town asses- 
 sors 106 
 
 VISITING SCHOOLS — 
 
 required of school officers , 63, 87,94 
 
 VOTERS — 
 
 who may be 19-35 
 
 w. 
 
 V7AGES OF TEACHERS — 
 
 tax voted to pay 25, 87 
 
 to be specified in contract 55 
 
 public money to be applied in payment of 156 
 
 when forfeited 86 
 
 WEBSTER'S DICTIONARY - 
 
 how distributed 137 
 
 forms of application for 194-196 
 
 WOMEN — 
 
 eligible as school officers 139 
 
 may vote at elections on school matters if law to that effect 
 is approved at general election in 1886 30 
 
. Library op r.oNr.PFSs