LB 2529 .N83 1909 THE Copy 1 PUBLIC SCHOOL LAW NORTH CAROLINA BEING A PABT OF CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907 AND 1909 TOGETHER WITH EXPLANATORY NOTES AND DECISIONS OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION RALEIGH ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1909 THE PUBLIC SCHOOL LAW NORTH CAROLINA M BEING A PAET OF CHAPTER 89, REVISAL 1905. AS AMENDED BY THE GENERAL ASSEMBLY OF 1907 AND 1909 RALEIGH ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1909 ^'^ -^^fe 6 I E . M. UZZ'EiZ.'L. & CO. STATE PRINTERS A> D BINDERS RAl4ErGH '' . C. D. OF 0. FEB 15 1910 TABLE OF CONTENTS. Education in Our Constitution. New School Legislation 1907. Public High-school Law. The Child-labor Law. Compulsory-attendance Law. Scientific Temperance Instruction. The Public School Law. I. Application of Chapter, Section 4029. The State Board of Education, Sections 4030-4035. Loans for Building Schoolhouses, Sections 4053-4056. The School System and the Course of Study, Sections 4085-4088. The General Powers and Duties of the State Superin- tendent, Sections 4089-4092. School Funds Provided by the State, Sections 4093-4106. School Funds Provided by County and Local Taxation and Apportionment of same. Sections 4107-4118. The Powers and Duties of the County Board of Educa- tion, Sections 4119-4134. The Powers and Duties of the County Superintendent, Sections 4135-4144. The Powers and Duties of the School Committee, Sec- tions 4145-4151. The Treasurer of the School Fund, Sections 4152-4160. Privileges and Duties of Teachers, Sections 4161-4167. Rural Libraries, Sections 4172-4179. Separate Schools for Croatans, Sections 4168-4171. IL III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. Appendix : Text-book Law. Index to Public School Law. PREFATORY NOTE. This compilation of the Public School Laws of North Carolina is issued in this form, in accordance with Section 4089 of the Revisal of 1905. The amendments made to the School Law by the Gen- eral Assembly of 1909 are printed in italics. This compilation also contains the legislation of 1907 relative to high schools, com- pulsory attendance, the employment of children in factories, and scientific temperance instruction, with the amendments of 1909. The notes, decisions, and other matter, it is hoped, will be found convenient and useful. A careful reading of the law by all school officers and teachers will prevent many mistakes and burdensome correspondence and delay. J. Y. JOYNEE, Superintendent of Public Instruction. Raleigh, April, 1909. EDUCATION IN OUR CONSTITUTION. Article IX of the Constitution of North Carolina relates to edu- cation. It reads as follows : Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Sec. 2. The General Assembly, at its first session under this Con- stitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools ; but there shall be no discrimination in favor of or to the prejudice of either race. Sec. 3. Each county of the State shall be divided into a conven- ient number of districts, in which one or more public schools shall be maintained at least four months in every year ; and if the com- missioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. Sec. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State and not other- wise appropriated by this State or the United States, also all money, stocks, bonds and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or pur- poses whatsoever. Sec. 5. All moneys, stocks, bonds and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall 6 Education in Constitution. be paid bj- persons as an equivalent for exemption from military duty sball belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, that the amount collected in each county shall be annually reported to the Superintendent of Public Instruction. Skc. 6. The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in vi'hom, when chosen, shall be vested all the privileges, rights, fran- chises and endowments thereof in anywise gi'auted to or conferred upon the trustees of said University ; and the General Assembly may make such provisions, laws and regulations from time to time as may be necessary and expedient for the maintenance and man- agement of said University. Sec. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition ; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the University. Sec. 8. The Governor. Lieutenant Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction and Attorney-General shall constitute a State Board of Education. Sec. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education. Sec. 10. The Board of Education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State ; but all acts, rules and regulations of said board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed they shall not be re-enacted by the board. Sec. 11. The first session of the Board of Education shall be held at the capital of the State within fifteen days after the organization of the State Government under this Ccns^-itution ; the time of future meetings may be detpnr.iiied by the boar 1. Sec 12. A majority of the board shall constitute a quorum for the transaction of business. Sec. 13. The contingent expenses of the board shall be provided by the General Assembly. Educational Qualification. 7 Sec. 14. As soon as practicable after the adoption of this Con- stitution the General Assembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining and of normal instruction. Sec. 15. The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. From the Bill of Rights, Section 27 : The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right. — Bill of Rights, North Carolina Constitution. EDUCATIONAL QUALIFICATION FOR SUFFRAGE. Article VI, section 4, of the Constitution of North Carolina con- tains the following: Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language ; and before he shall be entitled to vote he shall have paid, on or before the first day of May of the year in which he proposes to vote, his poll tax for the previous year, as prescribed by Article V, section 1, of the Constitution. But no male person who was on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifica- tions herein prescribed : Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. NEW SCHOOL LEGISLATION. The General Assembly of 1907 enacted the following new legis- lation on the subject of schools, amended in 1909, as indicated by the parts printed in italics : PUBLIC HIGH-SCHOOL LAW. AN ACT TO STIMULATE HIGH-SCHOOL INSTRUCTION IN THE PUBLIC SCHOOLS OF THE STATE, AND TEACHER TRAINING. The General Assembly of North Carolina do enact: HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE MONTHS ANNUALLY. Section 1. With the consent of the State Board of Education, the county board of education in any county may in its discretion establish and maintain, for a term of not less than five school months in each school year, one or more public high schools for the county, at such place or places as shall be most convenient for the pupils entitled to attend and most conducive to the purposes of said school or schools. HIGH-SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. Sec 2. For each public high school established under this act a committee of three persons shall be appointed by the county board of education, who shall be known as the School Committee of Public High School of County. The powers, duties and qualifications of said committee- men shall be similar to those of other public-school committeemen. They shall be appointed as follows : one for a term of two years, one for a term of four years, and one for a term of six years ; and at the expiration of the term of any committeeman his successor shall be appointed for a term of six years: Provided, that in case of death or resignation of any committeeman his successor shall be appointed for the unexpired term only. Within two weeks after appointment the committee shall meet and elect a chairman and a secretary and enter upon the performance of their duties. High-school Law. 9 rules, regulations, and course of study. Sec. 3. All public high schools established and maintained under the provisions of this act shall be operated by the county board of education, under such general i-ules and regulations as may be prescribed by the State Board of Education. The courses of study for such high schools and the requirements for admission to them shall be prescribed by the State Superintendent of Public Instruc- tion. inspection, certificates, and minimum SALARY OF TEACHERS. Sec. 4. It shall be the duty of the county board of education to locate all high schools established under this act, to furnish the State Superintendent of Public Instruction with such infor- mation relative to said schools as he may require, and to make such local rules and regulations for the conduct of said schools as may be necessary : Provided, that before any State funds shall be appropriated for the support of any public high school the State Superintendent of Public Instruction shall cause the same to be inspected by some competent person to see that suitable arrangements have been made for giving high-school instruction and to enable said school to conform to all the requirements of this act and to the rules and regulations of the State Board of Education : Provided further, that no one shall teach in any public high school that receives State funds under this act who does not hold a high-school teacher's certificate from the State Super- intendent of Public Instruction, who shall have power to pre- scribe a standard of scholarship and examination for same ; and Provided further, that no one shall be employed as teacher in such high school without the approval and recommendation of the county superintendent. The minimum salary of any public high-school teacher holding such certificate and employed as high- school teacher in such high school shall be forty dollars per school month. HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. Sec 5. Before any high school shall be established under the provisions of this act, the committee or committees establishing such school shall first provide for thorough instruction for at least five months in each school year in all branches of study 10 High-school Law. required to be taught in tlie public schools of the State; and no school shall be entitled to the benefit of this act in which less than three teachers are employed. [Each school must have at least two teachers in addition to the high-school teacher.] ARRANGEMENT FOB FREE TUITION IN HIGH SCHOOLS ALREADY ESTABLISHED. Sec. 6. The county board of education of any county may enter into an agreement with the board of trustees or the com- mittee of one public high school of the county to permit all chil- dren of said county of school age who are prepared to enter such high school and all public-school teachers of said county desiring high-school instruction to attend such school free, the rate of tuition for each pupil in each high-school grade to be fixed by agreement with said county board of education, and paid as fol- lows : one-half out of a fund set aside by the county board of education from the county school fund for that purpose, and one- half out of the special State appropriation hereinafter provided, under such rules as the State Board of Education may prescribe: Provided, that the sum apportioned by the county board of edu- cation for this purpose shall not exceed five hundred dollars, and the sum apportioned by the State Board of Education for the same purpose shall not exceed that apportioned by the county board of education : Provided further, that the course of study in such high school shall be approved by the State Superintendent of Public Instruction. CONDITIONS OF STATE AID. Sec. 7. The county superintendent of schools in any county in which said public high school or high schools shall be established shall give due notice of the same to the State Board of Educa- tion before any State funds shall be appropriated for the support of said school or schools ; and when the county treasurer of any county shall certify to the State Superintendent of Public Instruc- tion that as much as two hundred and fifty dollars has been placed to the credit of any public high school established and inspected as provided for in this act, thereupon a State warrant shall be issued upon requisition of the State Superintendent of Public Instruction for two hundred and fifty dollars and sent to the treasurer of the county in which such high school is located, to be placed to the credit of said high school and paid out exclusively High-school Law. 11 for the support of said high school on the warrant of the high- school committee, approved by the county superintendent of schools. The treasurer of each county in which such public high school or schools shall be established shall keep a separate ac- count of the public high-school fund, and at the end of each school year he shall malie to the State Superintendent of Public Instruction and to the county board of education a report of all receipts and disbursements of said fund. MAXIMUM STATE AID FIVE HUISTDBED DOLLARS AND NUMBER OF SCHOOLS AIDED IN ONE COUNTT LIMITED TO FOUR. Sec. S. If a larger amount than two hundred and fifty dollars be provided by taxation or by private donation or by local appro- priation, or otherwise, for the support of any public high school established and maintained under the provisions of this act, then the State shall contribute a lilie amount: Provided, that the State shall not contribute more than five hundred dollars in any one school year for the support of any one high school : Provided further, that not more than four public high schools in any one county shall be entitled under the provisions of this act to receive State funds. NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND TWO HUNDRED. Sec. 9. High schools may not be established under this act in towns of more than twelve hundred inhabitants. Contracts, how- ever, may be made between the county board of education and the committee or trustees of any public or graded school wherein high-school branches are taught. Such contract shall provide for the admission to such school of students in high-school grades and of public-school teachers of any township, townships, or of the county, and for the payment of tuition by the county board of education for teachers and children so attending from outside the limits of said school district, and the tuition in no case to exceed two dollars per mouth. Upon the making and approval of such contract and the deposit with the county treasurer of an amount sutficient to pay one-half of amount estimated to be necessary for such purpose, either by direct appropriation by the county board of education from a fund set aside for that purpose or by private donation, then upon proper certification of such facts a State warrant shall be issued for equal amount, payable to county treasurer upon request of the State Superintendent of Public 12 High-school Law. Instruction: Provided, that no aid may be given by the State in cases where, under the contract, less than one hundred dollars is needed to pay the tuition, and that the State may not in any case be called on for more than five hundred dollars: Provided further, that the course of study of such school shall be sub- mitted to the State Superintendent of Public Instruction and approved by him. SUM OF FIFTY THOUSAND DOLLARS ANNUALLY APPROPELA.TED. Sec, 10. The sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby annually appropriated for the purposes of high-school instruction and teacher training pro- vided for in this act. The State Board of Education shall have the power to fix such rules and regulations, in accordance with the provisions of this act, as may be necessary for the proper distribution of this fund. TEACHER-TRAINING SCHOOL TO BE ESTABLISHED. Sec. 11. That there shall be established and maintained at some suitable point in eastern North Carolina a teachers' training school, for the training of young white men and women, under the corporate name of the East Carolina Teachers' Training School. LOCATION OF TRAINING SCHOOL BY STATE BOARD. Sec. 12. That said school shall be located by the State Board of Education at such a point in eastern North Carolina as they may deem proper, and shall be located in or near that town offer- ing the largest financial aid, having due regard to desirability and suitability for the location of said school. , PURPOSE OF TRAINING SCHOOL AND COURSE OF STUDY. Sec. 13. That the object in establishing and maintaining said school shall be to give to young white men and vs^omen such educa- tion and training as shall fit and qualify them for teaching in the public schools of North Carolina. And the board of trustees hereinafter provided for, in prescribing the course of study of said school, shall lay special emphasis on those subjects taught in the public schools of the State and on the art and science of teach- ing ; and in no event shall the.y prescribe a curriculum beyond that which would fit and prepare a student for unconditional entrance into the freshman class of the University of North Caro- lina. High-school Law. 13 tuition free to prospective teachers. Sec. 14. That tuition in said school shall be free to those who signify their intention to teach, for such time and upon such conditions as may be prescribed by the board of trustees; and the board of trustees, upon the recommendation of the faculty, shall give those students in said school who have completed the required course a certificate of proficiency in the work done. MANAGEMENT OF TRAINING SCHOOL. Sec. 15. That said school shall be managed by a board of trus- tees, consisting of nine persons, together with the State Super- intendent of Public Instruction, as chairman ex officio, said trustees to be appointed by the State Board of Education: Pro- vided, that two members of the said board shall be selected from the First Congressional District, two from the Second, two from the Third, two from the Fourth and one from the Sixth, whose term of office shall be six years : Provided further, that of the trustees first elected, three shall hold office for two years, three for four years and three for six years, said term of ofl5ce to begin on the fifteenth day of March, one thousand nine hundred and seven. That the State Board of Education shall appoint .trustees for the full term of six years, upon the expiration of the term of office of any member of this board. Vacancies occurring by death or resignation of any member of this board shall be filled by appointment of the State Board of Education for the unexpired term. All trustees shall take oath to perform faith- fully their duties as required by this act, and shall hold office until their successors have been appointed and qualified. The board of trustees shall report biennially to the Governor, before the meeting of each General Assembly, the operation and condition of said school. POWERS OF TRUSTEES. Sec. 16. That said board of trustees above provided for, upon their election and qualification, shall be and become a body corpo- rate and politic, with all the powers usually conferred upon such bodies and necessary to enable them to acquire and hold property, manage and conduct said school, and do all other things neces- sary for the carrying out of the provisions and purposes of this act. Sec. 17. That as soon as said school shall have been located by the State Board of Education and the trustees herein provided 14 The Child-labor Law. for shall have qualified, the chairman shall call a meeting of said trustees for the purpose of organizing said board as soon as practicable. After said organization the said trustees shall proceed to build and equip the necessary buildings for said school, and shall make such rules and regulations for the government of said school as they may deem proper : Provided, that no rules shall be made that would discriminate against one county in favor of another in the admission of pupils into said school. AMOUNT OF STATE AID AND LOCAL AID FOR BUILDINGS AND SITE. Sec. 18. That the sum of fifteen thousand dollars ($15,000) be and the same is hereby appropriated, to be paid from any funds in the hands of the State Treasurer not otherwise appropriated, for the purpose of aiding in erecting and equipping the buildings for said school, one-half of said sum to be paid in one thousand nine hundred and seven and one-half in one thousand nine hun- dred and eight: Provided, that the town or community in which said school is located shall contribute the sum of not less than twenty-flve thousand dollars ($25,000) toward the construction and equipment of said buildings, and the title to said buildings shall be in and held by the State Board of Education. Sec. 19. That this act shall be in force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the 8th day of March, A. D. 1907. 1907, c. 820; 1909, c. 525. THE CHILD-LABOR LAW. The General Assembly of North Carolina do enact: CONDITIONS FOR EMPLOYMENT OF CHILDREN. Section 1. That no child under twelve years of age shall be employed or worked in any factory or manufacturing establish- ment within this State: Provided, that after one thousand nine hundred and seven no child between the ages of twelve and thirteen years of age shall be employed or worl< in a factory, except in apprenticeship capacity, and then only after having attended school four months in the preceding twelve months. SIXTY-SIX HOURS A WEEK. Sec. 2. That not exceeding sixty-six hours shall constitute a week's work in all factories and manufacturing establishments in this State. No person under eighteen years of age shall be re- Compulsory Attendance. 15 quired to work in sucli factories or establisliinents a longer period ttian sixty-six hours in one weeli : Provided, tliat this section shall not apply to engineers, firemen, machinists, superintendents, over- seers, section and yard hands, office men, watchmen or repairers of breakdowns. PENALTY FOE FALSE STATEMENTS AND VIOLATION. Sec. 3. All parents or persons standing in the relation of parent, upon hiring their children to any factory or manufacturing establishment, shall furnish such establishment a written state- ment of the age of such child or children so hired, and certificate as to school attendance; and any parent or person standing in relation of parent to such child or children who shall in such written statement misstate the age of such child or children be- ing so employed, or their school attendance, shall be guilty of a misdemeanor, and upon conviction shall be punished in the dis- cretion of the court. Any mill owner, superintendent or manufacturing establishment who shall knowingly or willfully violate the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished in the discretion of the court. NO NIGHT WORK UNDER FOURTEEN AFTER NINETEEN HUNDRED AND SEVEN. Sec. 4. After one thousand nine hundred and seven no boy or girl under fourteen years old shall work in a factory between the hours of eight P. M. and five A. M. Sec. 5. That this act shall be in force from and after January first, one thousand nine hundred and eight. COMPULSORY-ATTENDANCE LAW. AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR, BE- TWEEN THE AGES OF EIGHT AND FOURTEEN. The General Assembly of North Carolina do enact: SCHOOL DISTRICT OR TOWNSHIP HAY VOTE ON QUESTION. Section 1. The county board of education of any county may in their discretion, tipon a petition of a majority of the qualified voters of any township or school district in such county, order and hold an election, submitting to the qualified voters of such town- 16 Compulsory Attendance. ship or district the question of compulsoi-y attendance. For sucli election tlie said board shall designate the time for hold- ing the same, shall appoint a registrar and two poll holders for each voting place, and shall advertise the same by posting notices at the courthouse door and three other public places in the district or township thirty days before such election. If the election be for a school district, then the county board of educa- tion shall also designate the voting place ; if for a township, the polling places shall be those of the preceding general election. At such election those favoring compulsory attendance shall vote a ticket on which shall be written or printed the words "For Com- pulsory Attendance" ; those who are opposed shall vote a ticket on which shall be written or printed the words "Against Com- pulsory Attendance." The result of such election shall be reported to the county board of education by the judges of election, and no other report shall be required. In all other respects, except as provided herein, the election shall be held under the law gov- erning general elections, as nearly as may be. The expense of such election shall be paid out of the county school fund. If it appear that a majority of the votes east at such election are in favor of compulsory attendance the county board of education shall order compulsory attendance upon the school or schools of the township or district named in the petition, as provided for in this act. Upon petition of a majority of the parents of the chil- dren of school age in any school district or toivnship of any county, the county board of education of such county may in its discre- tion order compulsory attendance upon the school or schools named in such petition, or npon all the schools in the toicnship named, as provided for in this act. Whenever it shall appear from the cer- tificate of the county superintendent of public instruction of any county that the enrollment in any school district in said county for the preceding school year was less than sixty per cent, or that the average daily attendance upon said school was less than thirty- five per cent of the school census of said district, the comity board of education of the county in ichich such school is located, xoith- out petitiofi or election, shall have the poiver in its discretion to order compulsory attendance upon such school under the provisions of this act. 1907, c. 894 ; 1909, c. 525. COMPULSORY- ATTENDANCE AGE, EIGHT TO FOURTEEN ; TERM, SIXTEEN WEEKS. Sec. 2. Every parent or person having control of a child over eight and under fourteen years of age shall cause such child to Compulsory Attendance. 17 attend the public school in the district where such parent or person resides for sixteen weelis in each school year, such year beginning on the first day of July and ending on the thirtieth day of June, unless the parent or person having control of such child shall show that the child has elsewhere received during the year regular instruction for sixteen weeks in the branches of study taught in the public schools. Children over twelve years of age shall not be subject to the requirements of this act while lawfully employed at labor at home or elsewhere. PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS. Sec. 3. Any person violating the provisions of the foregoing section two shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than twenty-five dollars : Provided, that if the parent or person having control of the child shall show that the child is destitute of clothing suit- able for attending school, and such parent or person is unable to provide suitable clothing, or that the child's mental or physical condition is such as to render its instruction inexpedient and im- practical, such parent or person shall not be convicted of a viola- tion hereof. Sec. 4. Every person who shall regularly employ any child under twelve years of age or shall authorize or permit the regular employment of such child upon premises under his control during the school hours while the school that such child should attend is in session, shall be guilty of a misdemeanor, unless the child so employed shall have attended school for sixteen weeks prior to such employment and during the current school year, or unless such child is excusable under section three. PENALTY FOR FALSE STATEMENTS AS TO AGE OF CHILDREN. Sec. 5. The person taking the school census of any district shall obtain the information as to the age of each child in the district from the parent or person having control of such child, and the written reports sworn to by the census taker shall be prima facie evidence in any court of the age of each child therein enumerated. Every parent or person having control of a child who shall make any false statement concerning the age of such child with the intent to deceive the census taker or the teacher of any school or the employer of such child shall be guilty of a misdemeanor and fined not more than fifty dollars. 3 18 Compulsory Attendance. evidence of nonattendance. Sec. 6. At the end of the term of the public school the teacher or principal of such school shall make a report to the county superintendent of schools of such county, showing the names of the children between the ages of eight and fourteen who attended such schools and the number of days each child attended. Such statement shall be sworn to by the teacher or principal and shall be prima facie evidence in any court both as to the facts stated therein and that any child not enumerated therein did not attend such school. METHOD OF PROSECUTION FOR NONATTENDANCE. Sec. 7. It shall be the duty of the county superintendent of schools to furnish annually to the constable of such township in his county or to some other lawful otficer of the county a list of the children who have not attended school as required by law, and upon such infoi'mation it shall be the duty of said constable or officer, upon an affidavit of some reputable person that any person has violated the provisions of this act, to cause the offending per- sons to be prosecuted before some justice of the peace of such township. IN DISCRETION OF COUNTY BOARD TO ENFORCE LAW. Sec 8. Whenever the county board of education shall order compulsory attendance upon any school or schools in any school district or township after an election, as provided in section one hereof, the provisions of this act shall be in full force and effect in the territory described and for the schools named, but this act shall not apply to any school or the penalties herein prescribed be enforced except upon the order of the county board of education, as herein provided. CLERK or COURT TO KEEP LIST OF SpHOOLS. Sec 9. It shall be the duty of the county board of education of each county to furnish to the clerk of the Superior Court of such county a list of all schools which have been placed under the operation of this act. The said clerk shall keep a list of the same in his office and shall furnish to each justice of the peace of the county a certified list of all schools in the township of such justice of the peace which' are so included ; and the said list as kept by the said clerk, or a certified statement made by him, shall be conclusive evidence in any court that the provisions Compulsory Attendance. 19 of this act shall apply to the school or schools therein named: Provided, that this act shall not apply to any territory now having compulsory attendance established by law. Sec. 10. That this act shall be in force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907. DEAF CHILDREN MUST ATTEND SCHOOL. AN ACT TO COMPEL WHITE DEAF CHILDREN TO ATTEND SCHOOL. Tlie General Assembly of North Carolina do enact: Section 1. That every deaf child of sound mind in North Caro- lina shall attend a school for the deaf at least five school terms of nine months each, between the ages of eight years and fifteen years. Sec. 2. That parents, guardians or custodians of a deaf child or deaf children between the ages of eight and fifteen years shall send said child or children, or cause to be sent, to some school for the instruction of the deaf, at least five terms or sessions of nine months each, between the ages of eight years and fifteen years. Sec. 3. That parents, guardians or custodians of any deaf chil- dren between the ages provided in section two of this act failing to send said deaf child or deaf children to some school for instruc- tion, as provided in this act, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court, for each year said deaf child is kept out of school, be- tween the ages herein provided : Provided, that said parents, guardians or custodians may elect two years between said ages of eight and fifteen years that a deaf child or deaf children may re- main out of school : Provided further, that this section shall not apply to or be enforced against the parent, guardian or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf, by and with the approval of the executive committee of such institution, shall in his and their discretion serve written notice on such parent, guardian or custodian, directing that such child be sent to the institution whereof they have charge. Sec. 4. That it shall be the duty of the school census taker to report name, age and sex of each deaf child in his district, and name of parents, guardians or custodians and their post-oQice ad- 20 Scientific Temperance Instbuction. dress, to the county superintendent of education, who shall send said report of names and addresses to the Superintendent of the North Carolina School for the Deaf and Dumb, located at Mor- ganton, N. C. ; that said census taker or county superintendent failing to make reports as provided in this act shall be fined five dollars ($5) for each white deaf child not so reported. Sec. 5. That said fine as provided in section three (3) of this act and said fine of five dollars ($5) provided in section four (4) of this act, when collected, shall be paid to the public-school fund of the county in which such child lives. Sec. 6. That this act shall take effect the first day of September, one thousand nine hundred and seven. SCIENTIFIC TEMPERANCE INSTRUCTION. AN ACT RELATING TO SCIENTIFIC TEMPERANCE INSTRUCTION IN THE PUBLIC SCHOOLS. The General Assembly of North Carolina do enact: Section 1. In addition to the branches in which instruction is now required by law to be given in all schools supported wholly or in part by public money, instruction shall also be given as to the nature of alcoholic drinks and other narcotics and their effect upon the human system, in connection with the various divisions of physiology and hygiene, and such subject shall be taught in each school year below the second year in the high schools, and shall be taught as thoroughly as arithmetic and geography are taught in said schools : Provided, that the minimum amount of such instruc- tion shall be two lessons each week for ten weeks, or the equiva- lent of the same, in schools employing one teacher, and three les- sons each week for ten weeks, or the equivalent of the same, in schools employing two or more teachers. Such instruction shall be given by the use of text-bou3ks in the hands of all pupils in all grades from the fourth grade to the first year in the high school, inclusive, or in corresponding classes in graded schools, and orally to all pupils in the first three or primary grades, by teach- ers using text-books adapted to such oral instruction as a guide and standard ; and all pupils must pass such tests as may be re- quired in other studies before promoting to the next succeeding year's work, and such instruction shall be given as aforesaid to all pupils in all public schools of the State. Sec. 2. The text-books used for the instruction required to be given by the preceding section shall be graded to the capacities of the pupils, and for students below high-school grade such text- Scientific Temperance Instruction. 21 books shall give at least one-fifth their space, and for students of fifth school grade they shall give not less than twenty pages to the nature and effects of alcoholic drinks and other narcotics ; but no book in which the required amount of this subject shall ap- pear, in whole or part, as a separate chapter at the end of the book shall be considered as complying with the require- ments of this statute, and no topical outline of study for the guid- ance of teachers which reduces the amount of temperance instruc- tion below that which is required by the text-books provided for in this act shall be considered as complying with the intent of the law. No text-book on physiology and hygiene not conforming to this act shall be used in the public schools except so long as may be necessary to fulfill the conditions of any legal adoption existing at the time of the passage of this act. Sec. 3. In all normal schools, teachers' training classes, teach- ers' institutes, teachers' associations, summer schools and all other organizations for the equipment of teachers, adequate time and attention shall be given to instruction in the best methods of teaching physiology and hygiene with special reference to the na- ture of alcoholic drinks and other narcotics ; and no teacher shall be licensed who has not passed a satisfactory examination in this subject and the best method of teaching it. Sec 4. That it shall be the duty of the proper officer in control of any school or schools described in the first and third sections of this act to enforce the provisions of this act ; and any such offi- cer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provision for the in- struction required and in the manner specified by this act for all pupils in each and every school under his control and supervision shall be removed from office and the vacancy filled as in other cases; and if it be satisfactorily proved that trustees or board of education or board of educational institutions receiving money from the State have failed to enforce this act, as far as they have authority, it shall be deemed sufficient cause for withholding the warrant for the State appropriation of school money to which such district or educational institution would otherwise be en- titled. Sec 5. This act shall be in full force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907. 1907, c. 957. THE PUBLIC SCHOOL LAW. The following is the Public School Law of one thousand nine hundred and five, as amended by the General Assembly of one thousand nine hundred and seven and one thousand nine hundred and nine. Each division of the law is preceded by a succinct sum- mary and contains explanatory notes, the whole being followed by decisions bearing on its interpretation. I. APPLICATION OF CHAPTER. 4029. This chapter not applicable to certain schools ; such SCHOOLS regulated. The provisions of this chapter shall not ap- ply to any township, city or town now levying a special tax for schools and operating under special laws or charters, or to schools operating under section forty-seven, chapter one hundred and ninety-nine, Laws of one thousand eight hundred and eighty-nine. School districts in any city or town now operating under section forty-seven, chapter one hundred and ninety-nine, Laws of one thousand eight hundred and eighty-nine, are hereby continued, and all vacancies in the school committees therein shall be filled by the county board of education. If such districts comprise a town- ship, there shall not be appointed township school committeemen for such township, and all apportionments shall be made directly to the committee of such districts. The superintendent and treas- urer of all such schools receiving any part of the public-school fund shall be required to make to the State Superintendent and the county superintendent such reports as these officers shall de- mand and as are made by other public schools to them, and shall be under the general supervision of the State Superintendent of Public Instruction. 1901, c. 4, s. 73 ; 1903, c. 435, s. 25. [This section requires the proper officers of town and city schools to make reports to the State Superintendent.^ II. THE STATE BOARD OF EDUCATION. Summary: The State Board consists of the Governor, the Lieutenant Governor, the Secretary of State, the Treasurer, the Auditor and the Superintendent of Public Instruction ; HAS corporate POWERS ; THE GOVERNOR IS PRESIDENT, THE StATE Superintendent is secretary ; it must keep a record of its pro- Sections 4030—33. 23 ceedings, and succeeds to all the powers of "the president and directors of the literary fund." this board may make rules for the government and regulation of the public schools and has vested in it the property and management of the literary FUND OF THE StATE.* 4030. Incorporated. The Governor, Lieutenant Governor, Secre- tary of State, Treasurer, Auditor, Superintendent of Public Instruc- tion and Attorney-General shall constitute the State Board of Edu- cation, and by the name, the State Board of Education, are created a corporation, and by that name may sue and be sued ; may have a common seal ; may acquire, receive and hold real, personal and mixed property, by purchase, gift, devise or otherwise, and may sell, dispose of and convey the same; and may contract and be con- tracted with, for the purposes provided in this chapter and for such other purposes as may be prescribed by law, and to that end may make such by-laws for its government and the exercise of its pow- ers, and alter the same from time to time in its discretion, as shall not be in conflict with the laws of the State and of the United States ; and shall be vested with all other powers conferred upon corporations under the general law relating to corporations. Const, Art. IX, ss. 8, 9, 10; Code. s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 4031. Officers ; quorum ; meetings ; expenses. Of the board, the Governor shall be president, the Superintendent of Public In- struction shall be secretary, and the Treasurer of the State shall be treasurer, and a majority of the board shall constitute a quo- rum for the transaction of business. The board shall hold its meet- ings in the Executive office, and shall meet at such times as a majority of the members may appoint ; but the Governor may call a meeting at any time. The contingent expenses of the board shall be provided for by the General Assembly. Const, Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 4032. Proceedings recorded. All the proceedings of the board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction. Code, s. 2505 ; ISSl, c. 200, s. 3. 4033. Succeeds to powers and property, etc., of literary fund. The State Board of Education shall succeed to all the powers and *The State Board of Education, in addition to the above, lias control of the Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). The State Board also elects directors of State Normal and Industrial College (Rev. 1905, 4252). The trustees of the East Carolina Training School are also elected by this board (Laws 1907). 24 Sections 4034—35. trusts of the "president and directors of the literary fund of North Carolina," and shall have full power to legislate and make all needful rules and regulations for the government of the public schools and for the management of the State educational fund; but all such acts, rules and regulations of the board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed shall not be re-enacted by the board ; and the board shall succeed to and have all the property, powers, rights, privileges and advantages which in anywise belonged or apper- tained to the "president and directors of the literary fund of North Carolina," and may, in its own name, assert, use, apply and enforce the same. Const, Art. IX, s. 10; Code, s. 2506; ISSl, c. 200, s. 4; R. C, c. 66 ; R. S., CO. 66, 67. 4034. Accounts kept ; reports made. The State Treasurer shall keep a fair and regular account of all the receipts and disburse- ments of the State literary fund, and shall report the same to the General Assembly at the same time when he makes his biennial account of the ordinary revenue; and the State Board of Educa- tion shall report to the General Assembly the manner in which the fund has been applied or invested, with such recommendations for the improvement of the same as to it shall seem expedient. Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 4035. How FUNDS INVESTED. The state Board of Education is authorized to invest in North Carolina four per cent bonds or in other safe interest-bearing securities, the interest on which shall be used as may be directed from time to time by the General As- sembly for school purposes. 1891, c. 369. Note. — Sections 4036-4052 concern Swamp Lands. III. LOANS FOR BUILDING SCHOOLHOUSES. Summary: The State Board may make loans from the liter- ary FUND TO the county BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE SCHOOL DISTRICT. Such loans bear 4 per cent interest and are a lien ON ALL the county SCHOOL FUNDS, AND MUST BE REPAID IN TEN EQUAL INSTALLMENTS. ALL LOANS ARE MADE UNDER SUCH RULES AND REGULATIONS AS THE StATE BOARD MAY ADOPT.* *The State Superintendent, on application, will furnish the rules regulating this subject. Sections 4053 — 55. 25 4053. Made by State Board. The State Board of Education, under such rules and regulations as it may deem advisable, not inconsistent with the provisions of this chapter, may make loans from the State literary fund to the county board of education of any county for the building and improving of public-school houses in such county ; but no warrant for the expenditure of any money for such purposes shall be issued by the Auditor except upon the order of the State Superintendent of Public Instruction, with the approval of the State Board of Education. 1903, c. 567, ss. 1, 2, 8. 4054. Terms of. Loans made under the provisions of this chap- ter shall be payable in ten installments, shall bear interest at four per centum, payable annually, and shall be evidenced by the note of the county board of education, executed by the chairman and secretary thereof, and deposited with the State Treasurer. The fix'St installments of such loan, together with the interest on the whole amount then due, shall be paid by the county board on the tenth day of February after the tenth day of August subsequently to the making of such loan, and the remaining installments, to- gether with the interest, shall be paid, one each year, on the tenth day of February of each subsequent year, till all shall have been paid. 1903, c. 567, s. 3. 4055. How SECURED AND PAID. At the January meeting of the county board of education, before any installment shall be due on the next tenth day of February, the county board shall set apart out of the school funds an amount sufficient to pay such installment and interest to be due, and shall issue its order upon the treasurer of the county school fund therefor, who, prior to the tenth day of February, shall pay over to the State Treasurer the amount then due. And any amount loaned under the provisions of this law shall be a lien upon the total school funds of such county, in whatsoever hands such fund may be ; and upon failure to pay any installment or interest, or part of either, when due, the State Treasurer may deduct a sufficient amount for the payment of the same out of any fund due any county from any special State appropriation for pub- lic schools, or he may bring action against the county board of education of such county, any person in whose possession may be any part of the school funds of the county, and the tax collector of such county; and if the amount of school fund then on hand be insufficient to pay in full the sum so due, then the State Treasurer" 26 Sections 4056 and 4085. shall be entitled to an order directing the tax collector of such county to pay over to the State Treasurer all moneys collected for school purposes until such debt and interest shall have been paid. 1903, c. 567, s. 4. 4056. Loans by county boards to school districts. The county board of education, from any sum borrowed under the provisions of this chapter, may make loans to any district in such county for the purpose of building schoolhouses in such district, and the amount so loaned to any district shall be payable in ten annual installments, with interest thereon at four per centum, payable annually. At the January meeting of such county board it shall deduct from the apportionment made to any district which has borrowed under the provisions of this chapter the installment and interest then due, and shall continue to deduct such amount at each annual January meeting until the whole amount shall have been paid, together with interest. 1903, c. 567, s. 5. [Under this section the county board of education may make an additional apportionment out of its huilding fund to assist a dis- trict to repay its annual interest and installment on its loan.] Note. — Sections 4057-4084 concern the Text-book Commission. IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. Summary: The system or public education must be uniform AND FREE TO ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY- ONE YEARS. Separate schools must be provided for white, col- ored AND Indian children, without race discrimination. The course of study must include spelling, reading, writing, arith- metic, DRAWING, language LESSONS AND COMPOSITION, ENGLISH grammar, geography, history of north carolina and the united States, and elements of civil government, containing the Con- stitutions OF North Carolina and of the United States, and text-book instruction in physiology and hygiene. Other sub- jects MAY be taught IN ELEMENTARY SCHOOLS WHEN PRESCRIBED BY THE State Board of Education. The State Superintendent pre- scribes THE course of STUDY FOR HIGH SCHOOLS UNDER THE LaWS of 1907. All school officials are required to take oath for THE faithful PERFORMANCE OF THEIR DUTIES. 4085. Uniform system ; compulsory' attendance. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right ; and, religion, morality Sections 4086 — 87. 27 and knowledge being necessary to good government and the happi- ness of mankind, schools and the means of education shall forever be encouraged. The General Assembly shall provide, hy taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all children of the State between the ages of six and twentj'-one years; and the General Assembly is empowered to enact that every child of sufficient men- tal and physical ability shall attend the public schools, during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means. Const., Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 40SG. Sepaeate schools for races ; no discrimination against EITHER RACE. The Children of the white race and the children of the colored race shall be taught in separate public schools, but there shall be no discrimination in favor of or to the prejudice of either race. All white children shall be taught in the public schools provided for the white race, and all colored children shall be taught in the public schools provided for the colored race; but no child with negro blood in his veius, however remote the strain, shall attend a school for the white race, and no such child shall be con- sidered a white child. The descendants of the Croatan Indians now living in Robeson and Richmond counties shall have separate schools for their children, as hereinafter provided in this chapter. Const., Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. [It is the duty of the county boards of education to provide sepa- rate school facilities for the Cherokee Indian children residini/ in the tcestern part of this State, ichen not othericise provided for.] 4087. What taught. The branches to be taught in all the pub- lic schools shall be spelling, reading, writing, arithmetic, drawing, language lessons and composition, English grammar, geography, the history of North Carolina and the United States and elements of civil government containing the Constitution of North Carolina and of the United States, elements of agriculture and oral and text- book instruction in elementary physiology and hygiene, including the nature and eflfect of alcoholic drinks and narcotics: Provided, that in public schools employing more than one teacher the ele- ments of civil government, physiology and hygiene, including the nature and effect of alcoholic drinks and narcotics and such other subjects of study as the State Board of Education may direct, shall be taught, after adequate provision shall have first been made for the thorough teaching of the branches before named. 1905. c. 533, s. 9 ; 1901. c. 4. s. 37. 28 Sections 408S— 89. [High-school hranches cannot 6e taught in schools having anly one teacher, and may he taught in schools having more than one teacher only after adequate provision has first heen made for the thorough teaching of the elementary branches mentioned in this section.] 4088. Oath of office taken by officials. The members of the county board of education, the school committeemen and the county superintendent of public instruction shall, before entering upon the duties of office, take oath for the faithful performance thereof. 1901, c. 4, s. 45. V. THE GENERAL POWERS AND DUTIES OF THE STATE SUPERINTENDENT. Summary: The StrPEEiNTENDENT is required to publish the SCHOOL LAW, make A BIENNIAL REPORT TO THE GOVERNOR. KEEP HIS office at the capital. AND SIGN ALL ORDERS FOR MONEY PAID OUT OF State Treasury for educational purposes. He has general DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- TIONS OF THE State, and he must also keep in touch with the educational progress of other states.* 4089. Shall equip office, print and circulate school law, SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- struction of North Carolina shall have the school laws published in pamphlet form and distributed on or before the first day of May of each year. He shall send to each oflBcer a circular letter enumerating his duties as prescribed in this chapter. He shall have printed all the forms necessary and proper for the purposes of this chapter, and he is herehy authorized to have printed as other public printing and distributed such educational bulletins as he shall deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public edu- cation, and shall look after the school interests of the State, and *In addition to these general duties, the State Superintendent has the follow- ing duties: Supervision and control of normal department of Cullowhee High School, Rev. 1905. 4228; secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; president of board of directors State Normal and Industrial "College, Rev. 1905, 4252; chairman of trustees of East Carolina Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; prescribes course of study for public high schools, Laws 1907; makes rules and regulations for niral libraries, Rev. 1905. 4175; and member board of trustees of Appalachian Training School, Laws 1907. Sections 4090—92. 29 report biennially to the Governor, at least five days previous to each regular session of the General Assembly, which report shall give information and statistics of the public schools and recom- mend such improvements in the school law as may occur to him. He shall keep his office at the seat of government, and shall sign all requisitions on the Auditor for the payment of money out of the State Treasury for school purposes. Copies of his acts and decisions and of all papers kept in his office and authenticated by his signature and official seal shall be of the same force and valid- ity as the original. He shall be furnished with such room, fuel and stationery as shall be necessary for the efficient discharge of the duties of his office. 1909, c. 525. 4090. Shall construe and enforce law ; ascertain best school METHODS. He shall direct the operations of the system of public schools and enforce the laws and regulations in relation thereto. The county board of education and aH other school officers in the several counties shall obey the instructions of the State Superin- tendent and accept his constructions of the school law. It shall be his duty to correspond with leading educators in other States and to investigate systems of public schools established in other States, and, as far as practicable, render the results of educa- tional efforts and experiences available for the information and aid of the Legislature and State Board of Education. 1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 4091. Shall counsel county boards ; hold institutes, etc. It shall be his duty to acquaint himself with the peculiar educational wants of the several sections of the State, and he shall take all proper means to supply such wants, by counseling with county boards of education and county superintendents, by lectures be- fore teachers' institutes and by addresses to public assemblies on subjects relating to public schools and public-school work. 1901, c' 4, s. 9. 4092. Duties as to loan fund. He shall go to any county, when necessary, for the due execution of the law creating a permanent loan fund for the erection of public-school houses. He shall in- clude in his annual reports a full showing of everything done un- der the provisions of the law creating the permanent loan fund for the erection of public-school buildings. 1903, c. 751, ss. 11, 12. 30 Sections 4093—94. VI. SCHOOL FUNDS PROVIDED BY THE STATE. Summary: 1. The income of the permanent school fund, or LITEKARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING: (a) LAND GRANTS FROM UNITED STATES; (&) MONEYS. STOCKS, bonds; (C) SALES OF SWAMP LANDS; (cl) GRANTS, GIFTS OR DEVISES. All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT (c). The State Board of Education now uses the literary FUND TO AID IN BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- TIVE SECTIONS 4094-4096 below. See sections 4053-56. 2. The annual State appropriation of $125,000 for public schools, distributed per capita according to school population, and an additional annual appropriation of .$100,000 for the purpose of securing a four-months school in all the school districts of the state* — in all, $225,000 annually. 4093. Special permanent fund. The proceeds of all lands that have been or may hereafter be granted by the United States to this State and not otherwise appropriated by this State or the United States ; also all moneys, stocks, bonds and any other prop- erty now belonging to any State fund for the purposes of educa- tion ; also the net proceeds of sales of swamp lands belonging to the State, and all other grants, gifts or devises that have been made or hereafter may be made to this State and not otherwise appropriated by this State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be set apart for that purpose, shall be faithfully appropriated for establishing and maintaining a system of free public schools, as established in pursuance of the Constitution, and for no other purpose what- soever. And all funds of the State heretofore derived from the sources enumerated in section four, article nine of the State Con- stitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon, shall be a fund sepa- rate and distinct from the other funds of the State, to be known as the State literary fund. Const. Art. IX. s. 4; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. 4094. Apportionment of income of school fund. The State Board of Education shall, on the first Monday in August of each and every year, apportion among the several counties of the State all the school funds which may be then in the treasury of the *The sum of $7,500 for the establishment of rural libraries is deducted biennially from this additional $100,000. The total literary fund now amounts to $456,470.50. Sections 4095—97. 31 board and order a warrant for the full apportionment to each county, which apportionment shall be made on the basis of the school population ; but no part of the permanent school fund shall be apportioned or distributed, but only the income therefrom. The State Auditor shall keep a separate and distinct account of the public-school funds and of the income and interest thereof, and also of such moneys as may be raised by State, county and capita- tion tax. or otherwise, for school purposes. 1901, c. 4, s. 1. 4095. Apportionment, how paid. Upon the receipt of the requi- sition of the treasurer of any county, duly approved by the chair- man and secretary of the county board of education, for the school fund which may have been apportioned to such county, the State Board of Education shall issue its warrant on the State Auditor for the sum due such county, whereupon the Auditor shall draw his warrant on the treasurer of the State Board of Education in favor of such county treasurer for the amount set forth in the warrant of the State Board. 1901. c. 4, s. 2. 4096. Warrants, how drawn and endorsed. The State Treas- urer shall receive and hold as a special deposit all school funds paid into the treasury, and pay them out only on the warrant of the Auditor, issued on the order of the State Board of Education in favor of a county treasurer, duly endorsed by the county treas- urer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the State Treasurer for the disbursement of school funds. 1901, c. 4, s. 3. 4097. Annual appropriation for distribution. One hundred and twenty-five thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to be dis- tributed to the respective counties of the State, per capita as to school population, on the first Monday in January of each year, using the school census of the previous scholastic year as a basis of apportionment: Provided, that the State Board of Education may deduct annually from said appropriation or from any other appropriation out of the State Treasury for puhlic schools an amount not to exceed one thousand two hundred dollars, to he used in part payment of the salary and expenses of the Superintendent of the State Colored Normal Schools and inspector and director of the county institutes and teacher-training work of the State, to 32 Sections 4098—4105. he paid hy the State Treasurer only upon the warrant of the State Auditor, issued uj)on requisition of the State Superintendent of PuMic Instruction. 1901, c. 543, s. 1 ; 1909, c. 779. 4098. Waerants, how drawn. The Superintendent of Public In- struction shall issue warrants upon the State Auditor for the amount due each county under the next preceding section, such warrants to be drawn in favor of tl^e county treasurer of each county, to be credited to the general public school fund of the county. 1901, c. 543, s. 2. 4099 — ii05 (Substitute for). One hundred thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to he apportioned hy the State Board of Education as follows: The treasurer of the county school fund ■and the county superintendent of puhlic instruction of each county in which a special tax has been levied hy the county commis- sioners thereof to maintain one or more puhlic schools in each school district of said county for a period of four months in each year shall make affidavit to the State Superintendent of Puh- lic Instruction, on or hefore the second Monday in January of each year, stating the rate of the special tax so levied hy said commissioners in June of the preceding year, and said affidavit shall he accompanied with a certified copy of the itemized state- ment suhmitted hy the county hoard of education to the county commissioners in accordance with which said levy of said special tax for schools was made, signed hy the chairman of the county hoard of education and the county superintendent of puhlic in- struction, and such further information ahout the receipts and expenditures and apportionment of the school fund in said county as may he required hy the State Superintendent of Puhlic Instruc- tion; and thereupon the State Board of Education shall apportion to said county from said appropriation a sum of money equal to the amount so levied and to he derived from said special tax: Provided, that if in any county that has levied a maximum special tax of five cents on the one hundred dollars valuation of property and fifteen cents on the poll the funds are still irv- sufficient to maintain in every school district one or more puhlic schools for at least four months, an additional apportionment shall he made to said county of the additional amount neces- sary to provide a four-months school term in every school district in such county. The State Superintendent of Public Instruction Section 4106. 33 shall issue a requisition on the State Auditor for the amount so aiyportioned to any county, loho shall issue his loarrant in favor of the county treasurer of said county for said amount, and the money shall be placed by said, treasurer to the credit of the general public school fund of the county, to be used, first for providing a four-months school term, in every school district, and any balance to be used for equalizing, as nearly as may be, the terms of all the public schools of said county. The balance of the State appro- priation of one hundred thousand dollars herein provided shall be apportioned by tJie State Board of Education to the respective counties of the State, per capita as to school population, as pro- vided for the apportionment of the one hundred thousand dollars appropriated under section four thousand and ninety-seven of the Revisal of one thousand nine hundred and five of North Carolina: Provided further, that the State Board of Education shall de- duct from said appropriation biennially the sum of seven thou- sand five hundred dollars for rural libraries, as provided in sec- tion four thousand one hundred and seventy-nine of the Revisal of one thousand nine hundred and five of North Carolina. That no comity needing aid from this appropriation for a four-months school term in every district shall receive any funds therefrom until it shall have levied the special tax herein required of it for that purpose. 1909, c. 508. 4106. Excessive appkopeiations for schoolhouses exclude fkom BENEFITS OF THIS SUBCHAPTER. No appropriation shall be made to any county wherein has been expended or set aside during the fiscal year for the purpose of building schoolhouses a percentage of the total school fund of such county greater than the following : In counties with a total school fund of five thousand dollars or less, not to exceed twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not to exceed sixteen per centum thereof; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not to exceed ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not to exceed seven and one-half per centum thereof. Nor shall any appropriation be made under this subchapter to any county if it appear that the requirements of the school law in regard to the apportionment of funds to the various districts have not been complied with in all respects. 1903, c. 751, s. 10. 5 34 Section 4107. VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL TAXATION AND APPORTIONMENT OF THE SAME. Summary: 1. The proceeds of the sale of estrays ; all fines, penalties and forfeitures ; liquor license taxes and auction- eers' license tax. 2. The proceeds of three-fourths of the general poll tax, THE maximum of WHICH IS TWO DOLLARS, ON ALL MAI-E PERSONS between twenty-one and fifty years of AGE.* 3. The proceeds of an 18 cents tax on each $100 assessed valuation of real and pe:rsonal property.* 4. The proceeds of a maximum special tax of 30 cents on each $100 assessed valuation of property and 90 cents on each poll MAY BE levied BY A MAJORITY VOTE OF THE QUALIFIED VOTERS OF any incorporated town ob school district. 5. The proceeds of a maximum township high-school tax of 30 CENTS ON each $100 ASSESSED VALUATION OF PROPERTY AND 90 cents on each poll may be levied by a majority vote of the qualified voters of any township. 6. The proceeds of such special school tax as any town ob city by its charter or by a special act of the general assem- bly may acquire the right to levy^ by the approval of a ma- jority of its qualified voters. The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS OF EDUCATION, ACCORDING TO SECTION 4116, BELOW ; ALL OTHER SCHOOL FUNDS ARE ENTIRELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- MITTEES OB BOARDS OF EDUCATION. 4107. County educational fund fob free public schools. All moneys, stocks, bouds and other propertj^ belonging to a county school fund ; also the net proceeds from sales of estrays ; also the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as equivalent for exemption from military duties ; also the net proceeds of any tax imposed on licenses to retailers of wines, cordials or spirituous liquors, and to auctioneers, shall be- long to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools *Revisal 1905, sections 5109 and 5110; Constitution, Art. V, sections 1 and 2. Sections 4108 — 11. 35 in the several counties as established in pursuance of the Consti- tution. The amount collected in each county shall be reported an- nually to the State Superintendent of Public Instruction. Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 4108. County officers file list of fines ano penalties with COUNTY BOARD OF EDUCATION. The clerks of all state and municipal courts and the clerks or other officials having in custody the rec- ords of any city or town in the State shall furnish to the county board of education of their respective counties, on the first Mon- day of .July and January of each year, a detailed statement of fines, forfeitures and penalties which go to the school fund, that have been imposed or which have accrued. 1901, c. 4, s. 62. 4109. Tax lists to have separate columns for school taxes. The Auditor shall include on the form which he furnishes to the board of county commissioners, and on which the tax lists are to be made out, separate columns for school poll tax and school property tax and for special county and district taxes on property and polls. In one of these columns shall be written the total poll tax levied by the State and by the county authorities for schools and due by the taxpayer. In the other column shall be written the total property tax levied by the State and by the county authorities and due by the taxpayer. 1901, c. 4, s. 60. 4110. Register of deeds to furnish abstracts of tax lists to county board. The register of deeds shall furnish to the county board of education, as soon as the tax lists are made out, an ab- stract of such lists, showing in separate columns the total amount of poll tax on such lists, and also the total amount of property tax thereon, and also in another column the amount of special county and district poll taxes, and in a separate column the amount of special county and district property taxes; and shall furnish such other information from his office as the county board of education may require. 1901, c. 4, s. 61. 4111. Sheriff's liability, ci\t:l and criminal, for failure to settle school tax. The sheriff of each county shall pay annually in money to the treasurer of the county school fund, on or before the thirty-first day of December of each year, the whole amount for school purposes collected by both state and county, less his lawful commission for collecting the same, and such sum as may be allowed on account of insolvents for the current year, and on 36 Section 4112. failing to do so shall be liable to an action on his official bond for his default in such sum as will cover such default, such action to be brought to the next ensuing term of the Superior Court in the name of the State upon the relation of the board of county commissioners. In making settlement with the treasurer the sheriff or tax collector shall make separate account of insolvents and delinquents allowed, whether on property or capitation tax. The county superintendent shall make copies of the fines and pen- alties reported by justices of the peace and reported to clerk of Superior Court, and file the same with the county board. Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 4112 (Substitute fok). On or before the first Monday in June of each and every year the county board of education of each county shall ascertain the amount of money that will be needed to maintain the public schools of such county for four months dur- ing the succeeding school year. The board of education, using as a basis the receipts for school purposes during the current school year ending June thirtieth, shall ascertain the amount that loill be available for school purposes from the regular school tax, from fines and penalties and from the amount appropriated under sec- tion four thousand and ninety-seven of the Revisal of one thou- sand nine hundred and five of North Carolina. If the amount to be received is less than the amount ascertained to be needed, the board of education shall submit a statement of the above facts to the board of county commissioners of such county; and it shall be the duty of the board of county commissioners to levy a special tax on all property and polls in said county to supply one-half the deficiency for the support and maintenance of the public schools of such county for four months: Provided, that this special tax shall not be less than one cent on the one hundred dollars valua- tion of property and three cents on each poll, nor more than five cents on the one hundred dollars valuation of property and fifteen cents on each poll in any county. This tax shall be levied and collected as other county taxes are levied and collected, and the funds thus raised shall be expended in such manner as the county board of education may determine for maintaining one or more public schools in each school district for four months in each year. The calculation of the amount that will be necessary slvall state separately the amounts needed for supervision, for adminis- tration, for buildings and repairs, for expenses (this to be item- ized) and for salaries of teachers. The limitation placed by law on each of these objects shall not be exceeded. The county board Section 4113. 37 of education shall further state the nnniher of teachers, white and colored, to be employed in each district, and the salary of each teacher in each district, and the average of salaries to be paid, according to this statement, shall not exceed the average salaries paid in the State during the preceding year for rvhite teachers and colored teachers, respectively. In the event of a disagreement between the county board of education and the board of county commissioners as to the rate of tax to be levied, the county board of education may bring an action in the nature of mandamus against the board of county commissioners to compel the levy of such special tax in the manner and form as provided in sections eight hundred and twenty-two and eight hundred and twenty-four of the Revisal of one thousand nine hundred and five of North Carolina, and it shall be the duty of the judge hearing the same to find the facts as to the amount needed and the a/mount available from the sources herein specified, which finding shall be conclusive, and to give judgment, requiring the county commissioners to levy the sum which he shall find necessary to maintain the schools for four months In said county. 1909, c. 508. 4113. Special tax may be voted fob township high schools. In any township, upon petition of one-fourth of the freeholders of the township, approved by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the township, shall hold an election to ascertain the will of the people within the township whether there shall be levied in said township a special annual tax of not less than ten cents nor more than thirty cents on the one hundred dollars valuation of property and not less than thirty cents nor more than ninety cents on each poll, in addi- tion to all other taxes levied for all other purposes, to be used for the establishment of a central high school or high schools in said township, in case such special tax is voted. The board of county commissioners shall appoint a registrar and order a new registration for said township, and said election shall be held in the said township under the law governing general elections, as nearly as may be, and the expenses of such election shall be paid out of the general county school fund. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For High-school Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against High- school Tax." In case a majority of the qualified voters at said 38 Section 4114. election are in favor of said tax, tben so mucli of the tax on property and polls herein provided for as in the judgment of the committee may be necessary shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed by the treasurer of the county school fund to the credit of the township high-school committee, composed of three members, appointed by the county board of edu- cation, and shall be expended exclusively by said committee in establishing and maintaining one or more high schools in said township, under such rules and regulations as to its conduct and such course or coui'ses of study as shall be prescribed by the State Superintendent of Public Instruction. The powers, duties and qualifications of the committeemen provided for in this section shall be similar to those of other school committeemen, and they shall have the same power to apportion the funds so raised us is conferred upon the county board of education for apportionment of the general fund among the schools of the township. And the provisions of this section shall not be so construed as to prevent the teaching of the elementary branches in such high schools as may be established, nor so construed as to prevent the county board of education from making such apportionment of public school funds to such high schools as they may deem equitable and just : Provided, that township high schools may also be estab- lished without the levying of a special high-school township tax, where the public funds are sufficient for that purpose, under such rules and regulations as to organization and course of study as the State Superintendent of Public Instruction shall prescribe: Provided further, that high-school subjects may be taught in all public schools employing more than one teacher, according to such rules and regulations as to organization and course of study as shall be prescribed by the State Superintendent of Public Instruc- tion, where the public funds are sufficient to provide for such teaching; but the high-school branches taught in such schools shall not interfere with the thorough teaching of the elementary branches. 1905, c. 533, s. 13. 4114. Special tax may be voted in cities and towns. In every incorporated city or town in which there is not now levied a special tax for schools, upon a petition signed by one-fourth of the freeholders therein, the board of aldermen or town commissioners of said city or town shall, at the date of municipal or general Section 4115. 39 election next ensuing, upon ttie presentation of said petition, order an election to be held to ascertain the will of the people whether there shall be levied in such city or town a special annual tax of not more than thirty cents on the one hundred dollars val- uation of property and ninety cents on the poll to supplement the public-school fund in such city or towp. Said election shall be held in the different election precincts or wards under the law governing municipal or general elections in said cities or towns. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or writ- ten the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at said election is in favor of said tax, the same shall be annually levied and collected in such town or city in the manner prescribed for the levy and collection of other city taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the town school committee, composed of not less than five nor more than seven members, appointed by the board of aldermen for said city or town, and shall be by said committee expended exclusively upon the public schools in said city or town ; and there shall be but one school district in the said city or town, in which there may be established one or more schools for each race, and the school committee shall apportion the money among said schools in such manner as in their judg- ment will equalize school facilities. 1901, c. 4, s. 71. 4115. Special tax may be voted in special school disteicts. Special school-tax districts may be formed by the county board of education in any county, without regard to township lines, under the following conditions : Upon a petition of one-fourth of the freeholders within the proposed special school district, in whose names real estate in such district is listed in the tax lists of the current fiscal year, endorsed by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the proposed district, shall hold an election to ascertain the will of the people within the proposed special school district whether there shall be levied in such district a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public-school fund which may bo ap- portioned to such district by the county board of education in 40 Section 4115. case such special tax is voted. Tlie board of county commis- sioners sliall appoint a registrar and two poll holders, and shall designate a polling place and order a new registration for such district, and the election shall be held in the district under the law governing general elections, as near as may be, and the regis- trar and poll holders shall canvass the vote cast and declare the result, and shall duly certify the returns to the board of county commissioners, and the same shall be recorded in the records of said board of commissioners : Provided, the expense of holding said election shall be paid out of the general school fund of the county. At such election those who are in favor of the levy and collection of the tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are op- posed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at the election is in favor of the tax, the same shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the school committee in such district, which committee shall be appointed by the county board of education, and such school committee shall apportion the money among the schools in such district in such manner as in its judgment shall equalize school facilities. Upon the written request of a majority of the committee or trustees of any special-tax district, the county board of education may enlarge the boundaries of any special- tax district established under this section, so as to include any contiguous territory, and an election in such new territory may be ordered and held in the same manner as prescribed in this sec- tion for elections in special-tax districts ; and in case a majority of the qualified voters in such new territory shall vote at such election in favor of a special tax of the same rate as that voted and levied in the special-tax district to which said territory is contiguous, then the new territory shall be added to and become a part of the said special-tax district; and in case a majority of the qualified voters at such election shall vote against said tax, the district shall not be enlarged. Upon petition of one-half of the qualified voters residing in any special-tax district established under this section, endorsed and approved hy the county hoard of education, the hoard of county commissioners shall order anr other election in said distinct for submitting the question of re- volting said tax and abolishing said district, to be held under the Section 4116. 41 provisions prescribed in this section for holding other elections: Provided, that no election for revoking a special tax in any special- tax district shall he ordered and held in said district tvithin less than tico years from the date of the election at ichich the tax teas voted and the district established, nor at any time within less than tico years after the date of the last election on said question in said district; and if at such election a majority of the qualified voters in said district shall vote "Against Special Tax," said tax shall he deemed revoked and shall not he levied, and said district shall he discontinued: Provided further, that the provisions for ordering a new election to revoke a special tax in any special- tax district shall not apply to elections in such districts for in- creasing or restoring the special tax levy in such district, ichich elections may he ordered and held at any time in accordance with the provisions of this section for estahlishing new special-tax districts. 1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 525. 4116. Apportionment of school funds ; reservation of con- tingent FUND. The county board of education shall, on the first Monday in January and the first Monday in July of each j-ear, apportion the school fund of the county to the various townships per capita ; but it shall, before apportioning the school fund to the various townships, reserve as a contingent fund an amount sufficient to pay the salary of the county superintendent and per diem and expenses of the county board of education, and shall set aside one-sixth, if necessary, of the total school fund to be used in securing a four-months school term in every school in the county ; and may further reserve as a fund for building and repairing schoolhouses and for equipment in counties with a total school fund of five thousand dollars or less, not more than twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thou- sand dollars, not more than sixteen per centum thereof; in coun- ties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven and a half per centum thereof, to be used as directed in section four thousand one hundred and twenty-four. It shall be the duty of the county board of education to distribute and apportion the school money of each township so as to give to each school in the township for each race the same length of school term, as nearly as may be, 6 42 Section 4116. each year. In making such apportionment the board shall have proper regard for the grade of worli to be done and the qualifica- tions of the teachers required in each school for each race. As soon as the apportionments are made, it shall be the duty of the board to notify the school committeemen and the treasurer of the county school fund of the amount apportioned to each school, designating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting subsequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by providential or other unavoidable causes. 1901, c. 4, s. 24; 1903, c. 435, s. 9. [No county which does not apportion its school fund according to this section can legally ask for aid from the second $100,000. The apportionment of the school fund, therefore, strictly accord- ing to this section, is highly important. The foUoicing are the successive steps to observe: 1. Determine, first of all, what the total school fund is. 2. Next reserve the contingent fund to pay the salary of the county superintendent and the mileage, per diem and expenses of the county hoard. 3. Reserve, if necessary, what may he needed for building, observing that the amount for this purpose is limited according to the amount of the total fund. 4. Ascertain the school population of the whole county, and calculate what the per capita is for each child, after deducting the sum of the contingent fund and the building fund. 5. Multiply the per capita thus found by the whole number of children in each township, which will give the apportionment due each township. 6. Then fix the salary to be paid the teacher, white or black, of each school in each toivnship, and also fix the amount of inci- dental expenses for each school. The sum of the salary for the term and the incidental expenses will he the apportionment to each district. 7. After this has been done, it can he easily ascertained lohat townships, if any, will not have a four-months term,^ and what townships, if any, will have more than a four-months term. If no township can thus be given a four-months term, the apportion- ment is then complete; but if it is found that some townships by Section 4116. 43 this method will have more than a four-months term and some less, then as much of the school fund of those townships tvhich will have more than a four-months term must be used to secure to all the schools of the other townships an increased school term hy as much as one-sixth of the total fund apportioned will increase it. In other ivords, an amount equal to one-sixth of the total fund apportioned as above directed, if necessary, should be taken from the apportionment to the stronger townships tvhich will have more than a four-months term and used to aid the weaker townships to have as nearly as possible a four-months term. This reserve fund should be taken pro rata from the stronger townships and added to the fund of the loeaker town- ships so as to equalise the school term. 8. If the apportionment made by adhering to the instructions in 1 to 6 above tvill result in giving all the schools of all the town- ships more than a four-months term, but will give to some toivn- ships a much longer term than to others, then it is the spirit of the law to use as much as one-sixth of the total fund apportioned to equalize the school term in the weaker townships. It should always be remembered that no per capita apportion- ment of the school fund directly to the district is a legal appor- tionment in any county, under this section, and that no other method of apportionment than that outlined above is legal and equitable. For instance, if one first-grade salary is fixed for a district containing sixty-five children of school age, and one first- grade salary is fixed for another district containing forty-five children of school age in the same township, the apportionment to each district would necessarily have to be the same, unless there tvas a difference in the necessary incidental expenses or in the kind of first-grade teacher to be employed. The law contem- plates only an apportionment to the toivnship per capita, and then such a distribution of the funds of the township as will give each district in the toivnship, large or small in population, tlie same length of school term. This cannot be done, unless the board fixes the salary to be paid the teacher of each school in the toicnship and apportions the school fund of the township ac- cordingly. Of course, it would be entirely proper not to fix the same salary for every first-grade teacher, without regard to the grade of tcork required in each school and the qualifications of individual first-grade teachers. What has been said above does not apply to special local-tax funds under the control of the school committees. And, finally, the term "iceak districts" necessarily ap- 44 Sections 4117 — IS. plies to all the districts of a toicnship, for there can otherwise he provided no such equality of school term in the toicnships as this section contemplates.] 4117. Apportionment, basis of. The semiannual apportionment of public-school money shall be based upon the amounts actually received by the county treasurer from all sources and reported by him to the county boax'd of education, as required by this chapter. 1901, c. 4, s. 25. 4118. Fiscal school yeae. The fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. 1901, c. 4, sec. 67. A Decision of tine Superintendent. Would the investment of the proceeds of the sale of old school property in neic property reduce by the amount of such proceeds the part of the general county school fund that may 6e annually invested in school huil dings? The purpose of limiting the amount of the school fund that can be annually expended for school buildings was to prevent the hurtful decrease of the school term. Using the proceeds of the sale of old school property for new and better property is simply exchanging school property, and need not be accounted for in the annual apportionment of the school fund of the county. VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION. Summary: The county boakd is composed of thkee members ELECTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO AC- QUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CONFERRED ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE REGULATIONS GOVERNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS AND OF TEACHERS ON EDUCATIONAL MEETINGS. THIS BOARD ALSO CONTROLS THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR OF ALL SCHOOLHOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE SCHOOL DISTRICTS. IN ADDITION TO THE EXERCISE OF THE USUAL COR- PORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF THE State Superintendent, and to remove any teacher fob IMMORAL conduct. Sections 4119 — 20. 45 4119. Election of ; vacancies in, how filled. The General As- sembly of one thousand nine hundred and nine shall appoint three men in each county, who shall constitute the county board of edu- cation — one for a term of office of two years, one for a term of office of four years and one for a term of office of six years. The term of office of each shall begin on the first Monday in July next succeeding his appointment. Each succeeding General Assembly, at its regular session, shall appoint one member of the county board of education in place of the member whose term of office expires on the first Monday in July next succeeding that meeting of the General Assembly, and his term of office shall continue for six years from the first Monday in July next succeeding his ap- pointment and until his successor is duly appointed and qualified: Provided, that the provisions of this section shall not apply to those counties in which the county boards of education were, at the geiv- eral election of nineteen hundred and eight, elected by vote of the people. No person shall be eligible as a member of the county board of education who is not knoion to be a man of intelligence, of good moral character, of good business qualifications and heartily in favor of public education. In case of a vacancy in the county board of education, by death, resignation or other- wise, such vacancy shall be filled by the remaining mem- bers of such county board ; but if such vacancy should remain un- filled for thirty days after it occurs, it shall be filled by the State Board of Education. Upon failure of the General Assembly to appoint one or more members of the county board of education for any county as herein provided, such failure shall constitute a vacancy, which shall be filled by the State Board of Education; Provided, that no person, while actually engaged in teaching in the public schools, shall be eligible as a member of the county board of education. 1901, c. 4, s. 12 ; 1903, c. 269, c. 435, s. 3 ; 1905, c. 533, s. 3 ; 1909, c. 435. 4120. Qualification of members ; failure to qualify ; vacancy. Those persons who shall be appointed members of the county board of education by the General Assembly must qualify by taking the oath of office on or before the first Monday in July next succeeding their appointment. A failure to qualify within that time shall constitute a vacancy, which shall be filled by the State Board of Education. Those persons who shall be elected or appointed to fill a vacancy must qualify within thirty days after notification thereof. A failure to qualify within that time shall constitute a vacancy, to be filled by the board which made such election or appointment. 46 Sections 4121—23. 4121. Incorporated ; powers and duties of. The county board of education shall be a body corporate by the name and style of the County Board of Education of County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation. It shall have power and authority, and it shall be its duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties, for the recovery, preservation and application of all moneys or property which may be due to or should be applied to the support and main- tenance of the schools, except in case of a breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the county commissioners as is hereinafter provided. 1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 4122. Rules and regulations for schools, teachers and PUPILS. The county board of education shall have power and authority to fix and determine the method of conducting the public schools in their respective counties, so as to furnish the most advantageous method of education available to the chil- dren attending the public schools in the several counties of the State; and such board and the county superintendent of public instruction shall have full power to make all just and needful rules and regulations governing the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness and the general government of the schools. 1903, c. 435, s. 4. [Under the provisions of this section the county hoard and the county superintendent may make and enforce such attendance regulations as may be necessary to secure regular and prompt attendance on the part of the children. The same authority may also regulate the attendance of teachers on all meetings ichich may he thought to promote educational progress.] 4123. Time of opening and closing schools. The time of open- ing and closing the public schools in the several public-school dis- tricts of the State shall be fixed and determined by the county board of education in their respective counties. The board may fix different dates for opening the schools in different townships, but all the schools of each township must open on the same date, as nearly as practicable. 1903, c. 435, s. 4. Sections 4124—25. 47 [This section simply means that the school term must not he divided and taught during different seasons of the year unless some epidemic or other providential cause interferes with the regular term. The county hoard must exercise this control if it would carry out the provisions of section Jtll6.] 4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF ; CONTRACTS FOB. The building of all new schoolhouses shall be under the control and direction of and by contract with the county board of educa- tion. The board shall pay not exceeding one-half of the cost of the same out of the fund set aside for building, under section four thousand one hundred and sixteen, and the school district in which any schoolhouse is erected shall pay the other part, and upon failure of such district to provide its part by private sub- scription, or otherwise, the board is directed to take it out of the apportionment to that district; but the board shall not be author- ized to invest any money in any new house that is not built in accordance with plans approved by the State Superintendent of Public Instruction. All contracts for buildings shall be in writing, and all buildings shall be inspected, received and approved by the county superintendent of public instruction before full pay- ment is made therefor. 1003, c. 435, s. 4. [This means that the county hoard, out of the huilding fund which it may reserve hy the provisions of section JfUG, shall pay not exceeding one-half the cost of huilding any new schoolhouse, the other part of the expense to he home hy the district ; hut the hoard has com,plete control of the whole suhject, and may forhid the erection of a schoolhouse in a district which ought not to exist. It must he rememhered that no house can he huilt except in accordance ivith plans approved hy the State Superintendent, and the county hoard is charged with the duty' of carrying into effect this provision to secure neat, comfortahle and attractive houses. Pamphlets containing plans of such houses as will he approved hy the State Superintendent, together with specifications, esti- mates of cost and hills for material, will he furnished hy the State Superintendent on application.] 4125. Power of, to execute school law. In addition to all other duties and powers imposed and conferred upon it by law, the county board of education shall have general control and supervision of all matters pertaining to the public schools in their respective counties, and are given the powers to execute and are charged with the due execution of the school laws in their respec- 48 Sections 4126—27. tive counties ; and all powers and duties conferred and imposed by this chapter and other laws of the State respecting public schools which are not expressly conferred and imposed upon some other official are conferred and imposed upon the county boards of education, and an appeal shall lie from all other county school officers to such board. t 1901, c. 4, s. 14. 4126. Removal of county superintendent, membees of county BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- ent shall have sufficient evidence at any time that any county su- perintendent of public instruction or any member of the county board of education is not capable of discharging or is not dis- charging the duties of his office, as required by this chapter, or is guilty of immoral or disreputable conduct, he shall report the mat- ter to the county board of education, which shall hear evidence in the case; and if, after careful investigation, it shall find sufficient cause for his removal, it shall declare the office vacant at once and proceed to elect his successor. Either party may appeal from the decision of the county board of education to the State Board of Education, which shall have full power to investigate and review the decisions of the county board of education. This section shall not deprive any county superintendent of the right to try his title to his office in the courts of the State. In case the county superin- tendent shall have sufficient evidence at any time that any mem- ber of any school committee is not capable of discharging or is not