Class A- l^ ^''"O /U Book / INDIANA SCHOOL LAWS Enacted by the General Assemblies of 1913 and I91S Arranged by the State Department of Public Instruction Chas. a. Greathouse State Snperinteiideiit FORT WAYNE Fort Watnh Printing Oo., Contbactohs fob Statu Pbintinq an© Binding 1916 INDIANA 3 (-3. SCHOOL LAWS ^^^ Enacted by the General Assemblies of 1913 and 1915 ARRANGED BY THE STATE DEPARTMENT OF PUBLIC INSTRUCTION CHAS. A. GREATHOUSE State Superintendent FORT WAYNE Fort Wayne Printing Co., Contractors for State Printing and Binding 1916 INDIANA. School Laws Enacted by the General Assemblies of 1913 and 1915. This pamphlet, containing those school laws passed by the General Assemblies of 1913 and 1915 that are of general interest, is issued in the hope that it may be valuable and convenient to the school officials of the State. CHAS. A. GREATHOUSE, Superintendent of Public Instruction. of D. MNV 8 '9'^ (2) w TABLE OF CONTENTS. Township Trustees. page Estimate of expenditures, townships classified 7 Official bond 9 Legal notices, where published 10 Transfer of funds, advisory boards . 10 Emergency expenditures, called meeting Advisory Board 10 Emergency expenditures, meeting of Advisory Board 12 Townships. Transfer of property by civil townships 14 Legalizing township debts, authorizing bonds 15 School Funds — Mortgages. Renewal of school fund mortgages, duties of Auditor. 16 Loan on mineral land, duties of Auditor 17 Mortgages on lands, Clerk of Court, satisfaction of judgments 18 Title to lands. Auditor's deed to quiet 18 Funds not called for, disposition of 19 Wills, public bequests, exempt from taxation 19 Guardian and ward, duties, reports 19 County Superintendents. Extension of term 20 Additional salary 21 Public playgrounds and public baths in cities, how established 21 School cities of the first class. Art associations. School Board, payments to maintain 23 Right to issue bonds 26 School cities of the second class. Public playgrounds 27 Government of Schools 28 School cities of the fifth class: Charge of Public Library 31 Abandoned school property, parks. 32 School cities and school towns: Trustees elected, terms 33 Bonds legalized 35 School buildings. School Trustees may issue evidences of indebted- ness 35 Refunding '. 36 Annexation of school territory, liability of debts 38 Old school buildings, tearing down 39 School towns, election of school trustee 41 School town corporation dissolved 42 Conveyance of property 42 Township control 43 (3) Legalizing Acts: page New Albany, school city, acts legalized 44 French Lick, acts of school board legalized 45 Swayzee, acts of school board legalized 46 Transfer of pupils, tuition 4^ Transportation of pupils, payment of expenses 48 Sanitary School Building Law: Site and building requirements 49 Temperature, uneleanliness, teachers, penalties 52 Hygiene and sanitary science, printed data 53 School officers, powers 53 Penalty as to officers 54 School buildings used for public gatherings 54 Buildings and grounds for high schools, county commissioners authorized to accept 55 Joint schools: City and township, joint graded school 56 Joint high schools, control 58 Joint township high schools 59 Township high schools, how established 59 State High School Inspector, State Superintendent to appoint 60 High schools, term continued 61 Text books: Uniform text books for high schools 61 Text books, bids called for 62 County Superintendent may appoint township trustee or board of school trustees as depository merchants 64 Depository Merchants, Township Trustees or Board of School Trustees . 64 Compulsory attendance of children: Compulsory attendance 65 Age limit, employment 66 Attendance officer, duties 67 Attendance officer, how appointed 68 Number of attendance officers 69 Per diem 69 Record of attendance 70 State Board of Truancy 70 Assistance furnished 70 Separate schools for ineorrigibles 71 Confirmed truant 71 Expenses, special levy 72 Duties of enumerators 72 Information for attendance officer 72 Penalty 73 Vocational education: Establishment of schools 74 Classes, how divided 75 Co-operative schools 75 Studies, how outlined 75 State Board of education, duties 76 Vocational education — Continued: page State Board, members of 76 Appointments, how made 77 Advisory committee 78 Admission to schools, to whom made 78 Compulsory attendance 79 County agent, petition 79 Cities and towns, reimbursed 80 State maintenance 81 Claims for reimbursement 81 Annual levy 81 Salaries and expenses 82 Vocational schools, cities of the first class 82 Agricultural and domestic science school, petition for 85 Extermination of rats 87 Teaching hygiene in schools 87 Compulsory fire drill 90 Teachers required to have one fire driU each month 90 Township and city institutes, attendance. 90 Teachers : Minimum wages 91 Qualifications of teachers 92 Examination in special subjects 93 Teacher's licenses: Examination for 94 Examination studies 95 State Board of Education, fixing averages 96 Temporary teaching permits 97 Professional license, eight year term 97 Exemption from examination 97 Previous exemptions in force 98 Schedule of success items 98 Grade of success, who determines 98 Unfair grading 99 Records of Couty Superintendent 99 Report of State Superintendent 99 Fees on hand. State Treasury 100 Teachers' pension fund, cities of the first class : Control, assessment, levy 100 Fixing pensions 102 Teachers' pension fund, Terre Haute 103 Teachers' pension fund, cities 20,000 to 100,000 110 Teachers' pension (State Teachers' Retirement Fund Law) : Fund created 117 Fund consists of 117 Board of trustees, control 118 Organization of Board 1 19 State divided, units j jc) Units petition 120 Acceptance of act ....... . 120 6 Teachers' pension — Continued: page State institutions, educational, acceptance of act. . . . : 121 Duties of Trustees 122 Fund in control of Board 123 State Treasurer, custodian of funds 124 Applications for pension 124 Teacher's assessed 124 Payment of arrearages 125 Record of units and teachers 126 Investment of funds, cash on hand 127 Amount of pensions 128 Computing years of service 129 Attachment, pensions exempt 130 Teachers eligible to pension. 130 Pensions withdrawn 131 Subsequent applications 131 Tuberculosis, contagious, duties of physicians 131 Benevolent institution fund, levy 134 State debt sinking fund, levy 134 Educational institution fund levy 135 Unexpended balance 136 Purdue University, Government grant 137 State Institutions: Purchase supplies from Blind School 137 Indiana Soldiers' and Sailors' Orphans' Home, Admission to. . . 138 Soldiers and Sailors, enumeration of 139 Arbor Day, fixing date, proclamation - 140 School exercises 141 Legal holidays 141 State song 141 State flower 142 Teacher's Contract (Form for Township teachers) 143 Teacher's Contract (Form for City teachers) 144 SCHOOL LAWS OF 1913 AND 1915 [p. 131, Acts 1915.] Township Trustees — Estimate of Expenditures — Townships Classified. Section 1. Be it enacted hy the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows : Section 1. That section four (4) of the above entitled act, be amended to read as follows: Section 4. The trustee shall attend all of the meetings of the advisory board, and at the annual meeting thereof, after the board shall have organized, he shall present a detailed and itemized statement in writing of his estimated expenditures for which appropriations are asked, speci- fying the number of teachers necessarily employed, their salaries respectively, the number of days deemed necessary for the dis- charge of the duties of his office, and the days of the week or month when they can be most advantageously performed, the extent of needed bridge and highway repairs, an accurate, itemized list of all the property and supplies on hand, whether in use or in store, for road, school and other purposes and estimated value thereof, the items of school supplies necessary for each school, the condi- tion of pauperism in the township, including the names of such persons as have received public aid, since the taking effect of this act, and since the last annual meeting of the board, with the re- spective amount received by each person. And also the items, severally, to be charged against the township funds, including salaries, clerk hire when same is necesssary, stationery, printing and records, and supplies to be furnished to the justices of the town- ship, the trustee's compensation, and his actual expense to be in- curred in the transacting of township business, and his office rent, where an office is authorized by such advisory board, and any other items of expense payable from said fund; and he shall submit to such inquiries concerning the expenditures of his office as the board, or the taxpayers present, may deem proper to make. The advisory board shall have full power to require any estimate, not sufficiently itemized, to be so itemized by the trustee, and to appropriate for any purpose a sum not greater than that esti- (7) 8 mated in the item therefor, except by the unanimous vote of the board, and not otherwise, an appropriation may be made for an item not contained in any estimate, or for a greater amount than that named in any item of an estimate : Provided, further, That all items of expense herein enumerated shall be paid from the proper funds of the township: and Provided, That in townships containing a population of less than 5,000 inhabitants, no clerk hire shall be allowed or paid; that in such townships the advisory board may authorize the trustee to pay as office rent a sum not to exceed $60.00 per annum, and such trustee may, if authorized by the board, keep his office in his residence or his own property, and pay to himself the rent therefor; that in such townships, the ad- visory board may authorize the trustee to pay his actual expenses in transacting his official business, including stationery, printing and records, and may authorize the trustee to use his own prop- erty, as means of conveyance in transacting such business, but the total expenses to be so allowed and paid, other than office rent, shall not exceed $100.00 per year in such townships; that in town- ships containing a population of 5,000 and less than 10,000 inhabi- tants, the advisory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to ex- ceed $100.00 per year; for office rent a sum not to exceed $90.00 per year; for actual expenses in transacting the business of the office, including stationery, printing and records, and may author- ize the trustee to use his own property as means of conveyance in transacting such business, but the total expenses to be so allowed and paid, other than office rent, shall not exceed $200.00 per year; and Provided, That in townships containing 10,000 and less than 15,000 inhabitants, the advisory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to exceed $250.00 per year; for office rent a sum not to ex- ceed $120.00 per year; for actual expenses in transacting the busi- ness of the office, including stationery, printing and records, a sum not to exceed $250.00 per year: and Provided, That in town- ships containing 15,000 and less than 20,000 inhabitants, the advisory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to exceed $450.00 per year; for office rent a sum not to exceed $120.00 per year; for actual expenses in transacting the business of the office, including stationery, printing and records, a sum not to exceed $300.00 per year: and Provided, That in townships containing 20,000 and less than 30,000 inhabitants, the advisory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to exceed $600.00 per year; for office rent a sum not to exceed $180.00 per year; for actual ex- penses in transacting the business of the office, including stationery, printing and records, a sum not to exceed $350 per year: and Pro- vided, That in townships containing 30,000 and less than 40,000 inhabitants, the advisory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to exceed $900.00 per year; for office rent a sum not to exceed $240.00 per year; for actual expenses in transacting the business of the office, including stationery, printing and records, a sum not to exceed $500.00 per year: and Provided, That in town- ships containing 40,000 and less than 100,000 inhabitants, the ad- visory board may authorize the trustee to pay, if the board deems necessary and proper, for clerk hire a sum not to exceed $1,200.00 per year; for office rent a sum not to exceed $300.00 per year; for actual expenses in transacting the business of the office, including stationery, printing and records, a sum not to exceed $600.00 per year; the inhabitants of all such townships to be determined by the last preceding United States census. All appropriations for clerk hire, for office rent, and for actual expenses in transacting the business of the office of trustee, shall be made at the annual September meeting and at no other time. In any case, before the trustee shall draw his warrant for any money to be paid out by reason of the items of expense, including clerk hire and office rent, authorized by this act, he shall require to be filed with him, as trustee, an itemized voucher of such expense, clerk hire or office rent, properly subscribed and sworn to. No trustee shall have credit for any money paid by him, ex- cept he shall show a receipt therefor for each item thereof from the person to whom such payment was made. Sec. 2. This act shall in no way affect any pending litigation. [p. 126, Acts 1915.] Township Trustee — Offical Bond. Section 1. Be it enacted by the general assembly of the State of Indiana, That before entering upon the duties of his office the trustee of every township shall execute a bond conditioned as in ordinary official bonds in a penal sum of not less than the amount of money which may come into his hands at any one time as trustee of the civil township and of the school township to the acceptance 10 of the county auditor. Such bond may be executed by a surety company or by two or more freehold sureties to be approved by the county auditor. Legal Notices — Where Published. Section 1. Be it enacted by the general assembly of the State of Indiana, That in all cases where now, in township or county business, the law provides for the publication of legal notices in a weekly newspaper, it shall be lawful hereafter to make such pub- lications in either a daily or weekly newspaper. (R. S. 1914, § 1346a.) Repeal. Sec. 2. All laws or parts of laws inconsistent with this act, are hereby repealed. Township Trustee — Advisory Boards — Transfer of Funds. Section 1. Be it enacted by the general assembly of the State of Indiana, That if it appears to the advisory board of any town- ship in the State of Indiana, at the next annual September meet- ing of such board, that there is a surplus of the road funds of such township that will not be needed for road purposes then such ad- visory board may, by a unanimous vote, pass a resolution and spread the same upon the minutes of such board, directing the trustee of such township to transfer all or any specified portion of such surplus road fund, to the special school fund of such town- ship, and when any such advisory board shall make any such or- der it shall be the duty of the trustee to transfer said fund in com- pHance to such order, which fund so transferred shall become a part of the special school fund of such township and be used for special school purposes, (p. 551, Acts 1913.) Township — Emergency Expenditures — Called Meeting Ad- visory Board. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one of the above entitled act be amended to read as follows: Section 1. That section six be amended to read as follows: Section 6. Upon a special call of the township trustee, or the chairman of the advisory board or a majority of the members of said board, given in writing to each member thereof, stating the time, place and purpose of the meeting, 11 said board may, if a quorum be present, by consent of a majority of all the members present, determine whether an emergency exists for the expenditure of any sums not included in the existing estimates and levy. In the event that such an emergency is found to exist said board may authorize by special order entered and signed upon the record, the trustee to borrow a sum of money to be named sufficient to meet such emergency; and at the next annual session of the board a levy shall be made to the credit of the fund for which such expenditure is made to cover and pay the debt so created: Provided, however, That if at any annual or special meeting of said board it shall be found indispensably necessary to provide for the construction of a school building, the cost of which building or the proportionate cost thereof if the same be a joint graded high school building will be in excess of the sum available therefor out of any annual levy, then in that event, such board may authorize such trustee to issue township warrants or bonds to pay for such building, or the proportionate cost thereof, such warrants or bonds to run for a period of not exceeding fifteen (15) years; and to bear not exceeding six per centum per annum, and to be sold for not less than par; the township trustee, before issuing such warrants or bonds, shall advertise that bonds are to be sold in not less than one issue a week for three weeks, in one paper of general circulation in the county and one paper of general cir- culation in the state capital, setting forth the amount of bonds offered, the denomination, the period to run, rate of interest and the date, place and hour of selling. The township advisory board shall attend the sale of bonds and shall concur therein before such bonds are sold. The board shall annually levy sufficient taxes to pay at least one-fifteenth of such warrants or bonds, with inter- est, each year, and the trustee shall apply such annual tax to the payment of such warrants or bonds each year. In no event shall a debt of the township be created except by the advisory board of such township, and in the manner herein specified, and any pay- ment of any debt not so authorized from the public funds of such township shall be recoverable upon the bond of the trustee in a suit, which it is hereby made the duty of said board to institute and prosecute in the name of the state, for the use of said township. And said board is hereby empowered to appropriate, and the town- ship trustee shall pay out of the township funds a reasonable sum for attorney's fees for such purpos'^. And if the board, on the written demand of any taxpayer, fails for thirty (30) days to 12 bring suit, then such or any other taxpayer may bring the same, in the name of the state, for the use of the township : Provided, however, Nothing contained herein shall affect any pending litiga- tion. (R. S.'l914, §9595.) The original of this section was amended in 1901, Acts 1901, p. 415, and such amended section was amended in 1909, Acts 1909, p. 208. At the session of 1913, Acts 1913, p. 487, an act was passed amending the section as amended in 1901, such act being approved March 10, 1913, but at such time the amended section above set forth was in force, the same be- ing approved March 6, 1913, and has an emergency clause. The act of March 10, 1913, makes no reference to the act of March 6, 1913, and the March 10th act is regarded as invalid and is omitted. The two acts seem to be dupUcates of each other. Acts of township trustees in borrowing money to erect school buildings legalized. Acts 1911, pp. 27, 350. Bonds issued by township trustees for school purposes legalized, Acts 1911, p. 613. Warrants and certificates of indebtedness issued by township trustees legalized and provisions made for the payment thereof. Acts 1911, pp. 141, 694. An advisory board may authorize a township trustee, at a special meet- ing to borrow money to build a schoolhouse. Lincoln Tp. v. Union Trust Co., 36 App. 113, 73 N.E. Rep. 623, 74 N.B. Rep. 272. Before an advisory board can authorize a township trustee to borrow money, the board must find and enter of record that an emergency exists for such money, and a debt incurred for money loaned without such finding and record cannot be enforced. First Nat. Bank v. Van Buren School Tp., 47 App. 79, 93 N.E. Rep. 863, Pipe Creek School Tp. v. Hawkins, 97 N.E. Rep. 936. At a special meeting of an advisory board the subject of whether an emergency exists for the expenditure money cannot be considered except by consent of all the members of the board, but two members of the board may declare that an emergency does exist. Kirkpatrick v. Van Cleave, 44 App. 629, 89 N. E. Rep. 913. When school oificers have taken the necessary steps to locate and build a joint schoolhouse, an advisory board may be compelled by mandate to authorize a township trustee to borrow money to aid in erecting such house. Advisory Board v. State, 170 Ind. 439, 85 N.E. Rep. 18. Township Trustee — Meeting of Advisory Board — Emer- gency Expenditures. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. Upon the special call of the town- ship trustee, or the chairman of the advisory board, or of a ma- jority of the members of a township advisory board, given in writing to the several members of such board, and the township 13 trustee, stating the time, purpose and place of the meeting, said board may, if a quorum be present, by the consent and action of a majority of all members of the board present, determine the neces- sity and whether an emergency exists for the expenditure of any sum or sums not included in the existing estimates and levy. In the event that such emergency exists, the board may authorize by special order entered and signed upon record, the trustee to borrow a sum or sums not included in the existing estimates and levy to meet the demands for any road machinery, road dredge, bridges, dredge or dredges, or township machinery for hoisting road materials, or other township business; and at the next an- nual session of the board a levy shall be made, the same to be credited to the fund for which such expenditure is made to cover the debt so created: Provided, however, That if at the annual or special meeting of said board it shall be found indispensably neces- sary to provide for the construction of a school building, purchase of any road machinery, road dredge, bridges, dredge or dredges or township machinery for hoisting road materials, or other town- ship business, the cost of which necessity exists, or the proportion- ate cost thereof will be in excess of the sum or sums available there- for out of the funds of the annual levy, then and in that event, such advisory board may authorize the trustee of such township to is- sue township warrants or bonds to pay for such debts so created, and if the same be for a joint graded high school building the township warrants shall be only for the proportional part or share of the debt for which the township shall be liable; the said township warrants or bonds to run for a period of not exceeding ten (10) years, and they shall bear interest at a rate not exceed- ing six per centum per annum, which bonds or township warrants shall be sold by the trustee, with the assent of the advisory board of the said township, for not less than par, and such advisory board shall annually levy sufficient taxes to pay at least one-tenth of such township warrants or bonds, with the annual interest thereon; the trustee of such township shall apply the annual tax levy col- lected each year from such levy on the township warrants bonds and the interest thereon. In no event shall a debt of the township be created except by the advisory board of such township, and in the manner herein specified, and any payment of any debt hot so authorized from the public township funds by a trustee shall be recoverable upon the bond of the trustee, in a suit, which it is hereby made the duty of the advisory board of such township, to institute and prosecute in the name of the state, for the use of the 14 said township. And said board is hereby empowered to ap- propriate, and the township trustee shall pay out of the township funds, a reasonable attorney's fee for such purpose. And if the said advisory board on the written demand of any taxpayer, fails for thirty (30) days to bring suit, then such taxpayer or any other taxpayer of the said township may bring the action in the name of the state for the use of the said township: Provided, houjever, That nothing in this act shall affect any pending litigation. Repeal. Sec. 2. All laws and parts of laws in conflict with any of the provisions of this act are hereby repealed, (p. 487, Acts 1913.) [p. 135, Acts 1915.] Schools — Transfer of Property by Civil Townships. Section 1. Be it enacted by the general assembly of the State of Indiana, That any building or other property belonging to any civil township in this state may be conveyed to the correspond- ing school township in the manner prescribed in this act. Transfer Upon Petition. Sec. 2. In order to effect the transfer or conveyance of any building or other property from any civil township to the corres- ponding school township, a petition may be filed with the board of commissioners of the county in which such civil township is situated, asking for the conveyance or transfer of such building, or other property, the nature of the building or other property to be conveyed or transferred, and the reasons for desiring to effect such conveyance or transfer. The petition shall be signed by a majority of the legal voters resident within such civil township and shall be filed in the office of the county auditor. At the time of fil- ing such petition the petitioners shall give a bond with good and sufficient freehold sureties, payable to the state, to be approved by the board of commissioners, conditioned to pay all expenses in the event the board of commissioners shall fail to authorize the pro- posed conveyance or transfer. Immediately after such petition shall have been filed the county auditor shall give notice of the filing of such petition by causing publication: to be made once a week for two (2) consecutive weeks in one newspaper printed and published in the county and of general circulation in the county in 15 which such civil township is situated. The board of commissioners shall hear the petition at their next regular term, and on the day- designated in the notice and shall determine all matters pertain- ing thereto, and if such board shall be satisfied as to the propriety of granting the prayer of the petitioners, they shall so find and thereupon the trustee of such civil township shall convey such building or other property belonging to such civil township to such corresponding school township and such school township shall thereafter hold, control and manage such building or other prop- erty. All expenses incurred in the conveyance of such property, if such conveyance be authorized, shall be paid out of the general funds of such civil township. [p. 114, Acts 1915.] :"' Schools — Legalizing Township Debts — Authorizing Bonds. Section 1. Be it enacted by the general assembly of the State of Indiana, That whenever, since the enactment of an act entitled "An act concerning township business," approved February 27, 1899, Burns' Revised Statutes 1914, section 9590 et seq., and prior to November 1, 1914, that in all townships of this state having a population of less than 1,430 and more than 1,420 as shown by the last preceding United States census, any township advisory board of any such school township within the State of Indiana, when con- vened in annual or special session, the calling of which session be- ing regular or irregular, at which a quorum of all the members of such advisory board was present and acting, such advisory board by the consent and vote of such quorum having neglected to find that an emergency and necessity existed for the construction of a new school building, or an addition to a then existing school build- ing in said township, and did at such meeting or meetings, duly authorize the construction of certain school buildings or additions and repairs to then existing school buildings in such school town- ship, but then and there neglecting and failing to appropriate the necessary funds to pay for said improvements before the under- taking or completion of such improvements so authorized by a majority of such board, and wherein the trustee of said township was then and there directed to advertise for bids and let con- tracts therefor, but by reason of oversight or neglect such finding, consent, vote and authority was not entered of record and signed, but said trustee, in pursuance of such consent, vote and authority, and in good faith, did have plans and specifications prepared for 16 said school buildings or additions to then existing school build- ings, and did then and there give the legal notice for bids therefor, and did then and there receive bids for such improvements, and did then and there award said contract or contracts to the lowest and best bidder therefor and did enter into a proper contract in writing with the successful bidder and the said bidder giving statutory bond for the faithful performance of the work under the said improvements, which said improvements were duly entered into, made and completed and afterwards duly accepted by the proper officials of said school township, all of said proceedings be- ing by the township officers and the contractor entered into, done and executed in good faith, then in all such cases the contractual rights so performed and indebtedness so incurred, shall be and are hereby legalized, validated and made the legal obligations of said school township in which such action is taken and such school buildings or additions to then existing school buildings were then and there constructed, erected or repaired, and authority is hereby given and made for the payment for said new school buildings or additions to then existing school buildings, or repairs to the same, by the issuing of township warrants or bonds therefor, as if such finding, consent, appropriation, vote and action had been duly made, given and taken and such records made and signed in strict accordance with said act approved February 27, 1899, and any and all amendments and additions thereof and thereto, and any and all amendments of any section thereof, and taxes shall be duly levied in said township to raise money to pay off such obliga- tion or obligations, to be hereafter determined, according to the terms thereof: Provided, That nothing in this act shall affect any pending litigation in any of the courts of the State of Indiana. Schools — Renewal of School Fund Mortgages — Duties of Auditor. Section 1. Be it enacted by the general assembly of the State of Indiana, That all mortgagors of the common school, congressional school and permanent endowment funds, held in trust by their respective counties wherein such mortgage exists, shall, at the ex- piration of five (5) years from the date of the original loan, be re- quired to give notice to the said auditor of said county that they desire to continue such loan. That upon the receipt of such notice the auditor shall notify the appraisers of the district wherein such mortgaged prepaises are located, who shall proceed to view and ap- praise such mortgaged premises, and shall upon oath fix the ac- 17 tual cash value thereon, without regard to the amount of the pres- ent existing loan. If the said mortgaged premises are reappraised at an amount equal to double the amount of the loan, it shall be so recorded by said auditor, which said procedure shall be sufficient for a further continuation of such mortgaged school loan for the period of five (5) years from the expiration of the said original loan: Provided, however, That if the second appraisement, made for the purpose of said continuation, be not sufficient, and is less than double the amount of the original loan, such mortgagor shall pay into the treasury a sufficient sum to reduce said loan to one-half of said appraisement. The cost for said renewal shall be fifty (50) cents each to the appraisers, and fifty (50) cents to said auditor for recording said continuation. Repeal. Sec. 2. All laws or parts of laws in conflict with this act are hereby repealed, (p. 943, Acts 1913.) County Auditors — School Funds — Loan on Mineral Land. Section 1. Be it enacted by the general assembly of the State of Indiana, That where coal or other minerals underlie the surface of real estate, that the auditor of the county where said real estate is situated is hereby authorized to loan the principal of all moneys belonging to the school fund to an amount not to exceed fifty per cent, of the surface value of said real estate, secured by a mort- gage, and said loan to be made in all other respects as now pro- vided by law. (R. S. 1914, §6232a.) [p. 76, Acts 1915.] Preamble. Whereas, Divers laws appear among the acts of the general as- semblies of this state relative to the loaning of congressional town- ship school funds, originating under the act entitled, "An act to authorize the sale of the school lands and for other purposes," approved January 23, 1829, which provided for the loaning of the said funds by the school commissioner to be elected in each coun- ty, and later such congressional township school funds, by local or special acts, were authorized to be made by the congressional township treasurer, congressional township trustees and the coun- ty treasurer acting as school commissioner, until the abolishment of such office provided for in an act entitled, "An act to increase 2—4343 18 and extend the benefits of common schools," approved January 17, 1849; and Whereas, Such loans were made by mortgage upon lands or lots situate within the county for which such school commissioner was elected, and provided for a forfeiture of such mortgaged lands or lots in the case that the interest was not paid in advance by pro- ceedings in the circuit court of such county; all of such proceed- ings appear of record on the dockets of the clerk of such circuit court; and Whereas, Many congressional township fund mortgages ap- pear unsatisfied during the period between January 23, 1829, and January 17, 1849, affecting the titles of the present innocent hold- ers, for which they should have relief, for remedy whereof: Schools — Mortgages on Lands — -Clerk of Court — Satisfac- tion of Judgments. Section 1. Be it enacted by the general assembly of the State of Indiana, That the certificate of the clerk of the circuit court having jurisdiction over the lands or lots where such unsatisfied mortgage appears, that he has examined the judgment dockets for the period covered from the date of such loan to November 1, 1851, the date of adoption of the second constitution of the State of Indiana and that there being no forfeiture of the land or lot so mortgaged, shall, when recorded on the page of such recorded mortgage be deemed a full satisfaction of same. [p. 31, Acts 1915.] Title to Lands^Auditor's Deed to Quiet. Section 1. Be it enacted by the general assembly of the State of Indiana, That whenever it shall be made to appear by proof to the satisfaction of any county auditor of any county in this state that, by reason of the destruction of any of the public records of such county by fire, there is a defect in or a break in the chain of the title of the owner of any lands in school sections lying wholly or partially within such county, then such county auditor be and is hereby authorized to execute to the owner of such lands a quit claim deed correcting and perfecting the title of such owner to such land in so far as such title is rendered defective and im- perfect by reason of the destruction of such records by fire. Such owner shall pay all the necessary expenses incident to the execu- tion of such deeds. 19 County Coroners — Funds Not Called For — Disposition. Section 1. Be it enacted by the general assembly of the State of Indiana, That section twelve of said act be and the same is hereby amended to read as follows: Section 12. It shall be the duty of the treasurer if the money aforesaid shall not be called for within one year from the time of receiving the same, to place said sum of money to the credit of the common school fund principal, and where there is any money now heretofore loaned by the county treasurer on account of the provisions of this act, then said money, principal and interest shall become a part of the common school fund of the state as soon as practicable. (R. S. 1914, §9444.) When the property found on the body is not claimed, it becomes the property of the school fund of the county. State v. Board, 85 Ind. 489. Wills — Public Bequests — Exempt from Taxation. Section 1. Be it enacted by the general assembly of the State of Indiana, That when any money or property is given by will, or otherwise, to any executor or other trustee to be by him used and applied for the use and benefit of any municipal, educational, literary, scientific, religious or charitable purpose within the State of Indiana, and the money or property, if it had been given direct- ly for any such purpose, would not be subject to taxation under existing laws, then and in all such cases, such money or property shall be exempt from all taxation while in the hands of such executor or other trustee : Provided, He shall be diligently and in good faith endeavoring to carry out the provisions of the will or other trust arrangement, and to use and apply such money or property to the purpose for which the same is donated. And in all such cases where any money or property has been assessed for taxation to any executor or trustee for the tax year 1912, the taxes thereon for such year are hereby declared to be void and shall not be collected, and for such year and all subsequent years such money or property shall be deemed to have been and be exempt from all taxation. (R. S. 1914, §10151a.) [p. 34, Acts 1915.] Guardian and Ward — Duties — Reports. ■ Section 1. Be it enacted by the general assernbly of the State of Indiana, That section nine (9) of an act entitled "An act touching the relation of guardian and ward," approved June 9, 1852, and being chapter twelve (12) of the revised statutes of 1852, of the 20 State of Indiana, be and the same is amended to read as follows: Section 9. It shall be the duty of every guardian of any minor: First. To make out and file within three (3) months after his ap- pointment, a full inventory, verified by oath, of the real and per- sonal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do, it shall be the duty of the proper court to remove him, and appoint a suc- cessor. Second. To manage the estate for the best interest of his ward. Third. To render on oath to the proper court an account of his receipts and expenditures as such guardian, verified by vouchers or proof at least once in every two years; and failing so to do, unless he show reasonable cause or excuse for his failure to file such report to the satisfaction of the proper court such guardian shall receive no allowance for services, and be liable to his said ward on his bond for damages on the whole amount of estate, both real and personal, in his hands belonging to such ward, to the amount of the actual loss occasioned by the failure of said guardian to file said report. Fourth. At the expiration of his trust, fully to account for and pay over to the proper person, all of the estate of said ward remaining in his hands. Fifth. To pay all just debts due from such ward, out of the estate in his hands, and collect all debts due such ward; and in case of doubtful debts, to compound the same, and appear for and defend, or cause to be defended, all suits against such ward. Sixth. When any ward has no father or mother, or such father or mother is unable, or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify. County Superintendents — Extension of Term. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. The township trustees of each coun- ty of this state shall meeet at the office of the auditor of their county on the first Monday in June, 1917, at 10 o'clock a. m., and every four years thereafter, and elect by ballot a county superin- tendent for their county. Such county superintendent shall enter upon the duties of his office on August 16th following and unless sooner removed, shall hold his office until his successor is elected and qualified. Before entering upon the duties of his office he shall subscribe and take an oath to perform faithfully such duties according to law; which oath shall be filed with the county auditor. He shall also execute a bond, to the approval of the county audi- 21 tor, payable to the State of Indiana, in the penal sum of five thou- sand dollars, conditioned upon the faithful discharge of his duties, according to law, and faithfully to account for and pay over to the proper persons all moneys which may come into his hands by virtue of such office. As soon as such bond be filed, the county auditor shall report the name and postoffice of the person so elected to the state superintendent of public instruction. Whenever a vacancy may occur in the office of county superintendent the said township trustees, on at least three days' notice given by the county auditor, shall assemble at 10 o'clock a. m., on the day designated in such notice at the office of such auditor, and fill such vacancy by ballot for the unexpired term. In all elections of a county superintendent the county auditor shall be the clerk of such election; and in case of a tie vote the auditor shall cast the deciding vote. In case any one candidate shall receive a number of votes equal to one-half of all the trustees of the county the county auditor shall then and at all subsequent ballots cast his vote with the trustees until some candidate shall receive a ma- jority of all the votes in the county, including the county auditor. Such auditor shall keep a record of such election in a book kept for that purpose. (R. S. 1914, §6376.) County Superintendents — Additional Salary. Section 1. Be it enacted by the general assembly of the State of Indiana, That in counties containing more than seventy-seven thousand inhabitants, according to the last preceding United States census, the board of county commissioners of each of such counties shall be, and hereby is, authorized, upon the petition of fifty resident freeholders of such county to allow an addition to the salary of the county superintendent of schools therein, such as in the judgment of such board the conditions in such county and the work required of such superintendent therein may justify, not exceeding one thousand dollars a year payable to such county superintendent of schools in monthly installments out of the treasury of the county. (R. S. 1914, §6400a.) Public Playgrounds and Public Baths — How Established. Section 1. Be it enacted by the general assembly of the State of Indiana, That the board of health and charities in cities of the first class, in this state, and the board of health and charities or the board of school commissioners, or board of school trustees, in 22 cities of the second, third, fourth and fifth classes, in this state, be and the same are hereby authorized to estabHsh, maintain and equip pubHc playgrounds, public baths and public comfort sta- tions in said cities. That the boards of school commissioners and boards of school trustees or boards of health and charities in such cities are hereby authorized to use, and to permit the use of, any public grounds or buildings under their control as in their judg- ment may be required, or adaptable, pursuant to the provisions and for the purpose designated in this act. And such boards are hereby authorized to lease or purchase grounds, additional to such public grounds, either adjacent thereto or elsewhere in such cities; and such boards are hereby empowered, pursuant to the laws of eminent domain now or hereafter in force within this state, to con- demn real estate to be used for the purposes herein expressed and to pay for such real estate so condemned out of the revenue here- inafter provided for in this act. (R. S. 1914, §6555 rl.) How Controlled. Sec. 2. Such boards shall have full control and custody of all such playgrounds, baths and comfort stations, including the polic- ing and preservation of order thereon, and may adopt suitable rules, regulations and by-laws for the control thereof, and the conduct of children and other persons while on and using the same, and may enforce the same by suitable penalties. Such boards shall appoint a commissioner of public playgrounds, public baths and public comfort stations, whose duty it shall be to superin- tend and manage the work, to select directors and assistants, who while on duty, and for the purpose of preserving order and the ob- servance of the rules, regulations and by-laws of the said boards shall have the powers and authorities of police officers of the re- spective cities in and for which they were severally appointed. The compensation for such employes shall be fixed by such boards. (R. S. 1914. §6555 si.) Expenses — How Paid. Sec. 3. All the expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil cities. The common councils of such cities of the first class shall and cities of the second, third, fourth and fifth classes may, annually, be- ginning in 1913, levy the sum of not less than one (1) cent nor more than two (2) cents on each hundred dollars (.flOO.OO) of 23 taxables within such cities to create the sum, to be known as the "recreation fund," to be expended by such boards in carrying out the provisions of this act. Such funds shall under no circum- stances be used for any other purposes, but for the purposes afore- said, shall be subject to the warrant of the proper city official with- out any further appropriation. (R. S. 1914, §6555 tl.) Repeal. Sec. 4. All laws and parts of laws in conflict with the pro- visions of this act are hereby repealed. [p 41, Acts of 1915.] Art Associations — School Board — ^Payments to Maintain. Section 1. Be it enacted hy the general assembly of the State of Indiana, That in any city having more than one hundred thou- sand inhabitants according to the last preceding United States census wherein there now is or hereafter shall be an art association which is incorporated under the laws of the State of Indiana with- out stock and without purpose of gain to its members, but or- ganized for the purpose of maintaining a permanent art gallery in said city and encouraging and promoting education in the fine and industrial arts and which owns buildings, grounds, works of art and other proper equipment for the study of art in said city, it shall be the duty of the school city of such city and of the board of school commissioners of such city, if any, to pay such art as- sociation annually in quarterly installments a sum equal to one- quarter of one cent on each one hundred dollars of the taxables of said city as valued on the tax duplicate for the year next be- fore the date of each such payment : Provided, Such art associa- tion has, by proper resolution, adopted by its board of direc- tors or other governing body, accepted all the provisions of this act and filed a certified copy of such resolution with said school city or board of school commissioners of said city prior to the date of any such payment. School Officers— Board of Visitors. Sec. 2. No such art association shall be entitled to receive any of the payments so hereinabove provided for until it, by a proper resolution adopted by its board of directors or other gov- erning body, shall have tendered to said school city, or board of school commissioners (1) the- right to appoint the superintendent 24 of the common schools of said school city and the director of art instruction of said school city, if any such there be, as visitors having the privilege of attending all meetings of the board of directors or other governing body of said art association to the end that they may be advised as to the work done and proposed to be done by said association ; (2) the right to nominate for membership in such board of directors or other governing body persons of whom at least two shall be elected; (3) the right of free admission for all school children and teachers of said school city to its museum and galleries and to not fewer than fifty lectures an- nually on the fine and applied arts; (4) the right to use at all reasonable times and in all reasonable ways the association's plant, equipment and facilities for education in art, consistently with their use by such association and in connection therewith the right to use at all reasonable times and in all reasonable ways, un- der the association's direction, its executive and teaching staffs consistently with their established duties to the association; (5) normal instruction in the fine and applied arts which at half the regular rates charged by said association for like instruction may be availed of by all teachers under the jurisdiction and em- ployment of said school city or board of school commissioners; (6) the loan to such school city or board of school commissioners from the association's collection and equipment of suitable and available works of art, reproductions and photographs for temp- orary exhibitions in the city's schools to aid and supplement the teaching in such schools; (7) and such exhibitions in its museum as will supplement and illustrate the work of the school children and teachers under the authority and jurisdiction of said school city or board of school commissioners. A copy of said resolution duly certified by the president and secretary of the said art as- sociation shall be filed in the office of the school city or of the board of school commissioners as a condition precedent to the receipt by the association of any such payments. Acceptance of Provisions. Sec. 3. Be it further enacted by the general assembly of the State of Indiana, That in any city such as is designated in the first section of this act, wherein there now is or hereafter shall be an art association which is incorporated and organized in the manner and for the purpose stated in the first section of this act, and which owns building, grounds, works of art or other proper equipment for the study of art in said city, it shall be the duty of the said 25 city to pay such art association annually in quarterly install- ments a sum equal to one quarter of one cent on each one hundred dollars of taxables of said city as valued on the tax duplicate of said city for the year next before the date of each such payment provided such art association has, by a proper resolution adopted by its board of directors or other governing body, accepted all the provisions of this act and filed a certified copy of said resolution with the comptroller of said city prior to the date of any such payment. Mayor and Comptroller — Attend Meetings. Sec. 4. No such art association shall be entitled to receive any of the payments provided for in section 3 until such art associa- tion by a proper resolution adopted by its board of directors or other governing body, shall have granted to the mayor and the comptroller of said city the right to attend all the meetings of the board of directors or other governing body of said art association to the end that the said city may at all times be advised as to the work done and proposed to be done by said art association and the right to nominate for membership in such board of directors or other managing body persons of whom at least two shall be elected; and, as further consideration for the benefits to be received from said city by reason of such payments, shall have granted to all the inhabitants of said city the right to be admitted free to its museum and art galleries each Saturday and Sunday during the usual hours. A copy of such resolution duly certified by the president and secretary of the art association shall be filed with the comp- troller of said city as a condition precedent to the receipt by the association of any such payments. Resolutions in Force. Sec. 5. After any such art association shall have once filed respectively with the school city or the board of school com- missioners and with the city comptroller the resolution herein- above provided for, it shall not be required to renew the same from year to year but each such original resolution shall continue and remain in force for the purposes named until by like resolu- tion likewise certified and filed any such original resolution shall be revoked or rescinded. Agreement in Force. Sec. 6. So long as any such art association shall do and per- 26 form all and singular the things by it so agreed to be performed as considerations for the benefits to be received by it under this act, or shall continue to be able, willing and ready to perform the same, it shall be entitled to receive the said several payments herein provided for. One Association to Participate — How Chosen. Sec. 7. If at any time it shall transpire that in any city such as is designated in the first section of this act more than one art association such as is designated in that section shall have quali- fied as hereinbefore required to perform the several public serv- ices in this act mentioned nevertheless the moneys in this act authorized and directed to be paid by said city and by said school city shall be paid to but one of such associations. In such event the particular association to which said moneys shall be paid shall be the one selected by both the mayor of said city and by the managing body of said school city by formal corporate action, as the association best qualified and equipped to perform and render said several public services. Nothing in this act shall be con- strued as limiting the power of the general assembly to repeal this act at any time. Schools — Cities First Class — Right to Issue Bonds. Section 1. Be it enacted by the general assembly of the State of Indiana, That the common school corporation in each city of this state of one hundred thousand, or more, inhabitants, ac- cording to the last preceding United States census, shall in addi- tion to all other powers granted it by law, have power to borrow money and issue its bonds therefor as hereinafter provided, viz: Each such common school corporation is hereby authorized and empowered to issue and sell its bonds, in such amounts and denominations as the board of school commissioners thereof may deem advisable, but not a face amount in the aggregate in excess of five hundred thousand dollars ($500,000) principal, for the pur- pose of realizing money to be used in paying for the construction of a library building, or library buildings, for a main library or branch libraries, or both, and in paying for the equipping of such building or buildings and for the improvement of the grounds surrounding such buildings. Such bonds shall be known as "li- brary building bonds," and they shall bear interest at a rate not exceeding four and one-half (4 1-2) per centum per annum, and 27 the interest shall be paid semi-annually. Such bonds shall be sold by the school city issuing them at not below par and shall mature not more than forty (40) years from their date. They may be is- sued all at one time or from time to time, but in no event in an aggregate principal sum of more than five hundred thousand dol- lars ($500,000). No bond issued under the authority of this act shall be delivered until the money therefor shall have been paid to the treasurer of the school city issuing it and interest thereon shall begin to accrue at the time of such delivery. Preparatory to offer- ing any such bonds for sale by any such school city, its board of school commissioners shall give notice for not less than three weeks of the date fixed for the sale and in the notice give a brief description of the bonds and of the mode of bidding, and inviting bids. Such notice shall be by advertisement, one time each week for three successive weeks, in one newspaper published in the city wherein the school corporation is located and in one newspaper published in the city of New York, and by such other method of advertising, if any, as the board of school commissioners may pre- scribe. The said board shall sell the bonds to the highest and best bidder, reserving, however, in its advertisements and notices, the right to reject any and all bids. The proceeds arising from all sales of bonds, made in pursuance of this act, shall be kept in a separate fund and to be known as the "library building fund" and be used only for the purposes, or for some one or more of the purposes, hereinbefore referred to as objects for which such bonds are authorized to be issued. (R. S. 1914, §6548.) This act supersedes the act of 1903, as amended by act of 1907, being sec- tion 6548, R S. 1908. Issue of bonds legalized, Acts 1913, p. 264. Bonds issued by the school corporations of cities of 100,000 are not reck- oned as debts of the civil city in determining the amount of the indebtedness of such city. Campbell v. City of Indianapolis, 155 Ind. 186, 57 N.E. Rep. 920. Cities — Second Class — Public Playgrounds. Section 1. Be it enacted hy the general assembly of the State of Indiana, That the board of school trustees in cities having not less than sixty-three thousand (63,000) nor more than sixty-nine thou- sand (69,000) population according to the last preceding United States census be and the same are hereby authorized to establish maintain and equip public playgrounds in such cities. That the board of park commissioners in such cities, are hereby authorized to, permit the use of any public grounds under their control for 28 • playground purposes, and if in their judgment deemed neces- sary, may acquire and maintain suitable grounds specially for such purposes. (R. S. 1914, §6555 ul.) Under Control School Boards. Sec 2. Such school boards shall have full control and custody of all such playgrounds, including the policing and preservation of order thereof, and may adopt suitable rules, regulations and by- laws for the control thereof, and the conduct of the children and other persons while on or using the same, and may enforce the same by suitable penalties. Such school board shall appoint directors, teachers and assistants, whose duty it shall be to superin- tend and manage said playgrounds, and to preserve order and ob- servance of rules, regulations and by-laws of said school board. The f^ompensation for such employes herein shall be fixed by said school boards. (R. S. 1914, §6555 vl.) Expenses — How Paid. Sec. 3. All the expenses necessarily incurred in carrying out the provisions of this act shall be borne by the civil city. The common council of such city shall annually, beginning in 1913, levy the sum of not less than one cent nor more than two cents on each one hundred dollars $(100.00) of taxables within said city to create the sum to be known as the "Playground Fund," and to be expended by such school board in the carrying out of the provisions of this act. Such funds shall under no circumstances be used for any other purposes, but for the purpose aforesaid and shall be sub- ject to the warrant of the school boards without any further appropriation. The duty of making such levy shall be performed, regardless of any limit now existing by law in the tax levying power of such city. (R. S. 1914, §6555 wl.) Cities — Second Class — Government of Schools. Section 1. Be it enacted by the general assembly of the State of Indiana, That the government of the common schools in cities having a population of more than sixty-three thousand inhabitants and less than sixty-none thousand inhabitants, according to the last preceding United States census, shall be vested in a board of school trustees, which shall consist of three members, elected in the manner hereinafter provided. (R. S. 1914, §6504 n.) 29 School Corporations — Separate from Civil Corporations. Sec. 2. Such cities are hereby declared to be and are made school corporations for school purposes, separate and distinct from the civil corporations of the same cities, and shall be known and designated as the school city of (naming the city) ; and the several boards of school trustees of such cities shall represent and be vested with all the authority and powers of school cities, and with the management and control of the common schools thereof. (R. S. 1914, §6504 o.) General School Laws Applicable. Sec. 3. The general school laws of this state and all laws and parts of laws, applicable to the general system of common schools in cities, and not inconsistent therewith, shall be in full force in such cities; and such boards of school trustees shall also have and exercise all the powers heretofore and hereafter conferred upon the school trustees of the same or other cities of the state. (R. S. 1914, §6504 p.) Qualifications of School Board. Sec. 4. The members of such board of school trustees shall be at least twenty-five years of age, residents of the city, and shall have been such residents of the city for at least three years im- mediately preceding their election. They shall be ineligible to any elective or appointive office under such board of school trustees and under the government of such city while holding membership on said board. They shall not be interested in any contract with, or claim against the school city in which they are elected, either di- rectly or indirectly: Provided, That this act shall not be construed to prevent anyone, otherwise eligible, who is connected as officer or stockholder in financial institutions holding school fund deposits under the state depository law from holding such office as school trustee. If at any time after the election of any member of said board, he shall become interested in any such contract with, or claim against said school city, he shall thereupon be disqualified to continue as a member of said board, and a vacancy shall thereby be created. Every member of said board shall, before assuming the duties of his office, take an oath before some one qualified to administer oaths that he possesses all the qualifications required by this act, that he will honestly and faithfully discharge the duties of his office, that he will not while serving as a member of such 30 board, become interested directly or indirectly, in any contract with, or claim against said school city, and that he will not be in- fluenced during his term of office, by any consideration of politics or religion, or anything except that of merit and fitness in the appointment of officers and the engagement of employes. Each member of such board of school trustees shall receive for his serv- ices herein such compensation as the common council of the city shall fix, which compensation shall be paid out of the special school revenue of the city. (R. S. 1914, §6504q.) How Elected. Sec. 5. The said board of school trustees shall be elected as follows : The common council of each city coming under the pro- visions of this act shall annually hereafter at a regular meeting of such common council in the month of June, elect one school trustee, who shall hold office for a term of three years, from the first day of the next succeeding August. Such trustee together with those whose terms of office have not expired shall meet within five days after the first day of August, 1913, and annually thereafter, and organize by electing one of their number president, one sec- retary, and one treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond to the acceptance of the county auditor, in the sum of fifty thousand dollars, conditioned as an ordinary official bond, with a reliable surety company or at least two sufficient freehold sureties, who shall not be members of such board, as surety or sureties on such bond. The president and secretary shall each give bond, with like surety or sureties, to be approved by the county auditor, in the sum of twenty-five thousand dollars: Provided, That such boards of school trustees may purchase said bonds from some reliable surety company, and pay for them out of the special school revenue of their respectiTe cities. All vacancies that may occur in said board of school trustees shall be filled by the common council at any regular meet- ing, but such election to fill a vacancy shall only be for the unex- pired term : and Provided further, That the present incumbents of the offices of school trustees in any cities coming under the pro- vision of this act shall hold their offices until the expiration of the terms for which they have been elected or appointed. (R. S. 1914, §6504 r.) Applies to Other Cities — When. Sec. 6. Whenever any city which has not the requisite popu- 31 lation to bring it within the provision of this act shall, according to any United States census hereafter taken, have a population of more than sixty-three thousand inhabitants and less than sixty- ~ nine thousand inhabitants, then this act shall in all respects ap- ply to and govern such city from thenceforth. (R. S. 1914, §6504 s.) Pending Litigation — Present Members. Sec. 7. The intendment of this act is and shall be that it shall not effect any impending litigation but the same shall be con- cluded and judgment rendered and enforced as if this act had never been passed and that all school trustees, in cities coming under the provisions of this act, who are now serving unexpired terms in such office, shall fill out such unexpired terms under the provisions of this act the same as if they had been elected to such office under the provisions of this act. (R. S. 1914, §6504 t.) Schools — Cities of Fifth Class — Charge of Public Library. Section 1. Be it enacted by the general assembly of the State of Indiana, That section 1 of an act entitled "An act to amend an act entitled 'An act to establish public libraries in connection with the common schools in all cities of 10,000 or more inhabitants, and to define the duties and powers of boards of school trustees, etc., in relation thereto,' approved March 7, 1881, to extend the provisions of said act to all cities and incorporated towns in the state." That in all the cities and incorporated towns of this state the board of school trustees, board of school commissioners, or what- ever board may be established by law to take charge of the public or common schools of said city or incorporated town, shall have power, if in their discretion they deem it to the public interest, to establish a free public library in connection with the common schools of said city or incorporated town, and to make such rules and regulations for the care and protection and government of such library and for the care of the books provided therefor, and for the taking from and returning to said library of such books as the said board may deem necessary and proper; and to provide penalties for the violation thereof: Provided, That in any city or incorporated town where there is already established a library open to all the people no tax shall be levied for the purpose here- in named: Provided further. That in all cities, having accord- ing to the last preceding United States census no less than four 32 thousand (4,000) nor more than four thousand five hundred(4,500) population, in which there is a pubHc Kbrary open to all the peo- ple already established under the library laws of this state, sup- ported in whole or in part by taxation, such board of school trus- tees, board of school commissioners, or other board established by law to take charge of the public or common schools of said city or incorporated town, shall have the power, by and with the con- sent of the public library board in charge of such library already established, to take over, receive and take full charge of such es- tablished library, together with all the property, whether real, personal or mixed, and support, maintain and operate such library the same as if such library had been originally established by such board, and for the purpose of supporting, maintaining, in- creasing and operating such library, such board shall have the power and authority to receive gifts and donations, and shall have the same power of taxation as vested by law in the public library board from which such library was taken over and received. (R. S. 1914, §6642.) [p. 604, Acts 1915.] Schools — Cities Fifth Class — ^Abandoned School Property — Parks. Section 1. Be it enacted hy the general assembly of the State of Indiana, That in any city of the fifth class within the state in which the school corporations of such cities have heretofore pur- chased in the name of said school corporations real estate to be used for school purposes, and the use of which real estate shall have since been abandoned for school purposes, it shall be lawful for the school trustees of said school corporations to authorize the use of such real estate for park purposes, in the manner and as provided by this act. Permitting Use by City. Sec. 2. No money shall be expended out of the school corp- oration treasury for the maintenance of such abandoned school grounds for park purposes, but the board of school trustees of any school corporation in cities of the fifth class owning such abandoned school grounds may by an order entered of record permit the use of such abandoned school grounds by any city of the fifth class for park purposes, fixing in such order the condi- tions, restrictions and limitations within which such city of the 33 fifth class may take and use such abandoned school grounds for such park purposes. Acceptance by Council — Maintenance. Sec. 3. Any city of the fifth class within this state may by an ordinance of the common council, accept from the school corpora- tion of any such city the use of any real estate, being abandoned school grounds, as hereinbefore provided, or any such city may by ordinance of the common council accept from any person or per- sons for any definite time not less than five years the use of any real estate in such city formerly used for cemetery purposes, hav- ing been abandoned and the bodies having been removed there- from, and any such city is hereby given the right, power and authority through their common councils, to use and maintain and keep in condition any such real estate for park purposes for the use of the general public, in the manner and under the same con- ditions and restrictions and limitations as are now fixed and pro- vided by law for the use and control and maintenance of park properties by such cities, in every way and to the same extent as if the city owned said real estate in its own name and right; and such cities of the fifth class shall have the power and authority to ac- cept by city ordinance such real estate for park purposes under the order of the school trustees of the school corporation, as herein provided, or from such person or persons. Sec. 4. The title to such real estate shall remain in the school corporation, and the use by cities of the fifth class shall continue so long as such cities continue to maintain such real es- tate as a public park. Abandonment for Park Purposes. Sec. 5. If at any time after such real estate has been accepted for park purposes, as aforesaid, such cities shall abandon the use of such real estate for park purposes, it shall be lawful for the school trustees of such school corporation so owning said real estate, to take possession of said real estate, and to sell and con- vey said real estate in the manner now or hereafter provided by law. [p. 73, Acts 1915.] Schools — Trustees Elected — ^Terms. Section 1. Be it enacted hy the general assembly of the State of Indiana, That section one (1) be amended to read as follows: 3—4343 34 Section 1. That the common council of each city and the board of trustees of each incorporated town of this state shall at a regular meeting of such common council or board of trustees, after the in- corporation of such city or town elect three school trustees, who shall hold their offices, one, two and three years, respectively, from and after the first day of the next succeeding August. The term of each of said trustees shall be determined by lot at the time of such election by such common council or board of trustees, and annually thereafter the common councils of each city and the board of trustees of each incorporated town, at their regular meet- ings in the month of June, shall elect one school trustee, who shall hold his office for three years from the first day of the next suc- ceeding August. Such trustees shall constitute the school board of the city or town and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after the first day of August of each year and organize by electing one of their number president, one secretary and one treasurer. The treasurer before entering upon the duties of his office shall execute a bond to the acceptance of the county auditor in a sum equal to the amount of money which may come into his hands at any one time during the year by virtue of his office. The president and secretary shall each give bond to be approved by the county auditor in any sum not less than one-third of the treasurer's bond: Provided, That in case of a newly incorporated city or town such trustees shall meet within five days of their election and organize by elect- ing the officers and giving the bonds as herein provided, which officers and bonds shall be continued until the first day of August next succeeding such organization. All vacancies that may oc- cur in said board of school trustees shall be filled by the common council or board of trustees of the town, but such elation (elec- tion) to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five days after the first day of August of each year reorganize their boards and execute their bonds for the ensuing year. Said trustees shall receive for their services such compensation as the common council of the city or the board of trustees of the town may deem just, which com- pensation shall be paid from the special school revenue of the city or town: Provided further, That the provisions of this act relative to the appo'ntment of school trustees shall not be mandatory upon those incorporated towns wherein the school corporations have been or shall hereafter be abandoned. 35 Schools — Bonds Legalized. Section 1. Be it enacted by the general assembly of the State of Indiana, That all bonds heretofore issued by the order and direc- tion of the board of school trustees or other authorities of any school city or school town of this state under color of any statute of this state, pursuant to the order and direction of the common council or board of trustees of such city or town, for the building of school houses where necessary to build and repair the same for the use of such school city or school town, and such school trus- tees having failed to comply with the laws of the State of Indiana in respect to the proper construction and sanitary conditions of the same, are hereby legalized; and all proceedings or acts of any such board of trustees of such city or town under which said bonds were issued, are hereby fully legalized, and declared valid. Pending Litigation. Sec. 2. Nothing in this act contained shall be so construed as to affect any pending litigation, (p. 264, Acts 1913.) Schools — Cities and Towns — School Buildings — School Trustees May Issue Evidences of Indebtedness. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows, to wit: Section 1. That section 1 of an act en- titled "An act authorizing and empowering boards of trustees of school cities of all cities incorporated under the general laws of this state, and boards of trustees of school towns of incorporated towns, to borrow money and issue their notes or bonds therefor; provid- ing conditions on which such debt may be incurred, and to levy a tax to pay the same, for the purpose of buying grounds and pay- ing for necessary school buildings, or repairs on the same and de- claring an emergency," approved March 9, 1903, be and the same is hereby amended to read as follows : Section 1. That in all cities except cities of the first and second class, of the State of Indiana, which are incorporated under the general laws of the state, and in incorporated towns of this state, the boards of school trustee in such city or incorporated towns are hereby authorized and em- powered to borrow money and to issue their bonds or notes of such school city or school town, such bonds or notes to bear in- terest at a rate not exceeding five per centum per annum, and pay- able at such times within twenty-five (25) years from date as such 36 school board may determine. The money obtained as a loan on such bonds or notes shall be disbursed by order of such board in payment of expenses incurred in buying grounds, building school houses or in making repairs on school buildings heretofore erected for such school city or town, and for no other use or purpose what- soever. Before any such debt is incurred, such school officers shall give notice by publication for three consecutive weeks in some newspaper published in such city or town, and if none be so published, then in some newspaper of general circulation in such city or town, or by posting such notice in five public places in such city or town for three weeks, which notices shall state the aggre- gate debt proposed to be incurred, the location of real estate, if it be proposed to buy real estate; the character and size of the build- ing to be erected, and the nature of the improvement proposed: Provided, That no board of trustees shall create any indebted- ness including all outstanding indebtedness exceeding two per centum of the taxable property of such city or town, as ascertained by the last assessment for state and county taxes previous to the incurring of the said indebtedness: and Provided, further , That said bonds or notes shall not be sold at a less rate than one hundred (100) cents on the dollar. (R. S. 1914, §6572.) Construction of the act of 1909, amending the statutes authorizing school trustees to borrow money and to issue bonds or notes. Monical v. Heise, 49 App. 302; 94 N.E. 232. The act of 1909, Acts 1909, p. 100, amending the statute providing for the contracting of an indebtedness by school corporations of cities, is to be construed in connection with the act of 1879 on the same subject and the notice required to be given by the act of 1909 applies in case an indebted- ness is to be incurred by contract as well as in case of issuance of notes or bonds. Caldwell v. Bauer, 99 N. E. 117. Schools — Cities and Towns — Refunding. Section 1. Be it enacted hy the general assembly of the State of Indiana, That in all cities of the State of Indiana, which are in- corporated under the general laws of the state, and in all incorp- orated towns of this state, when the school city or school town of any such city or incorporated town is indebted at the time of the passage of this act, which indebtedness is evidenced by bonds, notes or other obligations heretofore issued or negotiated by any such school city or school town, for the purpose of funding or re- funding such indebtedness or any part thereof, reducing the rate of interest thereon, extending the time of payment thereof, and cancelling so much thereof as may be due or which shall become • 37 due, the board of school trustees of any school city or school town, in such cities or incorporated towns, are hereby authorized to is- sue the bonds of such school city or school town, with interest coupons attached, for an amount not exceeding in the aggregate the whole amount of the indebtedness of such school city or school town, which bonds may be in any denomination not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars and shall be payable at any place named therein and at a time not later than twenty-five years from the date thereof, bearing interest not exceeding four and two-fifths per cent, per annum, payable an- nually or semi-annually, as such board of school trustees of any such school city or school town may negotiate such bonds at any market or place at not less than par. In the event any city or in- corporated town in this state prior to the taking effect of this act, shall have issued its bonds, notes or other obligations for the pur- pose of procuring funds with which to buy school grounds or erect- ing school buildings, or repairing such school buildings, and the proceeds derived by reason of the sale of such bonds have been used by the school cities or school towns of any such city or incorporated town for the purpose of buying grounds for school purposes, or erecting buildings or making improvements to school buildings, then it shall be lawful for the board of school trustees of any such school city or school town in such cities or incorporated towns and they are hereby authorized to issue and negotiate the bonds of such school city or school town for the purpose of fund- ing or refunding such indebtedness or any part thereof for the same purposes and in the same manner and on like terms and conditions as provided for in this section in other cases: Pro- vided, That this act shall not be construed as authorizing and empowering trustees of such school cities or school towns to issue funding or refunding bonds for any indebtedness than (that) may be created after the taking effect of this act, except as herein por- vided. (R. S. 1914, §6577 a.) Levy — Sinking Fund — Interest. Sec. 2. For the purpose of paying bonds issued as provided in the foregoing section, the board of school trustees of any such school city or school town shall add to the tax duplicates thereof annually, a levy sufficient to pay all yearly interest on said bonds and may provide a sinking fund for the liquidation of the principal thereof when it shall become due, which sinking fund, together 38 with the interest, increase of profit thereon, shall be applied to the payment of said bonds and to no other purpose. (R. S. 1914, §6577 b.) Repeal. Sec. 3. All laws or parts of laws in conflict herewith are here- by repealed. Annexation School Territory — Liability for Debts. Section 1. Be it enacted by the general assembly of the State of Indiana, That section 1 of an act entitled "And act to provide for the reimbursement of school townships where school property belonging thereto has been or shall hereafter be annexed to any city or incorporated town, and declaring an emergency"; approved March 3, 1899, be and the same is hereby amended to read as fol- lows, to wit: Section 1. In all cases where any city or incor- porated town of this state shall hereafter annex any territory, or where any town shall be hereafter incorporated in which terri- tory so annexed or incorporated there shall be the property of any school township used by such school township for school pur- poses, and such school township shall be at the date of such an- nexations, indebted either for the purchase of said school prop- erty, or for buildings constructed thereon, it shall and is hereby made the duty of the school corporation of such city or incorp- orated town to pay such indebtedness, and such school corporation is hereby declared to be and made liable therefor. Until such city or town school corporation shall have paid such indebtedness, it shall not be entitled to a deed therefor, and if such indebtedness is paid by said school township, such school township shall be en- titled to recover the amount so paid from said city school cor- poration with interest at the rate of six per cent, per annum from date of payment, and on payment of such amount the said school corporation shall be entitled to a deed of such property as now by law provided. Whenever any annexation of such property has been made prior to the passage of this act and subsequent to the pass- age of the act of which this is amendatory, then liability on the part of such annexing city or town for any such indebtedness re- maining unpaid at the time of the passage of this act, shall be un- der this act the same as if such annexation had taken place sub- sequent to the passage of this act. (R. S. 1914, §6612.) Before the passage of this act the annexation of territory by a city or town did not render such corporations liable for unpaid purchase-money 39 due on school property. Board v. Center Tp., 143 Ind. 391, 42 N.E. Rep. 808; Maumee Tp. v. School Town, 159 Ind. 423, 65 N. E. Rep. 285. Schools — Old School Buildings — Tearing Down. Section 1. Be it enacted by the general assembly of the State of Indiana, That whenever any city or town having title to real estate by purchase gift or otherwise, for school purposes within such city or town, upon which real estate there is situate a public school building or other buildings, connected therewith, which are in bad repair or otherwise insufficient to meet the necessary re- quirements for the full enjoyment and advancement of proper educational uses and activities, and should it now, or hereafter, be deemed by said board of trustees necessary for said school city or school town to tear down or otherwise remove such school building or buildings connected therewith, and in lieu of the use of them or any one of them construct new public school buildings or other buildings connected therewith, upon the real estate oc- cupied by said old and insufficient school building or other build- ings connected therewith, the trustees of school cities of incorp- orated cities and trustees of school towns of incorporated towns of the State of Indiana, are hereby authorized and empowered to tear down or otherwise remove any such old and insufficient school building or other buildings ^connected therewith, for the purpose of erecting upon said real estate a new school building, or other buildings connected therewith in lieu of those removed or torn down. (R. S. 1914, §6563 a.) Sale of Old Buildings— Use of Old Material. Sec. 2. Boards of trustees of school cities and boards of trustees of school towns are hereby authorized, should said board of trustees deem it most advantageous to said school city or school town to do so, to sell at private sale said old and insufficient school building or other buildings connected therewith in all cases where it is necessary in order to meet the requirements for the enjoyment and advancement of proper educational uses and activities, to erect new school buildings, or other buildings connected therewith upon the real estate occupied by said old and insufficient school building or buildings. Before the sale of any such building or buildings shall be authorized, however, said board of school trustees shall cause said .building or buildings to be appraised at a fair cash value by two reputable resident householders and free- holders of the school city or school town offering said building 40 or buildings for sale, and said appraisement shall be made under oath and spread of record upon the records of said board of trus- tees, and no sale shall be made for less than the appraised value, and for cash, and the same shall be applied to the payment of the cost of the new building or buildings proposed to be constructed. The board of trustees as aforesaid, shall also cause a notice to be given reciting therein the terms, time and place of sale, and a gen- eral description of the building or buildings to be sold by publish- ing the same once each week for a period of two consecutive weeks in some newspaper of general circulation printed and published in the city or town where said building or buildings are for sale, if no such newspaper be published in said city or town, then by publishing said notice for a like period of time in any newspaper of general circulation printed and published in the county where said building or buildings are for sale. If no newspaper be printed or published in the county then by publishing said notice for a like ' period of time in any newspaper, if any, circulating in said city or town, and in addition thereto by posting a written or printed notice in five different public locations in said city or town where said building or buildings are for sale: Provided, however, The board of trustees of school cities and boards of trustees of school towns may, if they deem it most advantageous to said school city or school town to do so, incorporate all or any part of the ma- terial constituting said old or insufficient school building con- nected therewith as a part of the plans and specifications used or to be used by said board of trustees in the construction of said new school building or other building connected therewith, and the value of said old material so incorporated as aforeasid, shall be taken into consideration and finally determined in the sub- mission of bids for the construction of said new school building or other buildings connected therewith, by the person or persons, firms or corporations making sealed proposals for the construction of said building or buildings, as aforesaid, and all of said sealed proposals shall be based upon the quantum of material constituting said old building or buildings incorporated as aforesaid, in the. plans and specifications ultimately adopted by said board of trustees for the construction of said new building or buildings; and the notice given to all contractors for sealed proposals for con- struction, and the award of the contract thereto, and the contract entered into by and between the successful bidder or bidders and said board of trustees for the construction of said new school building or other buildings connected therewith shall so provide: 41 And, Provided, further, Said board of trustees of such school cities and school towns shall also be empowered in cases of repairing and remodeling old and insufficient school buildings or other buildings connected therewith to also incorporate the old ma- terial, in whole or in part, constituting said building or buildings in the specifications for the repairment or remodeling of such build- ing or buildings as hereinbefore provided; or should it be deemed more advantageous to said school city or school town, said board of trustees in cases of repairment or remodeling as aforesaid, may sell said old material, in whole or in part, which sale shall be gov- erned by the provisions of this act as hereinbefore provided. (R. S. 1914, §6563 b.) Schools — Towns — Election of School Trustee. Section 1. Be it enacted by the general assembly of the State of Indiana, That in the election of school trustees in incorporated towns, the board of trustees of incorporated towns, shall vote by ballot and such voting shall continue until some competent person receives a majority of all votes cast or until such meeting ad- journs or the voting ceases by a majority vote of the members of the board of town trustees. Should an election fail to occur at any one regular meeting, then at the next regular meeting, the board of trustees shall again proceed to the election of a school trustee or trustees, in like manner and under the same conditions and should no election occur at such meeting, then the board of trus- tees may determine then and there whether to take further votes at some later meeting and so on from one regular meeting to an- other until an election occurs or until such board of trustees shall determine by a majority vote to cease trying to elect; and, no person be permitted to vote except they be a qualified member of said body and the clerk of the board of trustees shall preside at such election but shall have no vote. In all cases where no elec- tion takes place, the present incumbent shall continue to serve un- til an election does occur and until his successor shall be elected and qualifies and all official acts of any member so holding over and the official acts of any such board during such time, will be valid as though an election should have taken place: Provided, That this act shall not change the time of election of school trustees or the terms of present incumbents except in cases where no successor is elected as herein provided; nor shall it affect cities that have by special act, a different mode of election pre- scribed by law. (R. S. 1914, §6478 a.) 42 Supplementary Act. Sec 2. This act is supplementary in its nature and repeals only such laws as may be in conflict therewith. Schools — Trustees Abolished — School Corporation Dis- solved. Section 1. Be it enacted hy the general assembly of the State of Indiana, That section one of the above entitled act be amended to read as follows : Section 1 . That any incorporated town in the state, that has no school indebtedness, the inhabitatnts of which do not exceed two thousand (2000) as shown by the last preced- ing general census, may, through its town board of trustees, abandon and discontinue its management and control of public schools within such incorporated town, and abolish the board of school trustees therein. Whenever a town so discontinuing its board of school trustees shall desire to again take control of its school affairs the town board may on petition signed by a ma- jority of the resident freeholders, pass an ordinance to that effect and appoint a board of school trustees : Provided, That whenever a town passes such ordinance to again take control of its school affairs as herein above provided, it shall be the duty of the coun- ty assessor, county auditor and county superintendent of schools, to act as an appraising board to determine what if any equitable right the township has in the school property thus taken over and to determine the extent to which such town is indebted to the township, and the board of town trustees shall pay over to the township such amount as has been so determined; before said town shall be permitted to take over the schools: Provided, further, That such school property shall not be appraised and taken over by the town as above provided unless a majority of the resi- dent freeholders in the township residing outside of said town, consent to such transfer : Provided, further. That no town board shall dissolve the school corporation except by consent of a ma- jority of the freeholders therein, (p. 199, Acts 1915.) Conveyance of Property to Township. Sec. 2. The town board of trustees of any such incorporated town, upon deciding to abandon and discontinue the control of the public schools therein, shall make or cause to be made a good and sufficient deed, conveying all real estate belonging to such school town to the township trustee of the township in which such in- 43 corporated town is located; and shall transfer all the personal property and fixtures belonging to such school town to such town- ship trustee, all of which shall be accepted and held by such town- ship trustee for the use and purposes of the school township where- in such town is located:* Provided, That when any such incor- porated town shall be located in two or more contiguous coun- ties, the children of school age who are residents of such incor- porated town shall be entitled to the same school privileges in such incorporated town as the children of school age who are resi- dents, exclusively of the township which has assumed ownership and control of such school and school property. And all school revenue which is paid or which may hereafter be paid by that por- tion of such incorporated town lying outside of the township which has assumed control and ownership of such school and school property, shall be paid to the township trustee of the township wherein such school is located, in the same way and manner as such revenues were paid to the school trustees of such incorporated town before such town relinquished control and possession j^of such school and school property. (R. S. 1914, §6480 a.) Township Control. Sec. 3. After the requirements set forth in the preceding sec- tion are complied with, the township trustee shall have full and complete control of all the schools within such town and shall conduct the same as provided for by law for the other schools of such township. And all children of school age residing outside of the township in which such school and school property is situated but within the limits of any such incorporated town, as herein provided, shall possess all the rights and privileges to at- tend the school or schools located within such incorporated town, the same as though they lived in the township wherein such school or school property is located. (R. S. 1914, §6480 b.) Repeal. Sec. 4. That an act entitled ''An act permitting incorporated towns not exceeding fifteen hundred inhabitants to discontinue school boards, and provisions made for transfer of school prop- erty to township trustees," approved March 3, 1899, and an act entitled ''An act to amend section one and the title of an act en- titled 'An act permitting incorporated towns not exceeding fif- teen hundred inhabitants to discontinue school boards and pro- 44 visions made for transfer of school property to township trus- tees,' " approved March 3, 1899, approved March 4, 1911, be and the same are hereby repealed. Towns coming within the provisions of this section cannot abandon con- trol of schools and abolish the board of school trustees if the town is liable for damages on account of contracts made by the school trustees. Horn- beck V. State, 33 App. 609, 71 N.E. Rep. 916. [p. 109, Acts 1915.] Preamble. Whereas, On the 2nd day of July, 1910, the county auditor of Floyd county, Indiana, in making settlement with the trus- tees of the school city of New Albany, overpaid said trustees the sum of $2,536.97, on account of the library fund for the main- tenance of the public library, in said city, and Whereas, Before said mistake was discovered said trustees had expended said sum in the improvement of said public library, and Whereas, Afterward said mistake was for the first time dis- covered by the state board of accounts in its examination of the books of the auditor of said county, and Whereas, At no time since said mistake was discovered has said board of trustees of said school city been able to repay the amount of said over-payment out of such library fund without crippling such library, and Whereas, On the advice of said state board of accounts said trustees of said school city of New Albany, on the 6th day of February, 1915, repaid said over-payment out of the special school fund of said city, and Whereas, Some doubt has arisen as to the legality of such re- payment, now, therefore: New Albany — Sehool City — Acts Legalized. Section 1. Be it enacted by the general assembly of the State of Indiana, That the action of the trustees of the sehool city of New Albany in repaying on February 6, 1915, to Floyd county, In- diana, out of the special school fund of said city the sum of $2,536.97, erroneously paid to said trustees on account of the library fund, be and the same is hereby legaized: Provided, That nothing in this act shall affect pending litigation. 45 Preamble. Whereas, The board of school trustees of the school town of French Lick, Indiana, did on the 19th day of August, 1912, enter into a certain contract with one, William H. Lutes, for the erection of a heating plant in connection with the public school buildings in said town and for the construction of sewers, closets and making repairs on said buildings, which contract was made pursuant to a certain resolution of said board, enacted for the purpose; and Whereas, Pursuant to said contract said work so contracted was done and turned over to and accepted by said school town, and said town has ever since had the use and benefit of said improve- ments; and Whereas, Said school trustees, pursuant to a resolution of the board of trustees of said town of French Lick, issued bonds of said school town in the sum of four thousand dollars ($4,000.00) for the purpose of raising revenue sufficient to pay for said im- provements; and Whereas, Said bonds were duly advertised and offered for sale by said board of school trustees on the 12th day of October, 1912, and were duly sold to said contractor on said day; and Whereas, Some questions have arisen as to the regularity and validity of said proceedings for said improvements, and of the contract made and bonds issued and sold thereunder; Therefore, For the purpose of removing such doubts as to the validity and regularity of said proceedings, including said con- tract and said bonds: French Lick — Acts of School Board Legalized. Section 1. Be it enacted by the general assembly of the State of Indiana, That all proceedings had and done by the board of school trustees of the school town of French Lick, Indiana, dur- ing the year 1912, of and concerning the construction of a heat- ing plant in connection with the public school buildings of said town and making other additions and improvements thereto, in- cluding a certain contract for said improvements as entered into for the purpose, on the 19th day of August, 1912, including the bonds issued by said board on the 15th day of October, 1912, for the payment of said improvements, and all and singular the or- ders made, steps taken and things done by said board and others in pursuance of and subsequent to the resolution passed by said 46 board of school trustees authorizing said improvements, or in connection therewith, including the acceptance of said improve- ments and the sale of said bonds, are hereby legalized and de- clared valid : Provided, That nothing in this act shall in any way affect any suit now pending in any court of the State of Indiana, touching any of the matters included herein. (Acts of 1913, p. 755.) [p. 602, Acts 1915.] Preamble. Whereas, The board of school trustees of the school town of Swayzee, Indiana, did on the 6th day of July, 1914, enter into a certain contract with one Rufus Banner, for the erection and con- struction of an addition to the public school building of said town and for making repairs on said building, which contract was made pursuant to a certain resolution of said board, enacted for the purpose; and Whereas, Pursuant to said contract said work so contracted was done and turned over to and accepted by said school town, and said town has ever since had the use and benefit of said im- provements; and Whereas, Said school trustees, pursuant to a resolution of the board of trustees of said town of Swayzee, issued bonds of said school town in the sum of fifty-two hundred dollars ($5,200.00) for the purpose of raising revenue sufficient to pay for said im- provements; and Whereas, Said bonds were duly advertised and offered for sale by said board of school trustees on the 29th day of May, 1914, and were duly sold to the First National Bank of said town of Swayzee; and Whereas, Some questions have arisen as to the regularity and validity of said proceedings for said improvements, and of the contract made and bonds issued and sold thereunder; Therefore, For the purpose of removing such doubts as to the validity and regularity of said proceedings, including said con- tract and of the sale of said bonds; Town of Swayzee — Acts of School Board Legalized. Section 1. Be it enacted by the general assembly of the State of Indiana, That all proceedings had and done by the board of school trustees of the school town of Swayzee, Indiana, during the year 1914, of and concerning the construction and completion of an ad- 47 dition to the public school building of said town, including a cer- tain contract for said improvements as entered into for the pur- pose, on the 6th day of July, 1914, including the bonds issued by said board on the 2d day of May, 1914, for the payment of said improvements, and all and singular the orders made, steps taken and things done by said board and others in pursuance of and sub- sequent to the resolution passed by said board of school trus- tees authorizing said improvements, or in connection therewith, including the acceptance of said improvements and the sale of said bonds, are hereby legalized and declared valid in all things: Provided, That nothing in this act shall in any way affect any suit now pending in any court of the State of Indiana, touching any of the matters included herein. [p. 35, Acts 1915.] Schools — Transfer of Pupils — Tuition. Section 1. Be it enacted by the general assembly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows: Section 1. That section 2 of the above en- titled act be amended to read as follows: Section 2. If such transfer is granted, the school trustee or board of school trustees, or commissioners of the school corporation in which such child resides, shall pay out of the special school fund, or out of the town- ship fund or out of the tuition fund at his discretion, to the school trustee, board of school trustees or commissioners of the school corporation to which such child is transferred, as tuition for such child, an amount equal to the annual per capita cost of education in the corporation to which said child is transferred; or such a part of it as the term of enrollment of said child in the schools of the creditor corporation may require: Provided, That the per capita cost in high schools shall be calculated upon the basis of expenditures for high school purposes, and the per capita cost in grade schools shall be calculated upon the basis of expendi- ture for the schools below the high school: Provided, That in case the corporation transferring said child maintains a school, or schools, of like grade to which said child is transferred, the rate of tuition shall in no case exceed the per capita cost in said school, or schools, maintained by the corporation which transfers such child. In calculating the per capita cost, only expenditures for the current year, not including permanent improvements and additions, shall be counted and shall be based on the following 48 items: Salaries of instructors, supervisors and superintendent, salary of janitor, fuel and light, printing and laboratory supplies. Note: The above repeals section 2 of the law of 1901, as amended Acts of 1909, page 322, same being section 6450 Burns' R. S. 1914. Schools — Transportation of Pupils — Payment of Expense. Section 1. Be it enacted by the general assembly of the State of Indiana, That section two (2) of the above entitled act be amended to read as follows : Section 2. It shall be the duty of the township trustee to provide for the education of such pupils as are affected by such or any former discontinuance in other schools, and they shall provide and maintain means of transportation for all such pupils that live at a greater distance than two (2) miles and for all pupils between the ages of six (6) and twelve (12) that live less than two (2) miles and more than one (1) mile from the schools to which they may be transferred, either within the town- ship or in an adjoining township or school corporation, as a re- sult of such discontinuance. In all townships where a school has been abandoned under the provisions of this act, the trustee shall provide for the transportation of all pupils of any other school of such township who live more than two (2) miles and all pupils between the ages of six (6) and twelve (12) that live more than one (1) mile from the school to which they are attached, whenever a majority of the patrons of such school petition the trustee to pro- vide such transportation. Such transportation shall be in com- fortable and safe conveyances. The drivers of such conveyances shall furnish the teams therefor, and shall use every care for the safety of the children under their charge, and shall maintain dis- cipline in such conveyances. Restrictions as to the use of public highways shall not apply to such conveyances. The expenses necessitated by the carrying into effect of the provisions of this act shall be paid from the special school fund. (R. S. 1914, §6423.) Prior to the adoption of this act, school officers were not required to fur- nish free transportation to pupils to and from public schools. State v. Jack- son, 168 Ind. 384, 81 N.E. Rep. 62; Nelson v. State, 168 Ind. 491, 81 N.E. Rep. 486. In a proceeding to compel a township trustee to furnish free transporta- tion to pupils to and from schools, it must be shown that he has funds that may be used for such purpose. State v. Anderson, 170 Ind. 540, 85 N.E. Rep. 17; Dunten v. State, 172 Ind. 59, 87 N. E. Rep. 733; Waters v. State, 172 Ind. 251, 88 N. E. Rep. 67. In proceedings to compel trustees to furnish transportation for pupils to and from schools, it. must be shown that trustees have sufficient money in 49 their hands to furnish such transportation to all pupils entitled to the same. Waters v. State, 172 Ind. 251, 88 N. E. Rep. 67. Vehicles need not go the the home of each pupil, but pupils may be required to travel a reasonable distance to meet a vehicle. Lyle v. State, 172 Ind. 502, 88 N. E. Rep. 850. Notice need not be given to the letting of contracts for the hauling of pupils to schools, nor is it necessary for the advisory board to act with the township trustee in the making of such contracts. Patterson v. Middle Tp., 98 N. E. Rep. 440. Schools — Sanitary Buildings. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. That section one (1) of the above entitled act be amended to read as follows: Section 1. That after the going into effect of this act all schoolhouses which shall be constructed or remodeled shall be constructed in accordance and conform to the following sanitary principles, to wit: (a) Sites. All sites shall be dry, and such drainage as may be necessary to secure and maintain dry grounds and dry buildings, shall be selected and supplied. Said site and said buildings or any additions to present buildings, shall not be nearer than five hun- dred (500) feet to any stream or interurban railroad, or livery stable, except in the case of vocational schools, and except in cases where the limitation shall be waived on approval of the sup- erintendent of public instruction and secretary of the state board or nearer than five hundred (500) feet to any horse, mule or cattle barn used for breeding purposes; or any noise-making industry or any unhealthful conditions. And when such school building or school site is so located and established no livery stable, horse, mule or cattle barn used for breeding purposes, or any noise-mak- ing industry or any unhealthful conditions shall thereafter be constructed, erected or maintained within five hundred (500) feet of any school building, school site or school grounds. Good dry walks shall lead from the street or road to every schoolhouse and to all outhouses, and suitable playgrounds shall be provided. (b) Buildings. School buildings if of brick shall have a stone foundation, or the foundation may be of brick or concrete: Provided, A layer of slate, stone or other impervious material be interposed above the ground line, or the foundation may be of vitrified brick and the layer of impervious material will not be re- quired. Every two-story schoolhouse shall have a dry, well- lighted basement under the entire building, said basement to have 4—4343 50 cement or concrete floor, and ceiling to be not less than ten (10) feet above the floor level. The ground floor of all schoolhouses shall be raised at least three (3) feet above the ground level and have, when possible, dry well-lighted basement under the entire building and shall have solid foundation of brick, tile, stone or con- crete, and the area between the ground and the floor shall be thoroughly ventilated. Each pupil shall be provided with not less than 225 cubic feet of space, and the interior walls and the ceil- ing shall be either painted or tinted some neutral color, as gray, slate, buff or green, (c) Lighting and Seating. All schoolrooms where pupils are seated for study shall be lighted from one side only, and the glass area shall be not less than one-sixth of the floor area, and the win- dows shall extend from not less than four (4) feet from the floor to at least one foot from the ceiling, all windows to be provided with roller or adjustable shades of neutral color, as blue, gray, slate, buff or green. Desk and desk seats shall preferably be ad- justable and at least twenty per cent (20%) of all desks and desk seats in each room shall be adjustable and shall be so placed that the light shall fall over the left shoulders of the pupils. For left- handed pupils desks and seats may be placed so as to permit the light to fall over the right shoulder. (d) Blackboards and Cloakrooms. Blackboards shall be preferably of slate, but of whatever material, the color shall be a dead black. Cloakrooms, well lighted, warmed and ventilated, or sanitary lockers, shall be provided for each study schoolroom. (e) Water Supply and Drinking Arrangements. All school- houses shall be supplied with pure drinking water, and the water supply shall be from driven wells or other sources approved by the health authorities. Only smooth, stout glass or enameled metal drinking cups shall be used; water buckets and tin drinking cups shall be unlawful and are forbidden; and whenever it is practi- cable, flowing sanitary drinking fountains which do not require drinking cups shall be provided. All schoolhouse wells and pumps shall be supplied with troughs or drains to take away waste water, and under no conditions, shall pools or sodden places or small or large mudholes be allowed to exist near a well. When water is not supplied at pumps or from water faucets or sanitary drinking fountains then covered tanks or coolers supplied with spring or self-closing faucets shall be provided. (f) Heating and Ventilation. All schoolhouses hereafter constructed or remodeled, shall be supplied with heating and 51 ventilating systems. Fresh air shall be taken from outside the building and properly diffused without draughts, through each school room during school session. Each school room shall be supplied with foul air flues of ample size to withdraw the foul air therefrom at a minimum rate of eighteen hundred (1,800) cubic feet per hour for each two hundred and twenty-five (225) cubic feet of said school room space, regardless of outside atmospheric conditions; and heaters of all kinds shall be capable of maintain- ing a temperature of seventy (70) degrees Fahrenheit in all school rooms, halls, office rooms, laboratories and manual training rooms, in all kinds of weather, and maintaining in each school room a relative humidity of not less than forty per cent : Provided, That when artificial ventilation, by use of fan or blower, is adopted the provision as to entrance of fresh air shall be from outside of the building. It is hereby made lawful for any township trustee, board of school trustees and boards of school commissioners to establish and maintain open air schools, and when such open air schools are established the provisions of this act governing heating and ven- tilation shall not apply to such open air school rooms. (g) Water-Closets and Outhouses. Water-closets, or dry closets when provided, shall be efficient and sanitary in every particular and furnished with stalls for each hopper or place; and when said water or dry closets are not provided, then sanitary out- houses, well separated for the sexes, shall be provided. Good dry walks shall lead to all outhouses and screens or shields be built in front of them. Outhouses for males shall have urinals arranged with stalls and with conduits of galvanized iron, vitrified drain pipe, or other impervious material, draining into a sewer vault or other suitable place approved by the health authorities. Any agent, person, firm, or corporation, selling, trading or giv- ing to any township trustee, school trustee or board of school com- missioners, any materials, supplies, sanitary apparatus or systems, which when constructed or remodeled or installed, in or for any schoolhouse, hereafter constructed or remodeled, which does not in all respects comply with the provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not more than five hundred dollars ($500.00) to which may be added imprisonment in the county jail for any de- terminate period not more than six (6) months and shall be pun- ished by a further fine of not less than five dollars (S5.00) for each day he shall fail to comply with any order of any court hav- 52 ing jurisdiction for the correction of any such defects in such schoolhouses hereafter constructed or remodeled; and any money claim for the construction or remodeling, or for any materials, sup- plies, sanitary apparatus or systems furnished or constructed in or for any schoolhouse hereafter constructed or remodeled, which does not in every way and in all respects comply with the require- ments of this act, shall be null and void. (p. 94, Acts 1915.) The act of 1911, prohibiting the erection of schoolhouses nearer than 500 feet of a steam raih'oad, applies only to sites that are acquired after the tak- ing effect of the act. School Corporation v. Heiney, 178 Ind. 1, 98 N. E. Rep. 628. Temperature^^Uncleanliness — Teachers — Penalties. 2. Whenever, from any cause, the temperature of a school room falls to 60 degrees Fahrenheit or below, without the im- mediate prospect of the proper temperature, namely, not less than 70 degrees Fahrenheit, being attained, the teacher shall dismiss the school until the fault is corrected ; and it shall also be the duty of all teachers to immediately send home any pupil who is perceptibly ill in any way, or who is unclean and emits offensive bodily odors or who is infested with lice or other vermin; and the truant officer shall arrest and prosecute parent or guardians who do not rid their children of vermin and bodily uncleanliness, when notified to do so. Refusal of parents or guardians to free their children or wards of vermin or to bathe and cleanse them, making them fit to go to school, shall be punished by a fine of not less than five dollars and imprisonment for ten days or both. And if the re- fusal or neglect of parents or guardians to bathe and cleanse their children or wards makes it necessary, then the truant officer, up- on order of the school authorities, shall have it done, the cost to be paid by the school authorities from the school funds. When- ever diphtheria, scarlet fever or other contagious and infectious diseases break out in any school, it shall be the duty of the town- ship trustee, school board, school trustee or the school authority or authorities having control, to have medical inspection made of the pupils, and all found in any degree ill, shall be sent home and there retained until the local health officer gives a certificate of health, then such child may be again admitted to school. It shall be unlawful for school authorities to employ teachers or janitors who are not able-bodied or who are addicted to drugs or intemperate or who has tuberculosis or syphilis. All school houses shall be specially cleaned and disinfected each year, before they are 53 used for school purposes. The cleaning shall consist in first sweep- ing, then scrubbing the floors, washing the windows and all wood- work, including the wooden parts of seats and desks, and the disinfecting shall be done in accordance with the rules of the state board of health. Township trustees, school boards and boards of school commissioners who neglect or refuse to obey the provisions of this section, shall be fined in any sum of not less than ten nor more than one hundred dollars, and each said refusal or neglect shall constitute a separate offense. (R. S. 1914, §6616 b.) Hygiene and Sanitary Science — Printed Data. 3. There shall be taught in each year in the fifth grade of every public school in Indiana, the primary principles of hygiene and sanitary science, and especially shall instruction be imparted con-" cerning the principal modes by which each of the dangerous, com- municable diseases are spread, and the best sanitary methods for the restriction and prevention of each such disease. Hygiene may also be taught in other grades at the will of school authorities. The state health commissioner and the state superintendent of public instruction shall jointly write, compile or originate printed data in leaflet form, setting forth as plainly as possible, the primary principles of hygiene and sanitary science, and informa- tion concerning the prevention of diseases, and supply the same to all county superintendents, and said superintendents shall sup- ply all the schools in their respective counties and see to it that teachers do not fail to comply with this section: Provided, That for all cities and towns having school superintendents, the said leaflets and pamphlets shall be sent direct to such superintend- ents, who shall see to it that teachers comply with this section. The state printing board shall publish from its funds all health leaflets or pamphlets as are herein provided for, and shall also pay the cost of distribution of the same to the county, city or town superintendents, from the state printing funds. (R. S. 1914, §6616 c.) Schools— School Officers — Powers. 4. For the purpose of enforcing this act and making it prac- tical, township trustees, boards of school trustees and boards of school commissioners shall have the power, and it is herewith made lawful for said trustees and said boards to make a levy not to ex- 54 ceed fifteen cents (15 cents) on each one hundred dollars ($100), the sum thus raised to be added to the special school fund, but to be used only for building and furnishing of schoolhouses. This levy shall not be made unless plainly necessary. (R. S. 1914, §6616 d.) Penalty as to Officers. 5. Any township trustee or the members of any board of school trustees or any teacher or any person who violates any pro- vision of this act, except as herewith or otherwise provided, shall upon conviction, be fined not less than $50.00. (R. S. 1914, §6616 e.) Schools — Buildings Used for Public Gatherings. Section 1. Be it enacted hy the general assembly of the State of Indiana, That upon application of not less than one-half of the voters residing within two (2) miles of any school house or other public buildings or grounds, which are capable of being more wide- ly used as public meeting places for -non-partisan gatherings of citizens, for the presentation and discussion of public questions or for other civic, social or recreational activities, the township trustee or other authorities having charge of such school houses, public buildings or grounds shall allow the use of such buildings or grounds for the open presentation and free discussion of public questions, and may allow the use of such buildings or grounds for such other civic, social and recreational activities as in the opinion of the controlling board do not interfere with the prime purpose of the building or grounds. (R. S. 1914, §6614 b.) Buildings to be Lighted and Heated. Sec. 2. Where the citizens of any community are organized into a nonpartisan, nonsectarian, nonexclusive association for the presentation and discussion of public questions, the school board or other body having charge of the schoolhouses or other public properties which are capable of being used as meeting places for such organization, when not being used for their prime purpose, shall provide, free of charge, light, heat and janitor service, where necessary, and shall make such other provisions as may be necessary for the free and convenient use of such building or grounds, by such organization for weekly, bi-weekly or monthly gatherings at such times as the citizens' organizations shall request or designate. (R. S. 1914, §6614 c.) 55 Control of School Board. Sec. 3. The school board or other board having charge of the school houses or other public properties, may provide for the free and gratuitous use of the school houses or other public properties under their charge for such other civic, social and recreational ac- tivities, as in their opinion do not interfere with the prime use of the buildrngs or properties. (R. S. 1914, §6614 d.) Responsibility for Damages. Sec. 4. The person or persons making application for the use of a school house or other public property for public meetings, shall be responsible for all damage to the property occurring at such meetings, ordinary wear and tear excepted, and upon failure of the responsible person or persons to respond in damages for any such injury to the property, the school board or other board in charge of the school house or other public property, may refuse all future applications for the wider use of the property until such injury is repaired, without expense to the board in charge of the property. (R. S. 1914, §6614 e.) Repeal. Sec. 5. All acts and parts of acts conflicting with any pro- visions of this act are repealed in so far as they are inconsistent therewith. Schools — Buildings and Grounds for High Schools — County Commissioners Authorized to Accept. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one of an act entitled an act to amend the first section of an act to enable counties to receive donations of buildings and grounds for high school purposes and to provide for the maintenance of the same and to declare an emergency ap- proved February 17, 1905, be and the same is hereby amended to read as follows: Section 1. That whenever any person or persons shall donate to any county of the state, any building, or buildings, together with the necessary grounds, of the value of not less than $10,000, in counties having a population of less than twenty-five thousand (25,000) and of the value of twenty thousand ($20,000) dollars in counties having a population in excess of twenty- five thousand (25,000) for the purpose of maintaining a county high school or county agricultural school therein, it shall be the 56 duty of the board of county commissioners of such county to ac- cept such donation for the purpose herein named. (R. S. 1914, §6868.) Township high schools, sections 6584a-6584c. Aiding colleges and high schools by donations and appropriations, sec- tions 6826-6843. Schools — City and Township — Joint Graded School. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. That whenever twenty-five (25) legal voters residing in any incorporated town or city of the fifth class and twenty-five (25) legal voters residing in the same town- ship, but outside said town or said city shall petition the school board of said town or said city and the township trustee of the township in which said town or said city is located to erect a joint school house for a joint graded school, or a joint high school, or both, or such modification thereof as may be practicable, it shall be the duty of the school trustee of said town or said city and of said township trustee or a majority of them to call elections of the voters of the town or city and the voters of the townships resid- ing outside of such town or city respectively, for the purpose of determining whether a majority of the legal voters of each school corporation are in favor of building said joint school house. Such elections of the legal voters of the townships outside of the town or city shall be separate and independent. Said trustees shall, upon the filing of said petitions, give notice by publication, for three successive publications, in a weekly newspaper, if any, published in said township, and if no weekly is published in said township, then in the nearest newspaper published in said county, that on a day to be named by said trustee the polls will open at the several voting places in said township named in the petition for the pur- pose of taking the vote of the legal voters thereof upon whether such joint school house shall be built; said elections shall be held not less than ten (10) days nor more than twenty (20) days after the last publication of said notice. (R. S. 1914, §6622 a.) Ballots — Election Method. 2. On the day named in said notice such polls shall be opened and the votes of the legal voters shall be taken upon the question of building such school house, and said election shall be governed by 57 the general laws of the state, so far as they may be applicable, except as otherwise provided herein. Said trustees shall constitute the board of election commissioners and they shall cause to be prepared and distributed proper ballots. There shall be printed on the ballots two squares and words as follows: YES NO For building the school house. For [Against] building the school house. Each voter desiring to vote for the building of such joint school house shall make a cross with a pencil in the square containing the word "yss," and each voter desiring to vote against the building of such joint school house shall make a cross in the square con- taining the word "no." Said trustees shall appoint inspectors, judges, and clerks for such elections. The votes cast at such elec- tions shall be canvassed at the office of the township trustee on the day following said election at 10 o'clock a. m., and a certificate of the votes cast for and against the building of said school house shall be filed with said trustees. If a majority of the votes cast at each of such elections are in favor of the building of such joint school house, said trustees of said school corporations shall proceed to build the same, and the township advisory board shall make the proper appropriation for the proportionate part of the cost of said building to be paid by said township. Said trustees shall provide a suitable site for said building. (R. S. 1914, §6622 b.) Cost of Construction — Tax Levy — Bonds Issued. 3. The cost of the construction of such joint school house shall be borne by such school corporation in proportion to the total amount of taxable property in each of such school corporation. If such school town or school city shall not have money avail- able to pay for its proportionate part of the cost of the construc- tion of said joint school house, the school trustee of such town or such city may issue warrants or bonds of such corporation to meet such proportionate cost. If there are not sufficient funds avail- able out of the annual township levy to meet the proportionate cost of said school house to be paid by such township, then the township advisory board of s/uch township shall order bonds or warrants to be issued, and the township trustee shall issue town- ship warrants or bonds to meet such proportionate cost to be paid 58 by such school township. Such bonds authorized by this act shall be payable in such amounts and at such times as the trustees of said corporations respectively may determine and shall bear such rate of interest as may be determined, not exceeding four and one- half (4|) per cent. (R. S. 1914, §6622 c.) . Joint Ownership of Property. 4. Any school house constructed under the provisions of this act shall be joint property of said corporations, and such property shall be owned by such corporations in proportion to the amount paid by each for the construction of the same, and said school shall be open to all pupils residing in said town or city or township free of tuition. The trustee of said school corporations shall have the control and management of said school house and school and the right to employ teachers in such school. Neither of said corpora- tions shall ever be deprived of its ownership in said building ex- cept upon full compensation for its proportionate interest in the same. (R. S. 1914, §6622 d.) [p. 158, Acts 1915.] Schools — Joint High Schools — Control. Section 1. That section three (3) of the above entitled act be amended to read as follows: Section 3. The school officials of any such township, townships and incorporated towns may auth- orize and enter into contract with the school commissioners or board of school trustees of any such city or incorporated town to provide such high school accommodations for a part or all of their respective townships or town corporations by the purchase of grounds, erection of a building or buildings or by making repairs of present building or addition thereto, and by equipping the same in accordance with existing laws governing cities and towns in such procedure including the issuing of notes or bonds of their respec- tive corporation and the payment of the same: Provided, That the officials of the several school corporations composing such high school district may by contract provide for a board of con- trol for such high school or schools consisting of the township trustee of each township and the president of the board of school commissioners or school trustees of each city or town included in such high school district which board of control shall have full control and management of such school or schools as may be es- tablished or maintained by such high school district each mem- 59 ber being entitled to an equal vote in such control and management ; and Provided, That the provision for such board of control shall not be effective in any high school district established by virtue of this law, except in such high school districts as shall contract for such board of control as herein provided. [p. 580, Acts 1915.] Schools — Joint Township High Schools. Section 1. Be it enacted by the general assembly of the State of Indiana, That in two adjoining townships, in any county in this state, having a joint assessed valuation of more than seven hun- dred and fifty thousand dollars ($750,000.00) of taxable property, and wherein there is not now established, in either of said ad- joining townships, or in any town or city in either of said adjoin- ing townships, a separate high school, and in which there is not now established a joint high school for the use of said ad- joining townships, and wherein, for each of the two years last past, there have been eight or more graduates of the township elementary schools residing in each of said adjoining townships, the township trustees of said adjoining townships, whenever at least one-third or more of the parents, guardians, head of families, or persons, having charge of children, who were enumerated for school purposes in said township, at the last preceding enumera- tion, petition the trustees of said adjoining townships, to estab- lish, erect and maintain, a joint high school building and high school, at some point within said adjoining townships, to be set out and designated in said petition, shall establish, erect, and maintain such joint high school building and high school within said adjoining townships as petitioned for, and employ competent teachers therefor. Schools — Township High Schools — How Established. Section 1. Be it enacted by the general assembly of the State of Indiana, That in each township of this state having an assessed valuation of more than six hundred thousand dollars ($600,000) of taxable property and wherein there is not now established a high school, and wherein there is not situate a city or town main- taining a high school, and wherein for each of the two years last past there have been eight or more graduates of the township elementary schools, residing in such township, the township trustee may establish and maintain therein, a high school or a 60 joint high school and elementary school, and employ competent teachers therefor; whenever a majority of parents, guardians, heads of families, or persons, having charge of children, who were enumerated for school purposes in said township, at the last preceding enumeration, petition the trustee of said township to establish and maintain a high school or joint high school and elementary school, said trustee shall establish and maint9,in such a school petitioned for. (R. S. 1914, §6584 a.) Amount of Taxable Property Required. Sec. 2. That in each township in this state having an as- sessed valuation of more than six hundred thousand dollars ($600,000) of taxable property and wherein there is not now es- tablished a high school in such township or in any town within such township and where there is no high school within three miles of any boundary line of such township, and wherein for each of the two years last past there have been eight or more grad- uates of the township elementary schools, residing in such town- ship, the township trustee shall establish and maintain therein a high school and employ competent t^aphers therefor. (R. S. 1914, §6584 b.) Location of School — Petition. Sec. 3. The location of such school shall be determined by the township trustee: Provided, That upon the petition of ten par- ents, guardians, heads of families, or persons, having charge of children who are graduates of the elementary schools and who were enumerated for school purposes at the last preceding enum- eration, for another location other than the one determined upon by said township trustee, the matter shall be appealed to the county superintendent of schools, who shall determine upon the location of said building and his decision shall be final, and said township trustee shall proceed in the execution of the provisions of this act. (R. S. 1914, §6584 c.) Schools — State Superintendent of Public Instruction — High School Inspector. Section 1. Be it enacted by the general assembly of the State of Indiana, That the state superintendent of public instruction with the approval of the state board of education, shall appoint a high school inspector who shall act under the direction of the state 61 superintendent and the state board of education. The duties conferred by law upon the state board of education in making inspections of high schools shall be performed by the high school inspector. The high school inspector shall be paid a salary of two thousand five hundred dollars ($2,500) annually and he shall be allowed his necessary expenses while engaged in the performance of his duties. (R. S. 1914, §6296 a.) Appropriation. Sec. 2. An amount to pay the salary and expenses of the high school inspector is hereby appropriated out of the state treasury from moneys not otherwise appropriated. (R. S. 1914, §6296 b.) Schools — Term Continued. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. That in any township or incor- porated town in which a non-commissioned or a commissioned or certified high school has been or may hereafter be established, when the school trustee of such township or the school trustees of such incorporated town deem it unwise or inexpedient to continue the term of the elementary schools for the period required for a commissioned or a certified high school, said trustees are au- thorized to continue the non-commissioned, commissioned or certified high school of said school corporation for a term not to exceed that required for a commissioned high school. (R. S. 1914, §6411 a.) Schools — Uniform Text Books. Section 1. Be it enacted by the general assembly of the State of Indiana, That the state board of education shall constitute a board of commissioners, for the purpose of making a selection, or procuring the compilation for use in the high schools of the State of Indiana, of text books, as prescribed in this act. Said board shall select single text books in the following sub- jects: Algebra, geometry, commercial arithmetic, history, United States, ancient, mediaeval and modern; civil government, physical geography, commercial geography, history of English literature, history of American literature, English composition and rhetoric, Latin — beginning Latin, Latin grammar, prose com- position, Caesar, Cicero, Virgil; German conversational method grammar and grammatical method grammar. 62 The board shall select four elective text books in each of the following subjects: Botany, zoology, physics, chemistry, agri- culture, agricultural botany. Said board may select single or elective text books in any ad- ditional subjects not included in this section, which are taught in any high school or any subject which may hereafter be included in the curriculum of any high school, whenever any high school shall determine to teach such subject, and whenever such selec- tion is made by said board, the text book so selected shall be used in all high schools in the State of Indiana, teaching said subject. (R. S. 1914, §6324 a.) State Board of Education^ — -Duties. Sec, 2. In selecting books for high schools, said board of commissioners shall be subject to and governed in all respects, so far as applicable by the provisions of an act entitled "An act en- titled an act to create a board of commissioners for the purpose of securing for use in the common schools of the State of Indiana of a series of text books, defining the duties of certain officers therein named with reference thereto, making appropriations therefor, defining certain felonies and misdemeanors, providing penalties for the violation of the provisions of said act, repealing all laws in confiict therewith and declaring an emergency," approved March 2, 1889, and all amendments thereto, so far as applicable shall ap- ply to the selection of said text books and all matters relating thereto under the provisions of this act, except that the said board of commissioners shall have power to fix the price limit of any text book or series of text books. (R. S. 1914, §6324 b.) Schools — Text Books — Bids Called For. Section 1. Be it enacted hy the general assembly of the State of Indiana, That section 2 of the above entitled act be amended to read as follows: Section 2. The board of commissioners shall advertise for twenty-one consecutive days in two daily papers published in this state, having the largest circulation, that at a time and place to be fixed by said notice, and not later than six months after the first publication thereof said board will receive sealed proposals on the following: First. From publishers of school text-books, for furnishing books to the school trustees of the State of Indiana for use in the common schools of this state, as provided in this act, for a term of 63 five years, stating specifically in such bid the price at which each book will be furnished, and accompanying such bid with speci- men copies of each and all books proposed to be furnished in such bid. Second. From authors of school text-books, who have manu- scripts of books not published, for prices at which they will sell their manuscript, together with the copyright of such books, for use in the public schools of the State of Indiana. Third. From persons who are willing to undertake the com" pilation of a book or books, or a series of books, as provided for in section one (1) of this act, the prices at which they are willing to undertake such compilation of any or all of such books to the ac- ceptance and satisfaction of the said board of commissioners: Provided, That any and all bids by publishers, herein provided for, must be accompanied by a bond in the penal sum of fifty thousand dollars, with resident freehold surety, to the acceptance and satis- faction of the governor of this state, conditioned that if any con- tract be awarded to any bidder hereunder, such bidder will enter into a contract to perform the conditions of his bid to the accept- ance and satisfaction of said board: and Provided, further. That no bid shall be considered unless the same be accompanied by the affidavit of the bidder that he is in nowise, directly or indirectly, connected with any other publisher or firm who is now bidding for books submitted to such board, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any compact, syndicate or other scheme whereby the benefits of competition are denied to the people of this state: And he it further provided. That if any competent author or authors shall compile any one or more books of the first order of excel- lence, and shall offer the same as a free gift to the people of this state, together with the copyright of the same and the right to manufacture and sell such works in the State of Indiana for use in the public schools, it shall be the duty of such board of commis- sioners to pay no money for any manuscript or copyright for such book or books on the subject treated of in the manuscript so donated; and such board shall have the right to reject any and all bids, and at their option such board shall have the right to reject any bid as to a part of such books, and to accept the same as to the residue thereof. (R. S. 1914, §6325.) This section is not open to the objection that it creates a monopoly. State V. Haworth, 122 Ind. 462, 23 N. E. Rep. 946. 64 Schools — Sale of Text Books — County Superintendent May Appoint Township Trustee or Board of School Trus- tees as Depository Merchants. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. That on and after the taking ef- fect of this act, every contract made by the state board of educa- tion as a state board of school book commissioners for furnishing school books shall provide that the county superintendent of schools in each county of the state shall appoint some dealer or merchant within the county to act as a depository for the sale and distribution of school books contracted for by such board of school book commissioners, and he shall contract with said dealer or mer- chant to carry a sufficient supply of said adopted books to sup- ply the trade in the county, and to sell the same at contract price, except to other dealers and merchants within the county, to whom he shall sell the books for cash at a discount of ten per cent. (10%) from the contract price. The said depository merchant or dealer shall also contract with said county superintendent to furnish to each publisher holding a contract with the State of Indiana under this act, satisfactory evidence of his financial responsibility, or furnish a surety bond covering the estimated amount of sales to be made by him in any year, whereupon the said contractor or pub- lisher shall sell to said dealer all books ordered by him at a dis- count of fifteen per cent. (15%) from the contract price: Pro- vided, That said school book depository shall pay cash to the con- tractor or publisher for all books received without sixty (60) days of the date of shipment of such books: Provided, That the contractor shall pay all transportation charges to the nearest railroad or river station to said depository. It shall be the duty of said depository annually in July to ascertain from the county superintendent and local dealers the probable number of books that will be needed to supply the schools for the ensuing year, and upon receipt of this information, he shall order said books on or before the first day of August in each year; and upon receipt of such books he shall immediately notify the local dealers and mer- chants, desirous of handling such books: Provided, That the coun- ty superintendent shall at any time, on the request of a town- ship trustee or the board of school trustees appoint such town- ship trustee or board of school trustees to act as a depository mer- chant or dealer for the sale and distribution of school books and in such case the township trustee or board of school trustees in his 65 capacity as depository merchant or dealer shall conform in all respects to the provisions of this act as they apply to any other de- pository merchant or dealer appointed by the county superintend- ent. (R. S. 1914, §6355.) Schools — Compulsory Attendance of Children. Section 1. Be it enacted hy the general assembly of the State of Indiana, That it shall be the duty of every parent, guardian, or other person, in the State of Indiana, having the control or charge of any child, to cause such child to attend regularly a public, private, or parochial day-school, or two or more of such schools, during each school year for a term or period not shorter than that of the common schools of the school corporation in this state where the child resides. This section shall apply to every child not physically or mentally disqualified as hereinafter provided, who shall be of the age of seven years and of not more than the age of fourteen years, and shall apply to every child of fourteen years or more and not more than sixteen years of age, who is not actually and regularly employed, during the hours of the common school of such school corporation, in a useful employment or service, or is not lawfully employed in a gainful service agreeably to the pro- visions of this act concerning the employment of children in gain- ful occupations. If a child otherwise subject to the provisions of this act shall be, as evidenced by a certificate of a reputable, duly licensed, and practicing physician, either physically or mentally unfit to attend school, then during such disability this act shall not apply to such child. If in the absence of such certificate, the person having control or charge of any child shall claim that it is so physically or mentally unfit, then it shall be the duty of the com- mon school corporation, where the child resides, to cause the child to be examined by such physician or physicians, and if such physi- cian or physicians, shall certify that such child is mentally or physically fit to attend school, then such child shall not be ex- empt from the provisions of this act, but unless they so certify such child shall be exempt from the provisions of this act during the continuance of such disability: Provided, If a child, otherwise subject to the provisions of this act, shall by reason of deafness, or partial deafness, or of blindness, or partial blindness, be unable to secure in the school named herein a proper education by use of the sense of hearing, or of the sense of sight, the parent, guardian, or other person having the control or charge of such children shall cause them between seven and eighteen years of age to attend the 5—4343 66 Indiana state school for the deaf, or the Indiana school for the b ind, during the full scholastic terms- of said schools unless dis- charged therefrom by the board of trustees of either of said schools; and the employment under the provisions of this act of any of said children between the ages of seven and eighteen years during the school terms of said schools respectively is hereby prohibited unless a certificate of discharge issued by the superintendent of either of said schools be presented as herein provided. Applica- tion for admission of such children to such school, respectively, shall be made out in the usual form and passed upon by the board of trustees of said respective schools, and no child shall be per- mitted to enter either of said schools until the application shall have been accepted by the proper board of trustees, and upon the rejection of any child's application by either of said boards, neither such child nor its parent, guardian, or other person hav- ing control or charge of it, shall thereafter, in respect of such child, be subject to the provisions of this act, until such child's application shall be accepted. For the purpose of enforcing this act the age of children shall be established, if possible, first, by a duly verified copy of birth certificate or baptismal certificate or passport to be produced to the proper common school corporation by parents, guardians or other persons having control or charge of children. If neither such certificate nor passport exists, then the age shall be estab- lished by the first school enumeration in which the age of the child appears. If there be no such enumeration then by the affidavit of the parent, guardian, or other person having control or charge of children, and the supporting affidavit of some disinterested person. (R. S. 1914, §6675.) Age Limit — Employrnent. Sec. 2. No child under sixteen years of age who under the provisions of this act would otherwise be required to attend school, shall be employed in any occupation during hours wherein the common schools at the residence of the child are in session, unless the child shall have attained the age of fourteen years and shall have procured a certificate from the executive officer of the common school corporation of which the child is a resident, or some person designated by him, showing the age, date and place of birth, if known, or ascertainable, of such child and showing that the child has passed the fifth grade in the common schools, or its equivalent and a written and signed statement from the child's 67 employer showing that the person making it has employed or is about to employ, such child; and showing the place and character of the employment. For the purpose of making the certificate herein required, it shall be the duty of such common school execu- tive or other person designated by him, to obtain the information required as in section 1 of this act. If the date or place of birth can not be ascertained in any of these modes, then the school offi- cer may certify that, in his opinion, the child is fourteen years of age, or more, and is physically fit to undertake the work he in- tends to do and to issue the certificate in accordance therewith to the employer or prospective employer of the child. The em- ployer shall keep the certificate on file and shall produce it for in- spection and demand by any inspector of the department of in- spection or any other official authorized by law to inspect the same, and shall immediately when his employment of such child shall cease, in writing, notify the school corporation of that fact and the date thereof, on blanks to be attached to the certificate by the school corporation. It shall be unlawful for the employer to re-employ the child without a like new certificate. Such certif- icate having been presented to the employer, it shall not be neces- sary for the employer to procure another affidavit of the child's age for the service in the occupation mentioned in the statement of the employer to the school corporation. The state board of truancy shall define the meaning of the word occupation as used in this act. (R. S. 1914, §6676.) Attendance Officer — Duties. Sec. 3. Attendance officers whose appointment is by this act provided for, are hereby empowered and authorized to enter any place wherein children are employed for the purpose of determin- ing whether any children are so employed in violation of the pro- visions of this act. It shall be the duty of all parents, guardians, and other persons having control or charge of children, and of all employers of children, to furnish the attendance officers, upon re- quest, full information concerning children employed by them, and for such purpose attendance officers shall have the right to examine any employment certificates, notices, registers, or other lists concerning employed children, required by the law to be kept on file or posted in places where children are employed. (R. S. 1914, §6677.) 68 Schools — Attendance Officers — How Appointed. Section 1. Be it enacted by the general assembly of the State of Indiana, That section four (4) of the above entitled act be amend- ed to read as follows: Section 4. The attendance officers men- tioned in this act shall be appointed on the first day in May, un- less said day be Sunday, and if so, on the following Monday, of each year and shall take office on the first day of the following August. The county board of education shall appoint an attend- ance officer for the county, who shall be known as county attend- ance officer, and who shall be under the county superintendent, in carrying out the provisions of this statute and who shall be sub- ject to removal from office by the county board of education for inefficiency, incompetency, or neglect of duty. In counties hav- ing a population of fewer than twenty-five thousand (25,000) inhabitants, according to the last preceding' United States census, the county board of education, shall appoint the county attend- ance officer, and the person so selected shall serve also as probation officer of such county unless the judge of the circuit court of such county shall appoint some other person to serve as such pro- bation officer. It shall be the duty of such attendance officer to see that the provisions of this act are complied with, and when from personal knowledge or by report or complaint from any resi- dent or teacher within the territory under his supervision, he be- lieves that any child, subject to the provisions of this act is habit- ually tardy or absent from school he shall immediately give or send by mail, to the parent, guardian, or other person having con- trol or charge of such child, a written notice that the prompt and regular attendance of such child at school is required, and, if within five (5) days after this mailing or giving of notice, the per- son to whom it shall be given shall not comply with the provisions of this statute respecting the attendance of such child at school, then such attendance officer shall make complaint against the person so notified in the juvenile court of that county, or the cir- cuit court acting as juvenile court, or in any court of record, set- ting forth the violation of the provisions of this act. But one notice shall be required for any one child during any one school year. Any person so notified who shall violate the provisions of this statute concerning the attendance of a child at school, shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined not less than one dollar ($1.00) nor more than twen- ty-five dollars ($25.00), to which may be added in the discretion of 69 the court, imprisonment in the county jail for not less than two (2) nor more than ninety (90) days. Any attendance officer failing to perform any duties imposed upon him by the provisions of this act, shall upon conviction, be fined in the sum of five dollars ($5.00) for each such failure, (p. 151, Acts 1915.) Number of Attendance Officers. • Sec. 5. A city having a school enumeration of 2,000 or more children, or two or more cities or towns in any county having a combined school enumeration of 2,000 or more, may, if it or they desire, constitute a separate district for the administration of this act. Cities of this state having a school enumeration of 2,000 and less than 10,000 children, shall have but one attendance officer; cities of more than 10,000 and fewer than 20,000 may have two attendance officers; cities of 20,000 and fewer than 30,000 may have three attendance officers; cities of 30,000 and fewer than 40,000 may have four attendance officers; and cities of 40,000 or more school enumeration may have five or more attendance offi- cers, the number to be determined by the board of school com- missioners of such city. The attendance officers of cities and such separate districts constituted as above provided, shall enforce the provisions of this act in the manner mentioned in section 4 hereof and shall be subject to the penalties therein mentioned for failure in the performance of duty. The attendance officers of cities men- tioned in this act shall be appointed by the school trustees or board of school commissioners, respectively, of such city. A person to be eligible for appointment as county or other at- tendance officer, in pursuance of this act shall have completed the eighth grade of the state's common schools or have an education equivalent thereto. (R. S. 1914, §6679.) Per Diem. Sec. 6. Attendance officers shall receive from the county treasury two dollars for each day of actual service, to be paid by the county treasurer upon a warrant signed by the county auditor, and the county council sha'l appropriate, and the board of county commissioners shall allow the funds necessary to make such pay- ment. No warrant for the payment of such compensation to any attendance officer shall be issued until the attendance officer shall have filed, with the county auditor an itemized statement of the time he has been employed, and until such statement shall have 70 been certified by the superintendent of schools of the county or of the school corporation which he serves. (R. S. 1914, §6680.) Record of Attendance. Sec. 7. An accurate record of the attendance of all children who have reached the age of seven years and have not passed the age of sixteen shall be kept daily by the teacher of every school showing by the year, month, day of the month, and day of the week, such attendance. Such records shall at all times be open to the school authorities of the city or district and every such teacher shall fully answer all inquiries lawfully made by such school authorities or by attendance officers or other duly authorized per- sons. All school officers and teachers are hereby required to make and furnish all reports that may be required by the superintendent of public instruction, by the state board of truancy, or the at- tendance officer with reference to the workings of this act. (R. S. 1914, §6681.) State Board of Truancy. Sec. 8. A state board of truancy, to consist of the state super- intendent of public instruction, a member of the state board of education, designated by that board for such purpose, and the sec- retary of the board of state charities, is hereby created. Said board shall have power to determine the special educational re- quirements to be possessed by all persons appointed as attend- ance officers and shall take such steps toward the uplift, unifica- tion, and systematization of methods of attendance work in this state as may be deemed proper by them and shall have all powers specified in this act; and shall have power and be charged with the duty and responsibility of administering this act, defining the meaning of the terms used herein and setting up such standards, rules, regulations, and procedure under the provisions of this act as may be necessary from time to time to carry the same into ef- fect and which local authorities charged with the administration of this act shall be required to follow. (R. S. 1914, §6682.) Assistance Furnished. Sec. 9. If any parent, guardian, or other person having con- trol or charge of any child, who is subject to the provisions of this act, does not have sufficient means to furnish such child with books and clothing necessary to the attendance upon school, then 71 the school corporation where such child resides shall furnish it temporary aid for such purpose, which aid shall be allowed and re- paid to such school corporation upon the certificate of the execu- tive officer of such school corporation, by the township overseer of the poor in the manner provided by law for the relief of the poor. Such certificate shall be accompanied by such information as will enable the overseer of the poor to make the reports required by law governing the relief of the poor. (R. S. 1914, §6683.) Separate Schools for Incorrigibles. Sec. 10. All common school corporations in this state are hereby empowered to maintain, either within or without the cor- porate limits of such corporation, a separate school for incorrigible and truant children. Any child who shall be a truant or incorri- gible may be conipelled by the school corporation to attend such separate school for an indeterminate time. (R. S. 1914, §6684.) Confirmed Truant. Sec. 11. Any child, subject to the provisions of this act who habitually absents itself from school may be declared by the attendance officer and superintendent of schools of the county or of the city where it resides a confirmed truant. Such confirmed truant may be sentenced by the judge of the juvenile court, or by the judge of the circuit court acting as judge of the juvenile court or by the judge of any court of record, if a boy, to the Indiana boys' school, or if a girl, to the Indiana girls' school provided such child is within the age limit set for admission to such institutions. If deemed advisable by the judge such incorrigible child may be sent to such other custodial institution within the state as the judge may designate. Its maintenance in such institution shall be paid as the law provides for the maintenance of dependent chil- dren committed by the court to such custodial institutions. In all cases where a child is so committed to an institution it shall be placed in charge of the probation officer or some other person desig- nated by the court, to be conveyed under his direction to the desig- nated institution, and the actual necessary expense thereby in- curred shall be paid by the board of county commissioners. A woman shall always be sent as such attendant with girls so com- mitted. (R. S. 1914, §6685.) 72 Expenses — Special Levy. Sec. 12. For the defraying of the expenditures necessary in the carrying out of the provisions of this statute, common school corporations of this state are empowered to levy in addition to any and all sums otherwise provided by law an amount of special school revenue not exceeding five cents on each $100.00 of tax- able property, and such taxes shall be levied and collected as other special school revenues. (R. S. 1914, §6685 a.) Duties of Enumerators. Sec. 13. In order that the provisions of this act may be more definitely enforced, it is hereby provided that the enumerators of school children, in taking the annual school census shall ascertain and record the place and date of birth of every child enumerated, and the parent, guardian, or other persons having control or charge of such children, shall subscribe and take oath or affirmation that such record is true to the best of his information, knowledge, or be- lief. The enumerator is hereby empowered to administer such oath or affirmation and any parent, guardian, or other person hav- ing control or charge of children, who shall refuse to take such oath or affirmation, unless the refusal be based upon the want of knowl- edge, information, or belief, shall be adjudged guilty of a mis- demeanor, and upon conviction thereof shall be fined in any sum not less than one dollar ($1.00). (R. S. 1914, §6685 b.) Information for Attendance Officer. Sec. 14. On or before the first day of each school year the executive officer of each school corporation shall furnish the at- tendance officer thereof with the names of the children, subject to the provisions of this act, who are enumerated in the regular enumeration lists. These names shall be alphabetically ar- ranged, and such official shall give to the attendance officer all in- tormation contained in the regular enumeration returns concern- ing the children so listed. The county and each school corpora- tion, shall provide its own attendance officers with the necessary postage and such blanks as may be required by the state board of truancy or the state superintendent of public instruction pertain- ing to the due execution of the duties of such attendance officers. (R. S. 1914, §6685 c.) 73 Penalty. Sec. 15. Any parent, guardian, or other person having con- trol or charge of children who shall permit the employment of any child in violation of section 2 of this act and any one who shall employ a child in violation of that section and any person who shall violate any provision of this act, for which offense no penalty is hereinbefore denounced, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars, nor more than fifty dollars. (R. S. 1914, §6685 d.) Repeal. Sec. 16. The statute of 1901, in force March 11, 1901, (ses- sion laws of 1901, page 470) entitled "An act concerning the educa- tion of children," and all acts supplemental thereof and amenda- tory thereto, and all other laws and parts of laws in so far as in conflict to the provisions of this act, are hereby repealed, (p. 624, Acts, 1913.) Vocational Education. Section 1. Be it enacted by the general assembly of the State of Indiana, The following words and phrases as used in this act shall, unless a different meaning is plainly required by the context, have the following meanings : 1. "Vocational education" shall mean any education the con_ trolling purpose of which is to fit for profitable employment. 2. "Industrial education" shall mean that form of voca- tional education which fits for the trades, crafts and wage-earn- ing pursuits, including the occupation of girls and women carried on in stores, workshops, and other establishments. 3. "Agricultural education" shall mean that form of voca- tional education which fits for the occupations connected with the tillage of the soil, the care of domestic animals, forestry and other wage-earning or productive work on the farm. 4. "Domestic science" education shall mean that form of vocational education which fits for occupations connected with the household. 5. "Industrial, agricultural or domestic science school or de- partment" shall mean an organization of courses, pupils and teachers designed to give either industrial, agricultural or domestic science education as herein defined, under a separate director or head. 74 6. "Approved industrial, agricultural or domestic science school or department" shall mean an organization under a sep- arate director or head, of courses, pupils and teachers approved by the state board of education designed to give either industrial, agricultural or domestic science education as herein defined. 7. ''Evening class" in an industrial, agricultural or domestic science school or department shall mean a class giving such train- ing as can be taken by persons already employed during the work- ing day, and which in order to be called vocational must in its in- struction deal with the subject-matter of the day employment, and be so carried on as to relate to the day employment; but evening classes in domestic science relating to the home shall be open to all women over seventeen who are employed in any capacity during the day. 8. "Part-time classes" in an industrial, agricultural or domes- tic science school or department, shall mean a vocational class for persons giving a part of their working time to profitable em- ployment and receiving in the part-time school or department, in- struction complementary to the practical work carried on in such employment. To give a part of their working time such persons must give a part of each day, week or longer period to such jDart- time class during the period in which it is in session. (R. S. 1914, §6641 a.) "Shall" — Generally it is the presumption that the word "shall," as used in a given law, is to be construed in an imperative sense, unless a different legislative intent clearly appears from the context or manifest purpose of the act as a whole. State of Indiana, ex rel. Simpson et al. v. Meeker et al., 182 Ind. 240. Establishment of Schools. Sec. 2. Any school city, town or township may through its board of school trustees or school commissioners or township trus- tee, establish vocational schools or departments for industrial, agricultural and domestic science education in the same manner as other schools and departments are established and may maintain the same from the common school funds or from a special tax levy not to exceed 10 cents on each $100 of taxable property, or partly from the common school funds and partly from such tax. School cities, towns and townships are authorized to maintain and. carry on instruction in elementary domestic science, in- dustrial and agricultural subjects as a part of the regular course of instruction. (R. S. 1914, §6641 b.) 75 Classes — How Divided. Sec. 3. In order that instruction in the principles and prac- tice of the arts may go on together, vocational schools and de- partments for industrial, agricultural and domestic science edu- cation may offer instruction in day, part-time and evening classes. Such instruction shall be of less than college grade and be de- signed to meet the vocational needs of persons over 14 years of age who are able to profit by the instruction offered. Attend- ance upon such day or part-time classes shall be restricted to persons over 14 and under 25 years of age; and upon such even- ing classes to persons over 17 years of age. (R. S. 1914, §6641 c.) Co-operative Schools. Sec. 4. Two or more school cities, towns or townships or com- binations thereof, may co-operate to establish and maintain vo- cational schools or departments for industrial, agricultural or domestic science education or in supervising the same, whenever the school board or township trustees of such school cities, towns or townships shall so determine and apportion the cost thereof among the cities, towns and townships co-operating. Whenever such co-operative schools or departments have been determined upon by any school cities, towns or townships, or combination thereof, the presidents of the school boards of the cities or towns and the township trustees of the townships co-operating shall con- stitute a board for the management of such school or department, such board may adopt for a period of one year or more, a plan of organization, administration and support for such school or de- partment and the plan, if approved by the state board of education shall constitute a binding contract between cities, towns and town- ships entering into a co-operation to support such schools and courses which shall be cancelled or annulled only by the vote of a majority of the school boards or township trustees of such school cities, towns or townships and the approval of the state board of education. (R. S. 1914, §6641 d.) Studies — How Outlined. Sec. 5. Elementary agriculture shall be taught in the grades in all town and township schools ; elementary industrial work shall be taught in the grades in all city and town schools, and elemen- tary domestic science shall be taught in the grades in all city, town and township schools. The state board of education shall 76 outline a course of study for each of such grades as they may de- termine which shall be followed as a minimum requirement. The board shall also outline a course of study in agriculture, domestic science and industrial work, which they may require city, town and township high schools to offer as regular courses. After Septem- ber 1, 1915, all teachers required to teach elementary agriculture, industrial work or domestic science shall have passed an examin- ation in such subjects prepared by the state board of education. (R. S. 1914, §6641 e.) State Board of Education — Duties. Sec. 6. The state board of education is hereby authorized and directed to investigate and to aid in the introduction of in- dustrial, agricultural and domestic science education, to aid cities, towns and townships to initiate and superintend the estab- lishment and maintenance of schools and departments for the aforesaid forms of education; and to supervise and approve such schools and departments, as hereinafter provided. The board of education shall make a report annually to the general assembly de- scribing the condition and progress of industrial, agricultural and domestic science education during the year and making such rec- ommendations as they may deem advisable. (R. S. 1914, §6641 f.) State Board Comprised of. Sec. 7. The state board of education shall consist of the sup- erintendent of public instruction, the presidents of Purdue uni- versity, the State university and the State normal school, the sup- erintendents of schools of the three cities having the largest enumeration of children for school purposes annually reported to the state superintendent of public instruction, as provided by law, three citizens actively engaged in educational work in the state, at least one of whom shall be a county superintendent of schools, and three persons actively interested in, and of known sympathy with, vocational education, one of whom shall be a representa- tive of employes and one of employers. The governor shall appoint the members of the board, except the ex officio members, for a term of four years. In the first instance one member shall be appointed for two years, one for three years and one for four years. The present appointive members shall serve until the expiration of the time for which they were appointed. The governor shall fill all vacancies 77 occurring in the board for the unexpired term, and each member shall serve until his successor shall have been appointed and qualified. The superintendent of public instruction shall, ex officio, be president of the board, and in his absence the members present shall elect a president pro tempore. The board shall elect one of its members secretary and treasurer, who shall have the custody of its records, papers and effects, and shall keep minutes of its proceedings. The records, papers, effects and minutes shall be kept at the office of the superintendent, and shall be open for in- spection. The board shall meet upon the call of the president, or a majority of its members, at such place in the state as may be designated in the call. They shall adopt and use a seal, on the face of which shall be the words ^'Indiana state board of educa- tion," or such other device or motto as the board may direct, an impression and written description of which shall be recorded on the minutes of the board and filed in the office of the secretary of state, which seal shall be used for the authenticaton of the acts of the board and the important acts of the superintendent of public instruction. The board shall have all the powers and perform all the duties now imposed by law on the state board of education. (R. S. 1914, §6641 g.) Appointments — How Made. Sec. 8. The state superintendent of public instruction, with the advice and approval of the state board of education, shall ap- point a deputy superintendent in charge of industrial and domestic science education who shall act under the direction of the state superintendent of public instruction in carrying out the provisions of this act. The salary and term of office of such deputy shall be fixed by the board and he shall be removable by the board only for cause. The state superintendent, with the approval of the state board of education, is authorized to co-operate with Purdue university in the appointment of some person actively connected with the agricultural extension work at Purdue as an agent in supervising agricultural education, who shall serve in a dual capacity as an agent of the state superintendent and an assistant at Purdue uni- versity. The board and the authorities of Purdue university may fix the proportion of the salary of such agent to be borne by the state and by the university. Such person shall be subject to re- moval for cause by the state board of education. 78 All expenses incurred in discharge of their duties by deputies and agents shall be paid by the state from funds provided for in this act. (R. S.^ 1914, §6641 h.) Advisory Committee. Sec. 9. Boards of education or township trustees administer- ing approved vocational schools and departments for industrial, agricultural or domestic science education, shall, under a scheme to be approved by the" state board of education, appoint an ad- visory committee composed of members representing local trades, industries and occupations. It shall be the duty of the advisory committee to counsel with and advise the board and other school officials having the management and supervision of such schools or departments. (R. S. 1914, §6641 i.) Admission to Schools — To Whom Made. Sec. 10. Any resident of any city, town or township in In- diana, which does not maintain an approved vocational school or department for industrial, agricultural or domestic science educa- tion offering the type of training which he desires, may make ap- plication for admission to such school or department maintained by another city, town or township or any school of secondary grade maintaining an approved industrial, agricultural or domes- tic science school or department. The state board of education, whose decision shall be final, may approve or disapprove such application. In making such decision the board shall take into consideration the opportunities for free vocational training in the community in which the applicant resides; the financial status of the community; the age, sex, preparation, aptitude and previous record of the applicant, and all other relevant circumstances. The school city or town or township in which the person re- sides, who has been admitted as above provided, to an approved vocational school or department for industrial, agricultural or domestic science education, maintained by another city, town or township or other school, shall pay such tuition fee as may be fixed by the state board of education, and the state shall reim- burse such school city or town or township as provided for in this act. If any school city or town or township neglects or refuses to pay for such tuition, it shall be liable therefor in an action of con- tract to the school city or town or township or cities and towns and townships or other school maintaining the school which the pupil with the approval of the said board attended. (R. S. 1914, §6641 j.) Compulsory Attendance. Sec. 11. In case the board of education or township trustee of any city, town or township have estabHshed approved voca- tional schools for the instruction of youths over fourteen years of age who are engaged in regular employment, in part-time classes, and have formally accepted the provisions of this section, such board or trustee are authorized to require all youths between the ages of fourteen and sixteen years who are regularly employed, to attend school not less than five hours per week between the hours of 8 a. m. and 5 p. m. during school term. (R. S. 1914, §6641 k.) County Agent — Petition. Sec. 12. Whenever twenty or more residents of a county, who are actively interested in agriculture, shall file a petition with the county board of education for a county agent, together with a de- posit of $500.00 to be used in defraying expenses of such agent, the county board of education shall file said petition, within thirty days of its receipt, with the county council, which body shall, upon receipt of such petition, appropriate annually the sum of $1,500.00 to be used in paying the salary and other expenses of said county agent. When the county appropriation has been made the coun- ty board of education shall apply to Purdue university for the ap- pointment of a county agent whose appointment shall be made annually and be subject to the approval of the county board of education, and the state board of education. When such appoint- ment has been made, there shall be paid annually from the state fund provided for in this act, to Purdue university, to be paid to the county providing for a county agent, an amount sufficient to pay one-half the annual salary of the county agent appointed as herein provided : Provided, That not more than $1,000 shall be ap- propriated to any one county: Provided, further, That not more than thirty (30) counties during the year ending September 30, 1914; and sixty (60) counties during the year ending September 30, 1915, shall be entitled to state aid. It shall be the duty of such agent, under the supervision of Purdue university, to co-operate with farmers' institutes, farmers' clubs and other organizations, conduct practical farm demonstrations, boys' and girls' clubs and contest work and other movements for the advancement of agri- 80 culture and country life and to give advice to farmers on prac- tical farm problems and aid the county superintendent of schools and the teachers in giving practical education in agriculture and domestic science. The county board of education is hereby au- thorized to file monthly bills covering salary and expenses of county agent, the same to be approved by Purdue university, with the county auditor who shall draw his warrant or warrants on the county treasurer for the payment of same. (R. S. 1914, §6641 1.) In view of Par. 1, Art. 8, of the Constitution making it the duty of the legislature to encourage by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uni- form system of public schools and in view of the purpose of the act of 1913, known as the Vocational Education Law, to meet existing industrial and social problems by an adaptation of the public schools to the needs of the peo- ple, Par. 12 of the act providing for the appointment of a county agent to as- sist in giving practical education in agriculture, and for making appropria- . tions of money for the purpose, is not invalid as conferring a special privilege on an arbitrary class of persons, since, while it provides only for agricultural education, other sections of the act provide for vocational education along other lines. The Vocational Education Law is designed to operate uniformly in all parts of the state where the same circumstances and conditions exist, and the uniformity of operation is not destroyed by the mere fact that Par. 12 of the act providing for county agents to assist in giving practical education in agriculture, designates a different method for determining the need for that kind of education. Section 12 of the Vocational Education Law providing that the county council shall, upon the filing of a petition for the appointment of a county agent to assist in agricultural education, make a certain appropriation of money for that purpose, is mandatory, and hence mandamus wiD lie to compel the council to make the appropriation. State of Indiana, ex rel. Simpson et al. v. Meeker et al., 182 Ind. 240. County Council can be mandated to appropriate salary for county genta, when same has been properly appointed. Comer v. State, 110 N. E. Rep. 984. Cities and Towns — Reimbursed. Sec. 13. Vocational schools or departments for industrial, agricultural and domestic science education shall so long as they are approved by the state board of education as to organization, location, equipment, courses of study, qualifications of teachers, methods of instruction, conditions of admission, employment of pupils and expenditures of money, constitute approved vocational schools or departments. School cities and towns and townships maintaining such approved vocational schools shall receive reim- burs as ementprovided in this act. (R. S. 1914, §6641 m.) 81 State Maintenance. Sec 14. The state, "n order to aid in the maintenance of ap- proved vocational schools or departments for industrial, agri- cultural and domestic science education, shall, as provided in this act, pay annually to school cities and towns and townships main- taining such schools and departments an amount equal to two- thirds of the sum expended for instruction in vocational and tech- nical subjects authorized and approved by the state board of education. Such cost of instruction shall consist of the total amount raised by local taxation and expended for the teachers of approved vocational and technical subjects. School cities and towns and townships that have paid claims for tuition in approved vocational schools shall be reimbursed by the state as provided in this act, to the extent of one-half the sums expended by such school cities and towns and townships in payment of such claims. (R. S. 1914, §6641n.) Claims for Reimbursement. Sec. 15. Any school city, town or township having claims for reimbursement against the state under the provisions of this act shall present the same to the state board of education on or before July 1st of each year immediately following the com- pletion of the work for which they are entitled to reimbursement from the state. The board shall if they approve the claim au- thorize its payment by the auditor of state who shall thereupon draw his warrant on the treasurer of state for the payment of the amount due such school city, town or township, from the fund provided in this act. (R. S. 1914, §6641 o.) Annual Levy. Sec 16. To provide a state fund to carry out the provisions of this act, there shall be levied annually as a part of the state common school levy an additional levy of one cent on each one hundred dollars of taxable property in the state, which shall con- stitute a fund for the purposes of this act. Any part of the fund remaining at the close of any fiscal year shall be placed by the treasurer of state in a permanent fund for vocational education, the proceeds of which shall be used to aid in carrying out the pro- visions of this act. (R. S. 1914, §6641 p.) 6 — 4343 82 Salaries and Expenses. Sec. 17. A sum sufficient to pay the salaries and expenses of the deputies, agents and employes in carrying out the provisions of this act, and an amount sufficient to carry out the provisions of section 12 is hereby appropriated annually for two years, to be available on and after April 1, 1913. Thereafter all salaries 'and expenses shall be paid from the fund provided for in this act. (R. S. 1914, §6641 q.) When Effective. Sec. 18. This act shall take effect as to the provisions for state aid to approved vocational schools at the beginning of the school year 1914-1915. All other provisions of this act, includ- ing the provisions for a county agent, as provided in section 12, shall be in force from and after its publication, (p. 46, Acts 1913.) Repeal. Sec. 19. All laws and parts of laws in conflict herewith are hereby repealed, (p. 46, Acts 1913.) [p. 153, Acts 1915.] Schools — Cities First Class — Non-residents — Vocational Schools. Section 1. Be it enacted by the general assembly of the State of Indiana, That any common school corporation, in a city of this state having a population of more than one hundred thousand ac- cording to the last preceding United States census, which has es- tablished, or shall establish, according to law, vocational, trade and industrial schools in such city, may admit to such schools non- residents of the State of Indiana on the payment of reasonable laboratory and shop fees and a tuition fee of not more than the cost to said school corporation, per pupil, of conducting such vo- cational, trade and industrial schools: In estimating such cost the school corporation shall include nothing as a return or interest on capital invested in buildings, grounds or equipment or for interest on any bonds or on other obligations. Property in Trust — Bonds Issued. Sec. 2. Any common school corporation in a city of this state having a population of more than one hundred thousand, accord- 83 ing to the last preceding United States census, may accept prop- erty in trust to be used for common school, or vocational, trade or industrial school purposes, or for library purposes, and, as trustee, whether made such trustee by appointment of a court or by the founder of the trust, may perform such trust by using the trust prop- erty, consistently with the terms of the trust, in conducting schools or vocational, trade or industrial schools or libraries. If any such school city shall, by a resolution, or other formal corporate ac- tion, of its board of school commissioners, accept real estate or other property in trust, as above stated, and the trust property shall, at the time of acceptance, be subject to liens or charges of any kind which shall be in sums not greater in their aggregate amount than fifty (50) per cent, of the then fair cash value of the full fee simple title of the trust property, were it free of the trust, and such value shall have been ascertained by written appraisal made by three disinterested residents of such city selected by such board of school commissioners, then, and in that event, the school city is hereby authorized, in its discretion, to pay off and discharge such liens or charges, or any part or parts thereof, and to make such payment at one time, or from time to time. For the purpose of raising money to pay off and discharge any such liens or charges and to erect and equip buildings on the trust real estate needed in the due execution of the trust, such school city is hereby given power, to be exercised at its discretion, to borrow money, and, from time to time, as required, to issue its bonds therefor in any sum needed for one or both of such purposes, but there shall not be outstanding at any one time bonds issued under the authority of this act in a principal sum greater than three hundred thousand dollars ($300,000). The power to issue such bonds shall be a con- tinuing power and new issues for like purposes, in performing the same trust, or other trusts such as are herein mentioned, may be made when necessary, but at no time shall this power be executed while there shall be bonds issued under this power of three hun- dred thousand dollars ($300,000) principal outstanding, nor at any time to an amount which, added to such bonds then out- standing, would make an aggregate principal of more than $300,000. No bond, issued under the authority of this act, shall be delivered until the money therefor shall have been paid to the treasurer of the school city, issuing it; and interest thereon shall not begin to accrue before the time of such delivery. Such bonds shall bear interest at a rate of not more than four and one-half (4|^) per cent, per annum, and the interest shall be payable 84 semi-annually. The bonds shall be sold by the school city issu- ing them at not below par and shall mature not more than forty- five (45) years from their date and they shall be known as "educa- tional trust bonds", and may be made to mature at one time or at different times, as the school city may choose. Preparatory to offering any such bonds for sale such school c ty, by its board of school commissioners, shall give notice, for not less than three (3) weeks, of the date and place fixed for the sale and in the notice shall give a brief description of the bonds and of the mode of bidding and invite bids. Such notice shall be by ad- vertisement for three weeks by publication, one time in one news- paper published in the city wherein the school corporation is located and one time in one newspaper published in the city of New York, and by such other method of advertising, if any, as the board of school commissioners may prescribe. The board shall sell the bonds to the highest and best bidder, reserving, however, .in its advertisements and notices, the right to reject any and all bids. The proceeds arising from all sales of bonds, made in pur- suance of this act, shall be kept in a separate fund and be known as "educational trust bond fund", and shall be used only for one or more of the purposes hereinbefore referred to as objects for which such bonds are hereby authorized to be issued. Additional High School Buildings — Bonds May be Issued. Sec. 3. Be it further enacted by the general assembly of the State Indiana, That the common school corporation in any city of this state of more than one hundred thousand inhabitants, according to the last preceding United States census, when, by reason of the crowded condition of its schools, a necessity arises for providing additional high school buildings, in such school city and when the school city shall, by formal resolution adopted and spread upon its minutes declare that such need exists and that such school city has not and will not have the means to build or equip the new building or to purchase the ground on which to locate the same and shall declare to what extent the school city's available means will fall short of meeting such needs then, and in that event, it shall be lawful for said school city to borrow money and issue the bonds of said school city, to the amount of such deficit, but not in a principal sum greater than one hundred and fifty thou- sand dollars in the case of any one such additional high school 85 building. Such bonds shall be known as "additional high school bonds". They shall bear interest at a rate of not more than four and one-half (4^) per cent, per annum, interest payable semi- annually; shall be sold for not less than par and shall mature at not more than forty-five (45) years from their date and may be made to mature all at one time or at different times. No bond so to be issued shall be delivered to the purchaser until the price therefor shall be paid to the treasurer of said school city, and no interest shall accrue thereon before such delivery. Such bonds shall be payable to bearer and shall be of the general form usual in municipal coupon bonds. Preparatory to offering such bonds for sale such school city shall give notice for not less than three (3) weeks of the date fixed for the sale of such bonds with a brief description thereof and of proposals therefor. Such notice shall be given by advertisement by one insertion in at least one news- paper published in the city wherein said school corporation is situate, and by one insertion in at least one newspaper published in the city of New York, and by such other advertisements as the school city may choose. The bonds shall be sold to the highest and best bidder and the right shall be reserved to the school city in all the said notices, to reject any and all bids. The proceeds arising from such sale shall be used for no pur- pose other than an additional high school building, viz.: for the purchase of grounds for and the erection and equipping of addi- tional buildings for high schools. The powers hereby given to is- sue bonds for the particular purposes herein enumerated shall be in addition to all other bond issuing power given by statute to such school cities. Pending Litigation. Sec. 4. Nothing in this act contained shall be construed to affect any litigation pending at the time of its passage or in itself to authorize any such school city to act as trustee under any ap- pointment heretofore made or made hereafter in any litigation now pending. Schools — Agricultural and Domestic Science — Petition — Levy. Section 1. Be it enacted by the general assembly of the State of Indiana, That whenever twenty-five (25) per cent, of the legal voters of any township, in the State of Indiana, wherein is sit- 86 uated a township high school, shall petition the township trustee, of such township, for the erection, construction and equipping of a room or building upon the grounds or real estate upon which such high school is situate, in which to teach and instruct the students of such township in the arts of agriculture, domestic science, or physical or practical mental culture, and in which to hold school or township entertainments, or to be used for township purposes, the township trustee, with the concurrence of the advisory board of such township, shall be authorized and empowered to provide such room or building, as may best suit such needs in such town- ship, by erecting, building and equipping such room oi building, as aforeasid, to meet the requirements and necessities therefor. (R. S. 1914, §6623 h.) Buildings — Bonds Issued. Sec. 2. For the purpose of raising funds for the building and construction of such room or building, as is provided in section 1 of this act, the township trustee of such township is hereby au- thorized and empowered, with the concurrence and sanction of the advisory board of such township, to issue and sell the bonds of such township in an amount sufficient to pay for the construc- tion and equipping of such room or building, and to levy a tax on the taxable property of such township in an amount sufficient to discharge and satisfy such bonds so issued and sold; provided, such bonds shall be in equal series, and shall fall due, one each year, for a period of ten (10) years: Provided^ further, That an amount not exceeding one (1) per cent, of the total amount of taxable property of any township may be used and expended for the pur- pose of carrying out the provisions of this act. (R. S. 1914. §6623 i.) Township Trustee — Maintenance. Sec. 3. The township trustee, of any township, in the State of Indiana, shall, by the provisions of the act being first complied with, shall cause such room or building to be constructed and equipped for the teaching and instruction of agriculture science, domestic science, physical culture, practical mental culture, or in which to hold an}^ school or township entertainments, or for other township purposes, may, and he is hereby authorized and em- powered to maintain such room or building, for the purpose afore- said, and to make a levy of taxes, on the taxable property of such 87 township/ sufficient to raise the necessary funds with which to maintain such room or building, and to conduct therein the courses Of instruction mentioned herein. (R. S. 1914, §6623 j.) Rats — Extermination — Teaching Hygiene in Schools. Section 1. Be it enacted by the general assembly of the State of Indiana, That it shall be unlawful for any person, firm, co-partner- ship, company or corporation owning, leasing, occupying, pos- sessing or having charge of any land, place, building, structure, stacks or quantities of wood, hay, corn, wheat, or other grains or materials, or any vessel or water craft, to permit the same to be- come rat infested, and it shall be the duty of any such person, firm co-partnership, company, or corporation, upon any knowledge or notice, to at once proceed and to continue in good faith to en- deavor to exterminate and destroy such rats by poisoning, trap- ping and other appropriate means, such as may be suggested by the state board of health or the local health officers. And it shall be the duty of the trustees of the several townships and the boards of school trustees of the several cities and towns in the state, to make provisions in the public schools under their jurisdiction for the illustrative teaching of the anatomy, physiology and hygiene of the human system; the effects of alcohol and nicotine; the cause and course of consumption; the dissemination of diseases by rats, flies and mosquitoes and the effects thereof, and the prevention of diseases by the proper selection and consumption of food. (R. S. 1914, §7648].) State Board of Health — Inspectors — Duties. Sec. 2. The state board of health and inspectors appointed by such board and local health officers and inspectors appointed for the purpose, as hereinafter provided, shall have authority and shall be permitted to enter into and upon all lands, places, build- ings, structures, vessel or water craft for the purpose of ascertain- ing whether the same are infested with rats and whether the requirements of this act as to extermination and destruction thereof are being complied with: Provided, That no building occupied as a dwelling, hotel or rooming house shall be entered for such purpose except between the hours of 9 o'clock in the fore- noon and 5 o'clock in the afternoon of any day. (R. S. 1914, §7648 k.) 88 Appropriation — County Commissioners. Sec. 3. The board of county commissioners, with the consent of the county council, of each county, and the town board of any town or the common council of any city, whenever it may by resolution determine that it is necessary for the preservation of the public health or to prevent the spread of contagious or infectious disease, communicable to mankind, or when such board shall so determine that it is necesary to prevent great damage to crops, grain, food or other property, may appropriate moneys for the purchase of, and may purchase, poison, traps and other materials for the purpose of eliminating and destroying rats in such coun- ty, town or city, and may employ and pay inspectors, who shall have authority to and shall prosecute such work of extermination and destruction under the direction of such board or the local health officer, or board of health, on both private and public property, in such county, town or city, and such inspectors shall have authority, when necessary, to carry out the provisions of this act, to dig into the grounds, to remove parts of floors, walls or other parts of buildings or structures, or to remove, from one place to another on the premises, any other property when reasonably necessary to do so: Provided, That such inspector or inspectors, after taking the necessary steps for the discovery and destruction of rats on any premises, shall restore the said premises, as far as may be reasonably practicable, to the condition in which the same were found. (R. S. 1914, (7648 1.) Expense of Extermination — Lien. Sec. 4. Whenever any person, firm, co-partnership, company, or corporation owning, leasing, occupying, possessing or having charge of any land, place, building, structure, stacks or quanti- ties of wood, hay, corn, wheat or other grains or materials, or any vessel or water craft, which is infested with rats, shall fail, neglect or refuse to proceed and continue to endeavor to exterminate and destroy such rats, as herein required, it shall be the duty of the state board of health, or its inspectors, and the local health officer, or the local board of health, or its inspectors at once to cause such nuisance to be abated by exterminating and destroying such rats. The expense thereof shall be a charge against the county, town or city which has, by its board or council ordered such de- struction or extermination of rats, and such board or council shall allow and pay the same. 89 When such destruction of rats is ordered by the town board or city council, the clerk of such town or city shall at once file with the county auditor a certified statement of the expense of such extermination and in any such case the county auditor shall charge the amount so expended for destroying rats, as aforeasid, against the property on which said nuisance shall have been abated and the same shall be collected as other taxes are now collected, and when so collected shall be paid to said county, town or city to reimburse it for the amount so paid out for the destruction of rats, as aforesaid. (R. S. 1914, §7648 m.) Rat Day" — Proclamation. Sec. 5. The governor may annually, in the spring, designate by official proclamation, a day to be designated as "rat day," to be observed throughout the state as a day for exterminating and destroying rats about the homes and premises and public buildings and all other places, thus preventing the dissemina- tion of disease and the destruction of property. {R. S. 1914, §7648 n.) Rights of Officers. Sec. 6. Any health officer or any inspector appointed under the provisions of this act shall have the right, without a warrant to enter upon or into any land, place, building, structure or prem- ises suspected of being rat infested for the discovery or destruc- tion of rats, and any person or number of persons who shall ob- struct him in the performance of his duties shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than two (2) dollars nor more than ten (10) dollars. (R. S. 1914, §7649 o.) Penalty. Sec. 7. Any person, firm, co-partnership, company, corpora- tion, or school official, violating any of the provisions contained in section one of this act shall be guilty of a misdemeanor and up- on conviction shall be fined in any sum not less than ten (10) dollars nor more than one hundred (100) dollars. (R. S. 1914, §7649 p.) 90 State Fire Marshal — Schools — Teachers — Compulsory Fire Drill. . Sec. 14. It shall be the duty of the state fire marshal, his dep- uties and assistants to require teachers of public and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours. (R. S. 1914, §7441 n.) Penalty. Sec. 15. Any officer referred to in this act who neglects to comply with any of the requirements hereof shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, for each neglect or violation and in default of the payment thereof shall be imprisoned not to exceed thirty days. (R. S. 1914, §7441 o.) Fines Paid to State Treasurer. Sec. 16. All penalties, fees or forfeitures collected under the provisions of this act shall be paid into the treasury of the state for the benefit of the state fire marshal fund. (R. S. 1914, §7441 p.) [p. 555, Acts 1915.] Schools — Township and City Institutes — ^Attendance. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amend- ed to read as follows: Section 1. That section nine (9) of the above entitled act be amended to read as follows: Section 9. At least one Saturday in each month during which the public schools may be in progress shall be devoted to township and city institutes, or model schools for the improvement of teachers; and two Saturdays may be appropriated, at the discretion of the town- ship trustee of any township or the board of school trustees or board of school commissioners of any city. Such institute shall be pre- sided over by a teacher, or other person, designated by the trustee of the township, or by the city superintendent or other person designated by him. The township trustee, board of school trus- tees, or board of school commissioners, shall specify, in a written contract with each teacher, that such teacher shall attend the full session of each institute contemplated herein, or forfeit one 91 day's wages for every day's absence therefrom-, and for each day's attendance at such institute each teacher shall receive the same wages as for one day's teaching: Provided, That no teacher shall receive such wages unless he or she shall attend the full session of such institute and perform the duty or duties assigned: and, Provided, The provisions of this act shall not apply to school teach- ers who are engaged in teaching school on Saturdays. Repeal. Sec. 2. All laws and parts of laws in conflict with the pro- visions of this act are hereby repealed. Schools — Minimum Wages for Teachers. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amend- ed to read as follows: Section 1. That the daily wages of teach- ers for teaching in the public schools of the state shall not be less, in the case of beginning teachers, than an amount determined by multiplying two and one-half cents by the general average given such teacher on his highest grade of license at the time of con- tracting. For teachers having had a successful experience for one school year of not less than six months, the daily wages shall be not less than an amount determined by multiplying three cents by the general average given such teacher on his highest grade of license at the time of contracting. For teachers having had a successful experience for three or more school years of not less than six months each, the daily wages shall be not less than an amount determined by multiplying three and one-half cents by the gen- eral average given such teacher on his highest grade of license at the time of contracting. For teachers having had a successful ex- perience of five or more school years of not less than six months each, the daily wages shall be not less than an amount determined by multiplying four cents by the general average given such teach- er on his highest grade of license at the time of coutracting. All teachers now exempt from examination shall be paid, as daily wages for teaching in the public schools, not less than an amount determined by multiplying three and one-half cents by the gen- eral average of scholarship and success given such teacher: Provided, That the grade of scholarship accounted in each case be that given at the teacher's last examination, and that the grade of success accounted be that of the teacher's term last preceding the date of contracting: and, Provided, further, That two per cent. 92 shall be added to the teacher's general average of scholarship and success for attending the county institute the full number of days, and that said two per cent, shall be added to the average scholar- ship of beginning teachers. (R. S. 1914, §6599.) If a teacher is not paid the fuU amount of wages that is due under the law and the contract with the teacher, the remainder may be recovered from the school corporation. Rutherford School Tp. v. Craney, 99 N. E. Rep. 485. Contracts with teachers to pay more than the minimum wages fixed by statute cannot be enforced unless an appropriation has been made by the township advisory board to pay such excess. Mitchell Free Tp. v. Baker, 101 N. E. Rep. 1037. Qualifications of Teachers. Sec. 2. That section two (2) of the above entitled act be amended to read as follows: The qualifications required for teach- ing for the different classes shall be as follows : (a) A teacher without experience: Shall be a graduate of a high school or its equivalent. Shall have had not less than one term of twelve weeks' work in a school maintaining a professional course for the training of teachers : Provided, That completion of one year, or more, in a recognized college shall be accepted in lieu of twelve weeks' work in a school maintaining a professional course for the training of teachers. Shall have not less than a twelve months' license. (b) A teacher with one school year's experience: Shall be a graduate of a high school or its equivalent. Shall have not less than two terms or twenty-four weeks' work in a school maintain- ing a professional course for the training of teachers or the equiv- alent of such work: Provided, That the one year of college work optional for a teacher without experience shall be accepted as one of the required two terms of work, in this class. Shall have a two years' license. Shall have a success grade. (c) A teacher with three or more years' successful experience: Shall be a graduate of a high school or its equivalent. Shall be a graduate from a school maintaining a professional course for the training of teachers, or its equivalent. Shall have a three years' five years', eight years', or a life license. Shall have a success grade. (d) A teacher with five or more years' successful experience: Shall be a graduate of a high school or its equivalent. Shall be a graduate from a school maintaining a professional course for the training of teachers, or its equivalent. Shall have taught as a 93 class (c) teacher two or more years previous to entering this class. Shall have a three years', five years', eight years', or life license. Shall have a success grade: Provided, That for teachers already in the service, prior to August, 1908, successful experience in teaching shall be accepted as an equivalent for high school and professional training, as required by all the above classifications. (R. S. 1914, §6600.) Payment at Less Rate — Penalty. 3. If any school officer shall pay to any teacher for school services at a rate less than that fixed by this act, he shall be fined in any amount not exceeding $100.00 and shall be liable in a civil action for wages to such teacher at the rate provided in this act, which may be recovered by such teacher, together with an at- torney's fee of $25.00 in any court of justice of competent juris- diction. (R. S. 1914, §6601.) State Board of Education — Duties. 4. It shall be the duty of the state board of education, from time to time, to provide regulations which shall define the words ''high school" and "equivalent" in this act, it being the intent hereof that only such schools be recognized as high schools as maintain a standard of scholarship and efficiency and course of study to the approval of the state board of education, and that the word "equivalent" as used in this act shall mean such a course of study or training or the ability to pass such an examina- tion as in the judgment of the state board of education would as fully qualify the applicant for teaching as the qualification of high school or normal school work and the license respectively named above requires. (R. S. 1914, §6602.) Schools — Teachers' Examination. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amend- ed to read as follows: Section 1. That teachers in manual train- ing, domestic science and art, and kindergarten departments of the elementary and high schools, and teachers of German, music, drawing, agriculture, physical culture and other special branches of instruction shall be examined by the county superintendents of schools at the times of regular teachers' examinations upon the branch or branches they are employed to teach, and in case they 94 pass such examination successfully, and have met all the qualifi- cations required by law, or the equivalent thereof prescribed by the state board of education, they shall be licensed to teach such branch or branches for twelve (12), twenty-four (24), or thirty-six (36) months, according to the grades obtained upon such examin- ation. Such license, however, shall not legally qualify its holder for the teaching of any branch or branches not covered by said examination, and such teachers at the time of examination shall have their manuscripts in music, drawing, manual training, cook- ing, sewing, agriculture, kindergarten, and physical training sent to the state department of public instruction for grading upon the terms and conditions prescribed by law for grading of manu- scripts by the superintendent of public instruction. (R. S. 1914, §6388 a.) [p. 627, Acts 1915.] Schools — Examination for Teacher's License. Section 1. Be it enacted by the general assembly of the State of Indiana, That the county superintendent shall hold one public examination on the last Saturday of January, March, April, May, June, July, August, and October of each year, and at such ex- aminations, shall examine by a series of questions furnished by the state board of education, all applicants for license as teachers in the common schools of the state and that no special examinations shall be held. No examination shall extend over a period of more than two days, and all examinations shall be conducted in the im- mediate presence of the county superintendent or his representa- tive, pursuant to such institutions (instructions) and directions as the state board of education may provide. Before any applicant may be examined he shall produce to the county superintendent a certificate of good moral character from a school trustee of the county then in office, or other satisfactory written evidence of good moral character, which certificate or other evidence shall be marked "filed" on that date by such county superintendent and preserved as an office paper. All applicants for license in high school subjects and special branches, as hereinafter provided shall have their manuscripts sent to the state superintendent of public in- struction for gradation. All applicants for license in elementary school subjects, as hereinafter provided shall have the right to elect whether they will have their manuscripts graded by the county superintendent for county license or graded by the state superin- 95 tendent of public instruction for state license. Applicants for county license, shall if successful, receive license which shall be taken as qualifying the person to whom granted, so long as in force, to teach the subject or subjects indicated by the license in the elementary schools of the county wherein it is issued, and ap- plicants for state license shall, if successful, receive license which shall be taken as qualifying the person to whom granted so long as in force, to teach the subject or subjects indicated by the license anywhere within the state : Provided, however, A state license must be registered with the county superintendent of the county where-' in it is to be used and endorsed by said superintendent as regis- tered before the holder may legally contract to teach in any school corporation in the county. Applicants who send their manu- scripts to the state superintendent of public instruction for grada- tion, shall befoic the examination begins pay to the county sup- erintendent a fee of seventy-five cents (75c) for each manuscript to be sent. The county superintendent shall issue his receipt for all fees paid under the provisions of this act, and shall immediately send such fees, together with the manuscripts, to the state super- intendent of public instruction, who shall issue his receipt there- for to the county superintendent. The state superintendent of public instruction shall use such funds in the employment of a sufficient number of qualified persons to grade the manuscripts and perform the services incident to the operation of the license system instituted by this ai t. All manuscripts sent to the state superintendent of public instruction shall be designated by num- ber, and the state superintendent of public instruction shall re- fuse to receive any manuscript bearing the name of the appli- cant, or any other means of identification of the applicant. As soon as the manuscripts are graded and their success or failure determined, according to the requirements hereinafter provided, the state superintendent of public instruction shall re- port the success or failure of the manuscripts by number to the county superintendent, whereupon the county superintendent, shall immediately forward to the state superintendent of public instruction the names of the successful applicants in his county together with their success grades and any other data required by the state superintendent of public instruction for the purpose of issuing the license. Examination Studies. Sec. 2. Applicants for license to teach in the elementary schools shall be examined in orthography, reading, writing, arith- 96 metic, geography, English grammar, physiology and scientific temperance, United States history, literature, and the science of education, and in such additional branches as they are or may hereafter be legally required to teach. The examination for li- cense in the above named subjects may be divided according to such plan as may be devised by the state board of education, so that applicants may take one division on one examination, and if successful upon the first division, the second division at the next examination. Provided, however. That any applicant for such license shall have the right to take both divisions at the same ex- amination One fee shall be sufficient for both divisions, provided the ap- plicant does not fail in either division. Applicants for license in high school subjects shall be examined in as many subjects as they desire to take from the list of subjects offered by the state board of education, Provided, however, All applicants shall be examined in the science of education. Applicants for supervisor's and special teacher's license in agriculture, industrial arts, domestic science, kindergarten, music, drawing, physical culture, or other special branches required to be taught shall be examined in such subjects as they elect from the foregoing list or such additional special branches as may be provided. State Board of Education — Fixing Averages. Sec. 3. The state board of education shall determine the grades and averages required for issuing licenses, and whenever an applicant shall be found upon examination to possess knowledge sufficient in the judgment of the county superintendent or state superintendent to entitle him to a license in the subject or sub- jects in which he is examined, he shall be issued a county license or a state license for twelve months, twenty-four months, or thirty-six months, according to the requirements established; Provided, That licenses issued upon the October examination for less than twenty-four months, shall expire July 31 of the year following the examination; and Provided, further, That any ap- plicant for license in elementary subjects who fails in only two subjects shall be conditioned and allowed to write upon such sub- jects at the next regular examination during the current year. The general average of the branches shall indicate the appli- cant's academic standing, which shall be the basis of issuing a li- cense to a teacher without experience. The general average of the branches and the per cent, placed upon the applicant's school 97 room success shall count one-half in determining the average of a teacher who is entitled to a success grade; Provided, however, That the success grade last issued shall be taken as the legal suc- cess grade. Temporary Teaching Permits. Sec. 4. County superintendents are hereby authorized to is- sue at their discretion temporary county permits to teach, dated to expire on the date of the next succeeding general examination, Provided, That such permit shall not be issued unless the appli- cant has met the minimum professional training requirements fixed by law, as shown by the proper certificate; Provided, further, That such permit shall not be issued to any one who has failed on any regular examination during the examination year preceding the date of application; and Provided, further. That such permits may be issued only upon request of school boards or township trus- tee to teachers employed by them. County permits issued upon the above named conditions shall be accepted as legal qualifica- tions to teach; for the purpose of classifying teachers, a county permit shall be equivalent to a twelve months' license with an average of 85%. Professional License — Eight Year Term. Sec. 5. Any person now possessing a thirty-six months' license, whose next consecutive license shall be for a term of thirty- six months, or any person who shall hereafter receive two licenses in succession each for thirty-six months, may receive upon the ex- piration of such several licenses, a license for the term of eight years upon examination held by the state board of education. Such li- cense shall be issued only upon the approval of the state board of education, and shall be styled a professional license, and shall en- title the holder to teach in any of the schools of this state. Exemption from Examination. Sec. 6. Any person who has previously taught for six (6) consecutive years in the common schools of the state, or who shall hereafter complete for six (6) consecutive years of experi- ence in such schools, and who shall at this time hold a thirty- six months' license to teach in the elementary or high schools of the state, or who shall hereafter obtain such thirty-six months' license to teach therein, so long as he shall teach the branch or 7—4343 98 branches upon which the license was issued, shall be forever after- ward exempt from examination, but if such person shall, after said exemption occurs, suffer a period of one year to pass without hav- ing taught one full school year in the common schools of the state within said period or served in said schools, except in case of physi- cal disability, properly certified to by a reputable physician, or except in case of attending for a full school year a recognized uni- versity, college or normal school, then said exemption shall cease. If said person during such exemption, shall seek employment to teach other or higher branches in the common schools of the state than those branches which were included in the examination upon which the thirty-six months' license was issued, then he shall be examined in such additional branches. The exemption shall ap- ply to all thirty-six months' county licenses issued prior to September 1, 1915, and expiring thereafter, and to all thirty-six months' state licesnes: Provided, That an exemption acquired upon a license issued by a county superintendent shall be limited to the county in which such license was issued. An applicant for a state exemption shall present a certified statement from a county superintendent showing where and when such teacher has taught, and the license upon which the request for exemption is based. If the exemption is granted, the superintendent of public instruc- tion shall attach the exemption to the original license. Previous Exemptions in Force. Sec. 7. All exemptions heretofore acquired shall remain in full force so long as the holders thereof shall comply with the terms of section 6 of this act. Schedule of Items. Sec. 8. The state superintendent of public instruction is hereby required to provide from time to time such schedule of items as should in his judgment, enter into the record and grad- ing of a teacher's success by the city, town, and county superin- tendent of schools. Grade of Success — ^Who Determines. Sec. 9. The county superintendent shall determine the grade of success of teachers employed in the township schools, and the superintendents of incorporated school cities and school towns shall determine the grade of success of teachers employed in such 99 corporation. For the purpose of determining such success grades, city, town, and county superintendents are required to visit each year the teachers under their charge and supervision and make personal inspection of the work of such teachers, and each school superintendent shall issue over his signature and deliver to each teacher under his supervision, not later than July 1st, each year such statement of the success of each as is contemplated herein, and shall keep on file in a permanent record book, duplicate of all such statements; also, city and town superintendents shall file with the county superintendent duplicates of all success grades within ten days after their date of issuance. A teacher's suc- cess grade so issued shall be his legal success grade for one year from the date of its issuance. Unfair Grading. Sec. 10. The state superintendent of public instruction is hereby authorized to investigate and revise such cases of unfair grading in the items of a teacher's success as may be brought to his attention in a written appeal, make (made) and sworn to before any person authorized to administer oaths, not later than thirty days after the issuance of said grade. All such sworn statements and papers relating to the case shall be filed with the county sup- erintendent of schools, and shall by him be forwarded to the state superintendent of public instruction within ten days after the filing of such appeals. Records of County Superintendents. Sec. 11. The county superintendent shall keep a record of minutes of his proceedings, and shall deliver such record, and all other books, papers, and property appertaining to his office to his successor. He shall also keep a record of all applicants for li- cense and the kind and length of the license issued to each success- ful applicant, as well as the names of the teachers whose li- censes he revokes. He shall report to the state superintendent of public instruction the names of those whose licenses he re- vokes and the date of such revocation. Report of State Superintendent. Sec. 12. The state superintendent of public instruction shall keep a complete record of all fees and manuscripts received by him, and also, a record of all licenses issued by him, showing the name 100 of the person to whom issued and for how long, and the grades re- ceived by the apphcant. He shall make an annual report under oath to the governor giving an itemized statement of the receipts and disbursements of moneys contemplated by this act, stating for what paid and to whom paid, and he shall take receipts for all expenditures, which receipts shall be kept on file. Fees on Hand — State Treasury. Sec. 13. On December 31st of each year, if the state superin- tendent of public instruction shall have on hand any balance after all expenses incurred in performing the services contemplated in this act have been paid, as hereinbefore provided, he shall pay said balance to the treasurer of state, who shall credit same to the state common school tuition fund. Act Effective. Sec. 14. The provisions of this act shall become effective September 1, 1915, but nothing in this act shall effect the validity of any license granted prior to the above date. Repeal. Sec. 15. All laws or parts of laws in conflict herewith, are hereby repealed. [p. 128, Acts 1915.] Teachers — Pension Fund — Control — Assessment — Levy. Section 1. Be it enacted hy the general assembly of the State of Indiana, That section three (3) of the above entitled act be and the same is hereby amended to read as follows: Section 3. Such board of trustees shall have full charge and control of the teach- ers' pension fund of such city, with power to adopt and enforce all needful regulations governing the same, not inconsistent with this, act. Said fund shall be derived from the following sources: First. All moneys that may be given to said board of trustees or to said fund or to the board of school commissioners of such city, for the use of said board of trustees of teachers' pension fund, by any person or persons. Such board of trustees may take by gift, grant, devise or bequest, any money, choses in action, personal property, real estate or any interest therein, and any such gift, grant, devise or bequest may be absolute or upon condition that 101 only the rent, profits and income arising from the same shall be applied to the uses and purposes of said fund. Such board of trustees shall be authorized to take such gift, grant, devise or be- quest under and by the style of the board of trustees of the teachers' pension fund, of such city, and to hold the same or as- sign, transfer or sell the same, whenever proper and necessary un- der and by such name. Second. Every teacher shall be assessed upon his or her salary as follows: One per centum per annum (but not more than $10) upon the salary of every teacher who shall not have taught in ex- cess of fifteen (15) years; and two per centum per annum (but not to exceed $20) upon the salary of every teacher who shall have taught longer than fifteen (15) years: Provided, however, That such assessment shall not be made prior to the first day of September, 1907. And the assistant treasurer of such board of trustees shall prepare a roll of each of said assessments and place opposite the name of every teacher the amount of assessment against him or her, and shall furnish a copy of such roll to the treasurer, and the treasurer of said board shall, in November and April of each school year, deduct and retain out of the salary going to such teacher the amount of such assessment, and shall give him or her credit for the same to the credit of said teachers' pension fund. Every teacher of such city receiving a salary of four hundred fifty dollars ($450) a year or more shall pay such assessment, and in becoming a teacher he or she shall be conclusively deemed to un- dertake and agree to pay the same, and to have such assess- ment deducted from his or her salary as hereinbefore provided. Third. The board of school commissioners of such city shall levy each year, in addition to all other taxes authorized by law, a special tax of one and one-fourth cents upon each one hundred dollars of taxable property in the city, which sum shall be col- lected as other taxes are collected by law, and which shall be credited by the treasurer of such city to the said teachers' pension fund, and shall not be used or devoted to any other than the pur- pose of said fund: Provided, however. Said board of school com- missioners may reduce said special tax to one cent upon each one hundred dollars of taxable property after a period of ten (10) years after September 1, 1914, if in its opinion, the accumulated fund derived as foresaid is sufficient to justify such action. Noth- ing in this act shall be deemed to take from said board of school commissioners the powers now given to said board in relation to the levy of .taxes under existing statutes. 102 Fixing Pensions. Sec. 2. That section six (6) of the above entitled act be and the same is hereby amended to read as follows: Section 6. Said teachers' pension fund shall be used and devoted in the man- ner and to the purposes following: First. The maximum pension to be paid any teacher shall be six hundred dollars ($600.00) per annum, which amount shall be based upon a service of forty (40) years as such teacher and every pensioner and beneficiary of said fund shall be entitled to and shall receive such percentage of said sum of $600 as the number of years of teaching of said pensioner and beneficiary, shall bear to the term of forty years, subject, however, to all the provisions of this act. Second. Any aged, infirm, diseased or disabled teacher, who is now or hereafter may be teaching in the public schools of such city, having served as such teacher for not less than fifteen years, shall be entitled to receive a disability pension: Provided, Such board of trustees shall find that he or she is entitled to the same by reason of such age, disease, infirmity or diability, and after such applicant for a pension shall have been examined by a physi- cian selected for such purpose by said .board of trustees, the exam- ination fee or charge of such physician shall be paid by the appli- cant : and Provided, /wither. That no such pension shall be paid un- til any sick pay allowed or provided for by the board of school commissioners of such city shall have ceased. Third. Any teacher who is now or hereafter may be teaching in the public schools of such city, and shall have taught for not less than twenty-five (25) years, may be pensioned upon application to said board of trustees, or may be pensioned by such board with- out such application and shall thereafter receive a pension during the remainder of his or her life, subject, however, to all the con- ditions contained in this act: Provided, That such pensioner shall have paid into said fund, by way of assessment or otherwise, not less than one-third (|) of the amount to which he or she shall be entitled per annum as a pension. And in order to make up such one-third, the board of trustees may order the treasurer to de- duct one-half thereof from each of the first two years of such pension: Provided, further. Any teacher who has taught not less than twenty-five (25) years as aforesaid but who shall have re- tired prior to the taking effect of this act, to wit, on the ninth day of March, 1-907, shall be entitled to the benefits of said pension 103 fund in the same amount and upon the same conditions as if they were still teaching at the time said act took effect on March 9, 1907: Provided, however, further. That inasmuch as such teach- ers never contributed by way of assessment to said fund, never having had an opportunity to do so, that the amount of their pen- sion benefits shall be paid exclusively out of the moneys contrib- uted by such city from the taxes, and no part of said fund con- tributed by the assessment of teachers shall be used for paying pen- sions to such teachers; nothing herein contained shall be con- strued as entitling teachers who retired prior to March 9th, 1907, to the disability pension, as provided in clause two of this section; nor shall anything herein be construed as entitling said teachers who retired prior to March 9, 1907, aforesaid, to a pen- sion prior to the passage of this amendment. Provided, further. That no pension of any kind provided herein for teachers who re- tired prior to March 9, 1907, shall accrue, or be payable or paid prior to June 1, 1916, when the additional levy becomes avail- able. Teacher's Pension Fund — Terre Haute — Board of Com- missioners. Section 1. Be it enacted hy the general assembly of the State of Indiana, That in every city in the State of Indiana, having a population of not less than 55,000 nor more than 60,000 accord- ing to the last preceding United States census, t^here shall be, and is hereby created a teachers' retirement fund, which shall be gov- erned and managed by a board of commissioners, to be composed of of five members, as follows : The president of the board of school trustees of such city, the superintendent of public schools, one principal and two teachers regularly employed in the public schoools of such city. Said principal and teachers shall be selected at a meeting of the public school teachers of such city on the fourth Saturday of March, 1913, in such manner and at such place or places as shall be de- termined and designated by the board of school trustees of such city; and thereafter there shall be selected on the fourth Satur- day of March of each year one principal and two teachers as mem- bers of such board of commissioners. The commissioners shall hold their office until their successors shall be selected or elected as above set forth. In the event of a vacancy upon said board oc- casioned by the death, resignation or disability of either of said 104 principal or teachers, then the pubhc school teachers of said city- shall, within a reasonable time, upon the call of the president of said board of commissioners, hold a special meeting and elect a successor or successors. A majority of said commissioners shall constitute a quorum for the transaction of business pertaining to said retirement fund. Said commissioners shall receive no pay for their services as such, except the secretary and assistant treasurer, each of whom may be paid such sums for services as may be fixed by the board of commissioners: Provided, however, That if any one shall act as such secretary or assistant treasurer who shall re- ceive any of the benefits of said retirement fund, as hereinafter provided, the amount of the salary so received by such secretary or assistant treasurer shall be deducted from the amount to which he or she would otherwise be entitled as a beneficiary. (R. S. 1914, §6555 r.) Duties of Board and Officers. Sec. 2. Said board of commissioners shall elect from among its number a president, vice-president and secretary. The president shall preside at the meetings of the board and perform all other duties usual to such office. The vice-president shall perform the duties of the president in his absence. It shall be the duty of the secretary to keep a true and accurate account of the proceedings of said board of commissioners, and of the teachers of such city when acting upon matters with relation to said fund, and to turn over to his or her successor all books and papers pertaining to such office. The secretary of the superintendent of schools of such city shall act as assistant treasurer, and it shall be his or her duty to keep a true and correct statement of the account of each member with said retirement fund, to collect and turn over to the treas- urer of said board all moneys belonging to said fund, and to ren- der to the board a monthly account of his or her doings. He or she shall furnish bond in such amount as shall be determined and re- quired by said board of commissioners and the board of com- missioners shall allow him or her such compensation for his or her services as it may deem proper. The treasurer of such city shall be ex-officio the treasurer of said board of commissioners, and he shall receive and hold all moneys belonging to such treasurer's retirement fund; he shall have the custody of all notes, bonds and other securities belonging to said fund, and shall collect the prin- cipal and interest of the same and shall be liable on his bond as such city treasurer for the performance of all the duties imposed 105 upon him by this act and for the faithful accounting of all moneys and securities, including both principal and interest which may come into his hands and which shall belong to such retirement fund. And he shall keep a separate account which shall show at all times the true condition of such funds. Said treasurer shall, up- on the expiration of his term of office, account to said board of commissioners for all moneys, notes, bonds, and other securities coming into his hands, and for the interest, income, profits, rentals and proceeds of and from the same, and he shall turn over to his successor all moneys, notes, bonds and other securities belonging to said fund. The secretary, treasurer and assistant treasurer shall make a full, true and accurate report of their offices and trusts at each annual meeting of such teachers in March of each year. Their books shall at all times be open to inspection or ex- amination. (R. S. 1914, §6555 s.) Pension Fund — How Controlled. Sec 3. Such board of commissioners shall have full charge and control of the teachers' retirement fund of such city with power to adopt and enforce all needful regulations governing the same, not inconsistent with this act. Such fund shall be derived from the following sources: First. All money that may be given to said board of com- missioners or to said fund or to the board of school trustees of such city, for the use of said board of commissioners of teachers' retirement fund, by any person or persons. Such board of com- missioners may take by gift, grant, devise or bequest, any money choses-in-action, personal property, real estate, or any interest therein, and any such gift, grant, devise or bequest, may be ab- solute, or upon the condition that only the rent, profits and in- come arising from the same shall be applied to the uses and pur- poses of said fund. Such board of commissioners shall be author- ized to take such gift, grant, devise or bequest, under and by the style of the board of commissioners of the teachers' retirement fund, of such city, and to hold the same, or assign, transfer or sell the same, whenever proper and necessary, under and by such name. Second. Every teacher electing to accept the provisions of this act shall be assessed upon his or her salary as follows: For the first twelve years of teaching service, $10.00 per year; for the next eight years of teaching service, $20.00 per year; for each sub- sequent year of teaching service, not exceeding thirty years in all, 106 .00 per year. Members who have paid the fees for thirty- years of teaching service, shall not be required to pay any addi- tional fees however long thereafter they may remain in the em- ploy of the board of school trustees. These rates shall be paid in equal payments corresponding with the second, fourth, sixth and eighth months of the year for which teachers' salaries are paid. Teachers accepting the provisions of this act shall be required to pay arrearages at the above rate with interest at 4% per annum for such time of service as they are authorized to have recognized under the provisions of this act: Provided, That any teacher entitled, under the provisions of this act, to a credit for one or more years of teaching service at the time when he or she elects to accept the provisions of this act, may waive his or her right to such credit and pay only current rates from the time when the membershiD begins, and receive no credit for previous service. Such arrearages may be paid in cash during the first year or inay be paid in five equal installments with interest at the rate of 5% per annum, payable annually, upon the deferred installments; and in case the latter option is taken, interest upon the deferred installments shall commence at the end of the first year after electing to accept the provisions of this act: Provided, further, That in case any teacher is retired before he or she has paid in fees a sum equal to one-half of the maximum annuities to which he or she would be entitled, then and in that case there shall be de- ducted from the annuity to be paid to such retired teacher dur- ing the first year, such sum as will make the total amount paid by such teacher one-half of the maximum annuity to which he or she is entitled and the remainder of fees or arrearages due or to be paid by such retired teacher shall be payable in installments as hereinbefore set forth. Third. The board of school trustees of such city shall levy each year, in addition to all other taxes authorized by law, a special tax of one-fourth (1) of one mill upon each one dollar ($1,00) of taxable property in the city, which sum shall be collected as other taxes are collected by law, and which shall be credited by the treasurer of such city to the said teachers' retirement fund, and shall not be used or devoted to any other than the purposes of said fund. And nothing in this act shall be deemed to take from said board of school trustees the powers now given to said board in relation to the levy of taxes under existing statutes. (R. S. 1914, §6555 t.) 107 Funds — How Invested. Sec. 4. The board of commissioners of such teachers' re- tirement fund shall determine what part of said fund may be safe- ly invested, and how much shall be retained for the immediate needs, demands and exigencies of said fund. Such investment shall be made: (1) In interest-bearing bonds of the United States, or of the State of Indiana, or in any bond lawfully issued by any state or county, township, city or other municipal corporation, either within or without the State of Indiana; (2) loans, secured by moi'tgage upon real estate within the county wherein such city is located, which loans shall not be in excess of fifty per centum of the appraised value of such real estate. All bonds, mort- gages and other securities shall be deposited with and remain in the custody of the treasurer of said board, who shall collect all interest due thereon and all the income therefrom, as the same shall become due and payable. (R. S. 1914, §6555 u.) Sinking Fund. Sec. 5. The board of commissioners of such teachers' re- tirement fund shall establish a sinking fund, to the credit of which shall be put and deposited all gifts, grants, devises and bequests, and the unexpended balance remaining at the expiration of each fiscal year, and such sinking fund shall be and remain a per- manent fund, and no part thereof shall be expended except the in- terest and income thereof and therefrom: Provided, That one- half of the amount added to such sinking fund any year may be used, if necessary, during the year immediately following. (R. S. 1914, §6555 V.) Pensions — How Classified. Sec. 6. Said teachers' retirement fund shall be used and de- voted in the manner and for the purposes as follows: Any per- son electing the provisions of this act who shall have rendered twenty years or more of teaching service in the public schools, twelve of which may have been in public schools outside of said city of not less than 55,000 nor more than 60,000 inhabitants, according to the last preceding United States census, who ceases to be in the employ of the board of school trustees from any cause, shall be entitled to an annuity in accordance with the follow- ing schedule : 108 For 20 years of service $300 00 For 21 years of service 325 00 For 22 years of service 350 00 For 23 years of service 375 00 For 24 years of service , 400 00 For 25 years of service 430 00 For 26 years of service 460 00 For 27 years of service 490 00 For 28 years of service 525 00 For 29 years of service 560 00 For 30 or more years of service 600 00 Provided That no teacher in the service of said board of school trustees at the time of the passage of this act may be credited with more than twenty-five (25) years of service. Such annuities shall be paid in four equal payments as follows: On January first, April first, July first and October first, of each year. In the event that any teacher electing the provisions of this act for any reason leaves the services of the board of school trustees before said teacher has been credited with twenty (20) years of service, such teacher shall be entitled to withdraw from the treas- ury of said teachers' retirement fund, such sum as will equal all payments made by such teacher into the treasury of this fund as fees, without interest: Provided, further, That in the event that such teacher subsequently returns to the employ of the board of school trustees, such teacher shall be required to refund to said fund the amount so withdrawn, with interest thereon at the rate of 5 per cent, per annum, such sum to be so refunded with- in one (1) year from the date of his or her return to service in the schools of said city of not less than 55,000 nor more than 60,000 inhabitants. In the event of the death of any teacher electing the provisions of this act, before such teacher has been retired upon an annuity, then and in that case the heirs or legatees of such deceased teacher shall be entitled to a sum out of said fund equal to the sum paid into said fund by such deceased teacher, without interest: Provided, further, That no teacher retiring before being credited with thirty (30) years of service may be en- titled to an annuity unless such teacher be granted such annuity by the board of commissioners of said retirement fund at the time of such retirement. (R. S. 1914, §6555 w.) 109 Time of Service — How Computed. Sec. 7. In computing years of service, as provided in this act, the board of commissioners may include service as a public school teacher rendered outside of such city, not, however, in excess of twelve years, as a portion of such services necessary before any teacher shall be entitled to any of the benefits of this act: Pro- vided, That nothing in this section shall affect the amount or amounts to be paid into such retirement fund by teachers before being entitled to an annuity. And any teacher may be given a leave of absence for study, professional improvement or tempor- ary disability, not exceeding one (1) year in seven (7), and shall be regarded as a teacher and entitled to the benefits of this act: Provided, That during such absence he or she continues to pay in- to such fund the amount of a"fesessment payable by such teacher as provided in the schedule in section 6 of this act. (R. S. 1914, §6555 X.) Services Before Passage of Act. Sec. 8. In computing time, under the provisions of this act, such time shall include services rendered before, as well as after, the taking effect of this act. And the full term or year of school in the corporation in which such service was rendered shall con- stitute a year of service under this act. (R. S. 1914, §6555 y.) By-Laws for Management. Sec. 9. The board of commissioners shall have the power and authority to make all necessary by-laws providing for the election of such commissioners to be elected as in this act pro- vided, the counting and canvassing of the votes for the same, their meetings, for the collection of all moneys and other property com- ing or belonging to said fund, and all other matters connected with the care, preservation and disbursements of the same, and the proper execution of the purposes and provisions of this act. And any annuity authorized by the board under this act shall be subject to reduction by said board of commissioners whenever in its judgment the condition of the retirement fund renders such reduction proper or necessary, and any annuity so reduced may thereafter be restored or increased, as such board may deem best. (R. S. 1914, §6555 z.) no Pensions Exempt from Levy. Sec. 10. All annuities granted and payable out of said teach- ers' retirement fund shall be and are exempt from seizure or levy upon attachment, execution, supplemental process and all other process, whether mesne or final; and such annuities or any pay- ment of the same shall not be subject to sale, assignment or transfer by any beneficiary and such transfer shall be absolutely void. (R. S. 1914, §6555 a. 1.) Definition. ^ Sec. 11. The term ''teacher" as used in this act shall mean and include the superintendent of schools, the secretary to the superintendent, any principal, assistant principal, assistant super- intendent, supervisor, assistant supervisor, person in charge of any special department of instruction, and any teacher or in- structor now or hereafter regularly employed as such by the board of school trustees of such city. (R. S. 1914, §6555 b. 1.) Repeal. Sec. 12. All laws and parts of laws in conflict with any of the provisions of this act are hereby repealed. Teachers' Pensions— Cities 20,000 to 100,000— Board. Section 1. Be it enacted by the general assembly of the State of Indiana, That in every city in the State of Indiana having a population of not less than 20,000 nor more than 100,000 accord- ing to the last preceding United States census, there may be created a teachers' retirement fund, which shall be governed and managed by a board of commissioners, to be composed of five members, as follows : The president of the board of school trustees of such city, the superintendent of public schools, one principal and two teach- ers regularly employed in the public schools of such city. Said principal and teachers shall be selected at a meeting of the public school teachers of such city on the fourth Saturday of March, 1913, in such manner and at such place or places as shall be determined and designated by the board of school trustees of such city; and thereafter there shall be selected on the fourth Saturday of March of each year one principal and two teachers as members of such board of commissioners. The commissioners shall hold their offices until their successors shall be selected or Ill elected as above set forth. In the event of a vacancy upon said board occasioned by the death, resignation or disability of either of said principal or teachers, then the public school teachers of said city shall, within a reasonable time, upon the call of the president of said board of commissioners, hold a special meeting and elect a successor or successors. A majority of said com- missioners shall constitute a quorum for the transaction of business pertaining to said retirement fund. Said commissioners shall receive no pay for their services as such, except the secretary and assistant treasurer, each of whom may be paid such sums for services as may be fixed by the board of commissioners: Pro- vided, however, That if anyone shall act as such secretary or as- sistant treasurer who shall receive any of the benefits of said re- tirement fund, as hereinafter provided, the amount of the salary so received by such secretary or assistant treasurer shall be deducted from the amount to which he or she would otherwise be entitled as a beneficiary. (R. S. 1914, §6555 c 1.) Officers of Board — Duties. Sec. 2. Said board of commissioners shall elect from among its number a president, vice-president and secretary. The presi- dent shall preside at the meetings of the board and perform all other duties usual to such office. The vice-president shall per- form the duties of the president in his absence. It shall be the duty of the secretary to keep a true and accurate account of the proceedings of said board of commissioners, and of the teach- ers of such city when acting upon matters with relation to said fund, and to turn over to his or her successor all books and pa- pers pertaining to such office. The secretary of the superintend- ent of schools of such city shall act as assistant treasurer, and it shall be his or her duty to keep a true and correct statement of the account of each member with said retirement fund, to collect and turn over to the treasurer of said board all moneys belonging to said fund, and to render to the board a monthly account of his or her doings. He or she shall furnish bond in such amount as shall be determined and required by said board of commissioners and the board of commissioners shall allow him or her such com- pensation for his or her services as it may deem proper. The treasurer of such city shall be ex-officio the treasurer of said board of commissioners, and he shall receive and hold all moneys belonging to such teachers' retirement fund; he shall have the custody of all notes, bonds and other securities belonging to 112 said fund, and shall collect the principal and interest of the same and shall be liable on his bond as such city treasurer for the per- formance of all the duties imposed upon him by this act and for the faithful accounting of all moneys and securities, including both principal and interest which may come into his hands and which shall belong to such retirement fund. And he shall keep a separate account which shall show at all times the true condition of such fund. Said treasurer shall, upon the expiration of his term of office, account to said board of commissioners for all moneys, notes, bonds, and other securities coming into his hands, and for interest, income, profits, rentals and proceeds of and from the same, and he shall turn over to his successor all moneys, notes, bonds and other securities belonging to said fund. The secretary, treasurer and assistant treasurer shall make a full, true and accurate report of their offices and trusts at each annual meeting of such teachers in March of each year. Their books shall at all times be open to inspection or examination. (R. S. 1914, §6555 d 1.) Rules and Regulations. Sec. 3. Such board of commissioners shall have full charge and control of the teachers' retirement fund of such city with power to adopt and enforce all needful regulations governing the same, not inconsistent with this act. Such fund shall be derived from the following sources: First. All moneys that may be given to said board of com- missioners or to said fund or to the board of school trustees of said city, for the use of said board of commissioners of teachers' retirement fund, by any person or persons. Such board of com- missioners may take by gift, grant, devise or bequest, any money, choses-in-action, personal property, real estate, or any interest therein, and any such gift, grant, devise or bequest, may be ab- solute, or upon the condition that only the rent, profits and in- come arising from the same shall be applied to the use and pur- poses of said fund. Such board of commissioners shall be au- thorized to take such gift, grant, devise or bequest, under and by the style of the board of commissioners of the teachers' retire- ment fund, of such city, and to hold the same, or assign, transfer or sell the same, whenever proper and necessary, under and by such name. Second. Every teacher electing to accept the provisions of this act shall be assessed upon his or her salary as follows: For 113 the first twelve years of teaching service, $10.00 per year; for the next eight years of teaching service, $20.00 per year; for each subsequent year of teaching service, not exceeding thirty years in all, $25.00 per year. Members who have paid the fees for thirty years of teaching service, shall not be required to pay any additional fees however long thereafter they may remain in the employ of the board of school trustees. These rates shall be paid in equal payments corresponding with the second, fourth, sixth and eighth months of the year for which teachers' salaries are paid. Teachers accepting the provisions of this act shall be required to pay arrearages at the above rate with interest at 4% per an- num for such time of service as they are authorized to have recog- nized under the provisions of this act, provided that any teacher entitled, under the provisions of this act, to a credit for one or more years of teaching service at the time when he or she elects to accept the provisions of this act, may waive his or her right to such credit and pay only current rates from the time when the membership begins, and receive no credit for previous service. Such arrearages may be paid in cash during the first year or may be paid in five equal installments with interest at the rate of 5% per annum, payable annually, upon the deferred installments; and in case the latter option is taken, interest upon the deferred installments shall commence at the end of the first year after electing to accept the provisions of this act: Provided, further, That in case any teacher is retired before he or she has paid in fees a sum equal to one-half of the maximum annuities to which he or she would be entitled, then and in that case there shall be de- ducted from the annuity to be paid to such retired teacher dur- ing the first year, such sum as will make the total amount paid by such teacher one-half of the maximum annuity to which he or she is entitled and the remainder of fees or arrearages due or to be paid by such retired teacher shall be payable in installments as hereinbefore set forth. Third. The board of school trustees of such city shall levy each year, in addition to all other taxes authorized by law, a special tax of one-fourth (J) of one mill upon each one dollar ($1.00) of taxable property in the city, which sum shall be collected as other taxes are collected by law, and which shall be credited by the treasurer of such city to the said teachers' retirement fund, and shall not be used or devoted to any other than the purposes of said fund. And nothing in this act shall be deemed to take from 8 — 4343 114 said board of school trustees the powers now given to said board in relation to the levy of taxes under existing statutes. (R. S. 1914, §6555 e 1.) Fund Invested. Sec. 4. The board of commissioners of such teachers' re- tirement fund shall determine what part of said fund may be safely invested, and how much shall be retained for the immedi- ate needs, demands and exigencies of said fund. Such invest- ment shall be made: (1) In interest-bearing bonds of the United States, or of the State of Indiana, or in any bond lawfully issued by any state or county, township, city or other municipal corp- oration, either within or without the State of Indiana; (2) loans, secured by mortgage upon real estate within the county wherein such city is located, which loans shall not be in excess of fifty per- centum of the appraised value of such real estate. All bonds, mortgages and other securities shall be deposited with and re- main in the custody of the treasurer of said board, who shall col- lect all interest due thereon and all the income therefrom, as the same shall become due and payable. (R. S. 1914, §6555 f 1.) Sinking Fund. Sec. 5. The board of commissioners of such teachers' re- tirement fund shall establish a sinking fund, to the credit of which shall be put and deposited all gifts, grants, devises and bequests and the unexpended balance remaining at the expiration of each fiscal year, and such sinking fund shall be and remain a perman- ent fund, and no part thereof shall be expended except the in- terest and income thereof and therefrom: Provided, That one- half of the amount added to such sinking fund any year may be used, if necessary, during the year immediately following. (R. S. 1914, §6555 g 1.) Annual Pensions. Sec. 6. Said teachers' retirement fund shall be used and de- voted in the manner and for the purposes as follows : Any person electing the provisions of this act who shall have rendered twenty years or more of teaching service in the public schools, twelve of which may have been in public schools outside of said city of not less than 20,000 nor more than 100,000 inhabit- ants, according to the last preceding United States census, who 115 ceases to be in the employ of the board of school trustees from any cause, shall be entitled to an annuity in accordance with the fol- lowing schedule: For 20 years of service $300 00 For 21 years of service 325 00 For 22 years of service 350 00 For 23 years of service '. . 375 00 For 24 years of service 400 00 For 25 years of service 430 00 For 26 years of service 460 00 For 27 years of service 490 00 For 28 years of service 525 00 For 29 years of service 560 00 For 30 or more years of service 600 00 Provided, That no teacher in the service of said board of school trustees at the time of the passage of this act may be credited with more than twenty-five (25) years of service. Such annuities shall be paid in four equal payments as fol- lows: On January first, April first, July first and October first, of each year. In the event that any teacher electing the provisions of this act for any reason leaves the services of the board of school trus- tees before said teacher has been credited with twenty (20) years of service, such teacher shall be entitled to withdraw from the treasury of said teachers' retirement fund, such sum as will equal all payments made by such teacher into the treasury of this fund as fees, without interest. Provided, further. That in the event that such teacher sub- sequently returns to the employ of the board of school trustees, such teacher shall be required to refund to said fund the amount so withdrawn, with interest thereon at the rate of 5 per cent, per annum, such sum to be so refunded within one (1) year from the date of his or her return to service in the schools of said city of not less than 20,000 nor more than 100,000 inhabitants. In the event of the death of any teacher electing the provisions of this act, be- fore such teacher has been retired upon an annuity, then and in that case the heirs or legatees of such deceased teacher shall be entitled to a sum out of said fund equal to the sum paid into said fund by such deceased teacher, without interest. Provided, further, That no teacher retiring before being credited with thirty (30) years of service may be entitled to an annuity 116 unless such teacher be granted such annuity by the board of com- missioners of said retirement fund at the time of such retirement. (R. S. 1914, §6555 h 1.) Years of Service — How Computed. Sec. 7. In computing years of service, as provided in this act, the board of commissioners may include service as a public school teacher rendered outside of such city, not, however, in excess of twelve years, as a portion of such services necessary be- fore any teacher shall be entitled to any of the benefits of this act: Provided, That nothing in this section shall affect the amount or amounts to be paid into such retirement fund by teachers before being entitled to an annuity. And any teacher may be given a leave of absence for study, professional improvement or temporary disability, not exceeding one (1) year in seven (7), and shall be re- garded as a teacher and entitled to the benefits of this act: Pro- vided, That during such absence he or she continues to pay into such fund the amount of assessment payable by such teacher as provided in the schedule in section six (6) of this act. (R. S. 1914, §6555 i 1.) Definition. Sec. 8. In computing time, under the provisions of this act, such time shall include services rendered before, as well as after, the taking effect of this act. And the full term or year of school in the corporation in which such service was rendered shall con- stitute a year of service under this act. (R. S. 1914, §6555 j 1.) Election of Commissioners — By-Laws. Sec. 9. The board of commissioners shall have the power and authority to make all necessary by-laws providing for the election of such commissioners to be elected as in this act pro- vided, the counting and canvassing of the votes for the same, their meetings, for the collection of all moneys and other property coming or belonging to said fund, and all other matters connected with the care, preservation and disbursement of the same, and the proper execution of the purposes and provisions of this act. And any annuity authorized by the board under this act shall be subject to reduction by said board of commissioners whenever in its judgment the condition of the retirement fund renders such reduction proper or necessary, and any annuity so reduced may thereafter be restored or increased, as such board may deem best. (R. S. 1914, §6555 kl.) 117 Pensions Exempt from Attachment. Sec. 10. All annuities granted and payable out of said teach- ers' retirement fund shall be and are exempt from seizure or levy upon attachment, execution, supplemental process and all other process, whether mesne or final; and such annuities or any pay- ment of the same shall not be subject to sale, assignment or trans- fer by any beneficiary and such transfer shall be absolutely void. (R. S. 1914, §6555 1 1.) Definition of "Teacher." Sec. 11. The term "teacher" as used in this act shall mean and include the superintendent of schools, the secretary to the superintendent, any principal, assistant principal, assistant super- intendent, supervisor, assistant supervisor, person in charge of any special department of instruction, and any teacher or in- structor now or hereafter regularly employed as such by the board of school trustees of such city. (R. S. 1914, §6555 m 1.) Repeal. Sec. 12. All laws or parts of laws in conflict with any of the provisions of this act are hereby repealed. [p. 658, Acts 1915.] Teachers' Pension — Fund Created. Section 1. Be it enacted by the general assembly of the State of Indiana, That there shall be, and is hereby created, a fund to be known and designated as the Indiana state teachers' retirement fund, to be used and applied in the payment of annuities to per- sons engaged in teaching or in the supervision of teaching in the public schools of the state after stated periods of service, or for such other causes and under such conditions as are hereinafter set forth. Fund Consists of. Sec. 2. The Indiana state teachers' retirement fund shall consist of: 1st. A permanent fund. Said permanent fund shall be made up of: (a) All gifts, grants, devises, and bequests in money, property or other form, which the board of trustees of said fund may be authorized and em- 118 powered to receive; (b) all other money or property which may from any other source become a part of this fund, and no part of said permanent fund shall be expended, except the interest and income thereon and therefrom. 2nd. A current fund. Said current fund shall be made up: (a) All interest on in- vestments or deposits of permanent or current funds, (b) As- sessments on teachers' salaries as hereinafter provided, (c) Semi- annual apportionments, under conditions named in this act, from the proceeds derived from the state school tuition tax, of such additional amounts as are sufficient to meet all annuities, bene- fits and other expenses provided for under this act, in excess of funds derived from the two above named sources. Board of Trustees — Control. Sec. 3. The control and management of the Indiana state teachers' retirement fund shall be vested in a board of trustees to be known and designated as the board of trustees of the Indiana state teachers' retirement fund. Said board shall be composed of five members designated and appointed as follows: The state superintendent of public in- struction, the auditor of state, and the attorney-general of the state, who shall each be ex-officio a member of said board. The remaining two members shall be appointed by the governor of .the state, shall be from different counties of the state, shall be per- sons engaged in teaching or in the supervision of teaching, and, except in cases of first appointments in June, 1915, shall be per- sons who have come under the provisions of this act. Appointments of trustees by the governor shall be made between the 1st and 15th days of June, the first appointments to be made in June, 1915. The terms of office of trustees so appointed shall begin on the first day of August following their appointment and, except in case of the first appointments, shall be for three years from and after that date. In making the first appoint- ments, the governor shall appoint one member for two years and one for three years. Vacancies in the board of trustees caused by the death or resignation of appointive members shall be filled by the governor for the unexpired terms. All members shall serve until their successors are appointed and have qualified. 119 Organization of Board. Sec. 4. Said board of trustees shall meet for the first time on the first Monday in August, 1915, in the office of the state super- intendent of public instruction. The state superintendent of public instruction shall notify members of said meeting and act as temporary chairman thereof. Said board of trustees of the Indiana state teachers' retire- ment fund shall organize by election from its members a presi- dent, a vice-president, and a secretary, who shall constitute the officers of the said board and each of whom shall serve for a period of one year, or until his or her successor is regularly elected and qualified. It shall also be within the province of said board to employ assistant secretaries or clerks from outside its member- ship if the clerical work of the board should make such action necessary. Annually thereafter, on the first Monday in August each year, the board shall meet and organize by the election of officers as above. Special meetings may be held upon the call of the presi- dent or upon. the signed call of any three members of the board. A majority of the board shall constitute a quorum at any meeting for the purpose of transacting business. State Divided — Units. Sec. 5. For the purpose of the administration of this act the state shall be divided into units as follows: Each city with a population of 5,000 or more according to the last preceding United States census shall constitute a unit, each county of the state shall constitute a unit and each public state normal school of the state supported by public money and devoted to the preparation of teachers, shall constitute a unit or any other public state educa- tional institution of this state provided for under this act sup- ported wholly by public money and whose teachers devote their entire time to teaching, shall constitute a unit, for the adminis- tration of this act. Each city or town of the state with a popu- lation of less than 5,000 according to the last preceding United States census, shall be considered as a part of the county unit in which it is located and each city having a population of 5,000 or more shall be considered as a unit separate from the county in which it is located. 120 Units Petition. Sec. 6. Any one of the above described units shall come under the provisions of this act whenever a majority of the teachers regularly employed in the public schools of said unit, together with a majority of the school officials of said unit, shall petition there- for to the board of trustees of the Indiana State teachers' retire- ment fund. Such petition must be accompanied by the applica- tions regularly filled out of all teachers so petitioning to become beneficiaries under this act. Provided, however, That presidents of boards of school trustees of cities having a population of 5,000 or more shall not be included in a petition from the school offi- cials of the county unit in which such city is located. Acceptance of Act. Sec. 7. Any school corporation of the state (hereinafter called a unit) which at the time of the passage of this act has, in pursu- ance of any statute of this state, a teachers' pension or annuity system, may, if such unit so elects, come under the operation of this statute. For that purpose such unit shall present to the board of trustees of the Indiana state teachers' retirement fund (hereinafter in this section called the board) a petition to be admitted, which petition shall be signed by a majority of the then active teachers regularly employed by such unit and who are then contributors to the local pension fund, and concurred in by the school trustees or the other governing body of the school cor- poration of such unit, and a majority of the board of commission- ers of the teachers' retirement fund, if any, of said unit, as ex- pressed in formal corporate action, and shall concurrently pay, transfer, make over and assign to the board all moneys, credits and other property belonging to the local unit's pension or re- tirement department, including, when collected, the proceeds of any tax theretofore levied for the benefit of such local pension de- partment. If the value of the moneys and property so transferred, exclusive of such then levied but uncollected taxes, shall not ag- gregate a sum as great as the aggregate of all payments up to that time made to the local pension fund by the teachers of such unit still at that time regularly employed in its schools, then, at the time of making such transfer of funds, the unit shall sup- plement such value by the sum necessary to make up such de- ficit. Such unit shall, at the same time, deliver to the board its records concerning its teachers who are under the operation of its , 121 local pension fund, and also the applications of such teachers for membership under such local fund, and shall at the same time de- liver an application from each such petitioning teacher to become entitled to the benefits of the provisions of this statute and of the Indiana state teachers' retirement fund and by any others of the unit who desire to apply. Teachers who records are so transferred shall then be given credit under this act for years of service equal to that to which they were entitled because of assessments paid under the local pension or annuity act from which their records were transferred. The unit shall at the same time fur- nish to the board of trustees the names, addresses and records of all persons at the time entitled to receive and receiving annuities from its local pension fund. The annuities under the Indiana state teachers' retirement act of all teachers already receiving or en- titled to receive annuities or benefits under the pension or an- nuity system so transferring them shall be and remain the same as such teachers were receiving or would have received under the pension or annuity system from which they were transferred. If any part of the moneys or property of the local pension fund so transferred shall at the time of transfer, and in pursuance of law, be a ''permanent fund" the same shall, after transfer, remain a part of the permanent fund in the hands of the board, the in- come only of which shall be applied, agreeably to the provision of this statute, to the use and benefit of such unit only. As soon as the unit shall have complied with the provision of this section, the title to the local pension fund property and assets of such unit shall, ipso facto, by operation of law, pass to and vest in the board, and thereafter said unit shall take no step in conducting its local pension fund except such as may be necessary to collect and pay over to the board any tax theretofore levied but not fully col- lected. Provided, That nothing in this section shall be con- strued as impairing or interfering with any retirement system now operative in this state. State Institutions — Educational — ^Acceptance of Act. Sec. 8. Whenever a majority of the board of trustees and a majority of the teachers of any public state normal school of this state, supported by public money and devoted to the preparation of teachers, or of any other public state educational institution of this state provided for under this act supported wholly by public money and whose teachers devote their entire time to teaching, 122 shall petition the board of trustees of the Indiana state teachers' retirement fund to come under the provisions of this act, the said board may grant such petition, provided the petition is accom- panied by the regular applications of the teachers so petitioning to accept the provisions of this act, and meet all the conditions of this act. Each such school shall then constitute a separate unit for the administration of this act. It shall then be the duty of the trustees of said school to pay to the board of trustees of the Indiana state teachers' retirement fund, semi-annually, on the first Monday in January and the first Monday in July of each year, a sum equal to one half the sum certified by said board of trustees of the Indiana state teachers' retirement fund as necessary to meet the annuities and other expenses under this act, of that particular unit for the current year over and above the amounts received from assessments of teachers in that particular unit and from other sources as set forth in this act. Said amounts to be paid shall be taken from any funds coming into the hands of said board of trustees of said state school for the payment of teach- ers for instruction in said school. Duties of Trustees. Sec. 9. The president of the board of trustees of the Indiana state teachers' retirement fund shall preside at the meetings of the board and perform all other duties required under this act and those usual to such office. The vice-president shall perform all duties of the president in his absence. It shall be the duty of the secretary to keep a true and accurate account of the pro- ceedings of said board of trustees. And to have the custody and care of all books and papers pertaining to and connected with the administration of this act and for the care of which other pro- visions are not made in this act. Said board of trustees of the Indiana state teachers' retire- ment fund shall have full power to adopt and enforce all iieces- sary by-laws and regulations for the government and administra- tion of this act not inconsistent with the same. Said board may sue and may be sued under the name and style of the board of trustees of the Indiana state teachers' retirement fund, shall have the authority to summon and examine witnesses in the adjust- ment of claims; shall have power to meet any emergencies which may arise in the administration of its trust; and shall have dis- cretionary power in determining all matters pertaining to its trust not specifically provided for in this act. 123 Members of said board shall serve without pay, except that all traveling and all other necessary expenses incurred by them in at- tending meetings and performing other necessary duties of their office, together with necessary clerical assistance and other ex- penses incurred by the board in the administration of this act shall be paid, upon proper order, from current fund, and such expense shall be prorated to the several units operating under this act, on the basis of the actual number of teachers having come under the provisions of this act and who are paying assessments in accordance herewith in such units. Fund in Control of Board. Sec. 10. The board of trustees of the Indiana state teachers' retirement fund shall have charge of and administer the said re- tirement fund. Said board of trustees shall have charge of all property belonging to said fund and may take by gift, grant, de- vise, or bequest, any money or property coming into said fund, and any such gift, grant, devise, or bequest may be absolute, or upon condition that only rent, profits, or income arising from the same shall be applied to the uses and purposes of said fund. Such board of trustees shall be authorized to take such a gift, grant, devise, or bequest, under and by the style of the board of trustees of the Indiana state teachers' retirement fund, and to hold the same and, unless otherwise provided by the condition of the trust, assign, transfer, or sell the same, whenever proper and necessary for the benefit of the retirement fund. The board shall receive and receipt for all such gifts, grants, devises, bequest, and all other funds belonging to or coming into the permanent fund, judiciously invest the same and promptly turn over all re- ceipts therefrom to the regularly constituted custodian thereof. The board shall also receive and receipt for all moneys com- ing into the current fund, turn the same over to the custodian thereof and direct their disbursement, no payments being al- lowed therefrom except upon the express written order of the board officially signed by its president and secretary. The board shall report annually the condition of the funds in its charge, the names of the several units of the state that have ac- cepted the provisions of this act, and an itemized statement of the receipts and expenditures on account of the fund for each unit ac- cepting the provisions of this act; a list of the beneficiaries of the current fund; an estimate of amounts required for annuities, bene- 124 fits and other expenses for the following year, and the approxi- mate amounts required to be apportioned to the different units from the proceeds of the tax for the state school tuition fund to meet necessary expenses over and above receipts from the other sources named. Said report shall be submitted to the governor on or before the 15th day of August of each year. Said report may also be printed and distributed to all persons entitled to an in- terest in said funds and who are in any way bound by the pro- visions of this act. State Treasurer — Custodian of Funds. Sec. 11. The treasurer of the State of Indiana shall be the custodian of all moneys, papers, and securities belonging to or be- ing a part of either the permanent or current funds of the Indiana state teachers' retirement fund. He shall deposit, take care of, and report such funds in accordance with the provisions of this act and of the Indiana state depository law, and shall pay the same only upon the order of the board of trustees of the Indiana state teachers' retirement fund, properly signed by the presi- dent and secretary thereof. All interest accruing on funds of any kind belonging to said fund shall go into the current retirement fund. It is hereby expressly provided that no annuity or benefit of any kind authorized by this act shall be due or be paid prior to January 1, 1917. Applications for Pension. Sec. 12. The board of trustees of the Indiana state teach- ers' retirement fund shall receive and pass upon all applica- tions for annuities or benefits under this act. It shall have power to summon witnesses, order medical examinations, select or ap- prove physicians for such examinations, and conduct all reason- able investigations to enable it to determine intelligently the jus- tice of any claim submitted. Teachers' Assessed. Sec. 13. Every teacher coming under the provisions of this act shall be assessed upon his or her salary for the school year in which such assessment is made as follows: For the first fifteen years of teaching service, $10.00 per year; for the next ten years of teaching service, $20.00 per year; for the next ten years of 125 teaching service, $25.00 per year; for the remaining years of teach- ing service up to and including the fortieth year of such service, $20.00 per year. Provided, That should a teacher coming under the provisions of this act teach longer than forty years, no assess- ment shall be collected from such teacher for time taught beyond the period of forty years. All assessments upon teachers' salaries provided for in this act shall be paid in equal installments corresponding to the sec- ond, fourth and sixth months of the school year in which the salaries upon which such assessments are made are paid. From and after August 1, 1915, it shall be the duty of the board of trustees of the Indiana state teachers' retirement fund to report semi-annually to each official charged with the payment of salaries to teachers in each unit in the state that has elected to come under the provisions of this act, the name of each teacher under this act receiving payment from such paying official. Said notification shall be given on or before the first day of October and the first day of February of each year. It shall then be the duty of such paying official, at the time of payment of salaries to such teachers for the second, fourth and sixth school months of each school year, to deduct from the sal- aries of each of the teachers whose names have been so reported, an amount equal to one-third of the total amount due from said teacher for the entire school year as assessments under this act, and said paying official shall between the first and fifteenth days of January and June of each year, pay over to the board of trus- tees of the Indiana state teachers' retirement fund all money that has come into his hands from assessments on teachers' salaries as provided for in this act. Whatever credits may be due any teach- er because of assessments paid under this act shall be credited to the unit under this act in which he or she is working. Payment of Arrearages. Sec. 14. Teachers coming under the provisions of this act shall be required to pay arrearages at the above rates, for such time of service, from one (1) to forty (40) years inclusive, as they are authorized to have recognized under the provisions of this act, provided, that any teacher entitled under the provisions of this act to credit for one or more years of teaching service at the time when he or she elects to accept the provisions of this act, may waive his or her right to such credit and pay only current rates 126 from the time when the membership begins, and receive no credit for previous service. Such arrearage may be paid in cash during the first year, or may be paid in five equal annual installments with interest at the rate of five per cent, per annum, payable an- nually, upon the deferred installments. In case the latter option is taken, interest upon the deferred installments shall com- mence at the end of the first year after electing to accept the pro- visions of this act: Provided, further, That in case any teacher is retired before he or she has paid in assessment a sum equal to one- half of the maximum annuity to which he or she would be en- titled, then and in that case there shall be deducted from the an- nuity to be paid to such retired teacher during the first year, such sum as will make the total amount paid by such teacher one- half of the maximum annuity to which he or she is entitled, and the remainder of fees or arrearages due or to be paid by such retired teacher shall be payable in installments as hereinbefore set forth. Record of Units and Teachers. Sec. 15. The board of trustees of the Indiana state teach- ers' retirement fund shall keep an accurate record of all units of the state that have accepted and are working under the provisions of this act; the number and names of all teachers in each who have met the conditions of becoming beneficiaries under the same; the amount of assessments paid by each teacher, together with the total amount paid from each unit; the number of teachers re- ceiving or entitled to receive annuities, or benefits of any kind from the Indiana state teachers' retirement fund, together with the amounts due or to become due to each unit and the total amount due as annuities from each unit. Said board of trustees shall then apportion to the several units accepting and working under this act all current funds in its hands outside of funds col- lected as assessments from teachers and over and above amounts necessary for actual running expenses as provided in this act, said apportionment being based upon the actual number of teachers having come under the provisions of this act and who are paying assessments in accordance therewith. The board shall then certify to the state superintendent of public instruction the amount required by each unit, over and above the amounts credited to it from assessments paid by its teachers and the amount apportioned to it from the other current 127 funds under this act, to meet the demand under this act upon that particular unit for the following fiscal year. It shall then be the duty of the state superintendent of public instruction, when mak- ing his semi-annual apportionments of the proceeds derived from the state school tuition tax in January and in June of each year, to withhold from each unit so certified by the board of trustees of the Indiana state teachers' retirement fund a sum equal to one-half the amount certified as necessary to meet the demands of that unit, under this act, over and above the proceeds derived by said unit from other sources named in this act. The state superintendent of public instruction shall certify the amount so withheld to the county auditor of the county in which said unit is located and shall at once turn said amount over to the trustees of the state teachers' retirement fund. Provided, That for such state normal schools and other public state educational institutions of this state included under this act, as do not receive their public money through the county auditor and which come under the provisions of this act, the board of trustees of the Indiana state teachers' retirement fund shall send the required notices to the state auditor instead of to the state superintendent of public instruction. The state auditor shall then withhold, from any money to which such schools may be entitled for the payment of teachers' salaries, the amounts shown by said notices to be required in addition to the assess- ments on teachers' salaries in such schools to meet the require- ments of teachers' annuities under this act, and semiannually between the first and fifteenth days of January and June of each year the state auditor shall pay to said trustees of the Indiana state teachers' retirement fund all moneys so withheld by him to date under provisions of this act. Investment of Funds — ^Cash on Hand. Sec. 16. The board of trustese of the Indiana state teachers' retirement fund shall determine what part of said fund may be safely invested and how much shall be retained for the im- mediate needs, demands and exigencies of said fund. Such in- vestments shall be made: (1) In interest-bearing bonds of the United States; or of the State of Indiana, or in any bond lawfully issued by state or county, township, city, or other municipal corp- rations within the United States; (2) loans secured by first mort- gage upon improved real estate, which loans shall not be in excess 128 of fifty per cent, of the appraised value of such real estate. All bonds, mortgages, and other securities shall be deposited with and remain in the custody of the custodian of said fund, who shall col- lect all interest due thereon and all the income therefrom, as the same shall become due and payable and deposit same to the credit of the current fund of the Indiana state teachers' retire- ment fund. Amount of Pensions. Sec. 17. Said Indiana state teachers' retirement fund shall be used and devoted in the manner and for the purposes as follows: Any person coming under the provisions of this act who shall have rendered thirty-five years or more of teaching service in the public schools, twelve of which may have been in public schools, outside of the state, who ceases to be in the employ of the public schools of the state from any cause, shall be entitled to an annuity in accordance with the following schedule: For 35 years of service .$600 00 For 36 years of service 620 00 For 37 years of service 640 00 For 38 years of service 660 00 For 39 years of service 680 00 For 40 years of service 700 00 Provided, That any teacher in the service of the public schools of the state may be temporarily or permanently retired for dis- ability on an annuity in accordance with the schedule in this act after he or she shall have served as such teacher as per the con- ditions of this act for a period of twenty-five years or more: and Provided, further, That when a teacher is retired for any disability before he or she has met with the conditions for permanent re- tirement under this act, such retirement shall continue only until such disability is relieved or removed, and no further annuity or benefit shall be paid to such teacher after medical examination made on demand of the board of trustees of the Indiana state teachers' retirement fund and at the expense of said teacher shall establish that such disability is removed. No benefit for dis- ability shall be paid for less than one-half of a school year. The schedule according to which disability benefits shaJl be paid follows; 129 For 25 years of service $350 00 For 26 years of service 375 00 For 27 years of service 400 00 For 28 years of service 425 00 For 29 years of service 450 00 For 30 years of service 475 00 For 31 years of service 500 00 For 32 years of service 525 00 For 33 years of service 550 00 For 34 years of service 575 00 Such annuities shall be paid upon the order of the board of trustees in four equal payments as follows : On January first, April first, July first, and October first, of each year. In the event that any teacher coming under the provisions of this act for any reason leaves the services of the public schools of any unit of this state operating under this act, before said teacher is entitled to receive annuities under this act, such teacher shall be entitled to withdraw from the treasury of the Indiana state teachers' retirement fund, such a sum as will equal all pay- ments made by such teacher into the treasury of this fund with- out interest. Provided, That any benefits which such teacher may have re- ceived for disability prior to the time of such withdrawal, shall be deducted from amount to be so withdrawn. Provided, further. That in the event that such a teacher sub- sequently returns to the employ of a school of a unit under this act, such teacher shall be required to pay to the fund of the unit in which such teacher is employed the amount so withdrawn with interest thereon at the rate of five per cent, per annum from date of withdrawal, such sum to be paid within one year from the date of his or her return to service in the schools of the state. In the event of the death of any teacher coming under the provisions of this act, before such teacher has been retired upon an annuity, then and in that case the heirs or legatees of such deceased teacher shall be entitled to a sum out of said fund equal to the sum paid into said fund by such deceased teacher, without interest, and after deductions for whatever benefits have been paid such teacher have been made. Computing Years of Service. Sec. 18. In computing years of service, as provided in this act, the board of trustees may include service as public school 9—4343 130 teacher rendered outside of the state, not, however, in excess of twelve years, as a portion of such services necessary before any teacher shall be entitled to any of the benefits of this act, pro- vided, that nothing in this section shall affect the amount or amounts to be paid into such retirement fund by teachers before being entitled to an annuit3^ Any teacher may be given a leave of absence for study, professional improvement, or temporary disability, not exceeding one year in seven, and shall be regarded as a teacher and entitled to the benefits of this act, provided that during such absence he or she continues to pay into such fund the amount of assessment paj^able by such teacher as provided by this act. Credit shall be given under this act for all years of service ren- dered under its provisions before, as well as after, the taking ef- fect of this act. And the full term or year of school in the corp- oration in which such service was rendered shall constitute a year of service under this act. Attachment — Pensions Exempt. Sec. 19. All the annuities granted and payable out of said state teacher's retirement fund shall be and are exempt from sei- zure or levy upon attachment, supplemental process, and all other process; and such annuities or any payment of the same shall note be subject to sale, assignment, or transfer by any beneficiary; and any such sale, assignment or transfer shall be absolutely void. Teachers Eligible to Pension. Sec. 20. The beneficiaries of this fund shall include any legall}^ licensed and regularly employed teacher, teacher-clerk, supervising principal, principal, supervisor, superintendent of schools, person in charge of teaching any special department of instruction or training, or any other teacher or instructor legally licensed and regularly employed as such in any of the public schools of this state; or in any public state normal school of the state, supported by public money, and devoted to the preparation of teachers; or the qualified and regularly employed teachers, principals, superintendent and others named above in any other public state educational institution of this state supported wholly by public money, and whose teachers devote their entire time to teaching, Provided, however, That no institution which is operat- ing under any pension or annuity system not provided for by 131 laws of the State of Indiana, may come under the provisions of this act. Pensions Withdrawn. Sec. 21. Whenever any person receiving any benefits from said fund shall be convicted of any felony or of any misdemeanor of which he or she shall be adjudged to be imprisoned; or shall fail to report for examination as required herein, unless excused by the board of trustees of the Indiana state teachers' retirement fund, or shall disobey the requirements of said board of trustees in respect to said examination, then such board may order that the annuity allowed and paid to him or to her shall cease. Subsequent Applications. Sec. 22. Any teacher teaching in any unit of the state at the time such unit elects to come under the provisions of this act, who does not at that time make application as provided under this act, may make such application at any subsequent time, provided that with such application there is submitted full payment of all arrearages for time to which such teacher is entitled as credits under this act, together with five per cent, compound interest on same from the date at which such teacher had first opportunity to come under the provisions of this act. [p. Ill, Acts 1915.] Tuberculosis — Contagious — Duties of Physicians. . Section 1. Be it enacted by the general assembly of the State of Indiana, That tuberculosis being hereby declared to be an in- fectious and communicable disease dangerous to the public health, it shall be the duty of every practicing physician in this state to report the name and address of every person known by him to be infected with tuberculosis, to the health officer of the city, town or county in which such person resides, at least five days after such fact comes to the knowledge of the physician; it shall also be the duty of the cheif [chief] officer having charge for the time being of any hospital, dispensary, asylum or other similar private or public institution to report the name, age, sex, color, occupation, place where last employed if known and the home address of every person having tuberculosis who comes under his care or under his observation, at least five days after such fact comes to his knowl- 132 edge, to the health officer of the city, town or county from which such patient comes; and it shall be the duty of every authorized school physician to report the name, age, sex, color, school and home address of every school child, teacher or school janitor, having tuberculosis, who comes under his observation in the per- formance of his duties in connection with the medical inspection of schools,' at least five days after such fact comes to his knowledge, to the health officer of the city, town or county in which such child, teacher or janitor resides. Health Officer — Report to State Board of Health. Sec. 2. The health officer of every city, town and county in the state, shall report monthly to the state board of health, the names and addresses of, and all other information available con- cerning persons infected with tuberculosis, which have been re- ported to him during that period as provided in section 1 of this act. The state board of health shall appoint a deputy whose duty it shall be, under the direction of the state board of health, to tabulate all such reports received from the health officers of the cities, towns and counties and to investigate the prevalence, causes and distribution of human tuberculosis in the state for the purpose of determining its relation to the public health and welfare and to devise ways and means for restricting and controlling the disease. The results of his investigations shall form a part of the annual report of the state board of health and shall be otherwise dis- tributed as the state board of health may decide among the people of the state for their enlightenment as to the prevalence and dangers of tuberculosis and the best methods of its cure and prevention. Notice to Owner of Property. Sec. 3. The health officer of every city, town and county, shall as soon as possible after he receives the report of any phy- sician or other authority as provided in section one (1) of this act, that a person under their care and observation is suffering from tuberculosis, except in the cases of inmates of hospitals, dis- pensaries, asylums or other similar private or public institutions, and also immediately after receiving notice as hereinafter pro- vided of the removal of any such person infected with tuberculosis, ascertain the name and address of the owner or agent of the apart- ment, home, room or premises occupied by such person so infected 133 with tuberculosis and notify immediately such owner or agent that an apartment, house, room or premises, owned or rented by such owner or agent is occupied by a person infected with tuberculosis and further inform him of the duties hereinafter required of him in connection with the death or removal of such person infected with tuberculosis and in connection with the disinfection of such apartment, home, room or premises, and the penalties for failure to comply with such provisions. Disinfecting Premises — ^Compulsory. Sec. 4. When any apartment, house, room, or premises is vacated by the death or removal therefrom of a person infected with tuberculosis, the owner or agent of such apartment, house, room or premises shall notify the health officer of the city, town or county in which such apartment house, room or premises is situated that such apartment, house, room or premises has been vacated. Upon receiving such notice such health officer shall himself or through his deputies disinfect such apartment, house, room, or premises in the following manner: All windows, outside doors, and exits of such apartment, house, room, or premises shall be closed and all inside doors, closets, drawers and shelves of the aforesaid apartment, house, room, or premises shall be open during the process of disinfection for a period of not less than two (2) hours and a separate vessel of the disinfectant hereinafter pro- vided shall be exposed in each room and hall; and a temperature not lower than 50 degrees above Fahrenheit and with atmospheric moisture of not less than 60% of saturation there shall be used 10 ounces of formaldehyde and 5 ounces of permanganate of potash per 1,000 cubic feet of room space; in a temperature not higher than 50 degrees Fahrenheit and with atmospheric moisture not exceeding 60% of saturation there shall be used 20 ounces of formaldehyde and 10 ounces of permanganate of potash per 1,000 cubic feet of room space. All expenses of such disinfection shall be borne by the city, town or county in which the aforesaid apartment, house, room or premises is situated. Renting Property Without Disinfecting. Sec. 5. It shall be unlawful for any owner or agent to rent or allow to be occupied any apartment, house, room, or premises vacated by the death or removal therefrom of a person infected with tuberculosis, until such apartment, house, room, or premises shall have been thoroughly disinfected as above provided. 134 Penalty. Sec. 6. Any physician, any chief officer having charge of any hospital, dispensary, asylum or other similar private or public institution, any authorized school physician, any city, town or county health officer, or any owner, agent or any other person violating any provision of this act shall be guilty of a misdemeanor and shall, on conviction thereof, be fined not less than ten dollars .00) nor more than fifty dollars ($50.00). [p. 505, Acts 1913.] Taxation — State Revenue — Levy — General Fund. Section 1. Be it enacted by the general assembly of the State of Indiana, That in the year 1913 and annually thereafter, there shall be levied and collected as other state taxes are levied and collected the sum of seven cents upon each one hundred dollars' worth of taxable property, and fifty cents on each taxable poll in the State of Indiana, which money when collected' shall be paid into the general fund of the state treasury. Benevolent Institution Fund — Levy. Sec. 2. There shall be in the year 1913 and annually there- after, levied and collected as other state taxes are levied and collected the sum of ten cents on each one hundred dollars worth of taxable property in the State of Indiana, which money, when collected, shall be paid into the state treasury and shall be kept and known as the "benevolent institution fund," and shall be used for the support of the benevolent and reformatory insti- tutions of the state: Provided, That whenever there shall be a credit to said ''benevolent institution fund," as a result of the tax in this section provided for, or from any such tax heretofore levied and collected, the auditor of state is authorized and empowered to charge to such fund and transfer and credit to the general fund any sum or sums that may have been heretofore, or that may here- after be paid out of the general fund for the use and benefit of said benevolent institutions, and whenever there shall be a deficit in such fund there shall be transferred from the general fund and credited to the benevolent institution fund a sum sufficient to meet such deficit. State Debt Sinking Fund — Levy. Sec. 3. That there shall be levied and collected in the year 1914, and annually thereafter, as other state taxes are levied and 135 collected, the sum of one and one-half (1|) cents on each one hundred dollars ($100.00) worth of taxable property of this state, which money when so collected, shall be paid into the state treasury, and shall be kept and known as the "state debt sinking fund" and the proceeds from such levy and tax shall be used for the payment of the principal and interest of the public debt of this state as the same may become due, and payable, and such tax shall not be diverted from said purpose. Educatioaal Institution Fund — Levy. Sec. 4, There shall be levied and collected upon the taxable property of the State of Indiana in the year 1913, and in each year thereafter, for the use and benefit of the Indiana University (Indiana University School of Medicine, and Hospital), Purdue University and the Indiana State Normal School to be apportioned as hereinafter in this act provided, a tax of seven cents on each one hundred dollars of taxable property in Indiana, to be levied, collected and paid into the treasury of the State of Indiana, in like manner as other state taxes are levied and collected and paid, and the same shall be distributed and apportioned among them, severally upon the basis as follows, viz.: To the said trustees of Indiana University upon the basis of two-fifths (2-5) of the total proceeds of this tax; to the trustees of Purdue University upon the basis of two-fifths (2-5) of the total proceeds of this tax; and to the trustees of the Indiana State Normal School upon the basis of one-fifth (1-5) of the total proceeds of this tax. The money derived from the tax provided for in this act shall be paid to the trustees of said institutions on warrants of the auditor of state, in the same manner as the benevolent institution fund is disbursed to boards of trustees of benevolent and reformatory institutions. When the funds provided for by this act for said educational in- stitutions shall become available, said funds shall constitute the total amounts to be paid out of the treasury of the state to said institutions for any purpose, thereafter, and all acts and parts of acts in conflict with this provision are hereby repealed : Provided, That nothing in this act shall effect in any way any endowment or permanent fund or funds that may belong to or may have been appropriated for either Indiana University of Purdue University or the right of any of said institutions mentioned in this act to any taxes heretofore levied for their benefit, but all such taxes hereto- fore levied are hereby saved to said institutions: And, Provided, further, That no part of the general school revenue of the state shall be deducted or set apart to the State Normal School. 136 Unexpended Balance — Educational Institution Fund. Sec. 5. In case there shall be any unexpended balance at the end of any fiscal year, of the funds provided for by this act, ap- portioned to any one of said educational institutions, the same shall not revert to the general fund but shall remain and belong to said institution to which it was apportioned, to be expended in the future only for the physical improvement of such institution; and no educational institution herein named shall construct any new building or buildings from said fund without first receiving the approval of the state board of finance. Repeal. Sec. 6. All laws in conflict with the provisions of this act, except where otherwise provided herein, are hereby repealed. (Acts 1913, p. 505). [p. 695, Acts 1915.] Preamble. Whereas, By an act of congress entitled "An act to provide for co-operative agricultural extension work between the agri- cultural colleges in the several states receiving benefits of an act of congress approved July 2, 1862, and of acts supplemental thereto, and the United States department of agriculture," approved May 8, 1914, certain moneys were provided for the purpose of "diffusing among the people of the various states useful and practical information on the subjects relating to agriculture and home economics, and to encourage the ap- plication of the same" through the agency of the agricultural colleges in co-operation with the United States department of agriculture, on conditions, which conditions are as follows: "The appropriation shall be paid annually in the manner hereinafter provided, to each state which shall by action of its legislature assent to the provisions of this act, provided that payment of such installments of the appropriation hereinbe- fore made as shall become due to any state before the adjourn- ment of the regular session of the legislature rneeting next after the passage of this act, may in the absence of prior legislative assent be made upon the assent of the governor thereof duly certified to the secretary of the treasury," and Provided, further, "That the sums provided for extension work shall be paid in semi-annual payments on the first day of 137 January and July of each year by the secretary of the treasury upon the warrant of the secretary of agriculture, out of the appropriation of the United States, to the treasurer or other officer of the state duly authorized by the laws of the state to raise the same," and Whereas, the Governor of the State of Indiana did, on June 25, 1914, provisionally accept such grant for and on behalf of Purdue university for the agricultural extension department established in connection therewith by an act of legislature approved February 27, 1911, and did designate the treasurer of Purdue university as the officer duly authorized to receive the same, therefore, Purdue University — Government Grant. Section 1. Be it resolved by the general assembly of the State of Indiana, That such grant is hereby accepted for and on behalf of Purdue university, and the treasurer of Purdue university is designated as the officer to receive the same, and the legislative assent of Indiana is hereby given to the purpose of said grant. [p. 625, Acts 1915.] State Institutions — Purchase Supplies from Blind School* Section 1. Be it enacted by the general assembly of the State of Indiana, That the state institutions, except where similar articles are made therein and political divisions of the state using supplies such as are produced under the supervision of the board of industrial aid for the blind, shall be required to purchase such articles in the same manner and under the same conditions as articles produced in the Indiana reformatory are now required to be purchased by law. Descriptive Catalogue — Publishing. Sec. 2. It shall be the duty of the board of industrial aid for the blind, from time to time, after the taking effect of this act, to issue a printed descriptive catalogue for the use of the various state institutions and political divisions of the state, showing in detail and by cuts such articles as are or may be produced or manufactured by the persons coming under the supervision of said board for the industrial aid for the blind; and when any such state institutions or political divisions of the State of Indiana are in 138 need of such articles as are described in such catalogue, the board of control, boards of trustees, or boards of managers and the heads of such institutions, boards of county commissioners, town- ship trustees, superintendents of poor asylums and county sheriffs shall make requisition on the board of industrial aid for the blind for such articles as are needed, giving such board a reasonable time to produce or supply the articles required, and shall not purchase any such articles elsewhere, except of the Indiana reformatory, as now provided by law, unless the same cannot be furnished by such board of industrial aid for the blind. Such boards and above named officers shall not contract for or pay any bill for any such articles as are made under the supervision of said board of in- dustrial aid for the blind which are shown in the catalogue to be issued as foresaid, except such articles as are produced or manu- factured at the Indiana reformatory, as now provided by law, until a written statement has been given them that such board of in- dustrial aid for the blind cannot furnish such articles. Supplemental Act. Sec. 3. This act shall be construed as supplemental to an act entitled "An act regulating the labor of the inmates of the Indiana reformatory on state accounts, providing for the school- ing and training of the inmates, providing for trades schools, the utilization of the inmates' labor for state account and the dis- position of all articles made in such trades schools or on state account, providing that state institutions and political divisions of the state shall purchase certain articles from the management of the reformatory, and providing the necessary appropriation as well as certain other matters relating thereto, and providing penalties therefor," approved March 4, 1905, and all acts amenda- tory thereto, and the procedure prescribed in the aforesaid act shall, when not otherwise designated, be construed to apply in the purchase and sale of articles produced under the super- visions of the board of industrial aid for the blind. [p. 137, Acts 1915.] Indiana Soldiers' and Sailors' Orphans' Home — Admission. Section' 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. That section nine (9) be amended to read as follows: Section 9. The trustees and (under regula- 139 tions and a form of application which they shall prescribe) the superintendent is authorized and required to receive, as pupils into said home, orphans and children residing in this state, under the age of sixteen (16) years who may be destitute of the means of support and education in the following order. First: Orphan children of deceased Union soldiers or sailors in the army or navy of the United States in the late civil war, or in the war with Spain, or in the war in the Philippine islands or in the regular service of the United States, 'said orphans not having mothers living. If there be not applications for the admission of persons of this class sufficient to fill said home, then there shall be in like manner admitted: Second: Orphans, children of such deceased soldiers or sailors, said orphans having mothers living. If there be not ap- plications for the admission of persons of said two classes sufficient to fill said home then, in like manner, there shall be admitted : Third: Children of permanently disabled or indigent soldiers or sailors of said service residing in this state, or in national mili- tary homes, having been admitted thereto from this state. If there be not applications for the admission of persons of said three (3) classes sufficient to fill said home, then, in like manner, there shall be admitted : Fourth: All grandchildren of soldiers and sailors whose father or mother have died or have been committed to an asylum for the insane. All children admitted to said home as pupils thereof shall be supported and educated therein until they shall be sixteen (16) years of age, unless for good cause sooner dis- charged. Any of said pupils, who, by reason of physical disability or other cause may be, in the judgment of said board, unable to earn a livelihood, shall be retained as pupils of said home until they shall be eighteen (18) years of age. Soldiers and Sailors — Enumeration. Section 1. Be it enacted by the general asseynhly of the State of Indiana, That beginning with the year 1913, and every year thereafter, the school trustees of the several townships, towns and cities of this state, at the time when they take or cause to be taken, the enumeration of all unmarried persons between the ages of six (6) and twenty-one (21) years, resident within the respective town- ships, towns or cities, as provided for in the laws of this state, shall likewise be required to take or cause to be taken, by the same 140 person who takes such school enumeration, a supplementary enumeration of all persons living within such townships, who served in the army or navy of the United States during the Mexican war, the Civil war or the Spanish-American war, or who have served one or more enlistments in the United States army, the United States navy, or the national guards. In taking or causing to be taken such supplementary enumeration, the trustee or person so employed shall list the full names and ages of such soldiers and sailors, the company, regiment or battery in which they served, and the state from which they enlisted. Each person required or employed to take such enumeration shall take the same accurately and truly to the best of his skill and ability. (R. S. 1914, §10055 a.) Duplicate Lists — Filed with State Library. Sec. 2. Such supplementary enumeration lists shall be pre- pared in duplicate, on separate sheets or lists, which shall be pro- vided for that purpose. And when the enumeration of all such soldiers and sailors shall have been completed and when the duplicate enumeration lists herein provided for, shall have been prepared and authenticated, the township trustee of each and every township in this state shall deposit one (1) copy of such sup- plementary enumeration lists in the office of the clerk of the cir- cuit court of the county in which his township is situated, and he shall enclose such other list securely in an envelope and mail it to the state librarian of this state, and the lists so secured and ob- tained shall be classified and bound and deposited in the archives of the state library. (R. S. 1914, §10055 b.) Schools — Arbor Day — Fixing Date. Section 1. Be it enacted hy the general assembly of the State of Indiana, That for the purpose of encouraging the planting of shade and forest trees, shrubs and vines, the third Friday of April in each year is hereby designated as a day for general ob- servance and to be known as Arbor Day. (R. S. 1914, §7461 a.) Proclamation. Sec. 2. The governor shall make proclamation of said day in each year at] least thirty days prior thereto. (R. S. 1914, §7461 b.) 141 School Exercises. Sec. 3. Appropriate exercises shall be introduced in all the schools of the state; and it shall be the duty of the serveral coun- ty and city superintendents to prepare a program of exercises for that day to be observed in all the schools under their respective jurisdictions. The exercises on Arbor day shall give due honor to the conservors of forestry, and the founders of the study and con- servation of Indiana forestry. And especially to the leading spirit of Indiana forestry conservation, Charles Warren Fairbanks. (R. S. 1914, §7461 c.) Repeal. Sec. 4. All laws and parts of laws in conflict with the pro- visions of this act are hereby repealed. Legal Holiday — Discovery Day. Section 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be and the same is hereby amended to read as follows: Section 1. The first day of the week, commonly called Sunday; the first day of January, commonly called New Year's day; the fourth day of July; the twenty-fifth day of December, commonly called Christ- mas day; any day appointed or recommended by the president of the United States or the governor of Indiana as a day of public fasting or thanksgiving; the twelfth day of February, commonly called Lincoln's birthday; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, commonly called memorial day; the first Monday of September, commonly called labor day; the twelfth day of October, commonly known as discovery day; and the day of any general, national or state election, shall be legal hohdays within the State of Indiana for all purposes. And when any of said holi- days (other than Sunday) comes on Sunday, the Monday next succeeding shall be the legal holiday. (R. S. 1914, §9086.) State Song — "On the Banks of the Wabash, Far Away." Section 1. Be it enacted by the general assembly of the State of Indiana, That the song entitled, "On the Banks of the Wabash, Far Away," words and music by Paul Dresser, be and is hereby estabHshed as the state song of Indiana. The form in which this song shall be sung as the state song of Indiana shall be as follows: 142 'Round my Indiana homestead wave the cornfields, In the distance loom the woodlands clear and cool, Often times my tho'ts revert to scenes of childhood, Where I first received my lessons — nature's school. But one thing there is missing in the picture, Without her face it seems so incomplete, I long to see my mother in the doorway. As she stood there years ago, her boy to greet. Chorus. Oh, the moonlight's fair tonight along the Wabash, From the fields there comes the breath of new-mown hay. Through the sycamores the candle lights are gleaming, On the banks of the Wabash, far away. Many years have passed since I strolled by the river. Arm in arm, with sweetheart Mary by my side, It was there I tried to tell her that I loved her, It was there I begged of her to be my bride. Long years have passed since I strolled thro' the churchyard, She's sleeping there, my angel, Mary dear, I loved her, but she thought I didn't mean it. Still I'd give my future were she only here. (R. S. 1914, §10135 a.) State Flower — Carnation. Be it Resolved, By the House of Representatives, the Senate concurring, That the carnation be and the same is hereby adopted as the state flower of the State of Indiana. (Note under R. S. 1914, §10135 a.) 143 TEACHER'S CONTRACT. FOB TEACHERS CONTRACTING WITH SCHOOL CITIES. THIS AGREEMENT, made and entered into between the School City Corporation of in County, and State of Indiana, by the Board of School Trustees of said Corporation of the first part, and. a teacher who holds a license, issued 191...., for months, by Superintendent; on which license h average scholarsMp is %, h last success grade is %, who was. present at all the sessions of the Co. Institute in 191 of the second part, certifies that the said teacher agrees to teach in the public schools of said School Corporation, in such building, grade, and room as the said Board of Trustees, or their Superintendent of Schools may designate, diu'ing the school year, beginning the day of .A. D. 191 , for the salary of Dollars per to be paid... (State when all or parts of salary will be paid.) Said further agrees, faithfully, zealously and impartially, to perform all the duties of such teacher, using only such textbooks as are prescribed by said Board or Superintendent, of said schools; that he will attend and participate in the exercises of each Institute or other Teachers' Meetings that may be appointed for the Teachers of said School City, or for each day's absence therefrom, forfeit a sum equal to one day's wages; that ... he will accurately keep and use all registers and blanks placed in hands by said Board, or the Superintendent of said schools; that ...he will make a com- plete and accurate report at the close of the school term, the blank for which is pro- vided on the back of this sheet; that ...he will make all other reports required by said Board, Superintendent or School Law; that ..he will exercise dtie dihgence in the perservation of the school buildings, groimds, furniture, books, maps and other school property committed to h care, and turn same over to said Board at the close of said school, in as good condition as when received, damage and wear by use excepted; and that he will conform to the rules and regulations of said Board, and Superin- tendent, and faithfully and impartially enforce them among the pupils. Said School Corporation, by said School Board, agrees to keep the school buildings in good repair and furnish the necessary fuel, furnitiu-e, books, maps, blanks and such other appliances as may be necessary for the successful teacliing of the branches in said school. And said School Corporation, by said School Board, further agrees to pay said for services as teacher of said school, said salary of Dollars per as above agreed upon. The said School Corporation, by said School Board, further agrees to pay said teacher one day's wages for each day's attendance at Institute or other Teachers' Meetings, according to the Acts of 1915. Provided, That in case said teacher shall be discharged from said school by said Board, for incompetency, cruelty, gross immorality, neglect of business, or a violation of any of the stipulations of this Contract, or in case h license shoidd be revoked by the County Superintendent he shall not be entitled to any compensation after notice of dismissal or annulment of license. Provided Further, That the teacher shall have a duplicate copy of this contract. In Witness Whereof, We have hereunto subscribed our names, this day of A. D. 191 President Secretary Treasurer Board of School Trustees. Teacher NOTES: — 1. A legal contract for teaching a pubUc school cannot be made between a school board and a person who does not hold a valid license. 2. Full authority is given school boards to substitute the words "principal," "supervisor" or "superintendent" wherever the word "teacher" appears in the contract, when the contract should be so drawn. 3. This contract is the official form as made under the provisions of Section 6595 Burns' R. S., 1914. 144 TEACHER'S CONTRACT. FOR TEACHERS CONTRACTING WITH SCHOOL TOWNSHIPS. THIS AGREEMENT, Between ..School Trustee of School TownsWp, in County, and State of Indiana, of the first part, and a teacher who holds a license, issued 191 , for months by Superintendent; on which license h average schola ship is %, h last success grade is %; who was present at all the sessions of the County Institute in 191 of the second part, certifies that the said teacher agrees to teach in the public schools of said Township, in such building, grade, and room as said Ti'ustee may designate, for the term commencing on the day of A. D. 191.... for the consideration of Dollars and cents per day , to be paid (State here when all parts of the salary will be paid.) The said further agrees faithfully to perform all the duties of teacher in said school: using only such te.\tbooks as are prescribed by the Trustees in accordance with the law. except supplementary reading, such as Young Peoples' Reading Circle Books, etc., and other works, recom- mended by the County Superintendent, and observing all Rules and Regulations of the County Board of Education, and all the instructions of the County Superintendent of Schools: that he will attend and participate in the exercises of each Institute or other Teachers' Meetings that may be appointed for the Teachers of said Township, or for each day's absence therefrom, forfeit a sum equal to one d'ay's wages, that he will accurately keep and use all registers and blanks placed in hands by said 'Trustee: that he will fnake a complete and accurate report at the close of the school term, the blank for wliich is provided on the back of this sheet: that ......he wiP make all other reports required of by said Trustee, the County Supei'intendent, or the Laws of Indiana, at the proper time and manner, and in good order: that he will exercise due diligence in the perservation of school buildings, grounds, furniture, apparatus, books, blanks, and other school property committed to care, and turn the same over to the Trustee, or liis representative, at the close of the term of school, in as good condition as when received, damage by wear and use excepted, accompanied by an exact inventory of all supplies and apparatus on hands, a description of the condition of the same, and a recommended list of ntaterials to be purchased for next school year. The said School Trustee agrees to keep the school buildings in good repair, to furnish the necessary fuel, furniture, apparatus, books and blanks, and such other appliances as may be necessary for the systematic and proper conduct of said school, and to pro- vide such janitor help as may be necessary to properly care for said school and its premises. And the said School Trustee, for and'in behalf of said Township, further agrees to pay the said for services as teacher of said school, either a sum equal to the whole number of days taught, at the rate of the above-named sum per day, as agreed upon, or the salary for the year in the event of a yearly consideration, as agreed upon, when the said teacher shall have filled all the stipulations of this contract. The said School Triistee further agrees to pay said teacher one day's wages for each day's attendance at the TownsMp Institute, according to the Acts of 1915. Provided. That in case the said should be dismissed from said school by said Trustee, or his successor in office, for incompetency, cruelty, gross immorality, neglect of business, or a violation of any of the stipulations of this contract, or in case license should be revoked by the County Superintendent, he shall not be entitled to any compensation after notice of dis- missal, or notice of annulment of license. Provided Further, That the teacher shall have a duplicate of tills contract. In Witness Whereof, We have hereunto subscribed our names, this day of A. D. 191 ^ Teacher School Trustee NOTES; — 1. A valid contract for teaching a public school cannot be made by a Trustee with anyone unless he holds a valid license, either County or State. 2. Full authority is given the Trustee to substitute the word "principal," for the word "teacher," in the event the contract should be so made. 3. This contract form is the official blank, made by the State Super- intendent of Pubhc Instruction, under Sec. 6595, Burns' R. S.,1914.