Glass L Q l SL ^ Book L. $ / ^ OS COMPILATION LAWS OF LOUISIANA Xi ELATING TO THP Free Public SGhcx)ls, EMBRACING ALL LAWS NOW IN FORCE Proper Managemeilt and Government of the Public Schools, RULES AND REGULATIONS ADOPTED BY THE STATE BOARD OF EDUGATION. Miscellaneous Information for the Guidance of School Officials, FIFTH COMPILATION. Jas. B. AswELL, State Superintendent of Public Education. BATON ROUGE: THM TIMBS. QB-ffXCLAJu JOUENAL OF r.OTJISIANA. 1905. COMPILATION LAW^S OF LOUISIANA , ^^ / RELATING TO THE , Free Public Schools, EMBRACING ALL LAWS NOW IN FORCE Proper Management and Government of the Public Schools, RULES AND REGULATIONS ADOPTED BY THE STATE BOARD OF EDUCATION, llsgellaneous information for the guidance of School Officials. FIFTH COMPILATION. Jas. B. Aswell, State Superintendent of Public Education. BATON ROUGE: THK TIMES. OFFICIAL JOTTRNAr. Of LOUISIANA. 190.=). CT 1 1907 D, OF D. LOUISIANA STATE BOARD OF EDUCATION. Members of the State Board of Education charged with the •superintendence and direction of public instruction : Governor NEWTON C. BLANCHARD, President. State Superintendent JAS. B. ASWELL, Secretary. Attorney-General WALTER GUION. Hon. D. C. SCARBOROUGH, Natchitoches. Hon. THOS. H. LEWIS, Opelousas. Hon. WALTER J. BURKE, New Iberia. Hon. a. BRITTIN, New Orleans. Capt. E. L. KIDD, Ruston. Prof. T. H. HARRIS, Baton Rouge. Dr. JAS. H. DILLARD, New Orleans. "We must make Education and Progress our countersign and watchwords." — Gov. Blanchard. PREFACE. The numerous requests for copies of the school laws and school regulations have induced the compiler to prepare this edition, in which will be found information of practical value, Eot only to members of the different school boards, but as well to teachers and the patrons of the public schools generally. While the compilation presents only such laws as the com- piler finds in the Statutes relating to public education, and de- cisions of courts of high authority — also, the rules and reg-u- lations adopted by the State Board of Education — he ventures to hope and believe that the compilation will prove useful, and assist in disseminating a more thorough knowledge of the school laws, and that the views expressed will coincide, in the main, with such as are held on the subject by worthy teachers, and by the friends and promoters of public education. JAS. B. ASWELL. August 31, 1905. INTRODUCTIOlNr. The laws in relation to free public schools have been re? TTiodelled so frequently since last compilation, that the State Board of Education directed that a compilation of the laws rela- tive to schools be prepared and published in pamphlet for dis- tribution. This compilation is made in compliance with the Board's order. THE REVENUES. Provisions have been made to enable the local authorities and the people of any district to increase the revenues for schools. The present law imposes upon the Sheriffs the duty of Taaking a list of poll tax payers annually — by the tenth day of January — and of placing it in the hands of the Assessor and |Clerk of the District Court. He is ^charged with the total amount of this list, and under the law cannot be relieved from responsibility before he has es- tablished satisfactorily that he has exercised due diligence. A failure to comply with the provisions of Act 180, of 1902, ren- ders said Sheriff' liable to a fine of five hundred dollars, same to 1)6 paid to the School Board of the parish of which he is Sheriff. SIXTEENTH SECTIONS. The Parish Board of School Directors have those sections in •charge. The location should be established, and all questions relative to title in certain cases settled. The number of acres sold should be ascertained, and the amount due. The notes due, representing the purchase price of lands donated for schools, should be collected. The school boards in the several parishes should examine the records in the office of the Recorder of Mortgages, for the pur- pose of ascertaining what parts of the sixteenth section school lands have been sold, and to whom sold; what sales have been annulled, and what suits, for the collection of sixteenth section notes, have been filed. When this shall have been done, the state- ment showing the school sections in the parish should be com- 6 pared with the lists in the office of the Auditor and Superintend- ent of Public Instruction, and errors, if any, corrected. NURIBER OF CHILDREN OF SCHOOL AGE. The law provides for more correct returns of the number of children of school age in each parish. The Assessor and Parish Superintendent are entrusted with this duty. It is important, as near as possible, to ascertain the correct number, otherwise the distribution cannot be correct and just. THE TAXATION BY POLICE JURIES. The local authorities having power to levy taxes, can in- crease the parish taxation for schools. Several parishes have increased the taxation above the maximum heretofore established under the repealed law. COMFORT OF PUPILS. The school boards have the authority to assess and collect for each family one dollar per annum, to provide fuel, and for defraying the expenses necessary for the comfort of the pupils. Whenever possible, this amount should be collected and expended in the manner proposed. SCHOOL HOUSES. It is of the utmost importance to build school houses. The schools will be more permanent if inviting school houses be constructed. The law, authorizing the tax payers to tax them- selves to construct improvements, has been copied in this com- pilation. THE OFFICERS. Under the present law, the duties of the officers are clearly defined. The school boards are entrusted with the important functions. The effectiveness of the school system depends in great part upon their exertion in behalf of the schools. The Parish Superintendent is the secretary of the board, and executive officer. As the executive officer, he has the super- vision of the different schools in charge. He should report their condition to the board, and see to the enforcement of the law, and to a thorough compliance, on the part of the teacher, v/ith the duties devolved upon him. The faithful teacher has considerable to perform. His influence is far-reaching when his; duties are attended with well directed energy. The coitmiuaity at once feeis the importance of his services. The law in turn- gives him authority over the pupils, to maintain pro])er dis- cipline. Decisions are reported in this compilation on the^ subject. With good judgment and care, ()rofessioiial (jualifications and considerate intelligent action on the part of the parish su- perintendent, well regulated schools will prove highly useful and be maintained. INSTITUTES. One of the features of the law adopted during the session of the General Assembly in 1904, relates to Parish I]istitutes. They are organized under the direction of the Board of Institute Managers. The Parish Superintendent should co-operate in the organization of these institutes to the end that at least one institute be conducted in his parish each year under the pro- visions of the statute governing such institutes. They create an interest in the cause of education that will result in a better and more cheerful support of the schools, and in an improve- ment in the teachers. It unites them, creates a healthier sym- pathy, and organizes a teacher force that must result in general improvement. SUMMER NORMAL SCHOOLS. During the session of 1904 the General Assembly made lib- eral appropriation for the maintenance of Summer Normal Schools, and the State Board of Education passed resolutions en- couraging teachers to attend these schools. The value of these summer schools had been demonstrated through the limited number heretofore conducted with the smali appropriation at hand. With the liberal appropriation now avail- able it is possible to "have such schools within easy reach of every teacher in the State. It is, therefore, earnestly hoped that parish school boards will see fit to give substantial encouragement to their teachers to the end that all the teachers within the State may willingly take advantage of this means of self-improvement. 8 HYGIENE AND SCIENTIFIC TEMPERANCE. A law has been adopted relative to hygiene ; also with refer- ence to the effects of narcotics, and requiring lessons to be taught on the subject of scientific temperance in all the schools. This requirement is important and should be strictly observed. ELEMENTARY AGRICULTURE. The State Board has directed that the elements of agricul- ture be taught in the public schools of the State. A text-book has been adopted, and this subject should be gradually introduced and taught in the said schools. THE LAA¥ IN RELATION TO FREE SCHOOLS. The laws, the compilation of which is now presented to all those feeling an interest in the free schools, have been adopted after due deliberation. The best enaction will be as naught, if not enforced with some energy. Energy and intelligent interest in behalf of the free schools, will bring about good results in a very short time. The free school system has been made the cherished policy of the State and of the general government. It devolves upon the citizens to assist in developing that policy, and to aid in maintaining a useful system of public education. Very respectfully, JAS. B. ASWELL. ARTICLES OF THE STATE CONSTITUTION (1898) HAVING REFERENCE TO PUBLIC EDUCATION. Art. 53. (Limitation of Legislative Powers.) — No money shall ever be taken from the public treasury, directly or indi- rectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and no preference shall ever be given to, nor any dis- crimination made against, any church, sect or creed of religion, or any form of religious faith or worship ; nor shall any appro- priations be made for private, charitable or benevolent purposes to any person or community : provided, this shall not apply to the State Asylum for the Insane and State Institution for the Deaf and Dumb and State Institution for the Instruction of the Blind, and the charity hospitals and public charitable institutions conducted under State authority. Art. 230. (Educational Institutions Exempt from Tax- ation.) — The following shall be exempt from taxation, and no other, viz : All public property, places of religious Avorship, or burial, all charitable institutions, all buildings and property used exclusively for public monuments or historical collections, colleges and other school purposes, the I'eal and personal estate of any library, and that of any other library association used by or connected with such library, all books and philosophical apparatus, and all paintings and statuary of any company or association kept in a public hall: provided, the property so exempted be not leased for purposes of private or corporate profit and income. ****** Art. 231. (Poll Tax of One Doll.vb. ) — The General As- sembly shall levy an annual poll tax of one dollar ux>on every male inhabitant in the State between the ages of twenty-one and sixty years, for the maintenance of the public schools in the parishes where collected. (See ''Poll Tax.") Art. 232. (School Tax on a Vote op Property Tax-Pay- ers.) — The State tax on property for all purposes whatever, in- cluding expenses of government, schools, levees and interest, shall not exceed, in any one year, six mills on the dollar of its assessed valuation, and, except as otherwise provided in this Constitution, no parish, municipal or public board tax for aU 10 purposes whatsoever, shall exceed in any one year ten mills on the dollar of valuation : provided, that for giving additional support to x:)ublic schools, and for the purpose of erecting and constructing public l)uildings, public school houses, bridges, wharves, levees, sewerage work and other works of i)ermanent public improvement, the title to which shall be in the public, any parish, municipal corporation, ward or school district may levy a special tax in excess of said limitation, whenever the rate of such increase and the number of years it is to be levied and the purpose or purposes for which the tax is intended, shall have been submitted to a vote of the property taxpayers of each parish, ward or school district entitled to vote under the elec- tion laws of the State, and a majority of the same in numbers and in value voting at such election shall have voted therefor (See "Special School Tax.") Art. 248. (Free Schools; for Whom; Apportionment or Funds.) — There shall be free public schools for the white and colored races, separately established by the General Assem- bly, throughout the State, for the education of all the children of" the vState between the ages of six and eighteen years; pro- vided, that where kindergarten schools exist, children between the ages of four and six may be admitted into said schools. All funds raised by the State for the support of public schools, except the poll tax, shall be distributed to each parish in pro- portion to the number of children therein between the ages of six and eighteen years. The General Assembly, at its next session, shall provide for the enumeration of educable children. Art. 249. (State Superintendent.) — There shall be elected by the qualified electors of the State a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. His duties shall be prescribed by law, and he shall receive an annual salary of two thousand dollars. The aggregate annual expenses of his office, including his salary, shall not exceed the S7im of four thousand dollars. Art. 250. (State Board of Education; Parish Boards AND Officers.) — The General Assembly shall provide for the creation of a State Board and Parish Boards of Public Edu- cation. The Parish Boards shall elect a Parish Superintendent of Public Education for their respective parishes, Avhose quali- 11 fieations sliall be fixed by, the Legislature, and who shall be ex- officio secretary of the Parish Board. The salary of the Parish Superintendent shall be provided for by the General Assembly, tc be paid out of the public school funds accruing to the re- spective parishes. Art. 251. (French May Be Taught.) — The general exer- cises in the public schools shall be conducted in the English lan- guage; provided, that the French language may be taught in those parishes or localities where the French language pre- dominates, if no additional expense is incurred thereby. Art. 252. (Application of the Poll Tax.) — The funds derived from the collection of the poll tax shall be applied ex- clusively to the maintenance of the public schools as organized under this Constitution, and shall be applied exclusively to the support of the public schools in the parish in which the same shall be collected, and shall be accounted for and paid by the collecting officer directly to the treasurer of the local school board. Art. 253. (Sectarian Schools Cannot Receive Public School Funds.) — No funds raised for the support of the public schools of the State shall be appropriated to or used for the support of any private or sectarian schools. Art. 254. (School Funds — Op What They Shal:. Con- sist.) — The school funds of the State shall consisr of: 1st. Not less than one and one-quarter mills of the six mills tax levied and collected by the State. 2d. The proceeds of taxation for school purposes as provided by this Constitution. 3d. The interest on the proceeds of all public lands heretofore granted or to be granted by the United States for the support of the public schools, and the revenues derived from such lands as may re- main unsold. 4th. Of lands and other property heretofore and hereafter bequeathed, granted, or donated to the State for school purposes. 5th. All funds and property, other than un- improved lands, bequeathed or granted to the State, not desig- nated for any other purpose. 6th. The proceeds of vacant es- tates falling under the law to the State of Louisiana. 7th. The legislature may appropriate to the same fund the proceeds of public lands not designated or set apart for any other purpose, and shall provide that every parish shall levy a tax for the pub- lie schools therein, which shall n(?t exceed the entire State tax; 12 provided, that with siich a tax the whole amount of parish taxes shall not exceed the limits of parish taxation fixed by this Constitution. The City of New Orleans shall make such appro- priations for the support, maintenance and repair of the public schools of said city as it may deem proper, but not less than «ight-tenths of one mill for one year; and said schools shall continue to receive from the Board of Liquidation of the City Debt, the amounts to which they are now entitled under the Con- stitutional amendment, adopted in the year 1892. Art. 255. (State University and A. and M. College.) — The Louisiana State University and Ao;ricultural and Mechan- ical Colleo-e, founded upon land grants of the United States to <^ndow a seminary of learning and a college for the benefit of agriculture and mechanic arts, now established and located in the City of Baton Rouge, is hereby recognized ; and all revenues derived and to be derived from the seminary fund, the Agricul- tural and Mechanical College fund, and other funds or lands donated to or to be donated by the United States to the State of Louisiana for the use of a seminary of learning or of a college for the benefit of agriculture or the mechanic arts, shall be ap- propriated exclusively to the maintenance and support of the said Louisiana State University and Agricultural and ^lechani- cal College; and the General Assembly shall make such addi- tional appropriations as may be necessary for its maintenance, ■support, and improvement, and for the establishment, in con- nection with said institution, of such additional scientific or literary departments as the public necessities and the well being of the people of Louisiana may require. The Tulane University of Louisiana, located in New Or- h^ans, is hereby recognized as created, and to be developed in accordance with the provisions of the legislative act No. 43, ap- proved July 5th. 1884. and by approval of the electors, made part of the Constitution of the State. (See Act 12, 1904.) Art. 256. (Other State Schools.) — The Louisiana State Normal School, established and located at Natchitoches; the Industrial Institute and College of Louisiana, whose name is I'Creby changed to the Louisiana Industrial Institute, estab- lished and located at Ruston ; and the Southern University, now ■established in the City of New Orleans, for the education of persons of color, are hereby recognized : and the General As- 13 sembly is directed to make such appropriations from time to time as may be necessary for the maintenance, support and im- provement of these institutitms ; provided, that the appropria- tion for the maintenance and support of the Louisiana Indus- trial Institute shall not exceed fifteen thousand dollars per an- num, and that for the Southern University shall not exceed ten thousand. (See Act 18, of 1904.) Art. 257. (Interest Due the Townships.) — The debt due by the State to the free school fund is hereby declared to be the sum of one million, one hundred and thirty thousand, eight hundred and sixty-seven dollars and fifty-one cents in princi- pal, and shall be kept on the books of the Auditor and Treasurer t' the credit of the several townships entitled to the same; the said principal being the proceeds of the sales of lands hereto- fore granted by tiie United States for the use and support of free public .schools, which amount shall be lield by the State as a loan, and shall be and remain a perpetual fund, on which the State shall pay an annual interest of four par cent, and siiid interest shall be paid to the several townships of the State entitled to the same, in accordance with the Act of Congress, No. 68, approved February 15th, 1843. Art. 258. (Debt Due Seminary Fund.) — Tbe debt due by the State to the seminary fund is hereby declared to be one hundred and thirty-six-thousand dollars, being the proceeds of the sale of lands heretofore granted by the United States to this State for the use of a seminary of learning, and said amount shall be kept to the credit of said fund on the books of the Auditor and Treasurer of the State as a perpetual loan, and the State shall pay an annual interest of four per cent on said amount. Art. 259. (Debt Due A. and M. College.) — The debt due by the State to the Agricultural and Mechanical College fund is hereby declared to be the sum of one hundred and eighty- two thousand three hundred and thirteen dollars and three cents, being the proceeds of the sale of lands and land script heretofore granted by the United States to this State for the use of a college for the benefit of_ agricultural and mechanical arts; the said amount shall be kept to the credit of said fund on the books of the Auditor and Treasurer of the State as a perpetual loan, and the State shall pay an annual interest of five per cent on said amount. 14 Art. 260. (How Interest Shall Be Paid.) — The. interest due on the free school fund, the seminary fund and the Agri- cultural and Mechanical College fund, shall be paid out of any tax that may be levied and collected for the payment of the interest on the State debt. Art. 261. (School Books for Indigent Pupils.) — All pup.']s in the primary grades in the public schools throughout the Parish of Orleans, unable to provide themselves with the requisite books, an affidavit to that effect having been made by one of the parents of such pupils, or if such parents be dead, shall be furnished with the necessary books, free of expense, to be paid out of the school fund of said parish; and the School Board of the Parish of Orleans is hereby directed to appro- priate annually not less than two thousand dollars for the pur- pose named, provided such amount be needed. (See Act 55, €f 1902.) Art. 60. (Establishment of Additional Educational €>R Charitable Institutions.) — No educational or charitable institution, other than the State institutions now existing, or expressly provided for in this Constitution, shall be established by the State except upon a, vote of two-thirds of the members elected to each House of the General Assembly. Art. 210. (Eligibility to Office.) — No person shall be eligible to any office. State, judicial, parochial, municipal or ward, who is not a citizen of this State, and a duly qualified elector of the State, judicial, district, parish, municipality or ward, wherein the functions of said office are to be performed. And whenever any officer. State, judicial, parochial, municipal or ward, may change his residence from this State, or from the district, parish, municipality or ward in which he holds such office, the same shall thereby be vacated, any declaration of re- tention of domicile to the contrary notwithstanding. Art. 235. (Inheritance Tax for Public Schools.) — The Legislature shall have power to levy, solely for the support of the public schools, a tax upon all inheritances, legacies and donations; provided, no direct inheritance, or donation, to any ascendant or descendant, below ten thousand dollars in amount or value shall be so taxed; provided, further, that no such tax shall exceed three per cent for direct inheritances and do- nations to ascendants or descendants, and ten per cent for col- lateral inheritances, and donations to collaterals or strangers; provided, bequests to educational, religious or charitable insti- tutions shall be exempt from this tax. Art. 236. The tax provided for in the preceding article shall not be enforced when the property donated or inherited shall have borne its just proportion of taxes prior to the time of such donation or inheritance. (See Act 45, 1904.) STATE BOARD OF EDUCATION. (State Board of Education and General Provisions, S. 1, A. 214, '02.)— The Governor, Superintendent of Public Edu- cation and the Attorney General, together with seven citizens appointed by the Governor, one from each Congressional District of the State, shall be a body politic and corporate by the name and style of the Board of Education for the State of Louisiana, with authority to sue and defend sviits in all matters relating to the public schools. The above specified seven citizens shall receive, as compensation for their services in attending the meet- ings of the board, their actual traveling expenses and per diem for the number of days that the board is in session, the same as members of the State Legislature, payable on their warrants, approved by the president and secretary of the board, out of the current school fund. (Officers; Salaries; Time of Meeting; Publication op Minutes, S. 2, Act 167, '04.) — The Governor shall be ex-officio the President, and the State Superintendent, Secretary. The State Superintendent shall be authorized to appoint an assistant secretary whose salary shall not exceed twelve hundred dollars ($1,200) a year, to be fixed by the Board, payable monthly on the warrant of the State Superintendent of Public Education. The Board shall meet on or before the first Monday in December of each year, and at other times when called by the State Su- perintendent of Public Education. The acts of the Board shall be attested by the signatures of the President and the Secretary of the Board. All papers, documents, and records appertaining to the Board shall be filed by the Secretary in the office of the State Superintendent of Public Education. The State Superin- tendent may publish, if he sees fit, or at the request of the Board, the proceedings of the State Board of Education in the official journal of the State, or in an official pampWet. 16 (Duties and Powers; Appoint School, Directors; Num- ber; Text-Books, Etc., S. 3, Act 214, '02.)— The State Board of Education shall appoint for each parish in the State, except the Parish of Orleans, a Board of School Directors consisting of not less than one member for each ward in the parish, provided that no parish shall have less than five directors. They shall be citi- zens of the parish possessed of the requisite scholastic and moral qualifications for their important office. The Governor shall issue a commission to each of said directors. The State Board of Education shall prepare rules, by-laws and regulations for the government of the public schools of the State, which shall be enforced by the parish superintendents and the several school boards, and shall give such directions as it may see proper as to the branches of study which shall be taught. The State Board shall strictly enforce a uniformity of text-books in all the public schools, and shall adopt a list thereof, which shall remain un- changed for four years after such adoption. For satisfactory reasons shown to said Board, it may change said list or adopt a list generally preferred by teachers and parents in certain lo- calities, maintaining as far as possible a uniformity of text-books, and without placing parents and guardians to further expense. The adoption of such list and apparatus shall be by contract to the lowest bidder subject to the change aforesaid, and to the best advantage as to cost to pupils. (May Require Reports of Parish Superintendents, S. 4, A. 214, '02.) — The State Board of Education may require re- port t(^ be made by the parish superintendent whenever the in- terest of the eonniion schools indicate the necessity of other i-e- ports than now required. (Term of Office; Oaths; Vacancies, S. 5, A. 214, '02.) — The term of office of the members of the parish school boards and of the parish superintendents shall be for four years from the time of their appointment. If a vacancy occurs, the unex- pired term shall be filled as hereinbefore provided. These offi- cers shall take the usual oath of office, which oath shall be filed in the office of the State Superintendent of Public Education. (State and Parish Boards Exempt from Furnishing Bonds in Suit, S. 4. A. 82, 73.) — In all judicial proceedings where, by law, bond and security are required from litigants, the State Board of Education shall be dispensed from furnishing 17 bond or security ; and in all suits in which the State or parish board of education may be plaintiffs, defendants, interveners, garnishees, or interested in any manner whatsoever, it shall be the duty of the court before whom such suits are pending, on the aflidavit of the attorney representing the State or parish board of education, if the case is one of serious public interest and in which a speedy decision is desirable, to set the cause for trial by preference, and all such cases may also be fix^d for trial as early as possible on motion or petition of the attorney of the State or parish board of education. (Accepting x\nd Regulating Donations, Act 158, '04.) — Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Board of Education for the State of Louisiana; the Board of Directors of the public schools of each and every parish of the State, the Parish of Orleans in- cluded, shall have the power to accept and administer donations mortis causa or inter vivos for any educational or literary pur- pose whatsoever, and it shall be lawful for any one to make such a donation of any description of property, and to any amount to any one or more of such boards. Sec. 2. Be it further enacted, etc., That the donoi' shall have the right to prescribe the manner in which ihe property shall be administered, and the objects to which it or any part thereof, or the revenues thereof, shall be applied ; provided, how- ever, that property donated, cannot be made inalienable, but the donor thereof shall have the right to prescribe in what manner, and under what circumstances, the donees shall be empowered to sell the same, or any portion tliereof , or to change any invest- ment once made. Sec. 3. Be it further enacted, etc., That said Board or Boards shall administer the property entrusted to them in con- formity with the directions contained in the act of donation, and shall have all the powers needed in such administration, but cannot mortgage nor encumber the donated property, ex- cept as may be prescribed in the act of donation. The said Board or Boards shall be entitled to no remmieration for their services, unless expressly granted in the act of donation. Sec. 4. Be it further enacted, etc., That the provisions of the laws of this State, relative to substitutions fidei commissa and trusts shall not be deemed to apply or affect donations made 18 for the purposes and in the manner provided in this act, and all laws or parts of laws conflicting with the provisions of this act be, and the same are hereby repealed in so far as regards the purposes of this act, but not otherwise. (Eeports of State and Parish Boards and Officers, S. 1, A. 36, '94.) — In addition to the biennial reports now required by law from State and district boards, the State and district officers, or other persons receiving or disbursing State or district funds, said boards, oflficers and persons shall render, in writing, to the State Auditor, semi-annual itemized detailed reports, which in case of the report of a board or its representatives, shall be signed by the president and secretary of the board, showing the several sums received and from what source, and the several sums disbu7'sed and for what purpose and to whom paid, the said reports to be made on or before the first days of June or December of each year; and in the event of the failure so to do on the part of any board or district officer or other person above Darned, the Auditor shall report the delinquency to the Governor within fifteen days after said failure, who shall be author- fzed thereupon, to remove from office the members of said board, &r district officer or other person as for cause, unless it may be made to appear to the satisfaction of the Governor, that said failure or- delinquency occurred from unavoidable or excusable causes. (School Boards Bodies Corporate, S. 7, A. 214, '02.) — ■ The several school boards are constituted bodies corporate, with power to sue and be sued under the name and style of the "Par- ish Board of Directors of the Parish of , ' ' as the case may be. Citations shall be served on the President of the Board. (Dttty and Authority of Parish Boards. S. 8, Act 167, '04.) — The parish boards of directors shall elect from among their number a president. They shall elect or appoint for a term of four years a parish superintendent, who shall be ex-officio sec- retary of the board. He shall be a person of high moral char- acter, and a practical educator. They are authorize^ to appoint, in their discretion, auxiliary visiting trustees for each ward or f5chool district, or school in the parish ; such trustees shall make quarterly reports to the parish boards of the actual condition of the schools, and shall make needful suggestions in all matters relating to the schools they have in charge as trustees. The par- 19 ish board of directors shall report to the State Board of Edaca- tion all deficiencies in the schools, or neglect of duty on the part •of teachers, superintendent or other officer. They shall visit and examine the schools in the several school districts of the parish from time to time, and they shall meet and advise with the trus- tees when occasion requires, if auxiliary trustees be appointed by the parish board. They shall determine the number of schools to be opened, the location of the school houses, the number of teach- ers to be employed, and their salaries; and the said school board is entrusted with seeing that the provisions of the State school law are complied with. They shall make such rules and by-laws for their own government, not inconsistent with the State school law, as they may deem proper. The regular meeting oi each par- ish board shall be held on the first Saturday of January, April, July and October, and it may hold such special or adjourned meetings as the board may determine or as occasion may require. Each member shall receive payment for his attendance at board meetings, provided that the amount of such payment be not fixed by the said board at more than three dollars a day for the day or number of days in which the board is in actual session ; provided, also that mileage not to exceed live cents per mile may be allowed, to be computed upon the shortest distance from the directors' homes to the place of meeting of the board. The school board shall exercise proper vigilence in securing for the schools of the parish all funds destined for the support of the schools, includ- ing the State fund apportioned thereto, the poll tax collectable, and all other funds. The secretary shall keep a record of all transactions and proceedings. The school board may receive lands by purchase or donation, for the purpose of erecting a school house, provide for and secui-e the erection of the same, con- struct such out-buildings and enclosures as shall be conducive to the protection of property, make repairs and provide the neces- sary furniture, equipments and apparatus. All contracts for im- provements shall be to the lowest responsible bidder, the board reserving the right to reject any and all bids. They shall have the power to recover for any damages that may be done to the property in their charge ; they may, by a two-thirds vote of the whole board, after due notice, change the location of the school house, sell or dispose of the old site, and use the j)roceeds thereof towards procuring a new one. 20 (Term of Office; Parish Officers, S. 5, A. 214. '02.) — T'lie term of office of the members of the parish school boards- and of the parish superintendents shall be for four years from the time of their appointment. If a vacancy occurs, the unex^ pired term shall be filled as hereinbefore provided. These offi- cers shall take the usual oath of office, which oath shall be filed in the office of the State Superintendent of Public Education. (Removal of Mjembers School Board, S. 6, A. 214, ''02.)- — For incompetency, neglect of duty, or malfeasance in office, the- Governor may remove a member or members of the parish boards of school directors, subject to the ratification of the State Board' of Education. (Eestrictions on Contracts and Debts, S. 73, A. 81, '88.) — That the different boards of directors shall not be empowered to make contracts or debts for any one year greater than the amount of revenue provided for according to this act, it being- the intent thereof that parties contracting with said board shall take heed that due revenue shall have been provided to satisfy the claim, otherwise they may lose and forfeit the same, and no action or execution shall be allowed in aid thereof, and that the- board shall not exceed their powers in incurring the debt. (Removal of Parish Superintendent, S. 9, Act 167, '04.) — For incompetency, neglect of duty, or malfeasance in office, the parish board of school directors may remove the parish super- intendent, sub.ject to an appeal to the State Board of Ednca- , tion, provided this appeal be taken within ten days after his- removal. The appeal shall not have the effect of suspending tlie board's action of removal during its pendency ; 'but the parish superintendeufc shall be reinstated if the State Board of Educa- tion decides that he was removed without cause, and reverse the- decision of the parish school board. (Attorney of Parish Board, S. 10, A. 214, '02.)— The Dis- trict Attorney of the district or any other attorney selected by the board, shall act as counsel for the parish board. (EsTARLISHMENT of JrllGB. AND GraDED ScHOOLS ; ASSESS- MENT OP One Dollar, S. 11, A. 214, '02.) — The parish school board shall have authority to establish graded schools, and to adopt such a system in that connection as may be necessary to assure their success ; central or high schools may be established when necessary. The ordinances establishing such schools adopted by the parish school boards shall be submitted to the- 21 'State Board of Education, and no high school shall be opened withoiTt its sanction ; and no such school shall be established unless the amount be donated for the site, and suitable buildings ure provided for without any expense out of the school fund; provided, that the board of directors of the Parish of Orleans shall not require the sanction of the State Board for the pur- poses aforesaid. The school boards shall have authority to assess and collect one dollar per annum on each family, siirviving parent or guardian, who actually sends a child or children to the public schools of the district, tt) be collected in such manner as -said board shall determine, which amount shall be used in pro- viding the school house with fuel and defraying the necessary ■expenses for the comfort of the school. (Duties President Parish Board, S. 24, A. 214, '02.) — The president of the parish board shall preside at all the meetings of the board, call special meetings Avhen necessary, advise v/ith and assist the parish superintendent and directors in promoting the success of the schools, and generally do and perform all other acts and duties pertaining to his office as the president of the board. All deeds and contracts for the schools, vacluding those with teachers shall be signed by him ; the contracts with teachers shall also be signed by the parish superintendent. (See de- <^ision on president's contracts.) (Contracts with Sectarian Schools Prohibited, S. 14, Act 214, '02.) — The parish boards of directors of the several par- ishes of this State are prohibited from entering into any con- tract, agreement, understanding, or. combination, tacitly or ex- pressly, directly or indirectly, with any church, monastic or other religious order or association of any religious sect or d'tnomiaa- tion whatsover, or with the representatives thereof, for the pur- pose of running any public school or schools of this State, to gether or in connection or in combination with any private or parochial school, or other institution of learning which may be imder the control, authority, supervision, administration or man- agement of any church, monastic or other religious order or as- sociation of any religious sect or denomination whatsoever. (School Boards Bodies Corpor.vte, S. 7, A. 214, '02.) — The several' school boards are constituted bodies corporate, with power to sue and be sued under the name and style of the ' ' Par- ish Board of Directors of the Parish of , ' ' .as the case "may be. Citations shall be served on the President of th;:- Board. 22 (State and Parish Boards Exempt from Furnishing- Bonds in Suit, S. 4, A. 82, 73.) — In all judicial proceedings -where, by law, bond and security are required from litigants, the State Board of Education shall be dispensed from furnishing bond or security ; and in all suits in which the State or parish board of education may be plaintiffs, defendants, intervenors, garnishees, or interested in any manner whatsoever, it shall be- the duty of the court before whom such suits are pending, on the affidavit of the attorney representing the State or parish board of education, if the case is one of serious public interest and in which a speedy decision is desirable, to set the cause for trial by preference, and all such cases may also be fixed for trial MS early as possible on motion or petition of the attorney of the State or parish board of education. (Division op Parish Into Districts, Records, S. 15, Act 214, '02.) — It shall be the duty of the parish board with the par- ish superintendent to divide the parish into school districts of such proper and convenient area and shape as will best accom- modate the children of the parish. The parish board shall as soon as practicable proceed to the work imposed upon them, and upon completion of this work they shall make a report to the parish superintendent, which report shall contain the boundary and description of said district designated by number. The parish superintendent shall record the same in a well bound' book kept by him for the purpose, which book shall be held by said parish superintendent, and be at all times open to inspec- t:^on. Parish boards, if they deem it to the best interest of the schools, may divide the parish into districts without reference to the wards in the parish. (School Districts in Two Ad.joining Parishes; How Laid Off, S. 16, Act 214. '02.) — The parish superintendent of two adjoining parishes, where the division line intersects a neighbor- hood whose convenience require it, may lay off a district com- posed of parts of both of the parishes. Such districts shall be reported by the parish superintendent, together with a census of the school children only as belonging to the parish in which the- school house may be situated, and reports shall be made by th-i- assessor and parish superintendent as though the district lay- entirely in the parish. 23 (Option Which District School Cuildkkn Shall At- tend, S. 17, Act 214, '02.) — Where two school districts adjoin, it shall be lawful for the children in either of said adjoinino districts to be taught in and at such school house as shall be most convenient to them ; provided, that the tuition fee shall be paid to the district in which they are tauoht, and that no change be made without the consent of the school boards of the re- spective parishes. (Enumeration op Educable Youth. S. 1, A. 129, '98.) — The assessors of all the parishes of the State, includina,- the Board of Assessors of the Parish of Orleans, shall make an enumeration of all the educable children of the State before July 1st, 1899, and every four years thereafter. (Assessor's Enumeration, S. 2, 129, '98.) — It shall be the duty of the Assessor and the Board of Assessors of the Parish of Orleans to make a correct enumeration by giving the names of the educable children, between the ages of six and eighteen years in the respective parishes by race, sex and ward. This list of educable children shall be made in triplicate form, and written in ink. One list shall be furnished to the Auditor of Public Ac- counts, one list to the State Board of Education, and one list to the Board of School Directors of the parish in which the enumer- ation is made. It shall be the duty of the Assessors and the Board of Assessors of the Parish of Orleans to swear to the cor- rectness of said list or lists before a competent officer, w^ho shall attach a certificate thereof on each list before filing them. (Assessor's Pay for Enumeration, S. 3, A. 129, '98.) — The Parish Board of School Directors shall pay the Assessors four cents for the enumeration of each educable child in their respec- tive parishes on the approval of the work of enumeration by the State Board of Education, which shall be signified to the Parish Boards by the Secretary of State Board under seal. In the event the State Board of Education for any cause deems the enumer- ation made incorrect or improperly made out, it shall have the power aTid authority to order a new eniuneration in the parishes where the inaccuracies are found, without extra compensation. (Assessor's Blanks to be Furnished by Auditor, S. -1, A. 129, '98.)— It shall be the duty of the Auditor of Public Accounts to furnish blank forms ruled to set forth the required names of the educable children by wards, with the race, sex and 24 . age of the children, to the Assessors and the Board of the Parish of Orleans. (Penalty foe Neglect, S. 5, A. 129, '98.) — In case of wilful negligence and refusal to comply with the provisions of this act, the Governor shall have the power and authority to remove any assessor or member of the Board of Assessors from office for such refusal or negligence. (Oath and Bond Requered, Act 19 of 1878.) — Section 1. That all State, district and parochial officers of this State, whethtr elected or appointed, shall be required, within thirty days after the receipt of their conrmission, to take the oath of office pre- scribed by law, and give bond, where bond is required, and cause the same to be filed in the proper office in the manner required by law. Sec. 2. That the failure of any officer to comply with the requirements of Section 1 of this act, within the limitations thej-ein fixed, shall operate a vacation of such office and the Governor shall proceed to fill said office by appointment, as in other cases of vacancy. Sec. 3. That any officer of this State, whether State, dis- trict or parochial, who has heretofore been elected or appointed to office, and who has failed to take the oath required by law, and to give bond, where bond is required, in accordance with existing laws, within thirty days from the date of the promulga- tion of this act, and a failure to comply with these requirements, within the limitation fixed, shall operate a vacation of such office, and the Governor shall fill Ihc same by appointment, as in other cases of vacancy. (Assessors' Compensation, Sec. 2, A. 135, '02.) — Be it fur- ther enacted, etc.. That the Governor shall nominate, and by and with the advice and consent of the Senate, appoint one tax assessor for each parish of the State (except the Parish of Or- leans), who shall hold their offiice for the term of four (4) years, the first term beginning on the thirty -first (31) day of Decem- ber, 1900. * * * * He shaJl receive as an annual compen- sation for all his labors, services and duties four per cent (4 per cent) of the first fifty thousand dollars ($50,000) aggregate amount of all State, parish and poll taxes assessed, and two per cent (2 per cent) on any excess over fifty thousand dollars ($50,000), and for his services, duties and labors in assessing 25 or extending on the rolls any and all levee taxes the sum of one hundred dollars ($100), except where the parish for which the assessor is appointed lies in more than one levee district; in which ease he shall receive the sum of two per cent (2 per cent) ■on the aggregate amount of such taxes; provided no assessor «hall receive less than four hundred dollars ($-100) in any par- ish for each annual assessment of State, parish, poll, and all levee taxes. That the payment of this compensation shall be. distributed between the State, parish and school boards and other taxing district or division in proportion to the amount received by each; provided that if said office be already filled by appointment, this act shall not be construed as creating any vacancies therein, and the officers now^ appointed shall serve during the period for which they were appointed. (Accepting and Eegulating Donations, A. 158. '04.) — Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Board of Education for the State of Ijouisiana; the Board of Directors of the public schools of each and every parish of the State, the Parish of Orleans included, ■shall have the power to accept and administer donations mortis ■or inter vivos for any educational or literary purpose whatso- ever, and it shall be lawful for any one to make such a dona- tion of any description of property, and to any am.ount to any <:me or more of such boards. Sec. 2. Be it further enacted, etc.. That the donor shall have the right to prescribe the manner in which the property shall be administered, and the objects to which it or any pari thereof, or the revenues thereof, shall be applied : provided, how- ever, that property donated, cannot be made inalienable, but the donor thereof shall have the right to prescribe in what manner, and. under what circumstances, the donees shall be empowered tc sell the same, or any portion thereof, or to change any invest- ment once made. Sec. 3. Be it further enacted, etc.. That said board or boards shall administer the property entrusted to them in con- formity with the directions contained in the act of donation, and shall have all the powers needed in such administration, but cannot mortgage nor encmnber the donated property, except as may be prescribed in the act of donation. The said board or boards shall be entitled to no remuneration for their services, nnless expressly granted in the act of donation. Sec. 4. Be it further enacted, etc., That the provisions of the hiws af this State relative to substitutions fidei commissa and trusts shall not be deemed to apply or affect donations made for the purposes and in the manner provided in this act, and all laws or parts of laws conflicting: with the provisions of this act be, and the same are hereby repealed in so far as regards the purposes of this act, but not otherwise. (Reports of State and Parish Boards and Officers, S. 1, A. 36, '94.) — In addition to the biennial reports now required by law from State and district boards, the State and district officers, or other persons receiving or disbursing State or district funds, said boards, officers and persons shall render, in writing, to the State Auditor, semi-annual itemized detailed reports, which in case of the report of a board or its representatives, shall be signed by the president and secretary of the board, showing the several sums received and from what source, and the sev- eral sums disbursed and for what purpose and to whom paid, the said reports to be made on or before the first days of June or December of each year; and in the event of the failure so tc do on the part of any board or district officer or other person above named, the Auditor shall report the delinquency to the Governor within fifteen days after said failure, who shall be authorized thereupon, to remove from office the members of said board, or district officer or other person as for cause, unless it may be made to appear to the satisfaction of the Governor, that said failure or delinquency occurred from unavoidable or ex- cusable causes. (Statements of Accounts by Officers, 2, A. 36. '94.) — All parish boards and parish officers having in charge the recep- tion of, or disbursement of, public funds shall make semi-annual itemized, detailed accounts as required above to the clerk of court of the respective parishes, under the forms, conditions and pen- alties enumerate in Section 16 of this act. (Penalties for Non-Compliance, S. 3, A. 36, '94.) — In case any salaried officer of the State failing to file with the Auditor of Public Accounts semi-annual itemized, detailed accounts, as provided in the sixteenth section of this act the Auditor shall, within fifteen days thereafter, furnish to the Treasurer of the State, a certificate to that effect and thereafter it shall be illegal for the Auditor to audit any warrant of said officer for salary. 27 or the Treasurer to pay the same, until such time as the delin- quent officer shall have complied with the foregoing' provisions. (Powers of the District Board in Expropriations, S. 1492, R. S.) — When land shall be required for the erecvion of a school house or for enlarging a school house lot, and the owner- refuses to sell the same for a reasonable compensation, the Dis- trict Board of School Directors shall have the power to select and possess such sites embracing space sufficiently extensive to answer the purpose of school house and ground. (Expropriation of Property for Public Schools; For School House Sites, Act 96, of 1896.) — Be it enacted by the General Assembly of the State of Louisiana, That Section 1479 of the Revised Statutes of the State of Louisiana be amended an J re-enacted so as to read a?, follows : Whenever the State or any political corporation of the same, created for the purpose of exercising any portion of the govern- ment powers in the same, or the Board of Administrators of any Charity Hospital or any Board of Public School Directors there- of, or any corporation constituted under the laws of this State- for the construction of a railroad, plank road, turn pike, road or a canal for navigation or for the purpose of transmitting intelli- gence by magnetic telegraph, cannot agree with the owner of any land which may be wanted for its purchase, it shall be lawful for such State Corporation or Board to apply, by petition, to the district court in which the same may be situated; or, if it ex- tends into two districts, to the judge of either district court in v/hich the owner resides; and if the owner does not reside in either district, then to either of the district courts, describing the lands necessary for the purposes, with a plan of the same and a statement of the improvements thereon, if any, and the name of the owner thereof, if known, at present in the State, with a prayer that the land be adjudged to such State, corporation or board upon payment to the owner of all such damages as he may sustain in consequence of the expropriation of his lands for such public works ; all claims for land or damages to the owner caused by its taking or expropriation for such public works shall be barred by two (2) years prescription, which shrill connnence to run from the date at which the land was actually occupied and used for the construction of the works. Sec. 2. Be it further enacted, etc.. That all existing laws- 28 ±or the forms and process of expropriation of property shall be applicable to the said section as thus amended and re-enacted. (Relative to the Value op the Grounds, S. 1493, R. S.) — Should such land holder deem the sum assessed top small, he shall have the right to institute suit before any proper judicial tribunal for his claim; but the title shall pass from him to the school corporation. (Penalty for Non-Performance of Duty, S. 1300, R. S.) — A failure on the part of any district, parish or State officer to p.^rform the duty imposed upon him by any section of this act, under the title, "Education," and in the manner herein specified, is hereby declared a misdemeanor in office. Upon conviction thereof, such officer shall be punished by a fine not less than fifty, and not exceeding one hundred dollars, and by imprison- ment in the parish prison for a term of not less than thirty days, and not exceeding three months. All prosecutions for offenses against this section shall have precedence over all cases before any justice of the peace, parish or district court. (May Require Reports of Parish Superintendents, S. 4, -A. 214. '02.) — The State Board of Education ma}^ require re- port to be made by the parish superintendent whenever the iiiterest of the common schools indicate the necessity of other reports than now required. STATE SUPERINTENDENT OF PUBLIC EDUCATION. (Office, Records, Vacancy, S. 26, A. 214, '02.) — A vsuitable tiffice shall be provided for the State Superintendent of Public Education at the seat of government, in which he shall file, each year separately, all papers, reports and public documents trans- mitted to him by the board and officers whose duty it is to report to him, and hold the same in readiness to be examined by the 'Governor whenever he sees proper, and by any committee ap- pointed b}^ the General Assembly; and he shall cause to be kept a record of all matters appertaining to his office. In ease of vacancy in the office of Superintendent of Public Education, the Governor shall fill the vacancy aud submit the name of the appointee to the Senate for its confirmation at the first session held after the appointment. (Salaries. Office Expenses, Clerk, Porter, S. 27. A. 214, ■02.) — The salary of the Superintendent of Public Education ■shall be two thousand dollars per annum, besides which he shall 29 be entitled to office fixtures, stationery^ books, fuel and lights and everything needed to carry on the work of his office. He shall have authority to appoint a clerk and a porter, and pre- scribe the duties of each; provided, that the entire expenses of his office, including salaries, postage, and incidentals, shall not exceed the specified appropriation therefor, payable in monthly installments, out of the current school fund, by the Treasurer of the State, upon warrants of the State Superintendent. (Duties and Authority of the State Superintendent, S. 28, A. 214, '02.)— The State Superintendent of Public Education shall have general supervision of all parish school boards in the parishes, and of all common, high and normal schools of the State, and shall see that the school system of the State is carried prop- erly into effect. He shall be ex-officio a member of the board of supervisors of the State University and Agricultural and" Me-" chanical College, the State Normal School, the State Industrial School at Ruston, the State Industrial School at Lafaj^ette, the Institute for the Deaf and Dumb, the State Institute for the Blind, the Southern University, and of all other institutions of learning under the control of the State or aided in whole or in part by the State. He shall visit all the parishes of the State as often as prac- ticable, and shall give due notice of the time of his visit to the parish superintendent, whose duty it shall be to meet and confer with the State Superintendent on all matters connected with the interests of the public schools of the parish. His expenses in- curred in the discharge of this duty shall be paid out of the cur- rent school fund, but shall not exceed the amount per annum for the purpose. Note — By A( t l(i3 of 1900 tli^ Stnte Sn}>erintensions and obligations incident thereto as now provided by law, are vested in the treasurer of the City of New Orleans. SALE OF SCHOOL LANDS. (Election, S. 2958, R. S.)— It shall be the duty of the parish treasurers of the several parishes in this State to have taken the sense of the inhabitants of the township, to which they may belong, any lands heretofore reserved and appropriated by Congress for the use of schools, whether or not the same shall be sold, and the proceeds invested as authorized by an Act of Con- gress, approved February 15, 1843. * * * * Polls shall be opened and held in each township, after advertisement, for thirty days at three of the most public places in the town, and at the courthouse door, and the sense of the legal voters therein shall be taken within the usual hours, and in the usual manner of holding elections, which elections shall be held and votes received by a member of the parish school board or a justice of the peace ; and if a majority of the legal voters be in favor of selling the school lands therein, the same may be sold, but not otherwise. The result of all such elections shall be transmitted to the parish treasurer, and by him to the State Superintendent. (Survey, S. 2959, R. S.) — Before making sale of the school lands belonging to the State, it shall be the duty of the parish treasurer, or other persons whose duty it may become to su- perintend the sales, to cause a re-survey of such lines as from any cause may have become obliterated or uncertain : and for this purpose he is authorized to employ the parish surveyor, or on his default, any competent surveyor; and the lines thus sur- veyed shall be marked in such manner as to enable those inter- ested to make a thorough examination before sale, and all ad- , vertisements made for the sale of such lands shall contain a full description thereof according to the original survey and that required by this section. The expenses of the survey shall be paid by the Auditor of Public Accounts out of the proceeds of the sale of the lands on the warrants of the parish treasurer. Note. — The State is a trustee of these lands or of the proceeds of their sale for the us'e of the inhabitants of the township in which they ■are located — vide, Board of School Directors vs. Ober, 32 A., 419. (Sale on the Order op the Auditor, S. 2960, R. S.) — If the majority of the votes taken in a township shall give their assent to the sale of the lands aforesaid, the parish treas- urer shall forthwith notify the Auditor of Public Accounts of the vote thus taken, and upon his order, the said lands shall be sold by the parish treasurer, at public auction, before the court- house door, by the sheriff or an auctioneer to be employed by the treasurer at his expense, to the highest bidder, in quantities not less than 40 acres, nor more than 160, after having been pre- viously appraised by three sworn appraisers, selected by the par- ish treasurer and recorder of the parish, after thirty (30) days' advertisement, but in no case at a less sum than the appraised value, payable on a credit of ten years, as follows : ten per cent in cash and the balance in nine annual installments, the interest to be paid on the whole amount, annually, at the rate of eight per cent per annum ; the notes shall be made payable to the Auditor of Public Accounts, secured by special mortgage on the land sold, and personal security in solido, until final payment of principal and interest : in the event of the purchaser neglecting or refusing to pay any of these installments or interest at ma- turity, the mortgage shall be forthwith closed, and the parish treasurer is hereby authorized to advertise and sell the land as before provided for. and further authorized and required to ex- ecute all acts of sale on behalf of the State for any such lands sold, to receive the cash payment and notes given for the pur- chase, which shall be made payable to the State Treasurer, and 54 . to place the same in the office of the Auditor of Public Accounts, for collection ; all cash received, either for principal or interest, from said sales shall be transmitted by him to the State Treas- urer, and any moneys thus received into the State Treasury from sales aforesaid shall bear interest at the rate of sis per cent per annum, and be credited to the township to which the same belongs according to the provisions of the Act of Congress. The parish treasurer shall forthwith notify the State Superin- tendent of the result of all sales made by him. The parish treas- urer shall be authorized to receive the whole amount bid for the lands, deducting the eight per cent interests which the credits will bear. (See Supreme Court decision as to price, etc.) (Sale of Uninhabitable Lands, S. 1, A. 168, '94.) — All sixteenth section lands located in a township not habitable by reason of the land being swamp or sea marsh, the school board of. the parish in which such lands are located may present an application for sale of such sixteenth section land to the Au- ditor of Public Accounts, in which they shall set forth the loca- tion of the township, its character and the reason upon which a sale is desired and upon receipt of such application duly signed by the president and secretary thereof, the Auditor may authorize the sale, if in his judgment a sale should be made. (Sale Conducted in the Same Manner as Others, S. 2^ A. 168, '94.) — In case a sale is ordered as provided for in Sec- tion 1 of this Act, the parish treasurer shall make such sale in the same manner, and upon the terms and conditions as is now provided by law for the sale of sixteenth section lands; pro- vided this Act shall not apply to sixteenth sections now leased tO' parties for a term of years. (Sale of Sections Divided by Parish Lines, Act 147, 1857.) — When the sixteenth section of any township is divided by a parish line, the treasurer of the parish in which a greater portion of the section may lie, shall proceed to take the sense of the people of the township, and to sell the same as provided by law, as if the whole section lay in his parish; provided, that the same shall be advertised at the courthouse of both parishes. (Treasurer's Commission, Act 33, 1859.) — Parish treas- urers of the several parishes shfill be entitled to retain out of the proceeds of the sale of sixteenth sections effected by them a per- 55 centag-e of two and one-half on the amount of said sales, to be deducted from the cash payment, and the same shall be in full compensation of their services. (Lease of School Lands, A. 321, 1859.) — Should a ma- jority of the legal vote be against the sale of the lands, then it shall be the' duty of the parish board of directors, where the same may be situated, to secure them from injury and Avaste, and prevent illegal possession or aggression of any kind, and in conjunction with the parish treasurer to lease the same, or any part thereof, for a term not exceeding four years, according to the provisions of the second section of the Act of Congress afore- said, and to inform the State Superintendent thereof. (Proceeds of Lands Accruing to Townships, S. 2963, R. S.) — All moneys that have been or may be hereafter re- ceived into the State Treasury, and the interest that has or may accrue thereon from the sale of any sixteenth section of school lands or the school land warrants belonging to the various townships in the State, shall be placed to the credit of the town- ship, and should the people of any township desire to receive for the use of the schools therein, the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loan, the parish treasurer shall, on the petition of five legal voters in any such township, order an election to be held in the township, as provided for the sale of township lands ; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest as aforesaid, the same shall be paid to the treasurer of the parish for the use of the " townships or districts; otherwise the interest shall be an ac- cumulated fund to their credit until so called for. (Mode of Annulling Sales, S. 2965, R. S.) — In all cases of the sale of the school lands known as sixteenth sections, here- tofore made, where the purchase money has not been paid, the purchaser or purchasers shall have the right to annul the sale upon application to the district court of the parish where the land is situated; provided, that the judgment of nullity shall be obtained at the cost of the applicant and contradictorily with the district attorney, in conjunction with the school directors of the district in which said land is situated, who shall be made a party defendant in such suit; provided, also, that it shall ap- pear upon the hearing that the value of the land has not been 56 impaired by any act of the purchaser; and provided further, that nothing in this Act shall be so construed as to entitle the said purchaser to repayment of any part of the purchase money already paid. (Auditor's Duty in the Collection of Notes, S. 1, A. 57, '84.) — It shall be the duty of the Auditor of Public Accounts, immediately on the passage of this Act, to forward for collection to the treasurer of the school board in their respective parishes throughout the State, all the notes given for the purchase price of sixteenth sections, or any part thereof, known as free school lands, whenever any installment of said purchase price has become due or may become due, and it shall be the duty of said treasurer of the parish school board to receive and receipt for same. (Parish Treasurer's Duty in the Collection op Notes, S. 2, A. 57, '84.) — It shall be the duty of the treasurer of the parish school board, on the receipt of the notes due and given for the said sixteenth sections, to immediately notify the principal and his sureties, in writing, of the amount of said note, princi- pal and interest, due and unpaid ; provided, said lands for which said notes were given are still in possession of the original pur- chaser, and if in the possession of other parties, such possessor shall also be likewise notified of all the demands, principal and interest, against said lands, and if all the demands against the same be not satisfied within thirty days from said notice, it shall be the duty of the treasurer of the parish school board to turn over said notes to the district attorney for said district, or other attorney selected by the school board, for suit: and, pro- vided further, that said notice shall serve as a bar to prescrip- tion, which shall only begin to run from the service of said notice. (Attorney's Duty in the Collection of Notes, S. 3, A. 57, '84.) — It shall be the duty of the said attorney to proceed without delay, by all necessary legal processes, and without de- positing clerk's or sheriff's costs, or giving security therefor, to collect all such notes as may be turned over to him by said treasurer of the parish school board, and given for sixteenth sections, known as free school lands, and if any of the con- servatory writs should be found to be necessary in order to aid in said collection, it shall be lawful to issue the same, without giving bond as required in other cases. .57 (Attorney's Compensation, S. 4, A. 57, '84.) — The said attorney shall receive ten per cent of all money collected by him on notes given for sixteenth sections, and after deducting said ten per cent he shall tnrn over the remainder to the treasurer of the school fund for the parish in which said lands are situ- ated, and the same shall be transmitted through the Auditor of Accounts, by said treasurer, to the State Treasurer; and any moneys thus received into the State Treasury from said collec- tions shall bear interest at the rate of four per cent per annum, and be credited to the township to which the same belongs, accord- ing to the provisions of the Act of Congress. (When Script May Issue, S. 2952, E. S.)— When such locations cannot be made, if deemed more advantageous to the State, the Register, with the assent of the Federal Government, is authorized to issue script for such lands, which script shall not be sold for a less amount than one dollar and twenty-five cents per acre. (Duty of the Auditor in Fixing Capital Due the Tov^n- SHiPS, Res. 96, '86.)— It shall be the duty of the Auditor of Pub- lic Accounts, by the 1st day of January, 1887, to ascertain the amount of capital that may be due the several townships from the proceeds of the sales of sixteenth sections, made since the 1st of January, 1880, and actually paid into the State treas- ury. The amount thus ascertained shall be the capital upon which interest shall be thereafter allowed and paid out of the interest collected on the said bonds to the townships, the six- teenth sections of which have been sold since the 1st of January, 1880, and the proceeds actually paid into the State Treasury, and the proceeds so paid invested as required by law. In calculating the interest due the several townships, no interest shall be allowed for fractions of the year during which the receipts shall have come into the treasury ; but it shall com- mence at the beginning or the 1st of January of the next year. The interest due upon the capital ascertained as aforesaid, and the interest due upon subsequent sales, shall be paid to the township in the manner now provided for by law. It shall be the duty of the Auditor to furnish the Treasurer and Superin- tendent of Public Education with a statement of the amount due each township. 58' ^ (Trespass on Sixteenth Section, S. 1, A. 14, '82.) — Who- ever shall cut down, or remove for sale for .Ms own use, or the use of another, any timber on any free school land in this State, belonging to the State, known as- sixteenth- sections, shall be deemed guilty of a misdemeanor^/ and/upon conviction shall be condemned to pay a fine of not less than fifty ntfr more than one thousand dollars, and in default of the same, be sentenced to imprisonment not less than ten days nor more than one year. (Same, S. 2, A. 14, '82.) — A¥hoeve,r shall knowingly use, cul- tivate or inclose any free school land, kpown as the sixteenth sec- tion, without authority from^J4ie .parish l)oard of school directors, shall on conviction be condemned to pay a fine of not less than fifty nor more than one thousand dollars, and in default of the same be sentenced to imprisonment for not less than ten days' nor more than one year. (Act 87, 1898, to Peovide for the Sale of School Indem- nity Lands.) Section 2. Be it further enacted, etc.. That the Register of the State Land Office shall have advertised for the sale at pub- lic auction, for thirty clear days, a list of the lands to be sold; the publication to be made in a newspj||^er published in the parish where the land to be sold is situated, and no land to be sold need be advertised in any paper outside of the parish v/here the land to be sold is situated ; provided that no improved lands shall be advertised under the foregoing provisions unless requested by the Board of School Directors of the parish in which the land is located. Sec. 3. Be it further enacted, etc.. That the land shall be sold at public auction at the office of the Register of the State Land Office and shall be adjudicated to the last and highest bid- der ; provided in no case shall it be sold for less than two dollars; and a half per acre. / Sec. 4. Be it further enacted, etc.. That any l^nd which fails to bring the price of two dollars and a hal^t-^p&r acre when offered at auction shall thereafter be subject to private sale at two dollars and a half per acre. Sec. 5. Be it further enacted, etc.. That it shall be the duty of the Reo'ister to deposit in the State Treasury to the credit of the various school boards entitled to receive the same 59 the proceeds of the sale of all indemnity school lands after pay- ing the expense of advertising. (Act 217, 1902 : To Provide for the Sale op School In- demnity Lands.) (See Act 177, 1902.) Section 1. Be it enacted by the General Assembly of the- State of Louisiana, That all lands now owned by, or which may hereafter inure to the State from the United States Government ai indemnity for school lands, shall be disposed of as hereinafter provided. Sec. 2. Be it further enacted, etc.. That the Register of the Land Office shall cause to be advertised for sale at public auc- tion, for thirty clear days, a list of the lands to be sold, Avhich have not already been advertised, the publication to be made in a newspaper published in the parish where the land to be sold is situated, and no land to be sold shall be advertised in any paper published outside of the parish where the same is situated. Sec. 3. Be it further enacted, etc.. That the Register shall adjudicate said lands at public auction to the last and highest bidder at his office and in case the land so offered for sale fails to bring at auction the price of two dollars and fifty cents ($2.50) per acre the same shall be withdrawn and shall be there- after sold by him at private sale for two dollars and fifty cents per acre. Sec. 4. Be it further enacted, etc., That the Register shall not issue a patent to the purchaser of said land until he shall have paid into the hands of the State Treasurer the purchase price of said lands. Sec. 5. Be it further enacted, etc.. That in addition to th'j^ purchase price paid for said lands, the purchaser thereof shall pay to the Register the same fees as in other cases where a patent i> issued, and out of the purchase price so paid, the Treasurer of the State shall pay the cost of advertising said property and place the balance thereof to the credit of the various school boards entitled to receive same. Sec. 6. Be it further enacted, etc., That the provisions of this Act shall not refer nor apply to applications for the entry and sale of school indemnity lands which may be pending in the State Land Office at the time of the passage of this Act. 60 Sec. 7. Be it further enacted, etc., That all laws and parts of laws in conflict or inconsistent with this Act be and the same are hereby repealed. (Sale Which Can Be Made by the Land Register, Act 316, '55.) — It shall be lawful for the Register of the State Land Office to sell, at the price stipulated by law, to any board of free school district directors of this State, any amount, not less than five acres, of any land within their school district, donated by Congress to this State, either for the use of a seminary of learn- ing, or for the purpose of internal improvement, on which to erect a school house. (How^ Located, S. 2947, R. S.) — Any land so sold shall commence in the corner of a legal division or sub-divisions of sections ; and if in a right angle, it shall be run an equal dis- tance on two sides, bounded by the line of such division, and form a square including the number of acres sold ; if in an acute angle, it shall be bounded by said division lines to such dis- tance, and by lines in such other directions as the Register may deem most equitable between the land so sold and that retained ; the patents for lands so sold shall issue to the free school di- rectors and their successors, for the use of their district schools, setting forth the number, and of what parish. (Reservation op School Lands, Act 316, '55.) — The Regis- ter of the State Land Office is required to ascertain in what township in this State there are no reservations of school sec- tions by reason of conflicting claims or from any other cause, ■or where the reservation is less than contemplated by law; and in such cases it is made his duty under the superintendence of the Governor, to apply for, and as soon as possible, obtain a lo- cation of any land or part of land in lieu thereof. 61 EDUCATIONAL LAND GRANTS BY THE UNITED STATES TO LOUISIANA AND OTHER STATES TO JUNE 30, 1880. GRANTS AND RESERVATIONS. The lands granted in the States and reserved in the Terri- tories for edncational purposes by Acts of Congress from 1785 to June 30, 1880, were— • FOR PUBLIC OR COMMON SCHOOLS. Every sixteenth section of public land in the State admitted to 1848, and every sixteenth and thirty-sixth section of such land in States and Territories since organized — estimated at 67,893,919 acres. FOR SEMINARIES OR UNIVERSITIES. The quantity of two townships, or 46,080 acres, in each State or Territory containing public land, and, in some instances, a greater quantity, for the support of seminaries or schools of a higher grade — estimated at 1,165,520 acres. FOR AGRICULTURAL AND MECHANICAL COLLEGES. The grant to all the States for agricultural and mechanical colleges, by Act of July 2, 1862, and its supplements, of 30,000 acres, for each Representative and Senator in Congress to which the State was entitled, of land "in place" where the State con- tained a sufficient quantity of public land subject to sale at ordinary private entry at the rate of $1.25 per acre, and of scrip representing an equal number of acres where the State did not contain such description of land, the scrip to be sold by the State and located by its assignees on any such land in other States, and Territories, sub,ject to certain restrictions. Land in place, 1,770,000 acres ; land scrip, 7,830,000 ; total, 9,600,000 acres. In all, 78,659,439 acres for educational purposes under the heads above set out to June 30, 1880. The lands thus ceded to the several States were disposed of or are held for disposition, and the proceeds used as permanent endowments for common school funds. (See Reports of the Commissioner of Education, Hon. John Eaton, to June 30, 1880 ; land and auditor's reports of the several land States; Kiddle & Schem's Dictionary of Education; and also ninth census, E. A. "Walker, Superintendent, for details of endowments of the sev- 62 ■ei-al States for common schools resulting from the sales of United States land grants for education.) As an illustration, the State of Ohio has a permanent endowment for education, called the '(Irreducible State Debt,,'" the result of sale of all granted lands for education, of $4,289,718.52. (Price of Seminary Lands, S. 2954, R. S.) — The price of, the seminary lands shall hereafter be fixed at one dollar and twenty-five cents per acre. (Act 45, 1904: To Carry into Effect Articles 235 and 236 OF THE Constitution of 1898 Relative to Inheritance 'Taxes. ) Section 1. Be it enacted by the General Assembly of the State of Louisiana, That there is now and shall hereafter be levied, solely for the support of the public schools, a tax upon all inheritances, legacies and donations, provided, no direct inherit- ance, or donation, to an ascendant or descendant, below ten thou- sand dollars, in amount or value shall be so taxed; a special inheritance tax, of three per cent on direct inheritances and ■donations to ascendants or descendants and ten per cent for col- lateral inheritances and donations to collaterals or strangers ; provided bequests to educational, religious or charitable institu- tions shall be exempt from this tax and provided further that this tax shall not be enforced when the property donated or in- herited shall have borne its just proportion of taxes prior to the time of such donation or inheritance ; this tax to be collected on all successions not finally closed and administered upon and on all successions hereafter opened. Sec. 2. Be it further enacted, etc.. That it shall be the duty of different judges throughout the State exercising probate jurisdiction, to require satisfactory proof before them that the succession or estate is not liable to the inheritance tax, before they shall grant a discharge to the administrator, executor, or other officer in charge of said succession and before he shall grant an order placing the heirs in possession. Sec. 3. Be it further enacted, etc.. That in all cases where the inheritance tax appears to be due, it shall be the duty of the administrator, executor, or other officer in charge of the succession, or of the heir to pay over to the Tax Collector of the parish where the succession is opened the full amount of said inheritance tax and to present the receipt to the judge before 63 obtaining' a discharge or of being put in possession of the estate ; the surety on the bond of the administrator, executor or other officer in charge of the estate shall be liable in solido with the officer for the full amount of the inheritance tax; such taxes shall be distributed to the several parishes in accordance with Article 248 of the Constitution. Sec. 4. Be it further enacted, etc., That it shall be the duty of tiie parish superintendent and of the president of the school board of the City of New Orleans to see that this Act be carried out, and that the full amount of the inheritance tax be •duly collected, and it shall be the duty of the District Attorney for the various parishes throughout the State, when called upon by the parish superintendent or the president of the school board in the Parish of Orleans to take proceedings to enforce the pro- visions of this Act. Sec. 5. Be it further enacted, etc.. That the funds thus realized shall not be budgeted against, except at the end of the year when the same shall have been realized, this being an uncer- tain and contingent source of revenue. Sec. 6. Be it further enacted, etc., That this act shall take effect from and after its passage and all laws contrary thereto and in conflict with the same are hereby repealed. DONATIONS. (Donations Authorized, S. 1, A. 124, '82.) — Any one can make a donation of any description of property and to any amount to trustees for educational, charitable or literary pur- poses, or for the benefit of educational, charitable or literary in- stitutions whether already existing, or thereafter to be founded. (Conditions the Donor May Impose, S. 2, A. 124, '82.) — The donor shall have the right to prescribe the number of trus- tees; the causes for which the trustees shall cease to be such; the manner in which vacancies, however occurring, shall be filled, and the manner and formalities according to which the trustees shall meet and transact business. (Property Cannot be Made Inalienable, S. 3, A. 124, '82.) — The donor shall have the right to prescribe the manner in which the property donated shall be administered, and the objects to which it or any part thereof, or the revenues thereof, shall be applied; provided, however, that property donated cannot be 64 made inalienable : but the donor thereof shall have the right to prescribe in what manner and under what circumstances the trustees shall be empowered to sell the same, or any portion thereof, or to change any investment once made. (Trustees to Organize in a Body Corporate, S. 4, A. 124, '82.) — The trustees named in the act of donation and their successors or substitutes, or such of them as are willing and may accept the trust, shall, upon complying with the laws of this State, relative to the organization of corporations for literary, scientific, religious and charitable purposes, constitute a body corporate with the power of continuous succession and unlimited duration, and with all the powers conferred upon corporations by said law or by custom; provided, hoAvever, that the require- ment of said law, as to the number of persons necessary for the formation of a corporation, shall not apply to such trustees ; and, provided further, that if any of the trustees will not or cannot accept the trust, then such of those named as are willing, may accept, and, in the manner prescribed in the act of donation, pro- ceed to fill the vacancies up to the recpiired number. (When Trustees Fail to Accept, the Governor May Appoint Others, S. 5, A. 124, '82.) — Whenever there is an en- tire failure of the trustees to accept, the CTOvernor of the State may name a number of persons equal to the number named by the donor, and who shall fill the places of, and be vested with all the powers conferred upon the trustees by said donor. (Duty of the Trustees. S. 6. A. 124, '82.) — The board of trustees shall administer the property entrusted to them in con- formity with the directions contained in the act of donation, and shall have all the powers needed in such administration ; but cannot mortgage nor encumber the donated property, except as may be prescribed in the act of donation. And said trustees shall not be entitled to any remuneration for their services, un- less expressly granted in the act of donation. (Duty op Trustees Respecting Other Donations, S. 7, A. 124, '82.) — Said board of trustees shall have the power to accept and administer other donations mortis causa or inter vivos from the same or other donors, and to apply the same as may be prescribed in the subsequent act of donations. The ad- ministration of such subsequent act of donations, to be governed by the directions contained in the subsequent act of donation. 65 (FiDEi CoMMissAE, S. 8, A. 124, '82.) — The provisions con- tained in the Revised Civil Code, or other laws of the State rela- tive to substitutions fidei commissae, or trust dispositions, shall not be deemed to apply to, or in any manner affect donations made for the purposes and in the manner provided by this Act, and all laws or parts of laws conflicting with the provisions of this Act, are repealed in so far as regards the purposes of this Act, but not otherwise. (Disposition of Funds of Towns on the Recision op Their Charters, S. 6, A. 173, '94.) — If after paying all the debts of said town (upon the dissolution and recision of its charter) there shall remain any balance of money, the same shall be turned over to the school board of the parish to be used in the education of the children of school age residing within the territory covered by said town. (Prescription of Debts, Etc., S. 8, A. 103, '80.) — The term of prescription of any and all debts, due to any charitable insti- tution in this State, and to any college fund, or any fund of any institution of learning, or to any fund bequeathed for charitable purposes of education, and of all debts contracted by borrowing the whole or part of any such funds, shall be thirty years ; pro- \dded, the debt is evidenced in writing. FREE SCHOOL FUND. (Free School Fund, S. 2957, R. S.) — The proceeds of all lands heretofore granted by the United States to this State for the use or support of schools, except the sixteenth sec- tion in the various townships of the State specially reserved by Congress for the use and lenetit of the people therein ; and all lands which may hereafter be granted or bequeathed to the State, and not specially granted or bequeathed for any other purpose, which hereafter may be disp'osed of by the State, and the ten per cent of the net proceeds of the sales of the public land which have accrued and are to accrue to this State under the Act of Congress, entitled "An Act to appropriate the pro- ceeds of the public lands," and to grant pre-emption rights, approved September 4, 1841 ; and the proceeds of the estates of deceased persons, to which the State has or may become entitled by law, shall be held by the State as a loan, and shall be and re- main a perpetual fund, to be called the Free School Fund, on 66 which the State shall pay an annual interest of six per cent ; which interest, together with the interest of the Trust Fund de- posited with this State by the United States, under the act of Congress approved the 23d of June, 1836, with the rents of all unsold lands, except that of the sixteenth sections, shall be ap- jjropriated for the support of public schools in this State; and donations of all kinds which shall be made for the support of schools, and such other means which the Legislature may from time to time set apart for school purposes, shall form a part of the fund, and shall also be a loan on which the State shall pay an interest of six per cent per annum. It shall be the duty of the Treasurer of the State to apply anriually, and to receive from the General Government, the said ten per cent of moneys now due and to become due to this State, and to place the same, when received, to the credit of the proper fund, and to report thereon to eaeh session of the General As- sembly. SPECIAL SOURCES OF REVENUE. Note. — See Arts. 252 to 260 of the Constitution for general sources of school revenue. 1. Act 43 op '86. — Fines for the employment of children, young persons, and women in certain cases. 2. Act 53 op '94. — Pine for hitching a noisy animal within eight hundred feet of a religious meeting. 3. Act 85 of '94. — Residue from sale of unclaimed mer- chandise in warehouse. 4. Act 124 of '90. — Residue from sale of unclaimed freight in railroad warehouse. 5. Act 54 of '84. — From collection of notes on sixteenth section. 6. Act 85, 1900..^Fines for violation of laws relative to "Protection of deer." m 7. Act 119, 1900. — Pines for violation of laws relative to "Protection of birds." 8. Act 143, 1900. — Pines for violation of laws relative to "Protection of sheep industry." 9. Act 65, 1902. — Pines for violation of laws relative to "Protection of game and animals." 10. Act 124, 1902. — Proceeds from sale of "Sea marsh islands. ' ' 67 11. Act 100, 1882. — Fine from failure of sheriff to comply "with the law on "Open list of poll tax payables." 12. Act 89, 1888. — Fine from failure of assessors to report to school board a list of polls. 13. See S. 2957, R. S.— From "Land Grants" other than the sixteenth section. 14. A. 39, 177, 1902. — From sale of "Internal improve- ment" Swamp Indemnity Lands and Certificates. 15. See Act 27, 1875. — Fine from violation of laws relative to Inquests, etc. SCHOOLS. (Graded and High Schools; One Dollar Assessment, S. 11, A. 214, '02.) — The parish school board shall have authority to establish graded schools, and to adopt such a system in that con- nection as may be necessary to assure their success; central oi Itigh schools may be established when necessary. The ordinances establishing such schools adopted by the parish school boards: shall be submitted to -the State Board of Education, and no high school shall be opened without its sanction; and no such selool shall be established unless the amount be donated for the site, ■and suitable buildings are provided for without any expense out of the school fund ; provided, that the board of directors of the parish of Orleans shall not require the sanction of the State Board for the purposes aforesaid. The school boards shall have authority to assess and collect one dollar per annmn on each family, surviving parent or guardian, who actually sends a child or children to the public schools of the district, to be collected in such manner as said board shall determine, which amount shall be used in providing the school house with fviel, and de- fraying the necessary expenses for the comfort of the school. (Free Passage Over Certain Streams for Pupils, S. 12, A. 214, '02:) — The free right of passage or conveyance over all public ferries, bridges and roads which are rented out by the 'State or parish, or over which the State or parish exercises any control, or for which license is paid or toll exacted, be and is liereby granted to all children on foot attending the public schools: and no tolls or fees shall be demanded or exacted from f;aid children by the keepers or attendants of said ferries, bridges •or roads in their passage to and from school between the hours 68 of 7 o'clock a. m. and 9 o'clock a. m., and 4 o'clock p. m., and 6 o'clock p. m. ; provided, that on Sundays and holidays no chil- dren shall have the right to cross such ferries, bridges or roads on terms different from those of any ordinary passenger. (No School Open With Fewer than Ten Pupils, S. 13,. A. 214, '02.) — No school of less than ten pupils shall be opened or maintained in any locality. (Branches to be Taught; French; Length op Daily Ses- SONS, S. 23, A. 214, '02. — The branches of orthography, reading- writing, drawing, arithmetic, geography, grammar, United States history, the laws of health, including the evil effects of alcohol and narcotics, shall be taught in every district. In addition to these, such other branches shall be taught as the State Board of Education and the parish school boards may require; provided, that these elementary branches may also be taught in the French language in those localities where the French language is spoken; but no additional expense shall be incurred for this cause. No public school in the State shall be opened later than 9 a. m. or closed earlier than 3 p. m. ; this shall not be construed so as to prevent half day sessions where the school accommoda- tions are insufficient for all the pupils of the district in a whole day session. Nor shall it interfere with any arrangement made for the conduct of the Kindergarten Schools; provided, that in the parish of Orleans the board of school directors may fix the hours of session of the public schools. (Hygiene and Temperance, S. 1, A. 40, '88.) — In addition to the branches, in which instruction is now given in the public schools, instruction shall also be given as to the nature of alco- holic drinks and narcotics, and special instruction as to their effects upon the human system in connection with the several divisions of the sub.ject of relative physiology and hygiene, and such subjects shall be taught as regularly as other branches are taught in said schools. Such instruction shall be given orally from a text-book in the hand of the teacher, to pupils who are not able to read, and shall be given by the use of text-books in tbe hands of the pupils in the case of those who are able to read, and such instruction shall be given as aforesaid to all pupils in all public schools in the State, to all the grades until completed in the high schools. 69 (Text-Books, S. 2, A. 40, '88.)— The text-books used for the instruction required to be given by the preceding section (re- f erring to the law in regard to the teaching of Hygiene and Temperance), shall give at least one-fourth of their space to the ■consideration of the nature and effects of alcoholic drinks and narcotics; and the books used in the highest grades of graded •schools shall contain at least twenty pages of matter relating to this subject. Text-books on physiology in use in the schools or at the time this Act takes effect, which are not in accordance with the requirements of this section, shall be changed for books satis- fying the requirements of this section, except when previous ■contracts as to such text-books now in force. (School Holidays, Act 3, 1904.) — The following shall be •considered as days of public rest and legal holidays and half holidays in this State, and no others, namely : Sundays, the first of January, the eighth of January, the twenty-second of February. Good Friday, June 3d, to be known as Confederate Memorial Day, the fourth of July, the first of November, the twenty-fifth of December, Thanksgiving Day, as designated by the President of the United States, and all gen- eral election days, whether Presidential, Congressional, State, municipal or parochial, in the localities where said elections are held, and, in the Parish of Orleans, Mardi Gras, and the first Monday of September, to be known as Labor Day ; and also, in cities and towns where the population shall exceed fifteen thou- sand, every Saturday, from twelve o'clock noon, until twelve o 'clock midnight, to be known as a half holiday ; and in all cities and towns whose population exceed fifty thousand, Vi^henever the first of January, the eighth of January, the twenty-second of February, June 3d, the fourth of July, the first of November, and the twenty-fifth of December, shall fall on a Sunday, the succeeding day shall be a legal holiday. (Exemptions prom Jury Duty, S. 2, A. 89, '94.) — The fol- lowing persons shall be exempted from serving as jurors, but the exemption shall be personal to them, and when they do not themselves claim the exemption it shall not be sufficient cause for challenging any person exempt under the provisions of this Act. * * * The Governor, Lieutenant Governor, State Auditor, State Treasurer, Secretary of the State, Superinten- 70 dent of Public Education, their clerks and employes, and ail' public officers, commissioned under the authority of the Unit?({ States. * * * professors and school teachers while employed in teaching. * * * (Teacher's Register and Monthly Report, S. 60, A. 214, \J2.) — It shall be the duty of parish superintendents and teachers- of the public schools of the State to keep such school records as shall be prescribed by the State Superintendent of Public Edu- cation. Prior to receiving his or her monthly salary at end of each month, each principal of a school shall make to the parish superintendent a report of the entire number of pupils enrolled, the number of pupils in attendance during the month, the books used, the branches taught, the number of pay pupils, and such other information as the parish superintendent may deem im- portant. If any principal wilfully neglects or fails to do this, the parish superintendent shall withhold two dollars of the- salary due for the benefit of the State Institute Fund. (Accountability op Pupils to Teachers, Suspensions, S. 61, A. 214, '02.) — The teacher shall faithfully enforce in the school the course of study and the regulations prescribed in pur- suance of law ; and if any teacher shall wilfully refuse or neglect to comply with such requirements, the parish superintendent, on petition or complaint which shall be deemed sufficient by the board, may remove or dismiss him or her. Every teacher shall have the power and authority to hold every pupil to a strict accountability in school for any disorderly conduct on the play- grounds of the school or during intermission or recess, and to suspend from school any pupil for good cause ; provided, that such suspension shall be reported in writing as soon as practic- able to the parish superintendent, whose decision shall be final ; and provided further, that in the Parish of Orleans the principals- of schools shall suspend and report the same to the superintend- ent for approval or further action. CITY SCHOOLS. Note. — Sec. 73 is part of Act 167. 1904. All others included between Sees. 71 and. 81, in'.-lusive, are parts of Act 214, "02. Section 71. Be it further enacted, etc.. That all the public- schools of the Parish of Orleans, and the property and appur- tenances thereof, and the course of studv and gra-ding thereof,, 71 shall be under the direction and control of a board of directors. Said board shall consist of twenty members, eight of whom shall be appointed by the Governor, by and with the consent and ap- proval of the State Board of Education, and twelve members thereof shall be elected by the City Council of New Orleans. The members of said board shall hold office during four years after their appointment and election, except as hereinafter provided, and until their successors are appointed or elected and qualified. On the first organization of said board by the members thereof, who shall be appointed and elected on the passage hereof, and in the manner aforesaid, the members shall be divided into four classes by such metliod as they may choose, each (^lass to consist of three u)'^inbers elected by the City Council and two members appointed by the Governor, by, and with the consent and ap- proval of the State Board of Education, whose term shall ex- pire respectively in one, two, three and four years, and whose successors shall be elected and appointed for four years, and i-i the manner set forth above; so that one-fourth of the member- ship of said board shall expire, and be elected and appoin; d annually. Vacancies in membership shall be filled by the ap- pointive or elective power, and shall be for the unexpired term of the membership so filled. Sec. 72. Be it further enacted, etc.. That said board of directors of the public schools of the Parish of Orleans shall b'3 a body corporate in law, with power to sue and be sued. Eleven members shall constitute a quorum for the transaction of busi- ness. Legal process shall be served on the president ; in his absence or inability to act, on the vice president. The City At- torney shall act as attorney for the board. The board shall be organized within ten days after its appointment, with a presi- dent and vice president chosen from among its members, and a secretary, who shall not be a member of the board. In addition to the duties of his office, which may be fully prescribed by the board, the secretary shall make a quarterly report to the State Superintendent of Education of the cost of maintaining the city schools, and shall keep the accounts of said board in such man- ner as t() be ill strict accordance Avith such ^'oudget as it may adopt, certifying to said board at each monthly meeting the expenses of said board for each current month. Said board shall have control of all buildings, records, papers, furniture and 72 property of any kind pertaining to the administration of the schools, and shall have management of all the public schools within the limits of the City of New Orleans. The said board shall also have power to pledge its revenues for the year then current, whether received from the State, parish. Board of Liquidation of City Debt, or otherwise, for the purpose of promptly paying its obligations, or for such other purposes as to said board may seem proper. Sec. 73. Be it further enacted, etc.. That in addition to the powers and duties hereinbefore granted to and imposed upon parish boards, the powers and duties of said board of directors of the Parish of Orleans shall be as follows : First. It shall adjust and fix equitably the salaries of teach- ers and janitors, secretary, employes, and of such assistant superintendents as it may deem necessary for an efficient super- vision of the school. Second. It shall limit the annual expenses of maintaining the schools to the annual revenue, and the expense for any one month shall not exceed the one-ninth part of the whole amount provided for the schools. Third. It shall prescribe rules for subjecting teachers or candidates for teacherships to a careful competitive examina- tion on all such branches as they are expected to teach, and no person shall be elected to a position as teacher withoiit a favor- able report on his moral or mental qualifications by an organized committee of examiners appointed by the board. Teachere regu- larly examined and elected shall not be removed from the schools during the time for which employed, except on written charges of immorality, neglect of duty, incompetency or malfeasance of which he has been found guilty by a majority of the members of the board at a regular monthly meeting. The said board may except from said examination any person who has passed a satis- factory examination, as required by Act No. 23 of 1877, ap- proved March twenty-sixth (26th). eighteen hundred and seven- ty-seven (1877). Fourth. It shall elect all teachers from among the candi- dates holding certificates in the order of their merit, as shown by the averages attained at the regular competitive examina- tions. 73 Fifth. All certificates shall be good for five years and shall be graded by the said board; provided, teachers in service shall not be required to stand futnre examinations. Sixth. It shall hold regular monthly meetings on a day fixed by it. Seventh. It shall declare vacant the position of any of its members who shall have failed to perform the duties assigned to him, or shall have absented himself from two successive monthly meetings of the board without leave, or shall have been guilty of any breach of decorum, or of any other act inconsist- ent with the dignity of a school director ; and it shall report each vacancy to the body by which delinquent member shall have been previously elected or appointed; it shall be the duty of the board of directors of city schools elected and appointed under the provisions of this Act to examine and scrutinize personally the accounts of their predecessors, in order to find out if their administration of the school funds committed to their charge for disbursement has been in accordance with law, so that in the future a proper administration of the city schools may be had. Eighth. It may establish, when practicable, evening or night schools for the instruction of such youth as are prevented by their daily vocation from receiving instructions during the, day. Ninth. It may establish, when deemed advisable, one or more normal schools for the professional training and improve- ment of candidates for teacherships, including the course of in- struction and training, lectures in the natural sciences, and on the method of teaching and disciplining children, and the prac- tical exercises of non-teaching students in model classes organ- ized for that purpose by the faculty of the institution. To graduates of these normal schools, also to proficient students in the city high schools the board may, at its discretion, award diplomas. Graduates of these normal schools may be deemed preferred candidates for vacant positions in the city public schools. Diplomas awarded to graduates of these normal schools shall be deemed equivalent to teaching certificates of the highest grade for public schools; provided, that the final examinations for graduation from said normal school shall be conducted in the same manner and include the same subjects as the public com- 74 petitive examinations required by paragraph three (3) of this, section. See. 74. Be it further enacted, etc., That no school director of the City of New Orleans shall receive compensation for his services as school director. Sec. 75. Be it further enacted, etc., That the said board is authorized to appoint for the constant supervision and periodical examinations of the public schools of the Parish of Orleans, a competent and experienced educator to be designated as superin- tendent. He shall aid the directors in organizing the schools and in improving the methods of instruction therein, in examin- ing candidates for teacherships, and in conducting periodical examinations of pupils for promotion through the respective grades of the schools, and in maintaining general uniformity and discipline in the management of all the schools. He shall make monthly reports on the condition and needs of the schools to his board of directors at their regular monthly meetings. For the information of the Common Council, the city school directors, and the public generally, he shall, on or before the fifteenth day of January of each year, publish a printed report, in book form, showing the condition and progress, and possible improvements- to be made in the public schools of the city, the amount and con- dition of the school funds, how the revenues have been dis- tributed during the past year, the amount collected and dis- bursed for connnon school purposes from the general current school fund of the State, from local taxation or appropriation, and from all the other sources of revenue, and how the same was expended for buildings, repairs, salaries, furniture, and appa- ratus, and all other items of expenditure. The report shall show also, the number of pupils enrolled, male, female, white and col- ored, the niimber and location of school houses, the number of teachers employed in the various grades, in the normal, high, grammar, primary, and kindergarten schools: it shall contain ■also, an account of examinations held for teacherships, the num- ber of certificates of each grade awarded, the names of appli- cants who received them, and generally all other items of infor- mation which should be contained in a report upon the annual operation of the school system of a large city. Copies of this report shall be forwarded, one each, to the Governor and mem- bers of the State Board of Education, the State Superintendent 75 of EJucation, the members of the Common Council of the City .of New Orleans, and to other officials and persons interested in the welfare and progress of the city schools. "Whenever notified to be present, he shall attend meetings of the State Board of Education. He shall hold his office for the term of four years, subject to removal by the board for incompetency, neglect of duty or malfeasance, of which, after an impartial hearing by the board, he shall have been adjudged guilty. He shall be ex- officio a member of said board, entitled to participate in its de- liberations and debates, and in the examination of candidates for teachership ; but he shall not cast a vote in the board. Sec. 76. Be it further enacted, etc.. That the treasurer of the City of New Orleans shall ex-officio be the treasurer of said board and shall receive all funds apportioned by the State to such city, or received or collected for the support of the free pub- lic schools from any and all sources. He shall give bond, with good and solvent security in the sum of ten thousand dollars ($10,000) in favor of the president of said board and his suc- cessors in office, to be accepted and approved by said board and recorded in the mortgage office of the parish, and which bond shall then be filed and kept on record in the office of the said board. The filing of said bond, and taking and filing the usual oath of office before any officer authorized to administer the same, shall qualify the treasurer to act. Sec. 77. Be it further enacted, etc.'. That said treasurer shall hold his office for four vears, or during his term of office ar city treasurer, unless sooner removed after due trial and hear- ing by the said board, for neglect of duty or malfeasance in office ; and, in case of removal by the board, it shall elect a treas- urer who shall not be a member. He shall receive the sum of six hundred dollars per annum for the trouble and expense V'hich may be incurred by him in the discharge of the duties imposed under this Act, payable monthly. He shall keep his office open at all such times as may be prescribed by said board, for the payment of pay rolls or checks in favor of teachers and other employes of the board. Sec. 78. Be it further enacted, etc., That the mayor, treas- urer and comptroller of the City of New Orleans shall be ex- officio members of the said board and entitled to take part in all the debates and deliberations in said board on the ways and 76 means of maintaining the public schools of said parish, but they shall not have the right to vote. Sec. 79. Be it further enacted, etc., That in addition to the duties imposed upon the parish board of directors, it shall be the duty of said board for the Parish of Orleans to present to the Common Council of the City of New Orleans, on the 10th day of December of each year, a full report of the condition of the city schools, showing the number of teachers and other em- ployes and their salaries; the number and location of school houses, with the condition thereof, and the estimated cost of keeping all appurtenant grounds in good repair during the en- suing year, also a detailed exhibit of all receipts and expendi- tures of the board for the schools during the previous twelve months ; said report shall be accompanied with a statement certi- fied by the officers of the board of the daily average attendance of pupils during the annual session, and the average expenses per capita of their instruction. Sec. 80. Be it further enacted, etc., That it shall be the duty of the Common Council of the City of New Orleans, in making up their budget of annual, expenses, to include therein the amount necessary to meet the expenses of the schools, as ■shown by the statement of the actual attendance, and the cost of instruction required by the preceding section, with such ad- ditional allowance for probable increased attendance and contin- gent expenses as may seem just and reasonable to the City Coun- cil, and to keep in good repair all school houses and school grounds belonging to the city. Sec. 81. Be it further enacted, etc., That this Act shall go into effect from and after its passage ; and nothing in this Act shall be so construed as to vacate the office of any teacher until the expiration of the term for which he or she shall have been appointed under existing laws, nor as requiring such persons now teaching in the public schools of the City of New Orleans, to qualify in accordance with this Act, or to pass such examina- tions as are otherwise demanded by paragraph five of Section 75, and that all laws in conflict with the provisions of this Act, lae, and the same are hereby repealed, except Acts passed at the present session of the General Assembly. Provided further, that the adoption and promulgation of this Act will not interfere with the present organization of the New Orleans board, but 77 that said board and its members shall continue in office and^ vacate office as now provided in Section 62 of Act 81 of 1888^ as if this law had not been enacted. (City Council Authorized to Establish, S. 1877, E. S.)— The Common Council of the City of New Orleans are author- zed to establish one or more public schools in each district, for the gratuitous education of the children residing therein; to enact ordinances for the organization, government and discipline of the same, and to levy taxes for their support, as to them may seem proper. (Report to State Superintendent, S. 1378, R. S.) — The Council shall make a -report annually to the Superintendent of Public Education of the disposition of the school funds, and communicate all other information respecting public education which they may possess and which may be called for by him. (School Books for Indigent Pupils. Act 55 of 1902.) Section 1. Be it enacted, etc.. That the board of directors of the public schools for the Parish of Orleans shall appro- priate annually not less than the sum of two thousand dollai'??. or as much thereof as may be needed for the purchase of school books to be used for pupils in the primary grades of the public schools of the Parish of Orleans. Sec. 2. Be it further enacted, etc.. That said board of directors shall furnish school books to all pupils in the primary grades in the public schools throughout the Parish of Orleans, who are unable to provide themselves with the requisite books. In order to obtain such books for pupils who are unable to pro- vide themselves with same, it shall be necessary for parents or guardians of such children to make written application to said board through the principals of schools or to the Superinten- dent to that effect, on forms to be provided by said board; and it shall be also necessary for such parents or guardians to attest said application before any public authority, authorized to ad- minister oaths, or before the said Superintendent, or before the principal of schools, who are hereby authorized to receive and administer such attestations. 78 STATE SCHOOLS. Note. — Under this head we give the numbei" of acts of establish- Tuent, etc., believing that those desiring thi 5 information yjrefer having the law in full, which may be obtained from copies of the Statutes. We also include a few sections of the laws which are of interest to the gen- eral public. LOUISIANA STATE UNIVERSITY. (Louisiana State Univeesity and A. & M. College, Act 47, 70: A. 14, '67; A. 96, '60; A. 121, '69; A. 228, '58; A. 303, '67; A. 72, '69; A. 145, '76; A. 20, '75; A. 65, '77; A. 125, '74; A. 141, '94; A. 75, '96; A. 152, '02; A. 100, '86; See Con. '98). (Ob.ject of the Institution, Act 145, '77.) — The Lou- isiana State University and Agricultural and Mechanical Col- lege, as hereinbefore created, shall have for its object to become an institution of learning, in the broadest and highest sense, where literature, science and all the arts may be taught; where the principles of truth and honor may be established, and n noble sense of personal and patriotic and religious duty incul- cated; in fine, to fit the citizen to perform justly, skillfully, and magnanimously all the offices, both private and public, of peace and war. (General Instruction, Act 145, '77.) — The Louisiana State University and Agricultural and Mechanical College, as Iiereinbefore created, shall provide general instruction and edu- cation in all the departments of literature, science, art, and in- dustrial and professional pursuits; and it shall provide special instruction for the purpose of agriculture, the mechanic arts, mining, military science and art, civil engineering, law, medi- cine, commercial and navigation. Note. — See L. S. U. catalogue for degrees confe"red" (Branches to be Taught, Act 145, '77.) — There shall be maintained in the Louisiana State University and Agricultural and Mechanical College, as hereinbefore constituted and estab- lished : First — Schools of literature, including the languages of the principal nations of ancient and modern times, philosophy, logic, rhetoric and elocution, history, ethics, metaphysics and such other and special branches of learning as the board of super- visors mav determine. 79 Second — Schools of science, including mathematics, as- tronomy, engineering, architecture, drawing, physics, chemistry, l)otany, zoology, agriculture, mechanics, mining, navigation and coranierce, and such other special branches of learning as the board of supervisors may determine. Third — Schools of the useful and fine arts, and of military science and art. Fourth — Schools of medicine and laM'. Fifth — Such other schools as the board of supervisors may establish. (Affiliation With Any Incorporated Institution, Act 145, 77.) — The board of supervisors may affiliate with the Lou- isiana State University and Agricultural and Mechanical Col- lege any incorporated university or college, or school of medi- cine, law or other special course of instruction, upon such terms an may be deemed expedient ; and such university, college or ■school may retain the control of its own property, have its own board of trustees, faculties and president respectively; and the students of such universities, colleges or schools recommended by the respective faculties thereof, may receive from the Louisi- ana State University and Agricultural and Mechanical College, the degrees of those universities, colleges or schools, and the said students of learning or special schools, thus graduated, shall rank as graduates of the Louisiana State University and Agri- cultural and Mechanical College. Note. — See ''Beneficiary Students." (Instruction in Military Science, Act 67, '60.) — In the course of study pursued at the University, the board of super- visors shall cause instruction to be given in the military branches of science. The students shall be styled cadets, and shall form a irilitary corps, under the command of the president and such other professors as may be assigned to that branch of instruction. They shall constitute a guard for all public property, arms, or munitions now there or which may hereafter be assembled there ; and the president shall receipt for all such property, arms or munitions, and shall obey all orders relative to their preservation 07' delivery that he may receive from the Governor of the State. 80 STATE NORMAL SCHOOL. (State Normal School, Act 73, '92; A. 61, '86; A. 23, '88; A. 70, '02; A. 91, '96; A. 158, '02; A. 51, '84. See Con. '98.) (Object; To Whom Open, S. 1, A. 73, '92.)— The State Normal School, located at Natchitoches, in the Parish of Natchi- toches, in conformity with Sections 4 and 8 of Act No. 51 of 1884, shall have for its object to train teachers for the public schools of Louisiana, and shall be open to white persons of either sex of age and qualifications as may be hereinafter prescribed. (Departments and Classes, S. 6, A. 73, '92.) — The State Normal School shall contain two departments, the Normal Department and the Practice School. The course of study of the Normal Department may extend over a period of four years, and shall embrace thorough instruction and training in the history and science of education, the theory and practice of teaching, the organization and government of schools and such other branches of knowledge as may be deemed necessary to fit the students for the varied work of a complete system of public schools. The Practice School shall consist of such grades or classes, with such course of study, as the Board of Admini- strators may deem useful in giving the Normal students the neces- sary practice in the art of teaching. (Qualifications for Admission, S. 7, A. 73, '92.) — Applicants for admission to the Normal Department must be at least fifteen years of age if female, and sixteen years of age if male; must give satisfactory evidence of good moral character and of requisite proficiency in the ordinary branches of a good common school education ; and must declare in writing their full intention of continuing in the school until graduation, unless sooner discharged, and of teaching in the public schools of Lou- isiana for at least one year after graduation. . (Tuition Free, Except in Some Instances, S. 8, A. 73, '92.) — Tuition shall be free to all students of the Normal De- partment who fulfill all the requirements imposed by Section 7 of this Act, and to the pupils of the primary grades of the Practice School. All other students shall be charged such fees for tuition as may be prescribed by the board of administrators. (State Normal School Diplomas, Act 91, '96.) — The Board of Administrators of the State Normal School is hereby 81 empowered to confer diplomas upon all graduates of said school. This diploma shall entitle the holder to a first grade teacher's certificate Avithout examination, and shall be valid in any part of the State for four years from the date of graduation, after the expiration of which time it may be renewed every four years, for the same period, by said Board of Administrators upon satisfactory evidence of the ability, progress and moral character of the teacher making application for such renewal. Furthermore, the diploma of the State Normal School shall entitles its holder to such degree of preference in the selection of teachers for the public schools of the State as may be deemed wise and expedient by the State Board of Education. Sec. 2. Be it further enacted, etc.. That all laws, or parts of laws, in conflict with the provisions of this Act be and the same are hereby repealed. Note. — See "Beneficiary Students." LOUISIANA INDUSTRIAL INSTITUTE. (Louisiana Industrial Institute, Act 68, '94; A. 158, '02. See Con. '98.) (Industrial College; Object, Location, Privilege, A. 68, '94.) — An Industrial Institute and College is hereby estab- lished for the education of the white children of the State of Louisiana in the arts and sciences. Said Institute shall be known a^ "The Industrial Institute and College of Louisiana," and shall be located at Huston, Lincoln Parish, La., provided said town and parish shall donate ten thousand dollars ($10,000) to said Institute, and the same shall be organized as hereinafter provided. (See Con. '98, name.) (Branches to be Taught, A. 68, '94.) — The said board of trustees shall possess all the power necessary and proper for the accomplishment of the trust reposed in them, viz: The establishment of a first-class Industrial Institute and College for the education of the white children of Louisiana in the arts and sciences, at which such children may acquire a thorough academic and literary education, together with a knowledge of kindergarten instruction, of telegraphy, stenography and pho- tography, of drawing, painting, designing and engraving in their industrial application ; also a knowledge of fancy, practical and general needle work ; also a knowledge of book-keeping and 82 agricultural and mechanical arts, together with such other prac- tical industries as from time to time may be suggested to them by experience, or such as will tend to promote the general objects of said Institute and College, to-wit: Fitting and preparing such, children, male and female, for the practical industries of the age. Note. — See "Beneficiary Students." Note. — See catalogue for conditions of admission. SOUTHWESTERN LOUISIANA INDUSTRIAL INSTITUTE. ( SOUTHW^ESTERN LOUISIANA INDUSTRIAL INSTITUTE, A. 162, '98; A. 158, '02.) (Establishment, A. 162, '98.) — Be it enacted by the Gen- eral Assembly of the State of Louisiana, That a State Indus- trial Institute is hereby established for the education of the "white children of the State of Louisiana, in the arts and sciences. Said Institute shall be known as the "Southwestern Lou- isiana Industrial Institute," and shall be located in that parish 'of the 13th Senatorial District which will offer the best induce- ment therefor to the Board of Trustees, said location to be made by the Board' to be appointed under this Act, provided that the parish selected for the location of said Institution shall donate not less than twenty-five acres of land and Five Thou- sand Dollars to said Institution, and the same shall be organized a? hereinafter provided; provided further that in case two or more of said parishes offer the same inducements then the Board of Trustees shall select, by a majority vote, the most suitable location and make report thereof to the General Assembly of the State of Louisiana, at its next session, together with such recommendations, as may be conducive to the best interests of said institution. (Branches Taught, Etc.) — The Board of Trustees shall possess all the powers necessary and proper for the accomplish- ment of the trust reposed in them, viz : The establishment of a first-class Industrial Institute for the education of the white children of Louisiana in the arts and sciences, at which such children may acquire a thorough academic and literary educa- tion, together with a knowledge of kindergarten instruction, of telegraphy, stenography and photography, of drawing, painting, designing and engraving in their industrial applications; also 83 a knowledge of fancy, practical and general needle-work; also ■ii knowledge of book-keeping and agricultural and mechanical art together with such other practical industries as, from time to time, may be suggested to them by experience, or such as will tend to promote the general object of said Institute, to-wit: Fitting and preparing such children, male and female, for prac- tical industries of life. TULANE UNIVERSITY. Note. — See "Beneficiary Students," also catalogue for conditions of •admission of Students. *(TuLANE University of Louisiana, A. 43, '84; A. 94, '90; A. 81, '60; A. 320, '55; A. 267, '55; A. 269, '55. See Con. '98.) (Departments op the University, S. 1353, R. S.) — The University shall be composed of the following departments or faculties, to-wit : Law, Medicine, the Natural Sciences, Letters and College proper, or Academical Department ; all of which, as the resources of the University increase, shall be completed and the administrators, excepting the Medical Department, which shall be composed of and formed by the Medical CoUeg-e of Louisiana, as at present organized and established by law ; which said department, as hereafter provided for, shall be engrafted on the University, and be conducted as hereafter directed. (Powers op the Board op Administrators, S. 1354, R. S.) — The administrators shall have the power to direct and pre- scribe the course of study and the discipline to be observed in the University; to appoint by ballot, or otherwise, the president of the University, who shall hold his office at the pleasure of the board and perform the duties of a professor; to appoint pro- fessors, tutors and ushers to assist in the government and in- struction of the students, and such other officers as they may deem necessary; they being removable at the pleasure of the hoard. They shall fix the salaries of the president, professors and tutors, in the Academic Department, and fill vacancies in the professorships. Vacancies in the Law or Medical Depart- ment shall be filled from persons first recommended to the ad- ministrators by the faculty of the department in which a vacancy *Tulanf, University.— The Universitv is not introduced into this oompilation in the sense of a comolete free school, yet th"^ treneral benefits exteaded by its schol- arship system, its agreement with the Stat"^ and its relation to the "University of Loui.siana" place it in the catalogue of public institutions. The school was founded uion an endiwment of the late Paul Tulane. and was ■established by Act No. 43 o! 1881, which was ratiisd by a constitutio lal amendment April 17th, 1888. 84 may happen. No professor, tutor, or other assistant officer shall be an administrator of the University. (By-Laws and- Regulations, S. 1358, R. S.) — They shall have power to make all ordinances and by-laws which to them shall seem expedient for carrying into effect the design con- templated by the establishment of this University, not incon- sistent M'ith the Constitution of the United States and of this State, nor with the provisions of their charter. They shall not make the religious tenets of any person a condition of the ad-, mission to any privilege or office in the University, nor shall any course of religious instruction be taught or allowed of a sectarian character and tendency. (Literary Honors and Degrees, S. 1359, R. S.) — They shall have the right of conferring under their common seal, on any person whom they may think worthy thereof, all literary honors and degrees known and usually granted by any uni- versity or college in the United States or elsewhere. The degree of Bachelor of Law. and Doctor of Medicine, granted by them, shall authorize the person on whom it is conferred to practice law, physics and surgery in this State. (Department of Law, S. 1360, R. S.) — The Department of Law shall consist of three or more professors, who shall be re- quired to give a full course of lectures on international, con- stitutional, maritime, commercial and municipal or civil law. and instruction in the practice thereof. (Access of the ^Medical Department to the Charity Hospital, S. 1370, R. S.) — The ^Medical Department of the Uni- versity shall at all times have free access to the Charity Hospital of Xew Oi'leans, for the purpose of affording their students practical illustrations of the subjects they teach. Note. — See "Beneficiary Students." SOUTHERN UNIVERSITY. (Southern University, A. 87, '80; A. 90, '88. See Con. '98.) (Establishment.) — There shall be established in the City of New Orleans a University for the education of persons of color, to be named and entitled the ' ' Southern University. ' ' (Faculty. Degrees, Departments, and Courses.) — There shall be established bv said lioard of trustees a facultv of arts 85 and letters, which shall be competent to instruct in every branch ■of a liberal education, and under rules of, and in concurrence with, the board of trustees, to graduate students and grant all •degrees appertaining to letters and arts known to universities and colleges in Europe and America, on persons competent and •deserving the same. There may also be established by said board of trustees a ■department of law and medicine. The department of law shall consist of three (3) or more learned professors, learned and skilled in the practice of law in this State, Avho shall be recpiired to give a full course of lectures on international, constitutional, ■commercial and municipal or civil law and instruction in the practice thereof. The medical department of the university shall consist of not less than three professors. They shall be appointed by the board of trustees from regular practicing physicians of the State. The degree of bachelor of law and doctor of medicine, granted by them, shall authorize the person upon whom it is con- ferred to practice physic and surgery in this State. INSTITUTE FOR THE BLIND. (Institute fojr the Blind, A. 92, '71; A. 49, '88; A. 145, '98; A. 166, '98; A. 196, '02.) (Establishment of the Institution.) — There shall be •established and maintained, in the town of Baton Rouge, an in- stitution for the education of the blind, to be known as the ■''Louisiana Institute for the Blind." (Objects of the Institution.) — They shall receive, in- struct and support in the Institution all persons blind, or of such defective vision as not to be able to accpiire an education in the ordinary schools, between the ages of seven and twenty- two years, of sound mind and proper health of body, and resi- dents of the State. Such persons shall receive instructions and be provided with board, lodging, medicine, and medical attend- ance at the expense of the institution and if in such indigent circumstances as to render it necessary, shall also be furnished with clothing and traveling expenses to and from the Institution upon a certificate to that effect from the president of the police jury of the parish, or the mayor of the city or toAvn, in which they reside. 86 (How Long Pupils May Remain.) — Persons admitted as pupils under fourteen years of age, may continue in the institu- tion ten years ; if over fourteen and under seventeen years of age, they may continue eight years; and if over seventeen years of age, they may continue five years; provided the board may in any case extend the term two years. INSTITUTION FOR TPIE DEAF AND DUMB. (Institute for the Deaf and Dumb, A. 88, '71; 166, '98- A. 196, '02. See Con. '98.) (Institution for the Exclusive Use of the Deaf and' Dumb.) — The institution heretofore known as the Louisiana Institution for the Deaf and Dumb and the Blind, located at Baton Rouge, in this State, be and the same is hereby reorgan- ized by the provisions of this act for the exclusive benefit of the deaf and dumb. Act 167, 1898, provides : That there shall be established and maintained, in the town of Baton Rouge, an institution for the eiucation of the deaf and dumb, to be known as the "Louisiana Institute for the Deaf and Dumb." (Admission of Pupils, A. 166, '98.) — They shall receive, instruct and support in the institution all persons deaf and dumb, or of such defective speech or hearing as not to be able to acquire an education in the ordinary schools, between the ages of eight and twenty-two years, of sound mind and proper health of body, and residents of the State. Such persons shall receive instruction and be provided with board, lodging, medi- cine and medical attendance at the expense of the Institution, and if in such indigent circumstances as to render it necessary, shall also be furnished with clothing and traveling expenses tO' and from the Institution, upon a certificate to that effect from the president of the Police Jury of the parish, or the mayor of the city, or town, in which they reside. (Age op Admission.) — The persons admitted as pupils under fourteen years of age, may continue in the institution ten years ; if over fourteen and under seventeen years of age, they may continue eight years ; if over seventeen years of age, they may continue five years: provided, the board may in any case extend the term two years. 87 (Branches Taught.) — The institution shall provide all the requisite facilities for acquiring a good literary education in- struction in hygiene and physical culture and an industrial de- partment in which instruction shall be given in such trades as may be best suited to render the pupils self-sustaining citizens. BENEFICIARY STUDENTS. Louisiana State University and Agricultural and Me- chanical College, A. 100, '86. (Beneficiary Cadets.) — Each parish, as now created or that may hereafter be created in the State, shall have the right to delegate to the Louisiana State University and Agricultural and jlechanical College one beneficiary cadet, and the City of New Orleans shall have the right to delegate to said institution seventeen beneficiary cadets: or one from each ward of said city, said beneficiaries to remain at said institution four years. unless sooner graduated or otherwise discharged; provided, that no beneficiary cadet shall be permitted to resign from said insti- tution, without the consent of the board of supervisors thereof, which consent shall be given only in a case of urgent necessity, such as serious and long protracted ill health, duly declared by the certificate of the surgeon of said institution, or other compe- tent physician, be of such a nature as to render it impossible for said cadet to pursue his studies with advantage. (Police Juries and City Councils to Elect Bene- ficiaries. )-^The police jury of each parish and the city council of New Orleans, respectively, may at a regular meeting, elect the number of beneficiary cadets to which said parish or city is entitled as aforesaid, of such age and qualifications as may be prescribed by the board of supervisors for admission to the coU lege classes of said University and Agricultural and Mechanical College; and shall cause the beneficiary so selected to report ia person at said institution on or before said 5th day of October ;•. provided, that said beneficiary cadet shall be selected from the number of those residents of said parish or of said city, who hpve not themselves, nor have their parents, the means of defray- ing the whole of their necessar.y expenses of maintenance and support at said institution, which facts shall be duly certified tc the president of said institution, by the president of said police .jury, or said city council of New Orleans, as true, to the best of his knoM'ledge and belief. 88 (Authority of the Police Juries and City Council of Kew Orleans to Appropriate Funds for Beneficiaries.) — For maintenance and board of said beneficiaries in said institution, the police juries of the several parishes and the citj^ council of the City of New Orleans, be and are hereby authorized and em- powered to appropriate out of their respective treasuries, a sufficient sum to defray the necessary expenses of said cadets as appointed under the provisions of this act; provided, that the expense of n<^ cadet shall exceed two hundred and fifty dollars ($250) per annum; provided, that under no circumstances shall any part of this sum be paid by the State. (Conditions to the Benefit of Scholarships.) — In order to take advantage of the right granted to each parish and to the City of New Orleans, in Section 1 of this Act, each parish and city shall make an appropriation of one hundred and fifty dollars per annum out of any money in its treasury for the maintenance and board in said institution of each beneficiary cadet delegated by said parish or said city, said sum to be paid to the treasurer of such institution before the admission of said cadet; and the power to make such appropriation is hereby granted to the police juries of the several parishes and to the city council of New Orleans. Tulane University Scholarships, Act 43, '84. Sec. 6. (Scholarships to be Granted.) — In considera- tion of the vesting of the administration of the University of Iiouisiana in the said Administrators of the "Tulane Education Fund/' of the transfer of the rights, powers, privileges, fran- chises and immunities of the said university to said administra- tors and of the exemption from all taxation as herein above pro- vided, the said administrators hereby agree and bind them- selves, with the revenues and income of the property heretofore Civen them by Paul Tulane, Esq.. as well as from the revenues oi all other property, real, personal, or mixed, hereafter to be lield. owned or controlled by them, for the purposes of educa- tion, to develop, foster, and maintain, to the best of their ability and judgment, the University of Louisiana, hereafter to be known as "Tulane University of Louisiana," and upon the adoption of the constitutional amendment aforesaid, to per^ petually use the powers conferred by this act, and all powers vested in them, for the purpose of creating and maintaining in 89 the City of New Orleans a great university, devoted to the in- tellectual, moral and industrial education and advancement of the youth of this State, under the terms of the donation of Paul 1'ulane, and the previous provisions of this act. The said board further agree and bind themselves to waive all legal claim upon the State of Louisiana for any appropriation, as provided in the Constitution of this State, in favor of the University of Louisiana. Besides the waiver of the claim, as aforesaid, as an aMitional consideration between the parties of this act, the said Tjoard agrees to give continuously, in the acad^;mie department, free tuition to one student from each senatorial and from each representative district or parish, to be nominated h\ its member in the General Assembly from among the hona fide citizens and residents of his district or parish, who shall comply with the requirements for admission established b}^ said board. The meaning of this provision being that each member of the Gen- eral Assembly, whether Senator or Representative, shall have the right of appointing one student, in accordance with the foregoing provisions. The free tuition herein provided for shall continue until each student has graduated from the academic department, unless his scholarship has ceased from ■other causes. Whenever a scholarship becomes vacant, from any ■cause, the Senator or Representative who appointed the pre- vious student, or his successor, shall, in the manner prescribed by this section, immediately name a successor. NORMAL SCHOOL, AND INDUSTRIAL SCHOOL SCHOLARSHIPS. (Beneficiary Students to Other State Schools, A. 158, '02.) — Each police jury of the several parishes of the State shall have the right to delegate to the Louisiana Industrial In- stitute at Ruston, or the Southwestern Louisiana Industrial In- stitute at Lafayette or the State Normal School, one (1) female student, and the City of New Orleans shall have the right to ■delegate to said institutions one female student from each ward of said city, said beneficiaries to remain at said institutions until graduated or otherwise discharged ; provided no beneficiary shall be permitted to resign without consent of the board of supervisors of the institute, which consent shall be given only in case of urgent necessity such as serious and long protracted 90 ill health, duly declared by certificate of the physician of sucb. institute of other competent physician, to be of such nature as; to render it impossible for said student to pursue her studies: with advantage. Sec. 2. Be it further enacted, etc., That the police Jury of each parish and the city council of New Orleans, respectively, may at a regular meeting select said beneficiaries subject to and after competitive examination and of such age and qualifica- tions as is prescribed by the rules of such institutes; provided' said beneficiaries shall be residents of such parish or wards wha- have not themselves nor have their parents the means of defray- ing the whole of the necessary expenses of maintenance and sup- port at said institute, which fact shall be duly certified to by the president of the police jury or ward of said city. Sec. 3. Be it further enacted, etc., That for the main- tenance and board of said beneficiaries at said institutes, the* police jury of the several parishes and the city council of New Orleans, be and are hereby authorized and empowered to appro- priate out of their respective treasuries a sufficient sum to defray ihe necessary expenses of said students as appointed under pro- visions of this act ; provided the expenses of no beneficiary shall exceed two hundred and fi'^ty dollars ($250) per annum. SPECIAL LAWS. NOTK. — Under this head is i)laC3d references to laws not quoted in. this compilation. 1. Act 54 of 1900 and Act 226 of 1902— Authority of Auditor and Treasurer to invest sixteenth section proceeds in levee bonds. 2. Act 96 of 1900 — Authority of institutions of learning- to confer literary degrees. 3. Act 19 of 1878 — Bond and oath of public officers. ■1. Act 135 of 1902 — Compensation of Assessor; also see- Act 52, 1880 and Act 41, 1894. SYLLABI OF IMPORTANT SCHOOL DECISIONS OF THE SUPREME COURT. Certificates op Indebtedness. The board of directors for the Public Schools of New Or- leans have the control of school funds placed to their charge- for the maintenance of the schools. It devolves upon this board to compel corporations to comply with their ordinances levying taxes for the schools, if they fail to comply with their obligation in this respect. The board of directors have authority to stand in judgment ; to institute or defend suits, 'the creditor of the school board has no right of action against the City of New Orleans to com- pel the city to recognize the validity of his claim. School certificates of indebtedness issued by the board of directors of the public schools for the years 1874, 1875 and 1876, are not debts of the City of New Orleans, and actions for the purpose of having them recognized as valid claims can be main- tained against the school board, as it is authorized to pass on the validity of the evidence of indebtedness of every one who alleges that he is a creditor. The City of New Orleans turns over amounts collected for schools to the treasurer of the school board. This officer notes the taxes of different years and applies the amount to the pay- ment of certificates from the taxes of these years from which the creditors are entitled to payment. (Fisliey et al. vs. School Directors, 181, iith Ann.) Def fs op Defunct Institutions. The president of the board of supervisors of the Louisiana State University and Agricultural and Mechanical College can- not be compelled to warrant on any fund to pay a debt of either of the two former corporations, known respectively as ''tl.! Louisiana State University" and "the Agricultural and 1^1'.^- chanical College." (31.s^ Anii., 711, State ex rel. Schorten, Agent, vs. Presv^ent Board of Supervisors.) 92 A mere stated account between the superintendent of the Louisiana State University and Agricultural and Mechanical College, and one of the professors employed in that institution, signed by the superintendent, is not such conclusive proof of the amount due the professor as would enable the latter to man- damus the president of the board of supervisors of the institu- tion to warrant for the amount, even if the president was au- thorized to draw such w^arrant. — Ih. Ex Contractu — Obligation. The obligation of the Treasurer of the School Board of Union parish to account for funds received by him, is ex con- tractu and fiduciary in its character, and is only barred by the prescription of ten years. (32r? Ann., 793, Board of School Di- rectors of Union Parish vs. J. E. Trimble.) Free School Bonds. The sale of bonds constituting a' part of the "free school fund." made in virtue of Act No. 81 of 1872, was utterly null and void, and conferred no title on the purchaser, and no future assignee or the purchaser, who took the bonds in good faith, for value, and before their maturity, could acquire a title to them.. . Bonds that are a part of the assets of the "free school fund"' are consigned by law to the custody of the Secretary of State and Auditor of Public Accounts, and those officers have a right to claim their possession in whatever hands they may be found. And this right is not affected by the prescription of three years. (31s^ Ann., 115, Sun Mutual Insurance Company vs. Board of Liquidation, Secretary of State and Auditor, Inter- venors.) Limitation op Contract. The teachers of the public schools of New Orleans cannot, under the law, be appointed for a Aonger term than one year. — Mth Ann., 354, F. A. Golden vs. Board of PuUic School Directors -of New Orleans.) Eecovery of Funds. Where a mistake has been macfe by the State Treasurer in announcing to the State Superintendent of Public Education the amount of funds for apportionment among the educable children of the State, but before the apportionment could be •cancelled the school directors of Orleans had received their quota 93 under it, when the true sum has been ascertained and announced to the superintendent, and a revised apportionment is to be made, it is proper that the superintendent should take into ac- count, when apportioning to Orleans, the sum already im- properly paid to her under the mistake, and which payment has been made in consequence of that mistake. (36th Ami.^ 214, The State ex rel. Board of Sdiool Directors, etc., vs. E. H. Fay, Superintendent, etc.) A school board organized according to law has a right to stand in court to claim from another school board likewise con- stituted, school funds which should have been paid to it by the State authorities and which were illegally paid out to the latter. A receipt therefor would exonerate the debtor board. If the funds are not in kind in the possession of said board, but can be traced to property in Avhich they have been invested by such board, the property itself can be recovered in place of the funds which it represents. An action to recover under such circumstances is not barred by the prescription of five years or less. (36t7i Ann., 806, Scliool Board vs. Scliool Board.) Sale of Warrants. Under the authority of the Board of School Directors of a parish, the treasurer of the board may make a valid sale of the warrants of the State which represent that portion of the inter- est on the free school fund due to said parish. {?,lst Ann., 158 Board of Scliool Directors of Concordia Parish vs. Hernandez.) School Land, Tender, Etc. The residents and alleged tax payers in a township in whom is vested the title of the sixteenth section for the maintenance of the schools, have the right to invoke an interposition of the court to annul the sale of this section. Tender as a prerequisite to the suit cannot be required. The price was not received by the plaintiffs. No title passed to the adjudicatee of the property. The amount should be returned by the authority by which it was received. In the meantime plaintiffs can prosecute their suit to have the sale annulled. The general government donated the sixteenth sections to the townships and authorized their sale, with the consent of the 94 inhabitants residing within their respective limits. The legis- lative department of the State in compliance with the conditions ■of the grant, adopted laws requiring elections to be held to ascer- tain the will of the majority of their voters residing within the townships and providing certain prerequisites for the sale. An ■election not having been held in the township, the return of the election not being sustained at all, the adjudication made was null. The sixteenth section offered for sale should bring its ap- praised value, which may not be less than $1.25 per acre. (44^/i Ann., 365, Telle et al. vs. School Board et al.) "The minimum price of school lands, is one dollar and a quarter per acre." {School Directors vs. Coleman, lith Ann., 186.) Suretyship. Where the sureties on a five-thousand-dollars bond are jointly sued for an amount aggregating two thousand dollars, this court will have jurisdiction, although the demand, against each surety is less than $500. (Ann., btg, State ex rel. School Board, Parish of St. Tammany vs. Cousin et al.) "Where the plaintiif w^ho sues the sureties on an official bond alleges the hopeless insolvency of the principal, the sureties will not deprive themselves of the right of discussion, to which they are entitled under the law, by pleading an exception that admits the truth of the averment of insolvency. — Id. When the principal and sureties on an official bond are sued together, the judgment is res adjndicata as to the sureties, and within the limits of the amount for which they are held under the terms of their bond, they are bound to make good the entire judgment against the principal, including the penalty. {4:0th Ann., 705, East in & Breaux vs. Board of School Directors. Taxation. The word ''may" found in Section 54 of Act No. 81 of 1888, and Section 63, A. 167, '04. does not mean shall. Traced back through the last sentence of Article 339 of the Constitution to Act No. 23, Section 28 of 1877, which the framers of that instru- ment intended to continue in force in that respect, it simply means are authorized. The Constitution merely directed that the Legislature 95 '•'shall provide that every parish may levy a tax," which means ■is Mitliorized or empowered. Any legislature seeming to impose upon police juries the 'duty or oUigation of levying the tax would transcend the de>- •gated authority and so be unconstitutional and barren in eft'e(.;t. Police juries are therefore clothed by law Muth the discre- tionary or optional poAver of levying or not, as their wisdom may •see fit and proper, the tax in question for school purposes. In case of failure to collect the tax, no mandamus can issue to compel the levy. (40^/?, Ann., 755, State ex rel. School Di- rectors vs. Police Jury.) The sheriff can be made to show cause why the poll tnx has. not been collected. The rule can be heard at chambers after three days' service. (Act 89, of 1888.) A municipal corporation, sued under an enactment deemed by it to be unconstitutional, the object of which is to compel it to increase an appropriation for its alimony, has a right to plead the unconstitutionality of the act and to have the conten- tion determined by the courts. It cannot be called upon to show cause why a relief sought ■against it should not be granted and when it appears, in re- sponse, be met with the objection, that it has no standing in court and cannot be heard. In such case the courts will not refuse to listen to the ■defence; but Avill inquire and pass upon its merits. The supremacy of a legislature over a city is not so absolute tliat it cannot be restrained by the organic law. Limitations imposed by the Constitution upon its powers cannot be over- leaped. The system of free schools in Louisiana is a State institu- tion, for tlie establishment, maintenance and support of which the State is required to provide by taxation, or otherwise. As a rule, the taxing powers may be exercised by the Gen- eral Assembly for State purposes only, and by parish and mu- nicipal corporations, under authority granted them by the Legis- lature, for parish and municipal purposes alone; but, under express sanction of the Constitution, the General Assembly ■^'may" authorize parishes to levy a tax for the public schools therein, not exceeding the State tax and, with other parish taxes not exceeding the limits of parish taxation, fixed by the Con- stitution. 96 The Legislature cannot force a parish to levy a tax for school purposes. It may authorize it to do so, and when it ha» done so, and the parish undertakes to raise it, the constitutional limits must be observed. To be valid, the levy of such a tax must find its authority in the organic law. The legislature has therefore no authority tO' compel the City of New Orleans, which is the Parish of Orleans, to make an appropriation to stand in place of the amount which a school tax, if specially levied, would have realized. The Legislature cannot transgress its powers, or invade those which are secured by the Constitution to the City of New Orleans. It cannot do indirectly that which it is incompetent to d.0 directly. Although the first part of Section 71 of Act 81 of 1888, may be constitutional, the provisos which follow it and which re- quire the City of New Orleans to appropriate no less than $250,- 000, for the school purposes, are unconstitutional. They are, therefore, deemed unwritten and not binding on the city. (4:2d Ann., 92, State ex rel. School Board, vs. City of New Orleans.) Treasurer axd Sureties. "Principal and sureties are not protected by urging that the treasurer has not taken the oath of office. It is presumed that he has taken the oath when he has discharged for some time the functions of his office." "The sureties by signing the bond admitted the capacity of the principal." "The rights of the sureties as against their principal not having been impaired, they cannot complain of his acts, his omission or commission." (School Directors vs. Judice and others, 20th Ann., 897.) "The parish treasurer having defaulted, judgment is ob- tained against him, and the court holds as against his sureties that the judgment against the principal is res adjudicata, as to the sureties, and within the limit of the amount for which they signed and obligated themselves as sureties. They are bound to make good the entire judgment against the principal, including the penalty. "The sureties are liable for the five per cent per month penalty imposed upon a defaulting treasurer." (7th Ann., 131; 97 lOth Ann., 492; Uth Ann., 679; Hazard Eastin et al. vs. School Directors, i^Oth Ami., TOG.) Suits by State Superintendent. "He has no authority to appear in person, nor to be repre- sented by counsel of his own selection. In any suit in which he may be a party, he must be represented by the Attorney Gen- eral or District Attorney." (Fay vs. Burke, Treasurer, S5th Ann., 369.) Discipline. Moderate restraint and correction of a pupil by his teacher is not an offense, but is authorized by law, and the authority of the teacher is not limited to the time the pupil is at the school room or under the actual control of the teacher. {Bolding vs. Texas, ^,8. W., 579.) "The teacher is loco parentis, and authority is necessarily surrendered to him for proper government of the school. ' ' {Morrow vs. Wood, American Law Register, N. S. X. 3, 692.) Relative to punishment, the calm and honest judgment of the teacher, as to the requirement, should have great weight in matters of discipline as in the case of a parent under similar circumstances. {American Law Register, Van Vacter vs. State; July numder, 1888. Discipline in ScJiool.) It is the duty of a teacher to maintain proper discipline in school, and the extent of his authority in that direction is dis- cussed. {Law Register, N. S. Vol. XIII, p. 716.) Branches of Studies. Certain studies are required to be taught in the public- schools by statute. The rights of. one pupil must be so exercised undoubtedly as not to prejudice the equal rights of others. {Murrow vs. Wood, 13 American Law Register, p. 694.) Note. — The State Board has adopted certain s^tudies to be taught in the free public schools. The local boards have the anthority of carrying- out the rules and regulations of the State Board. The studies are subject to their control, also all questions relating to grading the schools, and to the schools the pupils should attend when there are several schools in the same town or locality. In this, however, due regard should be had for the wishes of the parents, but the parish board is the authority subject to such appeal as the law provides. School Property Exempt from Seizure. Property dedicated to the use, and belonging to public schools, or employed by municipal corporations for the purpose, shall be exempt from seizure. {R. S. 1320.) 98 Article 207 of 1879 was amended by joint resolution, 92 of the regular session of 1886. No. 6 of the amendments, submitted to the vote of the people at the general election held April, 1888. Properties used for colleges or other school purposes are exempt vide, also Tulane vs. Board of Assessors, 38, A. 297. Sixteenth Sections, and Court Decisions Respecting Them, Under the general laws, and where the township is sur- veyed in square sections, every sixteenth section is reserved as school land, in fractional or irregular townships on water courses, the Secretary of the Treasury is required by law- to select and designate the school lands. Board vs. Rollins, 33 A. 424. Bres. vs. Louviere, 37, A. 736. By issuing an indemnity school warrant the State parts with what title in the public domain it could hy location have secured. The divestiture is complete when the location is ap- proved, and on return and surrender the Governor issues a patent. Note. — Whenever the township is not surveyed in square sections, T^ut is a fractional or irregular township on a water course or for other cause is fractional or irregular, the school authorities should see that the selection is legal, or that proper selection and location are made. One of the Powers of the School Committee. Committees have a legal right to refuse to examine a teacher as to literary qualifieations if they are dissatisfied with his moral character. (Case of Layton E. Seames School Committee of Conventry.) Privileged Communications. A communication representing that a certain person was of bad moral character, and wholly unfit to teach and have th& care of a school made to the proper authority for the sole pur- pose of preventing the issue to the person so charged of a license to teach school is held to be a privilege communication and not actionable. {Wiman vs. Mahee, 45 Michigan 484.) An action will not lie on a communication relating to per- sonal character, if made in good faith and for an honest pur- pose by persons concerned and to the proper person. Nor will it lie when such a communication is untrue, if it is not maliciously made. 99 An Excerpt from Blackstone. The last duty of parents to their children is that of giving them an education, suitable to their situation in life; a duty pointed out by reason of the greatest importance. "For as Puffendorf well observed, it is not easy to imagine •or allow that a parent has conferred any considerable benefit upon his child by bringing him into the world, if he afterwards ■entirely neglects to culture his education, and suffer him to grow up like a mere beast to lead a life useless to others and^ shameless to himself." "Yet the municipal laws of most countries seem to be de- ft etive on this point, by not constraining the parent to bestow a proper education upon his children." "Perhaps they thought it punishment enough to leave the parent, who neglected the instruction of his family, to labor under those griefs and inconveniences which his family so unin- istructed will be sure to bring upon him." Discharge of an Officer. "To obtain his discharge, an officer should obtain a clear receipt from the board of school directors, in so far as he has ircurred any responsibility as an officer in which the said board is concerned." (33d Ann., 709; State ex rel vs. Sheriff.) Hate of Compensation to Teachers. The compensation of teachers not being fixed by statute, they must be paid either according to their contract with the .School Board or upon a quantum meruit. (Offut vs. Bourgeois, ISth Ann., COT.) The Employment of Teachers. "The term of teachers for which employed limited to one year in New Orleans." (Golden vs. Board of School Directors, Mth Ann., 354.) Error in Apportioning School Funds. An error has been committed by the State Treasurer, on which the Superintendent of Public Education made an appor- tionment of funds. Before the apportionment could be can- celed the School Board of Orleans had received their quota. When a subsequent apportionment was made, the amount paid in error was deducted by the State Superintendent of Edu- 100 cation. On appeal, the Court confirmed the action of that officer. (State ex rel. vs. E. E. Fay, Supt., 3Qth Ann., 241.) Amounts Paid in Error Recoverable. One School Board can stand in judgment against another, and recover funds erroneously paid by the State authorities. If the debtor Board has purchased property with the funds,, the property itself can be secured in place of the funds v^hich it represents. This section is not subject to the tive years' pre- scription. {School Board vs. School Board, 36th Ann., 806.) Illegal Charges. "The School Board cannot allow charges in violation of the law. Their action is ultra, and is not susceptible of ratifica- tion. Settlement made is not conclusive." (School Board vs. Trimble, SSd Ann., 1073.) Rules and Regulations. "The various School Boards and other educational au- thorities of the State have, when the statutes are construed in connection with the incidental powers, which the law gives all corporations, the power to adopt rules and regulations for the schools under their control." (Fertelle vs. Mischerer, 11 N. E.^ 605 (Indiana.) AUTHORIZED HIGH SCHOOLS. Marksville, Avoyelles Parish. Winnfield, Winn Parish. Norwood, East Feliciana Parish. Slaughter, East Feliciana Parish. Colfax, Grant Parish. Jeanerette, Iberia Parish. ■ Napoleonville, Assumption Parish. Vidalia, Concordia Parish. Mansfield, DeSoto Parish. Lafayette, Lafayette Parish. Monroe, Ouachita Parish. , Alexandria, Rapides Parish. Delhi, Richland Parish. Henry, Vermilion Parish. " Ellis, East Feliciana Parish. Gilead, East Feliciana Parish. 101 Coiishatta, Red River Parish. Donaldsonville, Ascension Parish. Baton Rouge, East Baton Rouge Parish. Haughton, Bossier Parish. Benton, Bossier Parish. Plain Dealing, Bossier Parish. Shreveport, Caddo Parish. Lake Charles, Calcasieu Parish. Jennings, Calcasieu Parish. Grand Cane, DeSoto Parish. "Winsboro, Franklin Parish. Bastrop, Morehouse Parish. Calhoun, Ouachita Parish. Cheneyville, Rapides Parish. Washington, St. Landry Parish. Hammond, Tangipahoa Parish. Minden, Webster Parish. Opelousas, St. Landry Parish. Harrisonburg, Catahoula Parish. Franklin, St. Mary Parish. Jena, Catahoula Parish. New Iberia, Iberia Parish. ESTABLISHMENT OF HIGH SCHOOLS. Note. — For a school to be recognized as a High School the follow- ing requirements are necessarj': (See paragraph of the Resolutions of State Board. ) 1. Title to the property on which the school is located must be vested in the Parish Board of Education. 2.- The Parish Board of Education must pass a resolution establishing such school as a High School. 3. All the schools in the parish where the High School is ■desired to be established must run for seven months. 4. Copy of the title to the property, copy of the resolu- tion passed by the Parish Board, certificate that the schools of the parish are run for seven months, and copy of resolution of Parish Board to the State Board of Education asking that such school be made a High School, together with the course of study, must be forwarded to the State Board of Education for their consideration and approval or disapproval. 102 EESOLUTIONS AND RULINGS BY THE STATE BOARD OF EDUCATION. 1; (Compulsory Examinations.) — Resolved: That while ii is the sense of this board that the provisions contained in Section 57 of Act 214 of 1902, are still in force, that none the less the parish superintendent has the right of requiring teachers whom he deems incompetent and inefficient and whom he has the power to remove under the 50th section of said Act, to be examined with a view of testing their qualifications and fitness.. (April 1, 1891.) 2. (Examinations; Time; Directions; Etc.) — Be it re- solved: (a) That the examination for public school teachers' cer- tificates shall be held during the months of June and December of each year, and at no other time during the year. (August 11, 1904.) (b) That the State Superintendent of Education prepare a set of questions covering all the subjects required by law, and furnish to tlie superintendent of each parish, a sufficient number of copies of these official question lists for use in the examina- tions, and that no other questions shall be used in said examina- tions; said questions to be sent out from the superintendent's office so as to reach the several parishes simultaneously, and to be used only once, and only on the dates named above. (c) That the value of each question be indicated by the State Superintendent, and that a list of answers showing what would be a fair amount of information to be elicited by each questions, be prepared by the superintendent and furnished to examining board of each parish board, for the purpose of es- tablishing a uniform value to the certificates granted in each parish. (d) That the same question lists be used in examinations of teachers for all grades of certificates, the several grades of certificates being graded according to the percentages made by the candidates. (e) That the superintendent of each parish furnish to the State Superintendent within two weeks after each examination, a list of all persons examined, with their postoffice addresses, the grade received and the grade of certificate granted to each candidate. (See law relation to remittances of $1.) 103 N. B. — Examiners will please mark each answer an the scale of 10 for perfect. (August 20, 1892.) ' 3. (High Schools.) — Resolved: That the State Board of Education call the attention of the parish boards to the necessity of establishing high schools wherever the grade of students justi- fies it, as the State Board of Education believes that the estab- lishment of a number of high schools in the State will contribute powerfully to build up both the public school system and col- leges and universities. (August 19, 1892.) 4. (Collection of Poll Tax.) — Resolved: That the State Board urge the parish school boards to insist upon a full and complete collection of the poll tax, and upon failure of the sher- iffs to report as the law directs that suits be instituted against the tax collector for entire amount of the roll as the law directs in Sections 2 and 3 of Act 89, approved July 2, 1888. (August 19, 1892.) 5. (Normal and Other Graduates.) — Resolved: That the several parish school boards, committees on teachers, and parish superintendents throughout the State are urged to use their best endeavors to secure the services of competent teachers ; that many graduates of our State Normal School and of other colleges en- titled to a preference in the employment of teachers, desire positions in our schools, many of whom have applied to our State Superintendent for employment, who will furnish their names and adJresses on application, and we urge the local au- thorities to secure the services of such teachers as the best means of advancing the educational interest of the children of the State.- (August 19, 1892.) 6. (Penalty for not Recognizing Normal Graduates.) — ■ Resolved : That the State Superintendent of Public Education be and is hereby ordered and directed to report to the Governor any school boards or members of school boards Avho fail to give preference to graduates of the State Normal School or other schools and colleges of good standing as directed by resolution of this board passed August 19, 1892, or who fail to remove their- parish superintendents w^ho are inefficient, unfaithful or negli- gent in the discharge of their duties, and the Governor is hereb.^ requested to remove such boards or members, sub.ject to the rati- fication of this board as approved by Section 2 of Act 29, of 1892. (October 19, 1892.) 104 7. (Decision in Favoe of Normal Graduates.) — ^Whereas, iu formation has reached this board of the violation by the school board of the Parish of Bossier of the resolution adopted by this board of date August 19, 1892, passed in pursuance of Sec- tion 9 of Act No. 73 of 1892, exempting Normal graduates from ■examination and entitling them to a certain degree of preference, therefore, Be it further resolved: That the State Superintendent of Public Education be and he is hereby required to notify said parish board of its violation of this Act as well as the resolutions of this board, and in the event of their failure to at once comply with the law and the resolutions of this body that the Governor be and is hereby requested to remove said board. (June 29, 1897.) 8. (Neglect of Duty to be Reported.) — Resolved: That it is necessary, that the parish school boards and the parish school superintendents shall rigidly adhere to the laws governing the public schools, and where any neglect or violation of laws by any parish superintendent, or any of provisions of such public school laws, shall come to the knowledge of the State Superin- tendent of Public Education, he shall at once report the facts to the Governor of the State, with the request that he remove such delinquent under the provisions of "Section 2 of Act 29 of 1892, amending and re-enacting Section 8 of Act 81 of 1888. (October 19, 1894.) 9. (Uniformity of Text-Books.) — Whereas, the law pro- vides under Section 3, of Act 81 of 1888 that a uniform series ■of text-books shall be used in the public schools, and Whereas, this requirement has the merit of system and is in line with strict economy, and its wisdom has been thoroughly established by experience, therefore Be it resolved : That it shall be the duty of the superin- tendents in the several parishes to see that this rule is faithfully enforced and that the text-books adopted or recommended by this board, and none others, are used in the public schools throughout the State. Resolved further: That a breach of the law requiring the use of uniform taxt-books as above stated, after notice by the parish superintendent, shall be deemed sufficient grounds for the summary dismissal of any teacher in the public schools. (June 29, 1897.) 105 10. (Regulating the Price of School Boofes) — Whereas, complaint has been made that some of the local dealers in school books in the country have been charging more than the contract price for text-books selected for use in the public schools, therefore Be it resolved : That it shall be the duty of the parish super- intendents in the several parishes to post in a conspicuous place in the school rooms printed schedules of prices at which it has been agreed to furnish the books, and the patrons of the schools •shall be notified by him that they can obtain from the pub- lishers through the parish superintendents, for cash, at these prices, in case any additional charges are made by local dealers. Resolved further: That the State Superintendent of Public Education shall forward to the parish superintendents these printed price lists. (October 19, 1894.) 11. (Superintendents Enforce Use of Text-Books.) — Resolved : That it shall be the duty of the parish superintendents in the several parishes to see that the laws and resolutions rela- tive to the State adoption of text-books are faithfully enforced. and that the text-books adopted or recommended by the State Board of Education, and no others, are used in the public schools throughout the State. (March 20, 1905.) 12. (Regulating Sale of School Books.) — Be it resolved: That the Depositories appointed by this board are prohibited from in any way invalidating by their actions the contracts en- tered into by the board and the several publishing houses. (Oc- tober 19, 1894.) 13. (Membership of Parish Boards.) — Be it resolved: That it is the sense of this board that no person be selected or appointed a member of a parish school board who at the time of such selection or appointment, is a member of the State Legis- lature, or who may hold any office of profit or trust debarring him from being selected or appointed to such office under Acts 16 and 17 of the Constitution of Louisiana, excepting such per- sons as may be entitled to appointment under Act 170, to-wit: Justices of the Peace and Notary Public. (August 11, 1904.) 14. (Members of School Boards not to Teach in Their Parish.) — Be it resolved: That it is the sense of this board that persons engaged in teaching in the parish public or private 106 schools of Louisiana shall not be selected or appointed to mem- bership on the parish school board of the parish in which they are engaged in teaching; and, be it further resolved, that a member of a parish school board now teaching, or accepting the appointment as teacher, in the said parish public or private schools of Louisiana, shall resign his position as a member of the parish school board of the parish in which he has accepted an appointment as teacher as aforesaid. (August 11, 1904.) 15. (Qualifications of the Parish Superintendent.)^ Be it resolved : That the attention of parish school boards is di- rected to Section 8, Act 167 of 1904, wherein the qualifications of parish superintendents are stated, to-wit : ' ' He shall be a person of high moral character, and a practical educator." Boards- shall strictly conform to the purpose and intent of these quali- fications to the end that the best practical school supervision, as- Vv^ell as the services of a competent secretary of the board, may be guaranteed in the person of parish school superintendent. (August 11, 1904.) 16. (Apportionment of Funds for High School.) — Be it resolved : That high schools established, or hereafter to be established, shall not receive more of the school funds than any school of other grade. The law providing an equal distribution per capita to all schools. (May 15, 1901.) 17. (Parish Superintendents not to Engage in Teach- ing.) — Be it resolved: That no parish school superintendent shall engage in teaching in any of the parish public schools under his supervision during his term of office as superintendent. This resolution is not to be construed so as to prevent a parish superintendent from being the supervising principal of any of his parish high schools. (August 11, 1904.) 18. (Parish Treasurers' Quarterly Reports.) — Be it resolved: That the parish school treasurers are directed to make to the State Superintendent and the parish school boards, quar- terly reports of the receipts and disbursements of school moneys,, with balances on hand at end of each cpiarter; also annual re- ports in the same manner at the end of each calendar year. (August 14, 1900.) 19. (Rent of School Lands.) — Be it resolved: That par- ish school boards be notified that hereafter school lands could 107 be rented or leased for the purpose of cultivation only. (May 15, 1901.) 20. (Home Talent Encouraged.) — Be it resolved: That for the purpose of encouraging home talent and home industry, this board is of the opinion that hereafter in selecting text-books- for use in the public schools of this State, preference should be given to such as have been either composed or printed, or both composed and printed, in this State ; provided they be equal to competing books in intrinsic merits, mechanical construction and price. (July 25, 1901.) 21. (Declaration of Independence.) — Be it resolved: That a committee be appointed for the purpose of having printed in some suitable and durable form the Declaration of Inde- pendence, to be suspended from the walls of every public school upon the 22d day of February, annually, throughout the State; and for this occasion a program of addresses and patriotic songs shall be arranged and carried out by the principals or teachers in charge of the schools. (July 25, 1901.) 22. (State Teachers' Assoclvtion.) — Be it resolved: That the State Board of Education regards the State Teachers' Asso- ciation as a valuable means of improvement of the public school teachers of the State and regrets to learn that only a small per cent, of our corps are on the rolls ; therefore, the State Board advises the parish superintendents to use their efforts to secure a large attendance of teachers at the annual meeting of the State Teachers' Association, as well as the monthly meetings of their parish teachers' association. (August 15, 1903.) 23. (Compensation of Parish TrExVSurer.) — Be it re- solved : That this board construes its resolution adopted July 26, 1901, relative to the compensation of parish treasurers, to mean that their compensation. For disbursing the first $5,000 shall be 2i/2 per cent. For all sums in excess of $5,000 and not exceeding $10,000' shall be 2 per cent. For all sums in excess of $10,000 and not exceeding $15,000 shall be 1 2-3 per cent. For all sums in excess of $15,000 and not exceeding $20,000' shall be 1 2-5 per cent. For all sums in excess of $20,000 and not exceeding $25,000^ shall be 1 1-5 per cent. 108 For all sums in excess of $25,000 and not exceeding $30,000 shall be 1 1-10 per cent. For all sums in excess of $30,000 shall be 1 per cent. (Au- gust 15, 1903.) 24. (Compensation to Treasurer.) — Resolved: That the <3ompensation to be paid to the parish treasurers throughout the State for disbursing public school funds, as fixed by the resolu- tion of this board, adopted on the 15th day of August, 1903, interpreting the resolutions of the 26th of July, 1901, previously adopted, be calculated upon the amount so disbursed by them as such between the first of January and the thirty-first of De- cember of each year; and that this resolution take effect from ■and after the first of January, 1905. (January 9, 1904.) 25. (Establishment of High Schools.) — Be it resolved: That it is declared to be the policy of the State Board of Edu- cation that hereafter no high school be authorized or established in any parish until it is shown that the common schools of said parish have been kept open for not less than seven months in the year. (August 15, 1903.) 26. (High School Diplomas.) — Be it resolved: That the State Superintendent of Public Education be authorized to prepare a form of diploma for high schools to be signed by the State Superintendent, parish superintendent, and principal of the school from which it is issued, said diplomas to be granted graduates of high schools of tlie State. (August 15, 1903.) 27. (Special School Tax.) — Be it resolved: That this board hereby testifies its high appreciation of the philanthropy and patriotism of those inhabitants of the State who have availed themselves of the invitation of the State Constitution of 1898, by uniting in special school districts and voluntarily taxing themselves for the support and improvement of the public schools in their localities ; and this board further urges all the citizens of the State to imitate the noble example thus furnished. (Au- gust 15, 1903.) 28. (Summer School Credits.) — Resolved: That the State Superintendent of Education is hereby empowered to extend valid teachers' certificates of all teachers (they applying to him) Tiereafter attending the State Summer Schools, and doing satis- factory work therein, as follows : 109 a. Teachers who at the time of attending the State's Sum- mer Schools hold First Grade teachers' certificates, and who shall attend the State's Summer Schools for a term of twenty days or more, shall have his or her certificate extended for a term of one year. h. Teachers who at the time of attending- the State's Sum- mer Schools hold Second Grade certificates, and who shall attend the State 's Summer Schools for a term of twenty days or more,, shall have his or her certificate extended for a term of six months. c. Teachers who at the time of attending the State's Sum- mer Schools hold Third Grade certificates (or prospective teach- ers with no certificates) and who shall attend the State's Sum- mer Schools for a term of twenty days or more, shall be allowed a credit of 10 per cent on taking examination for Second Grade certificate, and 15 per cent on taking examination for First Grade certificate ; provided, that said examinations are taken within one year from date of attendance upon said Summer Schools. (October 3, 1904.) 29. (Inheritance Tax.) — Eesolved: That the State Super- intendent of Public Education be directed to call the attention of the several district attorneys, throughout the State to the provisions of Act 45 of 1904, and request that the same be strictly enforced by them. Eesolved further. That they be specially requested to col- lect all such amounts as may have become due under that Act and which have not yet been collected. (March 24, 1905.) 30. (Parish Treasurer's Record With Sheriff.) — Re- solved: That the several parish school boards shall be directed to procure a suitable book in which the parish treasurer shall keep an account with the sheriff of his parish, charging him with all fees and forfeits as shown by the minutes of the court, and from which he shall make his settlements from time to time,, crediting the said sheriff with such fines as are uncollectable. (January 9, 1905.) IN D E :?c -Authorized High Schools — (See pages 100-101.) Page. Parish Boards May Establish, Sec. 11 20 State Board Resolutions, Requirements ; . . 101 ^BNEFICIAET STUDENTS — • Louisiana State University 87, 88 Louisiana Industrial Institute 89, 90 Southwestern Louisiana Industrial Institute 89, 90 State Normal School 89, 90 Tulane University 88, 89 City Schools — Board of Directors; how apopinted ; powers, Sees. 71, 72 and 78. .71, 72, 75 Books for indigent pupils, Act .55 and Art. 261 14, 77 Budget of expenses. Sees. 73 and 80 72, 73, 76 Certificates of teachers, Sec. 73, "Fifth" 73 City Normal Schools, Sec. 73, "Ninth" 73 City Treasurer ; compensation, Sees. 76 and 77 75, 76 Compensation, Sec. 74 74 Duties of the Board, Sees. 71, 72, 73 and 79 71, 72, 73, 76 Establish schools. Sec. 1377 77 Report of the Board, Sec. 79 76 Report of State Superintendent, Sec. 1378 77 Superintendent and assistants ; duties, etc.. Sec. 75 74, 75 Donations — Accepting donations, A. 158 25 Authorized donations. Sec. 1 63 Conditions donor may impose. Sec. 21 63 Duties of trustees. Sees. 6 and 7 64 Disposition of funds. Sec. 6 65. Fedei Comniissae, Sec. 8 65 Prescription of debts. Sec. 8 65 Property not inalienable, Sec. 3 63, 64 Trustees to organize. Sec. 4 64 When trustees fail to accept, Sec. 5 64 13XAMINATI0NS AND CEETIFICATES Additional requirements, Sec. 3 44 Character of applicant, Sec. 50 43 Certificates license to teach ; how long ; where. Sec. 54 44, 45 Certificates to be filed by teacher. Sec. 58 45 Certificates, special. Sec. 55 45 Committee for examination of teachers, Sec. 37 43 Examiners ; duties, oath, penalties, etc.. Sec. 50 43 Examination fee. Sec. 49 44 Exceptions to State Normal, and Peabody Normal, Sec. 59 46 Ill Page. 33 Enforce use of text-books, resolution (9) and (11) 104, 105 Institutes, hold, penalty, compensation, etc.. Sees. 34, 86, 38, 40, 41 and 43 41, 42 Keep record of boundaries of school districts in book, Sec. 15 22 Minutes of board meetings. Sec. 25 35 Oaths, administer. Sec. 40 34 Office days, Sec. 41 34 Qualifications, Sec. 8 18, 32 Records kept of school districts. Sec. 15 22 Reports of teachers and others, when, Sec. 41 34 Report to State Superintendent, special. Sec. 4 16, 28 Report ; what contain ; neglect to make. Sec. 38 33, 34 Reports to parish boards. Sec. 42 35 Removal from office, causes. Sec. 9 20, 32, 33 Salary, Sec. 35 32 Salary, how paid, Art. 250 11 Secretary to school board, Sec. 35 32 School records to be kept, Sec. 60 35 Term of office. Sec. 8 18, 20, 32 Visits to schools. Sec. 36 33 113 KEVENtiES — (See Donations, pp. 63, 64.) Page. Apportionment of current funds ; tiow, when, Art. 248 10, 47 Assessors' compensation, Sec. 2 24 Application of poll tax, Art. 252 11, 47 Bonds and fines, Sec. 64 48 Pee of the Sheriff as tax collector. Sec. 58 39 Free school bonds 92 Free School Fund; of what consists. Art. 254, and Sec. 2957 11, 65, 66 Free School Funds, Sec. 2957, and Sec. 1327 65, 4T Interest ; how paid on Free School Fund, Sec. 260 14 Interest on United States Deposit Funds, Sec. 1328 47, 48 Interest due township, Art. 257 13 Inheritance tax. Arts. 235 and 236, and Act 45 14, 15, 61, 62 Police Jury tax. Sec. 63 48 Poll tax. Arts. 231 and 252, and Sees. 1 to 5 9, 11, 51 IJecovery of funds 92, 93 Recession of charters. Sec. 6 65 Sectarian schools. Art. 253 11 Special sources of revenue 66, 67 Special school tax. Art. 232, and Sec. 18 9, 48, 49 Petition, Sees. 19 and 2 49 Number of petitioners, Sec. 1 49 Hate, time, object or purpose, Sees. 19 and 2 49 Election ; how and where held. Sec. 1 49 Voters for special tax, Sec. 21 50 Levy and collection. Sees. 20 and 3 50 State Board of Education — Accept and regulate donations. Act 158 17. 18, 25 Adopt text-books. Sec. 3 16 Appointed, Sec. 1 and Art. 250 10, 15 Body corporate. Sec. 7 18 Bonds, exempt from furnishing. Sec. 4 16, 22 Duties, Sec. 3 16 Enumeration of educables, Sec. 1 23 Enumeration by the Assessor, Sec. 2 23 Enumeration ; pay for ; blanks ; and penalty for neglect. Sees. 3-5 23, 24 Memberships, consists of. Sec. 1 15, 3 Meetings, time. Sec. 2 15 Minutes, kept. Sec. 2 15 Number, Sec. 1 : 15 Oaths, Sec. 5 16 Officers, . Sec. 2 15 Proceedings published, Sec. 2 15 Reports made to Auditor, Sec. 1 18, 26 Reports required of Parish Superintendent, Sees. 1 and 4 16, 26, 28 Removal from office, causes. Sec. 6 20 Secretary and assistant, Sec. 2 15 Salary of members, Sees. 1 and 2 ^ . . . . 15 114 Page. Tei'm of office, Sec. 5 16 Vacancies, Sec. 5 - 16 Resolutions and Rulings — Appoi'tlonment of funds for Higli Schools (16) 106 Compulsory examinations (1) 102 Collection of poll tax (4) 103 Compensation of Parish Treasurer (23) and (24) .107, 108 Decision in favor of Normal graduates (6) and (7) 103, 104 Declaration of Independence (21) 107 Establishment of High School (resolution i. (2'5) and (3) 103, 108 Examinations ; time, directions, etc. ( 2 ) 102 Home talent encouraged (20) 107 High School diplomas (26) 108 High Schools established (3) 103 Inheritance tax (29) 109 Memberships of parish boards ( 13 ) < ■ 105 Members of school boards, not teach ( 14 i 105, 106 Normal and other graduates (5) 103 Neglect of duties, officers (8) ; ■ 104 Parish Superintendents to enforce the use of text-books, (9) . and (11) 104, 105 Parish Superintendents, not to engage in teaching (17) 106 Parish Treasurer's quarterly report (18) 106 Parish Treasurer, record with Sheriff (30) 109 ■Qualifications of the Parish Superintendent (15 ) 106 Regulate the price of school books (10) 105 Regulate the sale of school books (12) 105 Rent of school land (19) 106, 107 Summer Normal School credits (28) 108. 109 State Teachers' Association (22) • • ■ . .107 Special school tax (27) 108 Uniformity of text-books (9) 104 State Supeeintendent of Public Education — . Appoint attorney in certain cases. Sec. 7 32 Accounts kept, Sec. 29 • 29 Attorney General's opinion, S. 34 .■ 31 Apportion the Current School Fund, Sec. 62 '. 47 Biennial report. Sees. 30 and 31 29. 30 Convention of Superintendents, Sec. 33 30, 31 Decisions and appeals, how made. Sec. 34 31 Duties, Sec. 28. and Art. 249 . . 10, 2f: Elected, how. Art. 249 , 10, 29 Expenses of traveling. Sec. 28 ' 29 Expenses of office. Sec. 27, and Art. 249 10, 27, 28 File semi-annual report with State Auditor, Sees. 1 and 3 28, 29, 32 General duties. Sec. 29 29, 30 Member of Boards of State Institutions, Sec. 28 29 Minutes published, Sec. 2 15 115 Page. Minutes and reccrds. kept, Sec. 26 28 Model schools. Sec. 1303 31 Office, clerks, Sees. 26 and 27 28, 29 Penalty for ron-compliance. Sec. 1300 28 Iteport to General Assembly and Auditor, Sees. 29 and 3 26, 27, 29 * Records, documents. Sec. 26 28, 29 Records admissible in evidence. Sec. 32 ; . . . . 30 Report to State Board in certain cases. Sec. 33 30, 31 Salary, Sec. 27, and Art. 250 11, 28, 29 Secretary to State Board of Edncation, assistant, etc.. Sec. 2 15, 28 Vacancy, how filled. Sec. 26 28 Visit parishes. Sec. 28 29 Special Laws — Assessor's neglect to take enumeration, penalty, Sec. 5 24 Assessor's enumeration. Sec. 3 23 Assessor's pay, etc.. Sees. 3 and 4 ; (4) and Sec. 2, and Act 135. . .23, 24, 25 Bonds and oaths of public officers, (3) and Act 19, 78 -24 Conferring degrees by State schools (2) 90 Investment of sixteenth section proceeds (1) 90 Sheriff's compensation (5) 90 Sale of School Lands — Auditor's duty in collection of notes. Sees. 1 and 3 39, 56 Attorney's compensation. Sec. 4 57 Auditor's duty in fixing capital due township. Res. 96 57 Cultivate or enclose sixteenth sections. Sec. 2 58 Election as to sale. Sec. 2958 52 Lease of school lands. Act 321 55 Mode of annulling sales. Sec. 2965 55, 56 Location of lands sold by Land Register, Sec. 2947 60 Proceeds of land. Sec. 2963 55 Parish Treasurer's duty in collection. Sec. 2 56 Price of school indemnity lands. Sees. 3 and 4 58, 59 Reservation of school lands, Act 316,^ 60 Survey of school land. Sec. 2959 52, 53 Sale on Auditor's order. Sec. 2960 53, 54 Sale of section divided by parish lines. Act 147 54 Sale of uninhabitable lands. Sec. 1 54 Sale of uninhabitable lands, how conducted. Sees. 1 and 2 54 Sale of school indemnity lands. Acts 87 and 217 58, 59 Sales which can be made by the Land Register, Act 316 60 Sixteenth sections, sale of. Sees. 2958-2960 52, 53 Trespass on sixteenth sections. See. 1 58 Treasurer's duty in collecticn of notes. Sec. 2 38, 39 Treasurer's commission. Act 33 ■. 54, 55 When script may be issued. Sec. 2952 57 State Schools — Debt due Seminary Fund, Art. 258 13 Debts of defunct institutions 91 116 Page. Debt due Agricultural and Mechanical College, Art. 259 13 Educational institutions exempt from taxation. Art. 230 9 Establishment of additional schools, Art. 60 14 Institute for the Blind 85, 86 Institute for the Deaf and Dumb 86, 87 Interest on Agricultural and Mechanical College Fund, Art. 260 14 Louisiana State University and Agricultural and Mechanical College, Art. 255, etc 12, 78, 79, 87, 88 Louisiana Industrial Institute, Art. 256, etc 12, 13, 81, 89, 90 Prescription of debts, Sec. 8 65 Price of seminary lands. Sec. 2954 62 Southwestern Industrial Institute 82, 83, 89, 90 State Normal School, Art. 256, etc 12, 13, 80, 81, 89, 90 Southern University, Art. 256, etc 12, 13, 84, 85 Tulane University, Art. 255, etc 12, 83, 84, 88, 89 Schools — Accountability of pupils to teacher, Sec. 61 70 Age of educables, Art. 248 . . 10 Authorized High Schools 100, 101 Branches to be taught. Sec. 23. and Art. 251 11, 68 Districts, how laid off. Sees. 15 and 16 22 Enumeration of educables. Sec. 1 23 Expropriation of property. Act 96 27, 28 Free passage over streams. Sec. 12 : 67, 68 French taught, Sec. 23. and Art. 251 11, 68 Free school funds, of what shall consist. Art. 254, and Sec. 2957. .11, 65, 66 Graded and High Schools, Sec. 11 , . . . 20 Holidays. Act 3 \ 69 Hours, daily session. Sec. 23 68 Interest due township. Art. 257 13 Number pupils required in schools. Sec. 13 68 Option which school children attend. Sec. 17 23 One dollar assessment. Sec. 11 20 Poll tax, application of. Art. 252 11 Sectarian schools : public funds. Art. 253 11 Special school laws 90 Suspension of pupils. Sec. 61 70 Teacher's register and monthly report. Sec. 60 35, 70 Teacher's certificates and contracts. Sees. 56 and 54. . 45, 44 Teachers exempt from .iury service. Sec. 2 69, 70 Teachers neglecting to comply with regulation. Sec. 61 70 Teachers exempt f rem examination. Sec. 59 46 Temperance, Sec. 1 68 Text-books, Sec. 2 ^ 69 School Teeasueees — Appointed, how. Sec. 65 35 Bond of the Treasurer. Sec. 66 35, 36 117 Page. Bond, copy of same sent to State Treasurer and Superintendent, Sec. 66 •••• 35, 36 Bond, guarantee company's, Act 71 36, 37 Books, transfer of, Sec. 67 ;-!7 Compensation, Sec. 69 37 Dusbursement of funds, Sec. 68 37 Funds, transfer of, Sec. 67 37 Reports to School Boai-ds and to State Superintendent, Sec. 70. . .38, 54, 55 Report (semi-annual) to State Auditor, Sees. 1 and 3 26, 38 Report (semi-annual) to Clerk of Court, Sec. 2 38 • Sixteenth section sales (See "Sale of School Lands" * 52, 53, 54 Treasurer's duties in collection of notes. Sec. 2 38, 39, 56 Supreme Court Decisions — Branches of study 97 Certificate of indebtedness 91 Debts of defunct institutions 91 Discharge of an ofiicer 99 Discipline 97 ^ Ex contractu obligation 92 Errors in apportioning funds 99, 100 Excerpt from Blackstone 99 Free school bonds 92 Illegal charges ^ lOO Limitation of contract 92 93 Powers of school committee 98 - Privileged communications 98 Rules and regulations 100 Recovery of fund 92, 93 100 Rate of compensation to teachers l 99 School property exempt from seizure 97, 98 Sixteenth section ^ '. . gg Suits by State Superintendent 97 Suretyship 94 Sale of warrants » 93 Tender of school lands 9.3' 94 Taxation 94, 95^ 96 Treasurer and sureties 96 Teachers' Institutes — Summer Normal Schools: Credits for attendance (28) 108. 109 Certificates issued, Sec. 46 40, 41, 42 Conductor, State ; how appointed. Sec. 45 40 Conductor's services, Sec. 45 40 Conductor's report. Sec. 47 41 How maintained. Sec. 43 40 Preference to holders of Summer School certificates. Sec. 46 40 Special Institutes: Attendance, Sec. 44 40 118 Page. Notice of, Sec. 44 40 Salaries of teachers not reduced, Sec. 44 40' Wliere "held, Sec. 44 40' MIonthly Institutes: Attendance, obligatory, Sec. 35 . . . . 41 Institute manager. Sec. 39 42 Institute Fund, Sec. 40 42" Membership. Sec. 37 41 Not applicable to New Orleans, Sec. 41 42' Penalty for Superintendent's absence. Sec. 36 41 Roll 'of members, Sec. 38 42- Report of Superintendent relative to institutes, Sec. 43 42, 43: When held. Sec. 34 . . . 4 J LBJe'08