^■s :\: <\,:i ^^K Book ^-5^ OFFICIAL DOIf AXIOM. Ike Annotated School L a^vs OF THE State of Colorado Lctw^Vo. AS AMENDED TO DATE 1907 1907 THE SMITH-BROOKS COMPANY, STATE PRINTERS DENVER. COLORADO ^HIV l2iBm ^' Or D. NOTE This book contains the complete school law of the state of Colorado, revised to date, and all of the provisions of the enabling act and constitution of the state pertaining to public schools. On account of the numerous revisions of the school law, the repeal of several of the original acts comprising the same and the enactment of others, and the difficulty experienced by many in applying the decisions of this office to the particular provisions of the law under consideration, I have deemed it advisable in this edition to continue the arrangement of the sections under appropriate headings, and to classify and i)lace the decisions in reference thereto under each section. KATKERINE L. CRAIG, Svperintendent of Public Instruction. Denver, Colorado, July 1, 1907. Provisions of the Enabling Act and Constitution of the State of Colorado Pertaining to Public Schools THE ENABLING ACT. 7. Lands for schools. The sections numbered sixteen and thirty-six in every town- ship, and where such sections have been sold or otherwise dis- posed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools. 10. Seventy-two sections for university. That, seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appro- priated and applied as the legislature of said state may prescribe for the purjjose named and for no other purpose. 14. Scinooi lands — how sold — price. That the two sections of land in each township herein granted for the support of common schools, shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school fund, the interest of which is to be expended in the sup- port of common schools. 15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act. NOTE' — This section should be construed in conncetion with section 7. supra, in that if sections 16 or 3ij in any township' are mineral in character, other sections are selected by the state in lieu thereof, and when any lands are selected in lieu of sections 16 and 36. or portions thereof, such selected land is known as "Indemnity Land." CONSTITUTION. ARTICLE IV. EXECUTIVE DEPARTMENT. 1. Term of office — residence — duties — seat of government. The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of state, state treasurer, attorney-general, and superintendent of public instruc- tion, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after ijis election; Provided, that the terms of office of those chosen at the first election held under this constitution shall begin on the day appointed for the first meeting of the general assembly. The officers of the executive department, except the lieutenimt- governor, shall, during their term of office, reside at the seat of government, where they shall keep the public records, books a]id papers. They shall perform such duties as are prescribed by this constitution or bv law. 3. state officers — election — returns — canvass — contests. The officers named in section one of this article shall be chosen on the day of the general election, by the quali6ed electors of the state. The returns of every election for said officers shall be sealed up and transmitted to the secretary of state, directed to the speaker of the house of representatives, who shall immediately, upon the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of the members of both houses of the general assembly, who shall, for that purpose, assemble in the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected, but if two or more have an equal and the highest number of votes for the same office, one of them shall be chosen thereto by the two houses, on joint ballot. Contested elections for said offices shall be determined by the two houses, on joint ballot, in such manner as may be prescribed by law. 4. Eligibility — first election — thereafter — age — residence. No person shall be eligible to the office of governor, lieutenant- governor, or superintendent of public instruction, unless he shall §§6-8-16-17 CONSTITUTION. Art. iv have attained the age of thirty years. * * * At the first election under this constitution, any person being a qualified elector at the time of the adoption of this constitution, and having the qualifications above herein prescribed for any one of said offices, shall be eligible thereto; but thereafter no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election. 6. Governor appoint officers — vacancy — election — senate confirms. * * * If the office of auditor of state, state treasurer, secretary of state, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appoint- ment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. * * * 8. Governor demands information from officers. The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; he may also require information in writing at any time, under oath, from all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions. * * * 16. Officers keep account of moneys — semi-annual reports. An account shall be kept by the officers of the executive department and of all public institutions of the state, of all moneys received by them severally from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the governor, under oath. 17. Officers executive department — biennial report — governor transmit. The officers of the executive department, and of all public in- stitutions of the state, shall, at least twenty days preceding each regular session of the general assembly, make full and complete reports of their actions to the governor, who shall transmit the same to the general assembly. Arts, iv-vii CONSTITUTION. §§19-20-1-2 19. Officers receive salary — fees paid into treasury. The officers named in section 1 of this article shall receive lor their services a salary to be established by law, which shall not be increased or diminished during their official terms. It shall be the duty of all such officers to collect in advance all fees prescribed by law for services rendered by them severally, and pay the same into the state treasury. 20. Superintendent of public instruction, ex officio librarian. The superintendent of public instruction shall be ex officio state librarian. ARTICLE VII. SUFFRAGE AND ELECTIONS. 1. Citizenship. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections: He or she shall be a citizen of the United States, and shall have resided in the state twelve months immediately pre- ceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be prescribed by law. NOTE— Section 96 provides, in addition to above, that such person shall reside in this state one year, immediately preceding the election at which he offers to vote; in the county, ninety days; in the city or town, thirty days; and in the ward or precinct, ten days; and section 93 provides that to vote at school election, the elector must live in the school district thirty days. Wife of alien when naturalized. 1. The wife of an alien liecomes naturalized upon the naturalization of her husband, and is a citizen, as the term is used in the school law. 2. A foreign woman who marries a citizen of the United States becomes herself a citizen, and in Colorado becomes a qualified elector. 2. Universal suffrage. The general assembly shall, at the first session thereof, and may at any subsequent session, enact laws to extend the right of suffrage to women of lawful age, and otherwise qualified according to the provisions of this article. No such enactment shall be of effect until submitted to the vote of the qualiflea electors at a general election, nor unless the same be approved by a majority of those voting thereon. §§4-5-6-10 CONSTITUTION. Art. vii 4. Absence in civil or military service. For the purpose of voting and eligibilitj^ to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poorhouse or other asylum, nor while con- iined in public prison. 5. Privilege of voters. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. 6. Electors only eligible to office. No person except a qualified elector shall be elected or ap- pointed to any civil or military office in the state. Qualification of elector. 1. In addition to other qualifications, a person to be eligible to the office of county superintendent must have resided in the county at least one year preceding his election. 2. The length of residence required in Colorado to constitute eligi- bility to the office of school director is twelve months. 3. The fact that two members of a ochool board are of one family, and the further fact that another member became a resident of the district for the sole purpose of becoming an officer, so long as he is an actual resident, would not affect the regularity of the organization of the board. 4. There is nothing in the laws of Colorado to prevent a person who fills the office of district judge from also filling that "of school director, the two offices belonging to an entirely different class. 5. The fact that an elector is not a taxpayer does not disqualify him from holding office, either by election or by appointment. 10. Prisoners disqualified — restoration — pardon or full service. No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released there- from by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution. 10 Arts, viii-ix CONSTITUTION. §§1-5-1 ARTICLE VIII. STATE INSTITUTIONS. 1. Charitable institutions established. Educational, reformatory and penal institutions, and those for the benefit of the insane, blind, deaf and mute, and such other institutions as the public good may require, shall be established and supported by the state, in such manner as may be prescribed by law. 5. Territorial institutions become state — transfer. The following territorial institutions, to-wit : The Uni- versity at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes at Colorado Springs, shall, upon the adoption of this con- stitution, become institutions of the state of Colorado, and the management thereof subject to the control of the state, under such laws and regulations as the general assembly shall provide; and the location of said institutions, as well as all gifts, grants and appropriations of money and property, real and personal, heretofore made to said several institutions, are hereby confirmed to the use and benefit of the same respectively; Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees thereof, until such proj)erty be transferred by proper conveyance, together with the control thereof, to the officers provided for the management of said institution bv this constitution, or bv law. ARTICLE IX. EDUCATION. 1. Board of education — members — president. The general supervision of the public schools of the state shall be vested in a board of education, whose powers and duties shall be prescribed by law; the superintendent of public instruc- tion, the secretary of state and attorney-general shall constitute the board, of which the sujierintendent of public instruction shall be president. NOTE — Superintendent of public instruction an officer of executive department. Art. IV, Sec. 1. 2. Qualifications of supe>'intendent. Art. IV, Sec. 4. 3. Ex officio state librarian. Art. IV, S^c. 20. 11 §§2-3-4-5 CONSTITUTION. Art. ix 2. Free schools — one in each district — three months. The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state between the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year ; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. 3. School fund inviolate — state treasurer custodian. The public school fund of the state shall forever remain inviolate and intact; the interest thereon shall only be ex- pended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other fund, or used or appropriated except as herein pro- vided. The state treasurer shall be the custodian of this fund, and the same shall be securelj' and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. 4. County treasurer collect and disburse — warrants. Each county treasurer shall collect all school funds belong- ing to his county, and the several school districts therein, and disburse the same to the proper districts upon warrants drawn by the county superintendent or by the proper district authorities, as may be provided by law. 5. School fund — of what consists. The public school fund of the state shall consist of the pro- ceeds of such lands as have heretofore been, or may hereafter be, granted to the state by the general government for educational purposes; all estates that may escheat to the state; also all other grants, gifts or devises that may be made to this state for educa- tional purposes. When land wotild escheat to the state and become part of the school fund. 1. If a person dies intestate and has no heirs, if he has lands and owes no debts, or if there is sufficient other property to pay debts so as to have the land intact, upon proper procedure in coyrt to determine the fact that there are no heirs, then the land would escheat to the state and become part of the school land or fund. In case any funds remain in the hands of an administrator after debts are paid, and there are no heirs, the money goes into the county treasury subject to the call of any heirs who may appear. 12 Art. ix CONSTITUTION. §§6-7-8 6. County superintendent — commissioner of lands. There shall be a county superintendent of schools in each count}', whose term of office shall be two years, and whose duties, qualifications and compensation shall be prescribed by law. He shall be ex officio commissioner of lands within his county, and shall discharge the duties of said office under the direction of the state board of land commissioners, as directed by law. 7. Aid to sectarian schools, churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sus- tain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sec- tarian denomination whatsoever; nor shall any grant or dona- tion of land, monc\y, or other personal property, ever be made by the state, or any such public corporation, to any church, or for any sectarian purpose. ProMMtion of the use of puhlic school money for the teaching of sectarian doctrines. 1. The constitution of Colorado prohibits the use of public school money for the teaching of sectarian tenets or doctrines. It is therefore unlawful for a board of directors to require a teacher to devote any part of any school day to religious instruction. 8. Religious test forbidden-;— sectarian tenets — race, color. No religious test or qualification shall ever be required of any person as a condition of admission into any public educa- tional institution of the state, either as teacher or student; and no teacher or student of any such institution shall ever be re- quired to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. NOTE— See section 198. Directors determine use of Bible in schools. 1. Neither the constitution of the state nor the statutes touch directly the reading of the Bible or prayer or any other form of religious or devotional exercises, except to forbid that observance or participation shall be compulsory. The spirit of the constitution permits religious exercises in school if nothing sectarian is introduced and the trustees do not object. The laws of the different states bearing on this point differ. In Iowa "neither the electors, the board of directors nor the sub-directors can exclude the Bible from any school in the state." In Missouri, on the other hand, "the directors may compel the reading of the Bible." In 13 §§9-10-11 CONSTITUTION. Art. ix Dakota "the Bible may be read in school not to exceed ten minutes daily without sectarian comment." In 1869 the Cincinnati board of education forbade the reading of the Bible in the public schools of that city An appeal was taken to the courts, and in 1870 the superior court of Cin- cinnati decided against the board of education. In 1873 the supreme court of Ohio reversed this judgment and sustained the board of educa- tion. In delivering their opinion the judges "held that the management of the public schools being under the exclusive control of directors, trustees and boards of education," it rested with them solely to determine "what instruction should be given and what books should be read therein." 2. The law of Colorado does not specify concerning the reading of the Bible in the public schools, the school boards of the state having the right to specify as to what shall be the practice in the matter. 9. Board of land commissioners — members — powers. The governor, superintendent of public instruction, secretary of state and attorney-general shall constitute the state board of land commissioners, who shall have the direction, control and dis- position of the public lands of the state, under such regulations as may be prescribed by law. NOTE— As to who constitutes board of land commissioners, see L. '05, page 319, section 1; R. S. L., section 162. 10. Public lands — location — sale — disposal. It shall be the duty of the state board of land commissioners to provide for the location, protection, sale or other disposition of all the lands heretofore, or which may hereafter, be granted to the state by the general government, under such regulations as may be prescribed by law; and in such manner as will secure the maximum possible amount therefor. No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public lands subseqiient to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished, directly or indirectly. The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the state shall be judiciously located and carefully preserved and held in trust, subject to dis- posal, for the use and benefit of the respective objects for which said grants of land were made; and the general assembly shall provide for the sale of said lands from time to time; and for the faithful application of the proceeds thereof in accordance with the terms of said grant. 11. Compulsory education. The general assembly may require, by law, that every child of suflflcient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen 14 Art. ix CONSTITUTION. §§12-13-14-15-16 years, for a time equivalent to three years, unless educated by other means. NOTE— See Kindergarten Act, section 147. 12. University — regents — election. There shall be elected by the qualified electors of the state, at the first general election under this constitution, six regents of the university, who shall immediately after their elec- tion be so classified, by lot, that two shall hold their office for the term of two years, two for four years, and two for six years ; and every two years after the first election there shall be elected two regents of the university, whose term of ofiice shall be six years. The regents thus elected, and their successors, shall con- stitute a body corporate, to be known by the name and style of 'The Regents of the Tniiversity of C'olorado." NOTE— The regents are a body corporate. [M. A. S., 4587.] 13. Regents elect president — powers. The regents of the university shall, at their first meeting, or as soon thereafter as practicable, elect a president of the univer- sity, who shall hold his office until removed by the board of regents for cause; he shall be e.r officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie; he shall preside at the meetings of the board, and be the principal executive officer of the university, and a member of the facultv thereof. 14. Regents control university — funds. The board of regents shall have the general supervision of the university, and the exclusive control and direction of all funds of, and appropriations to the university. 15. School districts — board of education. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts. 16. Text books — general assembly nor board shall prescribe. Neither the general assembly nor the state board of education shall have power to prescribe iext books to be used in the public schools. 15 §§5-10-13-1 CONSTITUTION. Arts, x-xi ARTICLE X. REVENUE. 5. Exemption — lots — buildings for worsiiip — scliools. Lots, with the buildings thereon, if said buildings are used solely and exclusively for religious worship, for schools, or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law. Church property not taxable — when. 1. In case a district rents a class room from one of the churches of a town for school purposes, such renting would not make the church property taxable. 10. Corporations subject to tax. All corporations in the state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them within the territorial limits of the authority levying the tax. 13. Making profit on public money felony. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. School board can not loan district money. 1. A school board can not legally loan the money of the district. ARTICLE XI. PUBLIC INDEBTEDNESS. 1. Lending or pledging credit of state, county, city, etc., forbidden. Neither the state, nor any county, city, town, township or school district, shall lend or pledge the credit or faith thereof, directly or indirectly, in any manner to or in aid of, any person, 16 Art. xi CONSTITUTION. §§2-7-9 company or corporation, public or private, for any amount or for any purpose whatever, or become responsible for any debt, con- tract or liability of any person, company or corporation, public or private, in or out of the state. 2. Aid to corporations — interest in — by state, county, city — joint owner- ship. Neither the state nor any county, city, town, township or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in, any corporation or company, or a joint owner with any person, company or corpora- tion, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat or by forfeiture, by operation or provision of law; and except as to such owner- ship as may accrue to the state, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, company or corporation, by forfeiture or sale of real estate for non-payment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. 7. Loans for school buildings — vote — qualification. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnishing school buildings, or purchasing grounds, unless the proposition to create such debt shall first be submitted to such qualified elec- tors of the district as shall have paid a school tax therein, in the year next preceding such election, and a majority of those voting thereon shall vote in favor of incurring such debt. Debt incurred must be by a vote of electors. 1. The constitution of Colorado prohibits the creation of a debt by loan for building purposes in any other way than by a vote of the electors. While a certificate of indebtedness can not be considered a loan, strictly speaking, the courts would probably construe it to be pro- hibited by the same constitutional provision when issued to cover a debt incurred by building. 9. This article not affect prior obligations. Nothing contained in this article shall be so construed as to either impair or add to the obligation of any debt heretofore contracted by any county, city, town, or school dis- 17 §§4-8-9-10-11 CONSTITUTION. Arts, xi-xii trict, in accordance with the laws of Colorado territory, or pre- vent the contracting of any debt, or the issuing of bonds there- for, in accordance with said laws, upon any proposition for that purpose which may have been, according to said laws, submitted to a vote of the qualified electors of any county, city, town or school district, before the day on which this constitution takes effect. ARTICLE XII. OFFICERS. ******* 4. Embezzlement disqjalifies from office. No person hereafter convicted of embezzlement of public moneys, bribery, perjury, solicitation of bribery, or subornation of perjury, shall be eligible to the general assembly, or capable of holding any office of trust or profit in this state. ******* 8. Civil officers — oath. EA^erj^ civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he is about to enter. 9. Oaths, where filed — with whom. Officers of the executive department and judges of the su- preme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected. 10. Refusal to qualify — vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant. 11. Vacancy — term of officer elected to fill. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the va- cancy occurred. 18 Arts, xii-xiv CONSTITUTION. §§12-1-7-8-9-10 12, Duel — challenge — disqualifies for office. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challeng? therefor, or agree to go out of the state to fight a duel, shall hold any office in the state. ARTICLE XIV. COUNTIES. 1, Former counties, counties of state. The several counties of the territory of Colorado, as they now exist, are hereby declared to be counties of the state. 7. Officers' compensation. The compensation of all county and precinct officers shall be as provided by law. 8. Clerk and recorder — sheriff, coroner, treasurer, etc. — election. There shall be elected in each county at the same time at which members of the general assembly are elected, commencing in the year nineteen hundred and four, one county clerk, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff; one coroner; one treasurer, who shall be collector of taxes; one county superintendent of schools; one county surveyor; one county assessor; and one county attorney, who may be elected, or appointed, as shall be provided by law; and such officers shall be paid such salary or compensation, either from the fees, perquisites and emoluments of their respective offices, or from the general county fund, as may be provided by law. The term of office of all such officials that expire in January, 1904, is hereby extended to the second Tuesday in January, A. D. 1905. 9. Vacancies — appointments — governor — county commissioners. In case of a vacancy occurring in the office of county com- missioner, the governor shall fill the same by appointment; and in the case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law. 10. Elector only eligible. No person shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. 19 §15 CONSTITUTION. Art. xiv Qualifications to ie eligilile to office. 1. In addition to other qualifications, a person to be eligible to the office of county superintendent must have resided in the county at least one year preceding his election. Not a taxpayer does not disqualify. 2. The fact that an elector is not a taxpayer does not disqualify him from holding office, either by election or by appointment. 15. Classifying counties as to fees. For the purpose of providing for and regulating the com- pensation of county and precinct officers the general assembly shall by law classify the several counties of the state according to population, and shall grade and fix the compensation of the officers within the respective classes according to the population thereof. Such law shall establish scales of fees to be charged and collected by such of the county and precinct officers as may be designated therein for services to be performed by them re- spectively; and where salaries are provided, the same shall be payable only out of the fees actually collected in all cases where fees are prescribed. All fees, perquisites and emoluments above the amount of such salaries shall be paid into the county treasury. Qualification — ceases to 'be director when. 1. The law requires that a person who desires to be a candidate for a school director must reside in the district, and it necessarily follows that in order to remain such director, after election he must continue to reside therein, and when he permanently removes from the district, he ceases- at that instant to be a director. 20 Annotated School Laws ALCOHOLIC DRINKS AND NARCOTICS. 1. Nature and effect of alcoholic drinks and narcotics be taught. That the nature of alcoholic drinks and narcotics, and spe- cial instructions as to their effects upon the human system, in connection with the several divisions of the subject of phj-siology and hygiene, shall be included in the branches of study taught in the public schools of the state, and shall be studied and taught as thoroughly, and in the same manner as other like re- quired branches are in said schools, by the use of text books, designated by the board of directors of the respective school dis- tricts, in the hands of pupils where other branches are thus studied, in said schools, and bv all pupils in all said schools throughout the state. [M. A. S., 4046.] Kcguires study of hygiene and physiology in schools. 1. The act providing for the study of the nature of alcoholic drinks and narcotics, and their effect upon the human system, requires the study of physiology and hygiene in all the public schools throughout the state. 2. Officers enforce provisions of act — penalty for failure. That it shall be the duty of the proper officers in control of any school, described in the foregoing section to enforce the provisions of this act; and any such officer, school director, com- mittee, superintendent or teacher, who shall refuse, fail or neg- lect to comply with the requirements of this act, or shall neglect, refuse or fail to make proi>er provisions for the instruction re- quired, and in the manner specified by the first section of this act, for all pupils in each and every school under his or her jurisdiction shall be removed from office, and the vacancy filled as in other cases. [M. A. S., 4047.] NOTE— Vacancies, section 70. Cigarettes. 1. Section 4, page 66, Session Laws 1891 (3 Mills' Rev., 411a), pro- vides. "It shall be unlawful for any person or persons to give or sell cigarettes to any person or persons under the age of 16 years." Section 1, page 131, Session Laws 1891 (3 Mills' Rev., 411b), also provides, "Any person who shall sell, give or furnish any tobacco, or articles made in whole or in part of tobacco to any child under 16 years of age without the written order of the father or guardian of such child, shall be fined not less than five dollars, nor more than one hundred dol- lars, or imprisonment in the county jail not more than three months." 21 APPEALS. 3. From district board to county superintendent. Any person aggrieved by any decision or order of the dis- trict board of directors, in matter of law or fact, may, within thirty days after the rendition of such decision, or making of such order, appeal therefrom to the county superintendent of the proper county. [M. A. S., 4049.] 4. Affidavit. The basis of the proceeding shall be an aflfidavit filed by the party aggrieved, with the county superintendent, within the time- for taking the appeal. [M. A. S., 4050.] 5. Contents of affidavit. The affidavit shal set forth the errors complained of in a plain and concise manner. [M, A. S., 4051.] 6. Superintendent notify secretary — transcript. The county superintendent shall, within five days after the filing of such affidavit in his office, notify the secretary of the proper district, in writing, of the taking of such appeal, and the latter shall, within ten days after being thus notified, file in the office of the county superintendent a complete transcript of the record and proceedings relating to the decision complained of, which shall be certified to be correct by the secretary. [M. A. S., 4052.] 7. Notice to parties. After the filing of the transcript, aforesaid, in his office, he shall notify, in writing, all persons adversely interested, of the time and place where the matter of the appeal will be heard by him. [M. A. S., 4053.] 8. Hearing appeal — oatlis. At the time thus fixed for hearing, he shall hear testimony for either party, and for that purpose may administer oaths, if necessar5% and he shall make such decision as may be just and equitable, which shall be final, unless appealed from, as herein- after provided. [M. A. S., 4054.] 22 APPEALS. §9 9. Appeal from county superintendent to state board of education. Any peisoii ov district board aggrieved by au^- decision or order of the county superintendent in a matter of law or fact, may, within thirty days after the rendition of such decision or making of such order, appeal therefrom to the state board of education, in the same manner as provided in this act for taking appeal from the district board to the county superintendent as nearly as applicable. In case of an appeal, where a trial has been had before the county superintendent and a decision ren- dered, the state board of education shall examine a transcript of such proceeding and render a decision therefrom, but no new testimony shall be admitted. In other cases of appeal the said board may require of the parties such papers and documents as may be thought necessary, they may issue subpoenas and compel witnesses to attend and testify, and the said board shall have the power to administer oaths through its president. The deci- sion of said board, or a majority of said board, shall be ren- dered by the president, and such decision, when made, shall be final. When an applicant for a certificate at a regular exami- nation shall feel aggrieved at the decision of the county super- intendent, and shall appeal to the state board of education the questions used and answers given shall be examined by the said board, and if the decision of the county superintendent be re- versed, the state board of education shall issue to the appellant a certificate of such grade as the answers shall warrant; Pro- vided, That a good moral character and success as a teacher be shown. [.S Mills (Rev.), 4055.] Appeal — when, lioro and by whom taken. 1. An appeal to the state board of education does not lie when made by any one other than a person or board of directors aggrieved by an order or decision of the county superintendent. 2. Any person or district board aggrieved by any decision of the county superintendent in a matter of law or fact, may, within thirty days of the rendition of such decision, appeal to the state board of education, full details in regard to such appeal being given. 3. The remedy against unjust orders of the county superintendent is an appeal to the state board of education. 4. It would not be considered good practice to allow one county superintendent to overrule the decision of the former county superin- tendent upon the same point. The proper procedure in this matter would have been for the persons making the protest to have filed it in writing with the county superintendent and then appeal from his decision to the state board of education in accordance with section 9 of the Anno- tated School Laws. However, as there is no record in your office of this pretest having been made to the former county superintendent, it would be proper for you at this time to receive a written protest in regard to the same matters and pass upon the same, as in such case you would not be considered as passing upon the matter decided by a former super- intendent. 5. The appeal should be made to the county superintendent within thirty days after the decision of the arbitration committee (section 9), and the basis of the proceeding shall be according to section 4 and section 23 §10 APPEALS. 5, School Law. It is only after the decision of the county superintendent that an appeal may be made therefrom to the state board of education. Appeal from grading examination papers. 6. Neither the state superintendent of public instruction nor the state board of eduction have the power to compel a county superin- tendent to recognize examination papers prepared under the supervision of the county superintendent of another county. This is mere matter of comit5^ and is not sanctioned by law. Therefore, whenever a teacher appeals from the refusal of a county superintendent to accept such papers and mark them and issue a certificate thereon, the board of education has no other course than to dismiss the appeal. 7. In case of appeal from the decision of county superintendent to the state board of education by an applicant for certificate at a regular examination, the certificate, if any, issued to said applicant upon such examination, should accompany the papers sent to the state board. 8. Except in the case of a formally taken appeal from the action of a county superintendent in refusing to grant a certificate, the state board of education has no authority to pass upon the papers presented by an applicant at a teachers' examination. May continue school during pendency of appeal. 9. A person holds a certificate that expires September 8. He begins school under contract on September 1. He fails to obtain a certificate in the examination held on August 29-30, and appeals to the state board of education. Held, that he may continue his school during the pendency of an appeal. State 'board may order certificate issued. 10. The state superintendent has no authority to grant a certifi- cate to teach except when directed to do so by a vote of the state board of education in cases of appeal and of state examination. Appeal from change of boundary. 11. In the absence of a showing to the contrary, it will be pre- sumed that the county superintendent complied with the law in hearing and determining the appeal, and therefore that the change of boundary was properly made, but even in the absence of such showing, as these two districts have continued to exercise undisputed the prerogatives and enjoy the privileges of legally formed districts for a period of nearly twelve years, they will now be considered legally formed districts. 10. No judgment for money. Nothing in this act shall be so construed as to authorize either the county superintendent or the state board to render a judgment for money; neither shall they be allowed any other compensation than is allowed by law. All necessary postage must first be paid by the party aggrieved. [M. A. S., 4056.] 24 BONDS. SCHOOL DISTRICT BONDS. 11. Question of bonded debt submitted to voters — qualifications of vot- ers — limitation of debt. On the petition of twenty legal voters of any school district, the secretary of said district shall give notice not less than twenty days before any regular or special meeting held under the provision of this chapter, that the question of contracting a bonded debt for the purpose of erecting and furnishing school buildings, or purchasing ground, or for funding floating debts, will be submitted to such qualified voters of the district as have paid a school tax therein in the year next preceding the said meeting; Provided, That it shall be lawful for districts of the first and second class to hold special meetings for this purpose, in the same manner as is provided in this chapter for districts of the third class. Any person offering to vote may be chal- lenged by any legally qualified elector of the district, and any one of the judges of election shall thereupon administer to the person challenged an oath, as follows : "You do swear (or affirm) that you are a citizen of the United States, or that you have declared your intention to become such; that you have resided in the state of Colorado six months immediately preceding this election ; that you are twenty-one years of age ; that you have resided in this district thirty days next preceding this election, and that you have paid a school tax within this school district during the past year, and that you have not voted at this election, so help you God (or under the pains and penalties of perjury)." If he shall refuse to take such an oath or afiirmation, his vote shall be rejected. The electors aforesaid shall first agree, by a majority vote, on the amount of indebtedness to be created, if any (but in no case shall the aggregate amount of bonded indebtedness of any school district exceed three and one-half per cent, of the as- sessed value of the property of such district), and shall then proceed to vote by ballot "For the bonds," or "Against the bonds," and the ballot box for this purpose shall be kept open, as provided in section forty -four of this act; and if it appear that a majority of all the votes cast are "For the bonds," the board of directors, as soon as practicable, shall issue coupon bonds of the district, bearing interest not exceeding eight per cent, per annum, payable semi-annually, and redeemable at the pleasure of the district, after five years, and payable fifteen years from date, the principal and interest payable at the office of the 25 §11 BONDS. treasurer of the county in which the said district may be situ- ated, or the interest may be made payable in the city of New York, at the option of the holders thereof, and the cancelled coupons shall be at the disposal of the district board. [M. A. S., 4057.] NOTE— Section 44 above referred to is section 92 herein. NOTE— Refunding bonds, sections 20 and 23. Petition for meeting to vote ionds — number voters — notice. 1. The petition asking that a meeting be called for the purpose of voting school district bonds must be signed by not less than twenty legal voters. A majority of the qualified electors assembled at such meeting may vote bonds; Provided, "That such qualified electors shall have paid a school tax in such district for the year next preceding such election." 2. The lavsr does not require that the twenty voters who sign the peti- tion shall be taxpayers, although only thoFe who are taxpayers can vote upon the question of bonding the district. 3. A special meeting of the voters of a district is legal only when twenty days' notice of such meeting is given. 4. It is not legal to vote upon the matter of issuing bonds at a special meeting unless said special meeting has been called upon petition of tvv^enty legal voters of the school district, requesting that the question of contracting a bonded debt for the purpose of erecting and furnishing a school building, for purchasing ground or for funding floating debts will be submitted, and due notification must be given. 5. The law makes no provision by which a school district can legally issue bonds if there is not the required number of voters specified by law residing in the district to vote upon the question of issuing bonds. 6. If the members of the school board are qualified electors, there is no reason why they can not be included in the names of the twenty persons signing the petition. Qualifications for voting on bonds. 7. It is not necessary that one should be a taxpayer to vote on the question as to where a school is to be held or a school building is to be erected. Any legally qualified elector has a right to vote on all questions save those relating to bonded indebtedness. 8. If a preson has paid any one year's school tax during the year immediately preceding the election regarding the question of refunding bonds, and is otherwise qualified, he is entitled to vote at such election. 9. All legal voters who are residents in a joint district may vote upon any question pertaining to school matters of said district, save in the matter of bonds, which requires a voter to be also a taxpayer. 10. At a special meeting held for the purpose of voting upon the question of issuing bonds, the election judges have the right to require every one to swear in his vote, whether the vote is challenged or not, unless the voter presents his tax receipt. If real estate is in the names of both man and wife, even though the tax receipt shows but one name, both are legal voters. If a man has given his wife part of his real estate, but no deed has yet been given to the wife, even though she has paid taxes upon the same, she has not the right to vote. A person who has been assessed for taxes, but has as yet paid no taxes in the district, would not be entitled to vote. If propei'ty is in the wife's name, but the tax receipt is in the hus- band's name, the wife would have the right to vote, and not the husband. 26 BONDS. §11 11. Any person net a taxpayer, but otherwise a legal voter, is en- titled to vote at a regular or Special district school meeting upon all matters coming before such meeting, except upon a proposition to con- tract a debt by loan. 12. On the question of bonding a district, those electors have the right to vote "who have paid a school tax therein in the year next pre- ceding the said meeting." The word "year" is construed to mean the twelve months immediately preceding the meeting or election. 13. In the case of a woman and her husband, each owning prop- erty, the woman's property being real estate, and the county records showing that she is the l)07ia fide owner of the property and pays the taxes, the fact that in listing the property of the husband and wife the assessor made only one list, and that in the husband's name, would not take away the right of the w^oman to vote at a school meeting called to vote upon bonded indebtedness; but the woman should be provided with a tax receipt or a certified statement from the county treasurer, showing that she has paid a tax for the year preceding the date upon which the question of the bonded indebtedness was decided. 14. Voters who have paid a school tax within the year upon prop- erty which at the time of the tax was paid in another school district, but at the time they offered to vote on the question of issuing bonds was by annexation in the district v/here they offered to vote, are legally qualified to so vote. 15. Those legal voters of the district who have paid a school tax therein during the preceding year determine the amount of indebtedness to be created. 16. In the last franchise election, it was held that all persons who paid a property tax were entitled to vote on the franchises. This in- cludes a tax on both real and personal property, and there is no reason why the same rule should not apply to a school district bond election. • County high school can vote honds. 17. Having considered the relation in which the act of 1S99 stands to the School Act, it appears evident that the general assembly intended to create a new and distinct school district, which should exercise all the powers of "school districts" and be classed as a school district, and in the exercise of those powers given to school districts in the state. It is, there- fore, concluded that it has the right to issue bonds in accordance with the provisions of section 11 of the School Act. Maxirmim amount issued. 18. In estimating a maximum amount of bonds that can be issued by a school district, the estimate must be based upon the last complete assessed valuation. 19. In no case shall the aggregate bonded indebtedness of any school district exceed three and one-half per cent, of the assessed value of the propei'ty of said district. 20. A school district created from organized territory, which is al- ready bonded for building purposes, can issue new bonds to an amount not to exceed the difference between its share of the present bonded in- debtedness and three and one-half per cent, of the assessed value of its property, both real and personal. 21. A school district created from organized territory, which is already bonded for building purposes, can issue new bonds to an amount not to exceed the difference between its share of the present bonded in- debtedness and three and one-half per cent, of the assessed value of its property, both real and personal. 22. A school district has no right to create a debt except through bonding the district in accordance with the provisions of section 11, and the further provision that warrants may be issued before the funds to 27 §§12-13 BONDS. pay them are actually in the treasury; Provided only, That the total sum of such warrants does not exceed the revenue of the district for the year in which they were issued. 23. A majority of the votes being for the bonds, the directors issue the same, the maximum bonded indebtedness allowed by law being three and one-half per cent, of the valuation of the district. 24. In regard to the method of raising money to build a school building, the law prohibits the issuing of warrants in excess of the rev- enues of the district for the current year; therefore an arrangement for issuing warrants payable in one, two and three years, the qualified voters to vote a levy to be collected in one, two and three years to pay the war- rants, would not be legal. The voters have no authority to vote a levy except for the current year. It would, therefore, only be possible to raise the money by voting bonds for the amount if the electors do not wish to levy the whole tax in one year. Purposes for which bonds can not 6e voted. 25. Bonds can not be voted for sinking an artesian well; but if the district has sufficient money in its special fund, it may use that money for such a purpose on a vote of the electors. Certificate of indebtedness considered loan. 26. The Constitution of Colorado prohibits the creation of a debt by loan for building purposes in any other way than by a vote of the electors. While a certificate of indebtedness can not be considered a loan, strictly speaking, the courts would probably construe it to be prohibited by the same constitutional provision when issued to cover a debt incurred by building. Ballot tox — when open. 27. It is lawful for the ballot box for voting on the question of bonding the district to be open at the same time as the one for the election of school officers. 12. Registry of bonds — recorder's duty. Whenever any school district shall issue bonds under the provisions of this act, all such bonds shall, previous to being negotiable, be presented to the recorder of the county, to be duly registered by him in a book kept for that purpose in his office, noting the school district, amount, time of payment and rate of interest, and all such bonds shall state on their face that they are issued under the provisions of this act. [M. A. &., 4058.] 13. Special tax — treasurer's duty — county board — payment — cancella- tion. Whenever any school district shall issue bonds under the provisions of this act, it shall be the duty of the board of com- missioners of the county in which said district may be situated to levy and assess a special tax on the taxable property of such district in amount sufficient to pay the interest coupons thereon, when the same shall become due, according to their tenor and effect, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from 2» BONDS. §14 other funds received by him ; and if there shall be any surplus after paying [the coupons and] the expenses of collecting such special tax, the treasurer shall, without delay, pass the same to the credit of such school district, and such fund so passed to the credit of the district shall be subject to the disposal of the board of directors. And after the expiration of five years next after the issue of such bonds, and annually thereafter, until the full payment of said bonds, the said county commissioners shall provide by taxation and shall collect at least ten per centum, and not more than twenty per centum of the principal of such bonds, which amount shall be assessed and collected the same as the tax for the payment of the interest coupons, and when collected shall be turned over to the treasurer of such school district, such money to be used only in the payment of such bonds, in manner as follows : The treasurer of such school dis- trict, immediately after receiving the money as aforesaid, shall advertise in some newspaper published in his county, if there be any, for four successive weeks, that, on a certain day named in the advertisement, he will pay certain of the district bonds, said bonds to be described in the advertisement by number and amount, and the advertisement shall further state that after the day so fixed for payment the interest on the bonds described as aforesaid shall cease and determine. The said payments shall be made at the oflSce and in the presence of the treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancellation shall be made on the books of the county re- corder, after which they shall be at the disposal of the district board. The provisions of this section for levying and collecting taxes, and for the payment of interest coupons, shall be applic- able to all school districts that have issued bonds under the pro- visions of the laws of the territory of Colorado. [M. A. S., 4059.] Surplus fund may he applied on bonded indebtedness 1. The extra money in the special fund may be used to apply on bonded indebtedness. Provided, That the other necessary expenses of the school have been met, or Provided. That there is sufficient money in the general fund to meet the necessary expenses of the school. 14. Redemption of bonds — premium. In all districts that have issued bonds under the provisions of the laws of the territory of Colorado, the treasurer of the dis- trict, immediately after receiving the annual installment of the funds for the redemption of said bonds, as provided in section 91, shall go into the market and, at the lowest price for which he can obtain such bonds, shall use such funds in the retiring of such bonds to the extent of such fund ; Provided, That the said treas- urer shall not pay more than five per cent., premium on any bonds of his district, and any balance of said funds remaining in the hands of said treasurer shall be invested, as nearly as possible, 29 §§15-16 BONDS. in United States bonds or state bonds of Colorado. [M. A. S., 4060.] NOTE— Section 91 above referred to is section 12 herein. 15. U. S. and state bonds purchased by district treasurer — liow kept — proceeds — sale. ] All United States or state bonds which may come into the hands of any district treasurer, under the provisions of this act, shall be duly recorded in the books of the district, and deposited in the safety vault of some bank within the state, selected by the district board. The interest coupons of said bonds shall be duly collected by the district treasurer, and the proceeds turned over to the county treasurer, to be used in the payment of the interest coupons of the bonds of such district, and the annual tax for the payment of the interest on said district bonds shall be propor- tionately lessened. Said United States or state bonds shall be sold by the district board at the best market rates, and the pro- ceeds thereof used to redeem the bonds of the district when the same become due or when they can be bought at not to exceed five per cent, premium. [M, A. S., 4061.] 16. Change of boundaries not release property — annexed property. No change in the boundary lines of such school district shall release the taxable real estate of the district from assessment and levy of taxes to pay the interest and principal of such bonds, and if there shall be an}^ change of the lines of such school dis- trict, so as to leave any portion of the taxable real estate of the district out of the district, which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy for principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be au}^ change in the lines of such school district, so as to annex any taxable real estate, after the issue of such bonds, the real estate so annexed shall thereafter be subject to the assess- ment and levy for principal and interest of such bonds. [M. A, S., 4062.] Lands not subject to tax. 1. Lands to which title has not been obtained from the government at the time school bonds are issued by a district of which such lands form a part are not subject to tax for the payment of such bonds. Hence, if said lands are set off or detached from the district before title is perfected, they are not subject to a bond tax in the original district when title is complete. Lands subject to tax. 2. State or government lands occupied under contract of purchase, title having already been acquired and land deeded, are subject to assess- ment the same as other lands for the payment of bonds issued by the school district of which they form a part, or such portion of said bonds, 30 BONDS. §§17-18-19-20 if any, that remain unpaid; Provided, "That said lands were deeded before said bonds had matured." 3. Territory detached from a district which has been bonded is not released from taxation to pay both principal and interest of such bonds. Such detached territory is liable for such taxation until the bonds have been fully discharged, the same as if it had remained a part of the original district. 17. County treasurer's fees. The treasurer of the county shall receive the same compensa- tion for the collection of such special taxes as he does for other school taxes. [M. A. S., 4063.] NOTE— See [3 MiHs (Rev.), 1899] for per cent, of compensation. 18. Bonds — how executed. ( All such bonds so issued shall be signed by the president of the board of directors, and shall have the seal of the district at- tached, and shall be countersigned by the county treasurer. [M. A. S., 4004.] 19. Repeal. | An act entitled "An act concerning school bonds," approved January 29, 1872, and all acts amendatory thereto; also, an act entitled "An act to amend, revise and consolidate the acts re- lating to public schools,-' approved February 11, 1870, and all other general laws inconsistent with this act are hereby repealed. [M. A. S., 4005.] 20. Board of directors refund bonded indebtedness — interest. That when the bonded indebtedness of any school district in this state has matured, or may hereafter mature, or has or may hereafter become redeemable at the pleasure of the district, and there shall not be funds in the treasury of such school dis- trict available for that purpose with which to redeem or pay such bonds, it shall be lawful for the board of directors of such school district to issue and sell new bonds, equal to the sum necessary and not otherwise provided for the payment of the bonds then matured or those then redeemable at the pleasure of such school district, and such bonds thus issued shall not be sold at a less price than their par value; Provided, It shall be lawful for the board of directors of any school district having a bonded indebt- edness, to refund the same, at any time, with the consent of the bond owners, in bonds bearing a less rate of interest than the bonds so refunded and running for a longer time, which said bonds thus issued shall be exchanged at not less than par for the bonds outstanding. 31 §§21-22-23 BONDS. Provided, further. That all bonds issued under this section shall bear interest at such rate as said school board may de- termine, not to exceed 8 per cent, per annum, and shall be re- deemable at the pleasure of the district board, in not to exceed ten years and payable in not to exceed twenty years from the date thereof, and the date after which said bonds are redeemable shall be plainly written or printed on the face thereof. [3 Mills (Rev.), 4066.] 21. What laws apply to issue and payment — except. All the provisions of the laws of the state of Colorado, now existing, relating to the duties of district and county officers in the issue and payment of district bonds, and relating to the as- sessment and collection of taxes for the payment of the interest and principal of school district bonds, shall be held to apply equally and in like manner to all matters pertaining to the issue and payment of bonds issued under the provisions of this act, except that the time when taxes shall be levied and collected for the payment of the principal of said bonds shall be as hereinafter provided. [M. A. S., 4067.] 22. County board levy tax — treasurer collect. At the time provided by law for the levying of county taxes in the year next preceding the date at which the first installment of said bonds shall mature, and every year thereafter until the whole amount of said bonds shall be redeemed, the board of county commissioners of any county in which bonds shall have been issued under the provisions of this act, shall levy a tax suffi- cient to pay not less than ten per centum nor more than twenty per centum of the principal of said bonds, and the county treas- urer shall collect the same as other taxes are collected, and shall pay the amount so collected to the district treasurer as is now provided by law. [M. A. S., 4068.] 23. Proviso — submission for refunding — against refunding. Provided, however, That no bonds shall be issued under the provisions of this act until the question of refunding shall first have been submitted to, and approved by, the qualified voters of the district as is now or may be provided by law, except that the electors shall vote "for refunding," or '^against refunding," in- stead of "for the bonds," or "against the bonds." [M. A. &., 4069.] NOTE— See section 90. 32 CERTIFICATES. 24. Grades of certificates — renewals — record. The certificates issued by the couuty superintendent shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for three years and may be renewed by the county superintendent of the county in which it was issued ; the second grade certificate shall be valid for eighteen months; the third grade certificate shall be valid for nine months; Provided, lioirevcr. That not more than two certificates of the same grade (third grade) shall be issued to the same person. A county suprintendent may, upon the application of a teacher holding a first grade certificate, received at a regular examina- tion in another county in the state, and in full force at the time, issue to said teacher a certificate of like grade; Provided, That such certificate shall not show the standing in each branch, nor be subject to renewal, but shall show the conditions upon which it is issued. And he may revoke certificates of any grade at any time, for immorality, incompetency or other just cause. It shall be deemed a violation of law to grant certificates of any of the above grades, except one of like grade, without requiring the ap- plicant to pass a thorough and satisfactory examination in such branches and at such times as are specified in section 15 of this act; and in all such examinations the questions prepared by the superintendent of public instruction shall be used. In ease a certificate is revoked or refused by the county superintendent, the right of appeal to the state board of education shall not be denied the teacher or applicant, if said appeal be taken within thirty days from date of notice of such revocation or refusal. The county superintendent shall keep an official record in a suitable book of the persons so examined, containing the names, age, nativity, date of examination and grade of certificate issued ; he shall also retain for three months the written answers of all applicants at the regular examinations and hold the same sub- ject to the order of the state board of education; Provided, further. That in a school district of the first class the examina- tion may be conducted by the school board of such district in such manner and at such times as the board may determine, who shall have power to issue district certificates of the same grades and under the same conditions as are specified in sections 15 and 16 of this chapter, said certificates, however, shall be reported to the county superintendent, who shall keep a record of the same, and shall be valid only in the district where issued, such boards may, how^ever, if they see fit, issue certificates without examinations to high school teachers who hold satisfactory evi- 2 33 §24 CERTIFICATES. dence of adequate training for the work they are to do. [3 Mills (Eev.), 3980.] NOTE— Section 16 above referred to is section 24, and section 15 is section 99 herein. NOTE— Questions prepared by superintendent of public instruction. See section 181. Life of first grade certificate — renewal. 1. The life of a first grade certificate is three years. Such certili cate may be renewed by the county superintendent in the county in which it was originally issued at the time, or immediately before its expiration. 2. A first grade certificate can not be renewed if presented for renewal after the expiration of the time for which it was issued. 3. A first grade certificate may be renewed, indefinitely, without examination, in a county in which it was originally issued. 4. A certificate can not be made to extend beyond the time for M^hich it was originally given, save through renewal in the proper manner of a first grade certificate. 5. A first grade certificate issued in one county can not be renewed by a county superintendent of another county, but he can issue one of like grade which shall not show standing nor be subject to renewal. 6. In renewing a first grade certificate one of two practices should be observed. The certificate should be renewed for the full term for which the original was issued — that is, should be so renewed that the time should correspond with the date upon which the original expires — or the recognition should simply be until the next examination. 7. The fact that a teacher failed to pass the examination in another county would not affect the standing of the first grade already obtained by her. It is entirely optional with the county superintendent as to whether a first grade certificate shall be renewed or not. 8. The law provides that a first grade certificate may be renewed by the county superintendent of the county in which it was issued Since Adams county is a portion of that territory in which the certificate was issued, it may be renewed at the discretion of the county superin- tendent. Renewal optional with county superintendent. 9. As it is entirely discretionary with the county superintendent whether or not a first grade certificate shall be either renewed or recog- nized by a "like grade," a first grade can not in any case be considered equivalent to a state certificate, which must be recognized in every part of the state during the life of the holder. 10. The renewal of a certificate is optional with the county super- intendent; and he would be justified in refusing to renew or issue a like grade certificate if he deemed it proper so to do. 11. It is entirely optional with a county superintendent as to whether a first grade certificate shall be renewed or not. If renewed, it is for the full time for which it was originally issued. 12. A county superintendent may renew her own certificate under the same conditions as other renewals are made. Endorsevient of first grade certificate. 13. The endorsement of a first grade certificate until the next ex- amination will not invalidate it in the county where issued. 14. It is a violation of the law to endorse county teachei's' certifi- cates issued in this, or any other state, if the certificate be not in full 34 CERTIFICATES. §24 force at the date of such endorsement. Should the board employ a teacher without a license to teach, all claim to compensation on the school fund for the term will be forfeited. Experience necessary for first grade certificate. 15. There is no law concerning the practical experience in teaching to be considered in issuing a certificate of any grade except in the pre- scribed rules and regulations governing county examinations of teachers, which rules are sent from this office. Rule 14 definitely states appli- cants for certificates of the first grade shall have taught successfully for at least one year. 16. The one year's successful teaching required for eligibility to a first grade certificate is not restricted to teaching in Colorado. 17. The year's experience required for a first grade certificate is construed to mean twelve months. 18. There is no provision in the Colorado school law crediting teachers with a year's experience who have taught the blind, deaf, or mentally deficient, for one year. Duplicates 19. A duplicate first grade certificate, while in force, can be re- newed just as if it were the original. 20. The law makes no provision for the writing of a duplicate cer- tificate for the convenience of the person holding a first grade certificate. Special permission may be obtained by a county superintendent to write a duplicate certificate in ca"se the holder of the original gives proof of its being lost or destroyed. 21. Regarding the issuance of a duplicate certificate, I would ad- vise you to give one, providing the teacher makes a written statement regarding the loss of said certificate, so that your files may show that there was no irregularity in the granting of the duplicate. Life of second grade certificate. 22. A second grade certificate is not good for eighteen months' teaching; it is simply in force for eighteen months from the date upon which it was issued. Experience not necessary for second grade certificate. 23. I know of no law authorizing a county superintendent to refuse gi-anting a second grade certificate to an applicant meriting the same, on account of an absence of experience in teaching. Second grade certificate can not he renewed. 24. A second grade certificate can not be legally renewed, neither does the law make provision for the issuing of a certificate of like grade. Second grade certificate not changed loithout examination. "25. It is not legal to change a second grade certificate to a first grade certificate, no matter what the averages may be upon the certifi- cate. It is absolutely necessary that the holder of said certificate should take an examination, making the grades required for a first grade cer- tificate, to obtain such a certificate. Life of third grade certificate. 26. The nine months specified in issuing a' third grade certificate means that the certificate is valid nine months from the date of the ex- amination upon which it was issued. It does not mean that it Is good 35 §24 CERTIFICATES. for nine months' teaching, no matter when the teaching may be done. The same rule holds good for the time specified upon a first or second grade certificate. Third grade certificate — when invalid. 27. The clause "Provided, however. That no more than two cer- tificates of the same grade shall be issued to the same person," is in- terpreted as referring to third grade certificates. 28. A third grade certificate issued to one who has proviously held two third grades is invalid. Like grade certificates. 29. The endorsement or renewal of certificates and the issuing of like grade certificates are in all cases optional with the county superin- tendent. 30. The county superintendent has the power to issue a like grade certificate upon a renewal of a first grade certificate issued in another county, that is, a renewal made by the superintendent in the county in which the certificate was originally issued. There is nothing compulsory in regard to the issuing of a like grade certificate. If, in the judgment of the county superintendent to whom the certificate issued in another county is presented, it seems best that the applicant should take the ex- amination rather than that the renewed certificate shall be recognized by a like grade, he has alsolute authority to do so. 31. A like grade certificate can not be issued on a second grade certificate, though such second grade certificate has a first grade average. 32. A like grade certificate is not renewable and expires at the time the original issuance of the certificate is ended, or at the time the renewal expires. 33. It is not legal to issue a like grade on a second grade, as the law plainly states that a like grade certificate shall only be given in lieu of a first grade certificate in full force issued in another county than that in which the school is to be taught. 34. The School Law makes no provision for the issuing of a cer- tificate of like grade to the holder of a second or third grade certificate. 35. A certificate of like grade from one county can not be endorsed by a county superintendent of another county, but if the first certificate upon which the like grade w'as issued is still in force another like grade certificate upon it can be issued in another county. 36. The life of a like grade certificate is concurrent with that of the origin9,l in lieu of which it was issued. 37. A like grade certificate may be issued in lieu of a first grade certificate which has been renewed in the county where issued. 38. A like grade certificate may be issued in lieu of a first grade, even though the first grade show previous endorsement. 39. A like grade certificate may be issued only to a person who is to teach in the county where such certificate is issued. Revocation of certificates. 40. A certificate to teach can not be annulled or withdrawn from a holder without cause for so doing. This section especially provides for such cases. 41. A certificate to teach can not be revoked by a county superin- tendent without having good and sufficient reasons for so doing. Alleged exorbitant wages named in a contract between him and the directors of a district would not be lawful reason for revoking a certificate unless fraud of some kind could be shoM^n. 36 CERTIFICATES. §24 42. A teacher's certificate may be i-evoked for immorality, incom- petency, drunkenness or like cause. The fact that a person who applies for a teacher's certificate is a person of bad habits, who becomes intoxi- cated, or is a gambler, would be sufficient reason to refuse to grant him a certificate. Positive proof, however, should be in the possession of the county superintendent when taking such action. 43. The laws of this state make it impossible for a school board to discharge a teacher without some cause that would be considered in the courts a sufficient reason for bi-eaking the contract between the teacher and the school board. Incompetency,v^ immorality, drunkenness, etc., are the reasons that are usually given. 44. If a certificate was obtained illegally, and the county superin- tendent has positive proof of the same, it would be sufficient reason for revoking it. College diploma not license to teach. 45. A college graduate from another state is not exempt from the regular county examination. 46. A college diploma is not a license to teach in any public school in the state. Special examinations are not given or granted. A county teacher's certificate issued in any other state may be recognized in case of emergency, providing that the certificate be in full force at date of endorsement. Permits not granted. 47. There is absolutely no authority in law for a temporary permit or certificate of any nature whatevei'. 48. The laws of Colorado do not make it possible for a permit to teach to be granted to any teacher expecting to enter the public school work of this state. Expiration of. 49. There is absolutely nothing that can be done in the case of an expired certificate of any grade. A second grade certificate could not be renewed even if unexpired. The laws of Colorado do not permit the endorsement of expired certificates; neither do they permit the holding of special examinations. From other counties — optional. 50. There is nothing in the law to compel a county superintendent to recognize a teacher's certificate issued in any other county, even though a school board in the county superintendent's own county has engaged such teacher to do the school work in the district. Appeals from county superintendent. 51. Except in the case of a formally taken appeal from the action of a county superintendent in refusing to grant a certificate, the state board of education has no authority to pass upon the papers presented by an applicant at a teacher's examination. 52. In case of appeal from the decision of county superintendent to the state board of education by an applicant for certificate at a regular examination, the cei'tificate, if any, issued to said applicant upon such examination, should accompany the papers sent to the state board. 53. The laws of Colorado do not give the state superintendent the right to endorse certificates of any kind from other states. 54. The state superintendent has no authority to grant a certificate to teach except when directed to do so by a vote of the state board of education in cases of appeal and of state examination. §24 CERTIFICATES. 55. The state superintendent has no authority whatever to waive in any manner the requirements of law for a license to teach, nor to grant a temporary certificate or permit, nor to authorize a county super- intendent to grant such certificate or permit. 56. A person holds a certificate that expires September 8. He begins school under contract on September 1. He fails to obtain a certifi- cate in the examination held in August and appeals to the state board of education. Held, that he may continue his school during the pendency of an appeal. 57. When a certificate is revoked by a county superintendent such revocation takes effect on the day named by him, and the holder thereof can not lawfully teach during the pendencj^ of an appeal to the state board of education. 58. The state superintendent has no authority whatever to waive, in any manner, the requirement for the issuing a certificate to teach, nor to order a county superintendent to change the marking, unless the applicant appeals from the decision of the county superintendent to the state board of education. 59. An offer to teach for unreasonably low wages is not a sufiicient reason for refusing to grant a certificate. Of first class districts. 60. In districts of the first class the school directors have entire charge of the examination of applicants for positions in the schools of their district. 61. Certificates issued by districts of the first class are valid only within such districts. 62. In school districts of the first class the examination is conducted by the school board in such manner and at such times as the board may determine. 64. Since the law provides that the certificates issued by the boards of districts of the first class must be of the same grades a,nd under the same conditions as those specified in sections 99 and 24 of the school law, it follows that equal requirements must be made in districts of the first class as in other districts, and the board would not have the right to exempt the candidates from examination in one or more of the subjects specified in section 99 of the school law. 65. Teachers' certificates issued by the board of directors of first class districts are reported to the county superintendent and a record kept of the same, but they are not renewed nor endorsed; therefore, no fee would be charged for the registration of said certificates. 66. There is no law authorizing second and third class districts to hold examinations for teachers to be employed by such districts. 67. The laws of Colorado do not give county superintendents the slightest authority to recognize district certificates in any way. Such certificates are valueless so far as entitling their holders to a right to teach in other schools of the county. Neither can examinations for teachers' certificates be taken at any time except as prescribed by law for public examination. 68. According to this section the school board of a first class dis- trict has the right to conduct an examination in such manner and at such time as the board may determine; therefore it may decide to hold the examination on consecutive days, or on irregular days, as desired. The school board has the right to prepare its own questions used in this examination, or to authorize some person to prepare them. 69. All first class districts have a right to make their rules and regulations governing examinations for certificates and for any special line of work. 38. CERTIFICATES. §24 70. School boards, in districts of the first class, have entire control of the examination and licensing of applicants to teach in their districts. They also have a legal right to renew certificates without examination. 71. Until a first class district is fully organized, so far as its board, etc., is concerned, in conformity with the provisions of the law relating to first class districts, the board of the district would have no right to grant certificates to the teachers employed. Until the board was fully organized as a first class board the teachers employed in the district should be required to take the regular county examination. 72. When a district of the first class has issued district certificates in recognition of first grade county certificates, and one of the county cer- tificates is revoked by the county superintendent, assuming that the cer- tificate referred to was granted under the last clause of section 24 of the state school law, the county certificate being taken as evidence of scholastic attainments instead of an examination being held upon which to grant the district certificate, and also that the county certificate was taken by the district board as satisfactory evidence of adequate training etc., the revocation of the county certificate would not revoke the district board's certificate any more than it would if the board's certificate had been granted on some other evidence. 73. In districts of the first class the board may issue certificates without examinations, to high school teachers who hold satisfactory evi- dence of adequate training for the work they are to do. In districts of the second and third class they must pass the regular county examina- tion, and the examination shall extend to such additional branches of study as are to be pursued in the high school in which they are to teach. 39 COMPULSORY EDUCATION. 25. Unlawful to employ children under fourteen during school — fines. That it shall be unlawful for any person, persons or corpora- tion to employ any child under the age of fourteen to labor in any business whatever during the school hours of any school day, of the school term of the public school, in the school district where such child is, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in those branches required to be taught in the public school of the state of Colorado, or shall have been regu- larly instructed at home in such branches, by some person quali- fied to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of said employment, deliver to the emploj^er a certificate in w^riting, signed hj the teacher, certifying to such attendance or instruction ; and any person, persons or corporation who shall employ any child contrary to the provisions of this section shall, upon conviction, be denied guilty of a misdemeanor and fined in a sum not less than twenty -five (25) dollars nor more than fifty (50) dollars, and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the ofi'ense occurs. [M. A. S., 417.] Child must be taught in English. 1. The demands of a compulsory education law would not be met in case a child attended a private school in which the German language was used, as the intent of the law is that the child shall receive for the time specified equivalent instruction to that given through the public schools, which the laAv requires shall be taught in the English language. Does not apply to deaf and blind. 2. Attendance is not compulsory at the state school for the deaf and blind. 26. Children must be sent to school — exception — clothing. Every parent or guardian, or other person in the state of Colorado, having control of any child or children between the ages of eight (8) and fourteen (14) shall be required to send such child or children to a public school, or private school taught by a competent instructor, for a period of at least twelve (12) weeks in each year, at least eight (8) weeks of which time shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such 40 COMPULSORY EDUCATION. §26 prirent, guardian or person having control, resides, upon its being shown to their satisfaction, that such child's bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required; Provided, That if such parent or guardian is not able, by reason of poverty, to pro})erly clothe any such child, it shall be the duty of the school board of the proper district, upon the fact being shown to their satisfaction, to furnish the necessary clothing and pay for the same out of the school fund of such district, by warrant drawn as in other cases, or that such child or children are taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district in which the child resides; or that there is no school taught within two miles by the nearest traveled road. [M. A. S., 418.] Applied to ages. 1. The compulsory education law refers to children between the ages of 8 and 14 years in third class districts, and to children between the ages of 8 and 16 in first class districts. 2. The compulsory education law does not apply to children under 8 years of age. 3. If a child between the ages of 8 and 16 has attended school in his district of the third class twelve weeks, eight of which have been consecutive, he has complied with the provisions of the compulsory educa- tion law pertaining to children in districts of the third class. 4. The intent of the law pertaining to "no school taught within two miles by the nearest traveled road," is to apply to children whose bodily or mental condition or whose age would render them unable to travel the distance alone in bad weather. Demands not met by teaching German. 5. The demands of a compulsory education law would not be met in case a child attended a private school in which the German language was used, as the intent of the law is that the child shall receive for the time specified equivalent instruction to that given through the public schools, which the law requires shall be taught in the English language. Board can not pay for private instruction. 6. A school board can not legally contract for the work of instruct- ing high school pupils to be done by a private party or corporation and pay for it out of public school funds. 7. A director of a school board has no right whatever to draw money from the funds of a school district to pay for his child's board while attending school in another district. Any member so misappro- priating the funds of the district can be compelled by process of law to refund the money. 8. Tliei'e is no law authorizing the school board to pay from the school fund the board of children who do not live within the vicinity of the school. Meaning of terms "year'' and "court of competent jurisdiction.'" 9. The term "year," used in the act entitled, "An act to secure to children the benefit of an elementary education," is defined to mean the school year. And the term, "A court of competent jurisdiction," used in the same act, is defined to mean a justice, a county or a district court. 41 §§27-28 COMPULSORY EDUCATION. Laio does not prohibit being expelled. 10. The compulsory attendance law does not prohibit a pupil from being expelled from public schools, in proper cases. 27. Failure to comply with act — misdemeanor — penalty. Any parent, guardian or other person failing to comply with the provisions of section 2 of this act shall, upon conviction, be deemed guilty of a misdemeanor and fined in a sum not less than five nor more than twenty -five dollars for each offense; and all fines so collected shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. [M. A. S., 419.] Parents can not avoid law by sending children away. 1. When a boy's parents live in a school district they can not avoid the provisions of the compulsory law by sending their son to another locality, the child and the parents being exactly as liable to the previsions of the law as if they were keeping him in town and he was not attending school. 28. School director prosecute — failure — penalty. It shall be the duty of any school director of the district to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting, the reason, if any, there- for; and he shall forthwith proceed to secure the prosecution of any offense occurring under this act ; and any director neglecting to secure such prosecution for such offense, within ten days after a written notice has been served on him by any taxpayer in said district, unless the person so complained of shall be excused by the district board of education for the reasons hereinbefore stated, shall, upon conviction, be deemed guilty of a misdemeanor and fined in a sum not less than ten nor more than fifty dollars; and such fine when collected, shall be paid into the county treas- ury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for in the name of the state of Colorado. [M. A. S., 420.] Duties of directors. 1. Under the act of 1889, it is made the duty of any school director of any school district in this state, to inquire into all cases of neglect of a parent, guardian or other pei^son having control of any child or children between the ages of eight and fourteen years, to send such child or chil- dren to school for a period of at least twelve weeks in each year, and to prosecute any person guilty of such neglect. 2. Any director of any school district wherein an offense is com- mitted under the act failing to prosecute the same after it shall be brought to his attention, may be deemed guilty of a misdemeanor, and upon con- viction thereof may be subject to a fine of not less than ten nor more than fifty dollars. 42 COMPULSORY EDUCATION. §§29-30-31 3. School directors of third class district have the authority to inquire into all cases of neglect of duty in regard to sending children to school, as prescribed by law, and the school directors not only have the right to prosecute the perpetrator of the offense, but it is made the bounden duty of any director to do so within ten days after a written notice has been served on him by any taxpayer of said district. The case may be brought before any justice court. 4. It is the duty of the school board to enforce the compulsory law. Complaint of its violation may be made by any elector of the district. Funds of district used to prosecute. 5. The funds of the school district may be used to pay the expenses of procedure when it becomes necessai-y to compel parents to send chil- dren to school. 29. Malicious prosecution. That upon the trial of any offense as charged herein, before any court of competent jurisdiction, if it shall be determined that such prosecution was malicious, then the costs in such case shall be adjudged against the com])lainant and collected as fines in other cases. [M. A. S., 421.] Meaning of the terms "year" and "court of competent jurisdiction.'" 1. The term "year," used in the act entitled, "An act to secure to children the benefit of an elementary education," is defined to mean the school year. And the term, "A court of competent jurisdiction," used in the same act. is defined to mean a justice, a county or a district court. 30. Attendance at night school equivalent to half time. Two weeks' attendance at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. [M. A. S., 422.] 31. Children sent to school — exception — appeal. That in all school districts of this state, all parents, guar- dians and other persons having care of children shall instruct them, or cause them to be instructed, in reading, writing, spelling, English grammar, geography and arithmetic. In such districts, every parent, guardian or other person having charge of any child between the ages of eight (8) and sixteen (16) years, shall send such child to a public, private or parochial school for the entire school year during which the public schools are in session in such district; Provided, however. That this act shall not apply to children over fourteen (14) years of age where such child shall have completed the eighth grade, or may be eligible to enter any high school in such district, or where its help is necessary for its own or its parent's support, or where for good cause shown it would be for the best interests of such child to be relieved from the provisions of this act; Provided, further, That if such child is being sufficiently instructed at home by a person qualified, such 43 §31 COMPULSORY EDUCATION. child shall not be subject to the provisions of this act ; and Pro- vided, further, That if a reputable physician within the district shall certify in writing that the child's bodily or mental condi- tion does not permit its attendance at school, such child shall be exempt during such period of disability from the requirements of this act. It shall be the duty of the superintendent of the school district, if there be such superintendent, and, if not, then the county superintendent of schools, to hear and determine all appli- cations of children desiring for any of the causes mentioned herein to be exempted from the provisions of this act, and if upon such application such superintendent hearing the same shall be of the opinion that such child is for any reason entitled to be exempted as aforesaid, then such superintendent shall issue a written per- mit to such child, stating therein his reasons for such exemption. An appeal may be taken from the decision of such superintendent so passing upon such application to the county court of the county in which such district lies, upon such child making such applica- tion and filing the same with the clerk or judge of said court within ten days after its refusal by such superintendent, for which no fee to exceed the sum of one dollar shall be charged, and the decision of the county court shall be final. An application for release from the provisions of this act shall not be renewed oftener than once in three months. [3 Mills (Rev.), 4047a.] Applied to districts of the first and second classes. 1. Sections 25 and 26 do not conflict with section 31, as the latter section is a portion of an act applying to districts of the first and second classes only, and the former to districts of the third class. Section 31 can only be enforced in districts of the first and second classes The county superintendent would have the right to request the school board to enforce the provisions of sections 25 and 26; but would have no power to enforce his demands, except in accordance with the provisions of section 28, that is, if the directors refuse to carry out his request, then if any taxpayer of that district will make a written request upon such director to enforce the law, and said director shall refuse to do so, or shall neglect to do so within ten days, he would be liable to a fine of not less than ten, nor more than fifty dollars. The county super- intendent can make the complaint to the court after the director refuses to perform his duty as above. Law does not prohiMt a pupil from being expelled. 2. The compulsory attendance law does not prohibit a pupil from being expelled from public school, in proper cases. Parents can not avoid law iy sending children aioay. 3. When a boy's parents live in a school district they can not avoid the provisions of the compulsory law by sending their son to another locality, the child and the parents being exactly as liable to the provisions of the law as if they were keeping him in town and he was not attending school. DcTnands of law not met hy teaching German. 4. The demands of a compulsory education law would not be met in case a child attended a private school in which the German language 44 COMPULSORY EDUCATION. §§32-33 was used, as the intent of the law is that the child shall receive for the time specified equivalent instruction to that given through the public schools, which the law requires shall be taught in the English language. 32. Children under 14 years not employed — penalty for employing. No child under the age of 14 years shall be employed by any person, persons, com{iany or corporations during the school term and while the public schools are in session, unless the parent, guardian or person in charge of such child shall have fully com- plied with section one of this act. Every such employer shall require proof of such com})liance, and shall make and keep a written record of the proof given, which shall be subject to the inspection of the truant officer, superintendent of schools, or any school director of the district. Any employer employing any child contrary to the provisions of this section, shall be fined not less than twenty-five nor more than one hundred dollars. [3 Mills (Rev.), 4047b.]* 33. Minors between 14 and 16 must read and write — duty of employer — penalty. ; All minors over the age of 14 years and under the age of 16 years who can not read and write the English language, shall at- tend school at least one-half day of each day, or attend a public night school, or take regular private instruction from some per- son qualified, in the opinion of the county superintendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintend- ent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of em- ployment the school attendance or instruction required by this section, and shall on request of the truant officer, furnish the evi- dence that such minor is complying with the requirements of this section. Every emploj'er failing to comply with the requirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dollars; Provided, That any employer with the ap- proval or consent of the county superintendent of schools may make provision for the private instruction of minors in his em- ploy. [3 Mills (Rev.), 4047c.] Demands of laiv not met l>y teaching German. 1. The demands of a compulsory education law would not be met in case a child attended a private school in which the German language was used, as the intent of the law is that the child shall receive for the time specified equivalent instruction to that given through the public schools, which the law requires shall be taught in the English language. 45 §§34-35 COMPULSORY EDUCATION. 34. Truant — who is — juvenile disorderly person. Every child within the provisions of this act who does not attend school, as provided in section one of this act, or who is in attendance at any public, private or parochial school, and is vicious, incorrigible or immoral in conduct, or who is an habit- ual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who habitually wanders about the streets in the night time, having no employment or lawful occu- pation, shall be deemed a juvenile disorderly person, and be sub- ject to the provisions of this act. [3 Mills (Rev.), 4047d.] School directors must enforce law. 1. It is the duty of the school board to enforce the compulsory law. Complaint of its violation may be made by any elector of the district. 2. Under the act of 1S89, it is made the duty of any school director of any school district in this state, to inquire into all cases of neglect of a parent, guardian or other person having control of any child or children between the ages of eight and fourteen years, to send such child or chil- dren to school for a period of at least twelve weeks in each year, and to prosecute any person guilty of such neglect. 3. Any director of any school district wherein an offense is com- mitted under the act, failing to prosecute the same after it shall be brought to his attention, may be deemed guilty of a misdemeanor, and upon con- victim thereof may be subject to a fine of not less than ten nor more than fifty dollars. 4. School directors of third class districts have the authority to inquire into all cases of neglect of duty in regard to sending children to school, as prescribed by law, and the school directors not only have the right to prosecute the perpetrator of the offense, but it is made the bounden duty of any director to do so within ten days after a written notice has been served on him by any taxpayer of said district. The case may be brought before any justice court. Does not prohibit expulsion. 5. The compulsory attendance law does not prohibit a pupil from being expelled from public schools, in proper cases. 35. Truant officer — powers — duties — record. To aid in the enforcement of this act, the board of school directors in districts of the first and second class shall have power, and it shall be their duty, to appoint one or more truant officers whose compensation shall be fixed by the board appoint- ing him. The truant officer shall be vested with police powers, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and in the way of investigation or otherwise, to enforce this act. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation who shall violate any of the pro- visions of this act, and shall otherwise discharge the provisions of this act, and perform such other services as the county super- COMPULSORY EDUCATION. §36 intendent of schools or the board of directors of the school dis- trict may deem necessary to preserve the morals and secure the jjood conduct of school children, and to enforce this act. The truant officer shall keep a record of his transactions for the in- sjiection of the county superintendent of schools and of the di- rectors of the school district, and suitable blanks shall be pro- vided for his use bv the secretary of the school district. [3 Mills (Rev.), 4047e.] 36. Truant officer — duties — conviction of parent — penalty — bond — de- fense. The truant officer shall examine into any case of truancy within his district, and shall warn the parent, guardian, or others in charge of the child of the final consequences of truancy if per- sisted in. When any child between the ages of eight and four- teen years, or any child between the ages of fourteen and sixteen years, who can not read and write the English language, or is not engaged in some regular employment, or any child between the age of fourteen years and sixteen years who has been dis- charged from employment to obtain instruction or schooling, is not attending school without lawful excuse and in violation of the provisions of this act, the truant officer shall notify the parent, guardian, or other person in charge, of the fact, and require such person to cause the child to attend some recog- nized school within five days from the date of the notice, and it shall be the dutj^ of such person so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint in the county court of the county in which such child lives, against the parent, guardian or other person having such child in charge, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require the person so convicted to give a bond in the penal sum of |100, with sureties to the approval of the judge of such court, conditioned that he or she will cause the child under his or her care to attend some recognized school within five days thereafter, and to remain at school during the term prescribed at law. And upon the failure or refusal of the parent, guardian or other person to pay such fine or furnish such bond according to the order of the court, the said parent, guar- dian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. For violation of the bond, suit may be brought in any court of competent jurisdic- tion, in the name of the school district, and the amount recovered shall go to the school fund of the district. . If the parent, guar- dian or other person shall prove his inability to cause the child to attend a recognized school, it shall be a defense, but the child 47 §§37-38 COMPULSORY EDUCATION. shall be deemed a juvenile disorderly person within the meaning of section 4 of this act. [3 Mills (Rev.), 4047f.] NOTE— Section 4 above referred to is section 28 herein. Truant officers. 1. The compulsory education law of 1899 applies to children in the state between the ages of fourteen and sixteen, who can not read and write the English language, or who are not engaged in some regular employment. Therefore, truant officers of the state are required to act with refer- ence to children between the ages of fourteen and sixteen, when the cir- cumstances demand, as with children under the age of fourteen; also, county courts are required by law to take jurisdiction of such cases. Ftmds of district used to enforce law. 2. The funds of the school district may be used to pay the expenses of procedure when it becomes necessary to compel parents to send children to school. ; 37. Juvenile disorderly person — commitment — term — expense. Whenever a child shall be a juvenile disorderly person within the meaning of this act, the truant officer, or any school teacher, or other reputable person, may make complaint in the county court of the count}^ in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly person within the mean- ing of this act, he or she shall be committed to a children's home, if eligible, or to the boys' industrial school or to the girls' in- dustrial school, or to some other training school, taking into ac- count the years of the child with reference to the insttution se- lected. Any child committed to a children's home, on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other proper insti- tution. No child committed to anj^ reformatory shall be detained beyond its majority, and may be discharged sooner or paroled by the trustees or board of control under rules and restrictions ap- plicable to other inmates. Any order of commitment may be suspended hy the judge of the county court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportatioh of the child to the juvenile reformatory, and of the costs of the case in which the order of commitment is made, shall be paid by the county from which the child is committed. [3 Mills (Rev.), 4047g.] 38. Child unable to attend school — relief. When any truant officer is satisfied that any child within the requirements of this act is unable to attend school because re- quired to work at home or elsewhere in order to support itself or help or support others legally entitled to its services, the truant 48 COMPULSORY EDUCATION. §§39-40-41 officer shall report the case to the authorities charged with the relief of the poor, who shall thereupon afford such relief as will enable the child to attend school ; Provided, That such child shall not be required to attend more than three hours a day during school daj^s. In case the child or its parents or guardians neglect or refuse to take advantage of such provision made for its in- struction, such child may be committed to a children's home or juvenile reformatory, as hereinbefore provided. [3 Mills (Rev.), 4047h.] 39. Violation — penalty. Any person who violates any provision of this act for which a penalty is not herein provided, shall be fined not more than fifty dollars. [3 Mills (Rev.), 40471.] 40. Second conviction — penalty — trial by jury. Ever}' person who, after having been convicted once of vio- lating any of the provisions of this act shall be convicted a sec- ond time of a similar offense, may, in addition to the punishment by way of fine elsewhere provided for, be imprisoned not less than 10 days nor more than 30 days; Provided, That in all cases arising under this act in which a fine or imprisonment may be a part of the judgment, trial shall be bv jurv if not waived. [3 Mills (Rev.), 4047J.] 41. Not apply to districts without accommodations. This shall not apply to school districts in which there are not sufficient accommodations in the public schools to seat children compelled to attend under the provisions of this act. [3 Mills (Rev.), 4047k.] 49 COUNTY SUPERINTENDENT. 42. Election — oath — bond — term of office. There shall be elected in each county, at the general election in the j^ear one thousand eight hundred and seventy-seven, and biennially thereafter, a county superintendent of public schools, who shall take office on the second Tuesday of January next suc- ceeding that in which such election shall be held. He shall hold his office for two years, and until his successor shall be elected and qualified. Before entering upon the duties of his office, he shall take the oath prescribed by the constitution, and (execute a bond payable to the people of the state of Colorado, with two or more sureties, to be approved by the board of county commission- ers, in penalty of not less than two thousand dollars, to be in- creased at the discretion of said board, conditioned upon the faithful performance of the duties of his office and the delivery of all moneys and property as such superintendent to his suc- cessors, which bond shall be filed in the office of the county clerk. [M. A. S., 3977.] Qualiflcations. 1. In addition to other qualiflcations, a person to be eligible to the office of county superintendent must have resided in the county at least one year preceding his election. 43. Act till successor qualified. ; When the term of office of any sheriff, * * * or other county officers shall expire, as now provided by law, it shall be lawful for such officer, whether re-elected or not, and his depu- ties, to continue to perform all the duties of such office until his successor shall be duly qualified as required by law. [M. A. S., 920.] 44. Failure to qualify — vacancy — appointment. Should the superintendent-elect fail to qualify as aforesaid, or should there occur a vacancy in said office, the board of county commissioners shall at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify within ten days after his appointment, and who shall continue in office until the next general election there- after. Should such appointee fail to qualify, as aforesaid, an- other appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. [M. A. S., 3978.] 50 COUNTY SUPERINTENDENT. §§45-46 45. When office becomes vacant. Every county office shall become vacant on the happening of either of the following events before the expiration of the term of office: First — The death of the incumbent. Second — His resignation. Third — His removal. Fourth — His ceasing to be an inhabitant of the county for which he was elected or appointed. Fifth — His conviction of any infamous crime, or any offense involving a violation of his official oath. Sixth — His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath and bond within the time prescribed by law. Seventh — The decision of a competent tribunal, declaring void his election or appointment. [M. A. S., 924.] 46. Classification of counties to regulate salaries. For the purpose of regulating the amount of compensation of county superintendents of schools, the counties of the state are divided into seven classes as follows: The City and County of Denver, El Paso and Las Animas Counties shall be the first class; Pueblo, Weld, Boulder, Fremont and Teller Counties shall be the second class; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and Otero Counties shall be the third class; Chaffee, Clear Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Counties shall be the fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma Counties shall be the fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Mineral. Phillips, Rio Blanco, San Juan, Sedgwick, Summit and Washington shall be the sixth class; Dolores and Hinsdale shall be the seventh class. County superintendents of schools shall receive the following compensation, to be paid quarterly out of the county treasury, to wit: In counties of the first class, an annual salary of twenty-eight hundred dollars (.f 2,800.00); in counties of the second class an annual salary of two thousand dollars ($2,000.00); in counties of the third class, an annual sal- ary of twelve hundred dollars (f 1,200.00) ; in counties of the fourth class, an annual salary of eleven hundred dollars (11,100.00); in counties of the fifth class, an annual salary of eight hundred dollars (fSOO.OO); in counties of the sixth class, an annual salary of five hundred dollars (fSOO.OO) ; in counties of the seventh class, an annual salary of one hundred dollars (flOO.OO) ; in all but first and second class counties, boards of county com- missioners may allow mileage not to exceed ten cents (10c) per 51 §§47-48 COUNTY SUPERINTENDENT. mile for distance necessarily and actually traveled in the per- formance of duty, not to exceed an aggregate of three hundred dollars (|300.00)Ver annum in any county. [L. '05, p. 175, § 2.] 47. Compensation of county superintendents — office hours. The commissioners shall provide him with a suitable office at the county seat, and all necessary blank books, stationery, postage, expressage and other expenses of his office, not other- wise provided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his office open for the transaction of official business such days each week as the duties of the office may require. [M. A. S., 3989.] NOTE— This portion of original M. A. S. 39S9 not necessarily repealed by section 14, page 312 of Session Laws of 1891, and so still remains in force. NOTE — The following was the first part of this section prior to the passage of L. '91, page 312, section 14, which was amended by L. '99, page 336, section 10, which in turn was amended by above section. "For the time necessarily spent in the discharge of his duty he shall re- ceive five (5) dollars per day, and fifteen (15) cents for each mile necessarily traveled one way. He shall, as far as practicable, render an itemized bill of his services and mileage, each month or quarter, to the board of county com- missioners, and shall make oath that the bill is just and correct; whereupon the county commissioners shall order a warrant on the county treasurer, pay- able from the general county fund; Provided, That the annual salary so re- ceived shall in no case exceed one hundred dollars for each regularly organized public school in the county." Expenses, how paid. 1. Section 47 of the annotated school laws provides that all neces- sary blank books, stationery, postage, expressage, and other expenses of the county superintendent's office, not otherwise provided for, shall be paid for from the county fund. As to what might be considered necessary expenses other than those enumerated, would be a m.atter for the county commissioners to deter- mine. 48. Deputy — how paid. If for any cause the superintendent is unable to attend to the duties of his office, he may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of county superintendent, but such deputy shall draw no salary from the public fund; Provided, That the super- intendent may receive a per diem for the services of such deputy. [M. A. S., 3981.] Deputy — compensation. 1. A county superintendent may employ some one to do the work incidental to his ofBce, the person thus employed to be remunerated by the county superintendent, except in counties of first class such assistant is paid from county treasury. 52 COUNTY SUPERINTENDENT. §§49-50-51 2. Deputy county superintendents, except in counties of first class, can only receive a per diem,, such as may be fixed by county superin- tendent and allowed by the county commissioners, and a failure to pro- vide mileage leads to the conclusion that it was not intended that deputy superintendents should receive mileage at all. 3. A county superintendent of a county of the first class may em- ploy a deputy, whose salary shall be fixed by the board of county com- missioners, and who shall be paid from the county treasury. 49. Deputies and assistants of county superintendent — compensation. Deputies and assistants may be employed by the sheriffs, county clerks, county treasurers, county assessors and county superintendents of schools, under the direction of the board of county commissioners for said counties respectively, and clerks of the district court under direction of the judge of such court, and shall be paid salaries out of the fees, commissions and emoluments of the office wherein employed (except employes of county assessor and of county superintendent, who shall be paid out of the county treasury), the compensation and time of service to be fixed by the board, the selection of said deputies and employes to be made by the officer authorized to employ them; Provided, That the provisions of this section relating to the county superintendents of schools shall applv only in counties of the first class. [3 Mills (Rev.), 1936x.] First class county — deputy — salary. 1. A county superintendent of a county of the first class may em- ploy a deputy, whose salary shall be fixed by the board of count^^ com- missioners, and who shall be paid from the county treasury. 50. County superintendent's annual report. On the first Tuesday of September in each year, the county superintendent shall make a report to the superintendent of public instruction for the school year ending June 30 next pre- ceding, which rei)ort shall contain an abstract of the reports made to him by district secretaries, and such other matters as the superintendent of public instruction may direct, and shall be in such form and upon such blanks as the superintendent of public instruction shall furnish. The county superintendent shall retain a copv of all such reports and file the same in his office. [M. A. S.,'3982.] 51. Penalty for failure to report. If the county superintendent fails to make a full and cor- rect report to the superintendent of public instruction, as pro- vided by law, and shall, after written request or notice from the superintendent of public instruction, or from the board of 53 §§52-53 COUNTY SUPERINTENDENT. county commissioners, delay more than ten (10) days after the service of such notice to make such report, he shall forfeit the sum of one hundred dollars, which sum the board of county commissioners may deduct from any money due him; said for- feit may, however, be recovered by suit, upon his official bond. [M. A. S., 3985.] 52. Administer oaths. The county superintendent shall have power, and is hereby authorized, to administer oaths and affirmations to school direc- tors, teachers and all other persons in offiical matters relating to schools; but shall receive no fee for so doing. [M. A. S., 398G.] 53. Duties of county superintendents. It shall be the duty of the county superintendent to exer- cise a careful supervision over the schools of his county, to visit each school at least once during each quarter it is in session, to see that all the provisions of this act are observed and fol- lowed by teachers and school officers; to examine the accounts of the district officers to see if such accounts are properly kept, and all district funds properly acocunted for; to keep, in a good and substantial bound book, a record of his official acts, and of other matters required by law to be recorded; to obey the legal instructions and decisions of the superintendent of public in- struction. He shall also keep a record of the registers, record books and order books furnished to the several districts of his county; and it shall be his duty to hold county teachers' associa- tions whenever, in his judgment, the interests of the school work demand it; the records of the county superintendent's office shall be open to the inspection of any citizen of the county, and within one week from the close of each school year he shall publish in some newspaper published in the county, if there be such a paper, a statement of the apportionment of school funds for the year preceding. [M. A. S., 3984.] Sale of school house — when void. 1. A sale of a school house, unless authorized by vote of the electors of the district, is void and may be set aside in the proper proceedings instituted by any elector of the district or by the county superintendent. Separate reports sent — to whom. 2. In a district where there are two schools, the district teachers should send in separate reports to the county superintendent and secre- tary. County superintendent may teach. 3. There is nothing in the school law of this state to prevent a county superintendent from teaching in his county on account of his hold- ing that ofBce. 54 COUNTY SUPERINTENDENT. §53 Duties. 4. It is necessary to publish the apportionment made to each dis- trict in some newspaper published in your county within one week of the close of each school year. > 5. More than any other person, the county superintendent is the one to look after that portion of the school fund arising from fines, for- feitures, etc. (Section 115, scWool law.) He should examine the books of the county treasurers, records and fee books of justices of the peace and clerks of courts, to ascertain whether or not the fines have been col- lected, and if collected, whether they have been placed to the credit of the proper fund and paid over. Can refuse examination papers from another county. 6. Neither the state superintendent of public instruction nor the state board of education have the power to compel a county superin- ' tendent to recognize examination papers prepared under the supervision of the county superintendent of another county. This is a mere matter .of comity, and is not sanctioned by law. Therefore, whenever a teacher appeals from the refusal of a county superintendent to accept such papers and mark them and issue a certificate thereon, the board of education has no other course than to dismiss the appeal. Illegal expenditure of funds — protest — suit to recover. 7. Any elector of the district or the county superintendent of the county, through legal process, may prevent the board from paying out money as wages to a teacher when she does not possess the necessary license. ' Accounts. 8. The county superintendent has the right to protest against the registering of a school warrant when he has reason to suspect fraud, and if he has proof of fraud in connection with the warrant, he has the same right as an elector of the district to bring proceedings to stop the pay- ment of the warrant. 9. It is the duty of the county superintendent to prevent any illegal expenditure of funds, and any citizen of the district may at any time after any illegal expenditure bring suit to recover the funds illegally expended. 10. When funds are used in violation of the law, any elector of the district or any county superintendent has the right at any time after said funds have been so used, to bring suit to recover the same, the members of the school board that signed the illegal warrants being liable for the amount involved. Powers. 11. The county superintendent's signature is of no legal value in drawing warrants. 12. As between school dix'ectors and the county superintendent, the latter has advisory powers only in arranging course of study, selection of books and grading of schools. 13. A county superintendent has the right to demand the resigna- tion of a member of a school board and to institute legal proceedings to remove an officer of a school district who is persistently violating the law, and any elector of the district has the right to institute proceedings tot the same purpose. ■' 14. A county superintendent has no power whatever to remove a member of a school board under any circumstances, even though the tax- payers may petition the superintendent to make such removal. 55 §54 COUNTY SUPERINTENDENT. 15. The courts alone have the power to remove a school officer Avho fails to do his or her duty. 16. Where a county superintendent calls a county institute or teach- ers' association, he has not the right to rule that the district must pay the teacher for the same, as if she had taught school, although the school board would have the right to give the teacher such a day and pay her for it upon the request of the county superintendent. The right in the matter rests with the district board. 54. Appoint directors. The county superintendent shall appoint directors for any district which fails to elect, as provided in section 44, and shall fill vacancies that may occur in any board of directors by reason of death, removal from office or from the district, resignation or otherwise, except in the boards of directors of districts of the first class, and the officers so appointed shall hold office only un- til the ensuing- regular election. [M. A. S., 3987.] NOTE— Section 44 above referred to is section 92 herein. Vacancies on hoard — how filled. 1. The appointment of persons to fill vacancies in districts of the second and third classes is solely with the county superintendent. If a director is absent from his dictrict 30 consecutive days, it is a valid reason for appointing his successor in office. 2. Where a division of a school district places a member of the school board in the new district it works a vacancy in the board of the old district, and does not make such person a member of the board in the new district. A full board must be chosen in the new district and all vacancies in the old district filled by appointment made by the county superintendent. 3. Vacancies in school boards of the second and third classes must be filled by appointment made by the county superintendent, and the person so appointed holds the position until tlie next annual school elec- tion. 4. If the annual election of school directors is not held, and a special election is not called within the required ten days thereafter, it then devolves upon the county superintendent to fill vacancies by ap- pointment. 5. The statutes give boards of dii'ectors of districts of the first class the entire authority to declare and fill vacancies, and with that authority, by necessary implication, goes the authority to declare vacan- cies, excluding the idea that a county superintendent may have that authority. The county superintendent has no right whatever to hold that a vacancy exists in the board of a district of the first class until such vacancy has been declared by the board itself, or by the courts. 6. In case a school district has not held its annual meeting to elect officers, and vote a tax it becomes the duty of the county superintendent to appoint to the vacant positions, and the duty of the county commis- sioners to levy the tax for the district. This is in accordance with the latter part of section 186 of the school law. Director must reside in district. 7. The law requires that a person who desires to be a candidate for a school director must reside in the district, and it necessarily fol- 56 COUNTY SUPERINTENDENT. §§55-56 lows that in order to remain such director, after election he must con- tinue to reside therein, and when he permanently removes from the dis- trict, he ceases at that instant to be a director. 55. Boundaries of school districts — record — prepare maps. It shall be the duty of the county superintendent to ascer- tain the boundaries of each school district in his county, and to make and keep a record of the same in a suitable bound booli, which record shall show definitely the boundaries of each dis- trict. In case the boundaries are found to be conflicting or in- correctly described, he shall harmonize the same and make a report of such action to the board of school directors whose dis- tricts are affected thereby. District officers shall have access to such records for the purpose of examination, making copies, or for other legitimate purposes. The county superintendent shall I))'epare, or have prepared, a map of the county, showing the cor- rect boundaries of the districts. [M. A. S., 3988.] Boundaries of district. 1. District boundaries can only be established as specified in the school law; they can not be fixed by agreement on the part of members of the school boards. 2. A county superintendent has not the right, after boundaries are established in a new district, to record "amended boundaries" for all the districts, upon his own motion, changing them from what they were at first. 56. County superintendent compare census list — ascertain number of blind and deaf mutes. The census list of the several districts shall be carefully ex- amined and compared by the county superintendent, and if the name of the same person be found upon more than one list he shall strike said name from all lists except that of the district in which such person was residing in good faith on the 10th day of April aforesaid. The residence of an unmarried person of school age shall, in all cases, be held to be identical with the bona fide residence of the parent or guardian of such person; Provided, That such parent or guardian be a resident of the state. If the county superintendent find upon any census list the names of any persons who he believes were not residents in good faith of such district, as aforesaid, he shall notify the secretary certify- ing the list, and if said secretary shall not establish the correct- ness of the list within fifteen (15) days after such notification, such names shall be stricken from the list. At the time of tak- ing the annual census, the secretary shall use reasonable dili- gence to ascertain the number of blind and deaf mute persons resident in the district, between the ages of four (4) and twenty- two (22) years, with the name and postoffice address of each. 57 §56 COUNTY SUPERINTENDENT. Said items shall be embodied in his annual report to the county superintendent. [M. A, S., 4018.] NOTE' — County superintendent's report on June 1 in each year to super- intendent of school for deaf and blind, the names of persons in their counties entitled to admission to such school, section 68. NOTE— Census defined, section 156. Residence defined. 1. A person's permanent residence is his voting place. 2. Where a family resides regularly a part of the year in one dis- trict and a part of the year in another, the residence for school purposes should" be the one held in good faith on the 10th day of April. 3. The word "residing," as used in section 154, has reference to a permanent residence. 4. If persons spend the winter in town, voting in the town in the fall and return to their homes in another district less than thirty days previous to a school election, they are not entitled to vote, since their action in voting in the November election is a declaration of their resi- dence in the town and in removing to another district thirty days pre- vious to a school election, even though they claim that as their home, they would not have gained the right to vote. 5. That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. A person shall not be considered or held to have lost his residence who shall leave his home and go into another state or territory or county of this state for temporary purposes merely, with the intention of re- turning. 6. Residence under the school law means a person's real home, not a temporary abiding place. When people move into a town at the beginning of school, expecting to return to their permanent home at the close of school, they can not claim residence, and the school board has a right to charge tuition to children sent to school by such families. 7. If a person moves his family into a school district for the pur- pose of availing himself of the advantages afforded by that district, and subsequently, during the school year, removes from the district, he is not a resident of such district, within the meaning of the term as used in the school law of Colorado. The following is taken from a decision of the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014) : "Effort has been made to guard against the precipitancy of non-residents to points where superior advantages exist, and schools of high order are maintained, by holding that such children only are entitled to free tui- tion as are actually residing in the district for other reasons, as a main purpose, than to participate in the advantages which the school affords." 8. If a person is holding a homestead claim in good faith, he must retain his residence in the school district in which the homestead is located. 9. The fact that a person pays taxes in two counties does not give him the right to send children to school in both districts in which the taxes are paid. A man's residence can only be in one place, and the place where the home is permanently located determines the district where the children have a right to attend school. 10. In the case of a person who had lived in a district for over a year and a half and who, after teaching six weeks in the district, went away for a certain time, expecting to return, if such a person claimed as his residence the district in which he had resided for over a year and a half, he would be entitled to vote in the district if possessed of the other legal qualifications. 58 COUNTY SUPERINTENDENT. §56 Children's residence — where. 11. In the case of a family residing in good faith upon a home- stead on the 10th day of April, for the purpose of proving up on the same, the children of school age should be listed in the district in which the homestead is located, although the family may reside during the school months, for the purpose of attending school, in another school dis- trict. However, if the parents vote in the latter district, they are not re- siding upon the homestead in good faith, and in such case the children should be listed in the district where the parents vote. 12. The residence of the parents or guardians determine the school district in which the children's names should be listed. In case the mother has one legal x-esidence and the father another, the residence of the mother determines the residence of the children. 13. Those pupils who are entitled to attend school in a district without paying tuition are those whose parents or guardians may legally claim the school district as their residence. 14. In the case of families living in one school district, but sending children to school in another district, the children must be listed to the district in which the parents reside, and not in the district in which they attend school. 15. In determining the residence for the purpose of taking school census, it matters not where the unmarried person of school age may be whose parents or guardian lives in the state, the residence of such person is fixed by the J)ona fide residence of the parent or guardian, and this must be determined by the census enumerator. 16. If the parents or guardian of a child remove from a school district, claiming a residence elsewhere, the child is not properly a resi- dent of the district from which the parent or guardian has moved. 17. A child who is living with a bona fide resident of a district and dependent upon such resident for a living is entitled to attend school in such district free, though the parents of such child are living in an- other district. 18. If parents own no home in a particular district, but rent while the children go to school there, and return to a ranch which they own in another district as soon as school is out, the district in which the ranch is located should enroll the children upon the census list. Minor's residence — where. 19. The residence of a minor is the residence of his parents or guardian. 20. An unmarried person under twenty-one can claim residence where the parents reside, whether absent from home, at school or at work. 21. Considerable difficulty is sometimes experienced in determining "bona fide" residence. The law defines the residence of an unmarried person of school age (that is, of a minor) "to be identical with the bona fide residence of the parent or guardian of such person; Provided, That such parent or guardian be a resident of the state." 22. An emancipated minor has a right to declare his residence, and is entitled to all the school p;-ivileges of the district of which he is, bona fide, a resident. Renter's residence — where. 23. If renters renting by the year and having no other hon^e send children to school, the district in which they are residing in a rented house should enroll the children. 59 §§57-58 COXJNTY SUPERINTENDENT. 24. If renters rent by the month, leaving when school is out, and having a fixed home elsewhere, the children should be enrolled in the district where the fixed home is located. 25. -If renting by the month and having no home elsewhere, al- though leaving when school is out, the children should be enrolled in the district where they rent. 26. If the mother votes in a certain district, living there with the children, that would be her residence and the children should be enrolled in such district. Retain residence — how. 27. A person may retain his residence in a district, if, at the time of leaving the district, it was his intention to return. Non-resident — who. 28. A non-resident of a school district is one whose permanent dwelling place is not within the boundaries of that district. 57. Apportionment of county school fund. The county superintendent shall apportion the general school fund of the county among the several school districts in accord- ance with the provisions of sections seventy-two and seventy- three of this chapter, quarterly, to-wit: On the first Monday in January, April, July and October, in each year, and he may ap- portion the same at other times if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the county treasurer, and shall also notify the secre- tary of each district of the amount placed to the credit of his dis- trict. [M. A. S., 398.3.] NOTE— Sections 72 and 73 above referred to are sections 58 and 59 herein. Transference of funds. 1. If territory is added to a district after the annual census of that district has been taken, the names of persons of school age raiding in the annexed territory should be added to the census list and the dis- trict given its per capita for such additional names. 2. The laws do not permit the transference of the pro rata of the general fund to another district in case of pupils being listed in one dis- trict and immediately moving to an adjoining district. Basis of apportionment. 3. According to the school law the county superintendent appor- tions the general fund among the districts according to the number of persons of school age, as shown by the census lists and reports of the districts for the school year immediately preceding. What the per cap- ita will be depends upon the amount of funds in the treasury and the number of children within your county. 58. Apportionment of school fund — basis. In apportioning the general fund, as directed in section nine- teen of this chapter, the county superintendent shall base the July apportionment, in each year, on the census lists and reports 60 COUNTY SUPERINTENDENT. §59 of the secretaries of the several districts for the school year next preceding, and he shall base all apportionments on said lists and reports for a period of one year, except in the case of the appor- tionment to new districts, as provided in section thirty-two of this chapter. [M. A. S., 4037.] NOTE— Sections 19 and 32 above referred to are sections 57 and 90 herein. Basis of apportionment of funds. 1. The apportionment of the general school fund for the year begin- ning July 1st, annually, is based on the census list prepared, taken be- tween the 10th day of April and 1st of May preceding, and there is no exception to this rule, except in case of formation of new districts; nor is there any provision whereby this fund can be transferred from one district to another, after said census has been taken, although the pupils might remove from one district to the other. 59. Apportionment. The county superintendent shall apportion the funds afore- said among the districts entitled to the same, according to the number of persons of school age, as shown by the census lists and reports of the several districts for the school year imme- diatelv preceding, as provided in section seventv-two. [M. A. S., 4038.]' NOTE— Section 72 above referred to is section 5S herein. Apportionments, when and how made. 1. There are only two apportionments of the school fund by the state superintendent during the year, one in January and one in July. Other apportionments, if any, are made by the county suuperintendents. (See sections 184 and 57 herein.) 2. The laws do not permit the transference of the pro rata of the general fund to another district in case of pupils being listed in one dis- trict and immediately moving to an adjoining district. 61 COUNTY TREASURER. 60. Duties of county treasurer. It is hereby made the duty of the county treasurer in each county, to keep a separate account with each school district in his county, to place to the credit of each the amount of money as certified to by the county superintendent, as provided in sec- tion nineteen, and to pay over the money so collected, upon the presentation of the legally-drawn warrants or orders of the dis- trict officers entitled to draw the same; Provided, That if the county superintendent shall notify the county treasurer, in writ- ing, that there has been a failure on the part of any board of directors to comply with the law, and that said money should be withheld from said board of directors, he shall retain the same until further notice from the county superintendent; on or before the 5th day of July in each year, he shall render, to the county superintendent of schools, a statement of the receipts and disbursements on account of the several districts, of all the school funds which have passed through his hands during the school year next preceding, and at the same time he shall render to each district secretary a statement of receipts and dis- bursements of such district. All money which shall become for- feited by any district shall be put into the general school fund, and be re-apportioned as other moneys. [M. A. S., 3990.] NOTE — Fees for collecting- taxes, section 65 herein. NOTE — Report fines collected, section 101 herein. NOTE— Section 19 above referred to is section 57 herein. Legal custodian of school funds. 1. The county treasurer is the only legal custodian of the school funds. The district treasurer has no legal right to hold in his possession any of the general, special or bond fund, nor have the directors of a school district any legal right to issue orders on the county treasurer, except in favor of those parties to whom the district is legally indebted. In the payment of school bonds, the district treasurer has control of the funds only during the times of advertising and subsequent payment. 2. Funds of first class districts must remain in the hands of the county treasTirer and be drawn upon through warrants made out by the district board, as in districts of the third class. The law makes no provisions for the handling of the funds. Keep account school funds. 3. The law does not require the county treasurer to keep several accounts of the special fund of a district. 4. A school district can not lawfully transfer its apportionment of the general fund or any portion thereof to another district. 5. A county treasurer can legally pay only such warrants as are issued against the school fund of the current year. 62 COUNTY TREASURER. §§61-62 6. All moneys remaining to the credit of any district on June 30 should remain to the credit of such district and can not be turned into the general school fund of the county for reapportionment. Penalties — fines. 7. As a rule, the money for schools from these sources (derived from fines, penalties, etc.) should be turned by the county treasurer into the general school fund of the county rather than into that of a particular district; although fines assessed by justices of the peace may, in some cases, go to the credit of the school district in which the action occurred. Generally speaking, the proceeds of all fines or forfeitures should be placed by the county treasurer to the credit of the general school fund of the county, unless otherwise expressly provided by statutes. 8. County treasurers should place the money arising from fines collected, and belonging to the school fund, in the general fund. 9. The county treasurer is responsible if moneys are turned into the wrong fund by him. It is his duty to place money collected from fines, forfeitures, etc., to the fund designated by law. 61. County treasurer certify school moneys collected — pay over — failure — penalty. The county treasurer shall, on or before the first day of January, April, July and October, of each year, certify the amount of said tax which shall have been collected, and the amount of any other county school money, then in the county treasury, to the county superintendent, and shall render him a statement of the amount uncollected. The amount unpaid shall be collected at any subsequent time, as delinquent taxes, are collected, and shall be certified to the county superintendent, as aforesaid. Should the treasurer fail at any time to pay over the tax, as herein provided, he shall forfeit the sum of one hun- dred (100) dollars, and double damages, to be collected on his official bond; suit to be brought by the county superintendent, for the benefit of his countv [school fund.] [3 Mills Rev.), 4030.] NOTE— County treasurer pa^' school orders, sections 59, 60, 61. 62. Treasurer keep separate accounts — warrants. It shall be the duty of the county treasurer to open and keep separate accounts with each school district in his county, and hold the funds of each district, subject to the legal warrants of the president, as provided by section 53 of this chapter. If the legal warrant of any school district in his county be pre- sented to the county treasurer when there are no funds in his hands to the credit of the district fund against which the war- rant is drawn, he shall endorse such warrant "No funds," and said warrant shall draw interest from the date of such endorse- ment at the same rate as county warrants in like condition. The treasurer shall keep a list of all warrants so endorsed, and shall pay them whenever there is sufficient money to the credit of the proper fund in the order of such endorsement. The in- 63 §62 COUNTY TREASURER. terest on such warrants shall stop when the treasurer shall give notice that he has funds to pay the same; Provided, It shall not be lawful for the officers of any district to issue warrants at any time in an amount in excess of the tax levy for the current vear. [M. A. S., 4033.] NOTE — Duties of county treasurer, in matters of school funds, section 60. NOTE'— See following section as to time of payment. NOTE— Section 53 above referred to is section 73 herein. Legal notice. 1. A legal notice, under this section. Is a publication for twenty days in some newspaper, published at the county seat of such county. Warrants. 2. The total amount of school warrants issued must not exceed the amount of tax levy for the current year. 3. "It shall not be lawful for the officers of any district to issue warrants in excess of the tax levy for the current year." The "current year" is identical with the fiscal year, beginning December 1st and ending November 30th. 4. The above section provides: "It shall not be lawful for the officers of the district to issue war- rants at any time in any amount in excess of the tax levy for the cur- rent year." In this provision the words "tax levy" must be construed to mean "the revenue of the district," including the county fund, the state fund and the fees derived from fines and penalties. "If a school district, on account of some unforeseen casualty or ex- pense, or for some unexpected failure of revenue, should incur an expense in excess of the revenue, it would be its duty to levy a sufficient amount of tax the following year to pay such indebtedness, in addition to its expense for said year. "No warrants can be issued in excess of the revenue, but a certificate of indebtedness should be issued, payable out of the revenues of the suc- ceeding year, and it would be the duty of the board during the succeeding year to draw a warrant for its payment." 5. Funds of first class districts must remain in the hands of the county treasurer and be drawn upon through warrants made out by the district board, as in districts of the third class. The law makes no pro- vision for the handling of the funds. 6. When school districts warrants are sold at a bank or elsewhere and a discount is charged, the holder of the warrant must bear the loss. It is not legal for the school board to make up the discount. 7. Warrants in excess of the revenue for the year are void. 8. The county treasurer is the only legal custodian of the school funds. The district treasurer has no legal right to hold in his possession any of the general, special or bond fund, nor have the directors of a school district any legal right to issue orders on the county treasurer, except in favor of those parties to whom the district is legally indebted. In the pay- ment of school bonds, the district treasurer has control of the funds only during the times of advertising and subsequent payment. 9. In regard to the method of raising money to build a school building, the law prohibits the issuing of warrants in excess of the revenues of the district for the current year; therefore an arrangement for issuing warrants payable in one, two and three years, the qualified voters to vote a levy to be collected in one, two and three years to pay 64 COUNTY TREASURER. §§62a-62b-63-63a the warrants, would not be legal. The voters have no authority to vote a levy except for the current year. It would, therefore, only be possible to raise the money by voting bonds for the amount if the electors do not wish to levy the whole tax in one year. 10. A teacher, having accepted a stipulated salary, can receive that salary only by warrants drawn by the district secretary, and takes them for what they are worth. It would not be proper for the board to simply supplement, by an additional warrant, the shrinkage of irregular warrants on account of the discount in the market. The deficit may be made good by the board, at a regular meeting, voting to advance the salary so as to cover the shrinkage in value of the depreciated warrants. 11. A county treasurer can legally pay only such warrants as are issued against the school fund of the current year. 62a. County treasurer cancel all school orders. TJiat it shall be be the duty of county treasurers to cancel all paid school orders, with a proper cancelling stamp, showing the date of payment. [L. '07, p. 563.] 62b. County treasurer render quarterly statement to school board. That it shall be the duty of county treasurers to render to the secretary of each board of school directors, quarterly, an itemized statement of account of their respective district, show- ing: (a) The numbers and amounts of all orders paid and charged against the accounts of the respective districts; (b) The amounts of money received and credited to the accounts of the respective districts ; (c) The balance due said district at the end of each quarter. [L. '07, p. 563.] 63. Pay school orders as registered. It shall be the duty of the county treasurer of each county in this state, when there are sufficient funds to the credit of any school district, or to the credit of any school fund of any such district, to pay in full the principal and interest of any orders which may be on such fund, in the order of their registration, and if at any time there shall be |200 in the hands of such treas- urer, to the credit of any such fund, it shall be his duty to cause to be published in some newspaper published at the county-seat of such county, for twenty days, a notice that certain school or- ders (describing same by numbers and amounts) will be paid upon presentation, and at the expiration of said twenty days' ad- vertisement such orders shall cease to bear interest. [M. A. S., 4031.] 63a. County treasurer furnish blanks to district board. That the said county treasurers shall enclose with each quar- terly statement, a projter blank upon wiiich the secretary of each 3' 65 §§64-65 COUNTY TREASURER. respective board of directors may report to their county treas- urer that said canceled orders and statements have been received and found correct. 64. Failure to publish call — penalty. Whenever the treasurer of the state of any county, city, town or school district shall have in his hands any moneys ap- plicable to the payment of any state, city, town, county or school district warrant, and shall fail or neglect for thirty days to pub- lish a call as provided by law for the presentation and payment of warrants, he shall be deemed guilty of a misdemeanor and, upon conviction, shall be liable to a fine not less than ten nor more than three hundred dollars. [3 Mills (Rev.), 1303a.] 65. Treasurer's fees — school taxes. The county treasurer shall charge and receive the following fees and commissions: ****** Upon all school taxes in counties of the first class, one per cent.; in counties of the second class, one per cent.; in counties of every other class, one per cent, on school taxes, and two per cent, on town and city taxes. * * * [3 Mills (Rev.), 1899.] 66 DEAF AND BUND SCHOOL 66. Institute located at Colorado Springs. There shall be permanently maintained at the city of Colo- rado Springs, in the county of El Paso, an institution for the support and education of the mute and blind residing within the state of Colorado. [M. A. S., 3249.] 67. Body corporate — name — powers. Such institute shall be a body corporate under the name of ^'Colorado School for the Deaf and- the Blind," and may sue and be sued, may take and hold real estate by gift, devise or other- wise, for the use and benefit of such school. [3 Mills (Rev.), 3250.] 68. Admission of pupils — support — county superintendents — report. Every blind, deaf or mute citizen of the state of Colorado, of sound mind, over six (6) and under twenty-one (21) years of age, shall be entitled to receive an education in said institute at the expense of the state. All applicants above the age of twenty- one (21) years may be admitted at the option of the board. Each county superintendent of common schools shall report on the first day of June in each year to the superintendent of the school for the education of the deaf and blind, the name, age, and postoffice address of every blind or deaf person of suitable age for admission to said school, residing in his county, includ- ing all such persons as may be too deaf or blind to acquire an education in the common schools. Applicants for admission to said school from other states, if within the ages prescribed by this section, may be admitted upon payment of such a sum quar- terly as the board of trustees of said school mav determine. [3 Mills (Rev.), 3253.] NOTE— County superintendent ascertain number of deaf mutes, section 56. Attendance not compulsory. 1. Attendance is not compulsory at the state school for the deaf and blind. 67 DIRECTORS. 69. Directors — classification of districts. There shall be elected in each school district of this state, annually, and in the manner prescribed in section forty-four of said chapter, a board of directors. The number of persons that shall constitute each board of directors shall be determined as follows: The school districts shall be classified into first (1st), second (2d) and third (3d) classes. Districts containing a school population of more than one thousand (1,000) shall be denomi- nated districts of the first (1st) class; districts containing a school population of three hundred and fifty (350), and not ex- ceeding one thousand (1,000), shall be denominated districts of the second (2d) class; and districts containing a school popula- tion of less than three hundred and fifty (350) shall be denomi- nated districts of the third (3d) class. At the regular election in 1887, as provided in section forty-four (44) of said chapter, all districts in the first (1st) class, shall elect by ballot, one (1) director for three (3) years; and at the regular election in 1888, one (1) director for three (3) years and one (1) director for four (4) years; and at the regular election in 1889, one (1) di- rector for four (4) years and one (1) director for five (5) years; and annually thereafter there shall be elected one (1) director for five (5) years. All districts of the second and third classes shall elect one (1) president for three (3) years, one (1) secretary for two (2) years, and one (1) treasurer for one (1) year, and an- nually thereafter there shall be elected for three (3) years a person to fill the vacancy occurring; Provided, That this shall not apply to districts of the second and third classes already organized. School boards of the first class shall, at their first meeting after their election, elect a president, who shall be a member of the board, a secretary, who may or may not be a member of the board, and a treasurer who shall not be a mem- ber of the board, and who shall hold office for one year and until their successors are elected and qualified. In districts of the first and second classes, the boards, after organization, shall ex- ercise all the power given the electors of districts of the third class, as specified in section sixtv-three of said chapter. [M. A. S., 4005.] NOTE— Sections 44 and 63 above referred to are sections 92 and 98 herein. Qualifications of directors. 1. There is nothing in the laws of Colorado to prevent a person who fills the office of district judge from also filling that of school director, the two offices belonging to an entirely different class. 68 DIRECTORS. §69 2. The fact that two members of a school board are of one family, and the further fact that another member became a resident of the district for the sole purpose of becoming an officer, so long as he is an actual resident, would not affect the regularity of the organization of the board. 3. The length of residence required in Colorado to constitute eligi- bility to the office of school director is twelve months. 4. The fact that an elector is not a taxpayer does not disqualify him from holding office, either by election or by appointment. 5. There is no section of the school law which requires any one elected president of the school board in a first class district to take an oath of office as president of the board if he has, upon his election by the people as a member of the board, taken the required oath. Election of directors. 6. School districts of the second and third classes organized after the annual school election of 1907, should elect officers to hold until the annual school election of 1908, at which time, a president should be elected for three years, a secretary for two years, and a treasurer for one year. 7. School districts of the second and third classes organized since April 4, 1887, should elect, at the annual school election in 1908, one presi- dent for three years; in case of a vacancy in the office of secretary, one should be elected for a term of two years; and in case of a vacancy in the office of treasurer, one should be elected for one year. 8. School districts of the second and third classes organized prior to .April 4, 1887, and subsequent to March 20, 1877, should elect at the annual school election in 1908, a treasurer for three years: in case of a vacancy in the officce of president, one should be elected for two years; and in case of a vacancy in the office of secretary, one should be elected for one year. 9. School districts of the second and third classes organized prior to March 20, 1877, should elect at the annual school election in 1908 a secretary for three years; in case of a vacancy in the office of treasurer, one should be elected for two years; and in case of a vacancy in the office of president, one should be elected for one year. Classification of districts. 10. A school district of the second class having become a first class district, the board, at the first meeting after election, should proceed to elect new officers (president, secreta-v and treasurer), as provided in section 69. The officers of the old district do not hold over after the change has been effected. There is no way in which a district could be declared to be a first class district simply because its census list is known before the time of the school election of this year to have reached the number required for a first class district. When the census list of any year shows that a dis- trict contains the required school population to entitle it to become a first class district, the organization as a first class district is made through electing a board of five members at the next annual election. 11. Directors can not exercise the powers given electors of dis- tricts of the third class, after filing annual census of 350 children previous to the annual election. The board will reorganize after the annual elec- tion and after the census list is examined, compared as required of the county superintendent in section 186 of the school law, and is found to be correct in giving the district the necessary number for a second class district. 69 §70 DIRECTORS. Witness fees not alloioecl. 12. School directors are not legally entitled to witness fees in a case where the district is a party. Secretary and treasurer — offices distinct. 13. The law makes distinct specifications in regard to the separate offices of secretary and treasurer in a first class district, making those offices as distinct as in third class district, where different persons must be elected as to the two offices. The business of the district could not be legally transacted with one person acting in the two capacities. 14. The offices of secretary and of treasurer of first class districts are distinct and should be filled by two different persons. 70. Directors qualify within twenty days — vacancies — treasurer's bond and report — oath of office. The directors shall each, within twenty (20) days after his or her election, appear before some officer authorized to admin- ister oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the county superintendent; and, in case of failure so to qualify, his or her office shall be deemed vacant, and the county superintendent shall appoint a suitable person, who shall qualify immediately. If the amount of money liable to come into the hands of the treasurer, in the discharge of his official duties, exceed twenty dollars at any one time, he shall be required to give bond in double the amount of money liable to come into his hands, said bond to be approved by, and filed with, the county superintendent. The directors-elect shall take office immediately after qualifying, as aforesaid; Provided, That any district treasurer, who shall refuse to give bond as above, when required to do so by the other members of the board, shall be disqualified from receiving any money on district account until a satisfactory bond is executed. The oath of office re- quired in this section may be administered by a president of a school board; and it is hereby made the duty of the district treasurer of all first class districts to publish, semi-annually, in some newspaper published within the county wherein such dis- trict may be located, a complete and full report of all receipts and expenditures of the said district's funds. [M. A. S., 4011.] Oath of directors. 1. All school directors are required by law to file an oath of office with the county superintendent. This applies to all districts in Colorado, including those organized in cities existing under a special charter. 2. The term of office of a school director does not extend until his successor is duly elected and qualified, but expires with the annual school election day at the close of the term for which he was elected or ap- pointed. 3. Failure of a school director to file oath within the time required by law does not create a vacancy in the office; Provided, he has taken the required oath before the proper officer within the required time. 70 DIRECTORS. §70 4. The secretary of a school district of the second or third class can not administer the oath of office to the president. The oath may be administered by the president of any school board, or by the county su- perintendent; and, of course, by any person such as notary public, jus- tice of the peace, etc., qualified by law to administer oaths. 5. It is lawful for a president of one school district to administer the oath of office to the board of another school district. Directors qnalify in twenty days. 6. The law provides that the directors shall qualify within twenty (20) days after their election, and as there is no provision that directors who are elected to succeed themselves shall not file a new oath of office, such oath should be filed. 7. A person elected to the oflSce of director of a school district can not legally qualify after the expiration of twenty days from election. By operation of the law, in case of failure of the director-elect to qualify within twenty days, the office becomes vacant. 8. If the president of a school board is duly elected, but fails to qualify within the legal time, the office becomes vacant and the county superintendent should appoint some one in his place. Vacancies, how filled. 9. Vacancies that may occur in a district of the second or third class, through failure to qualify, or through absence from the district, death, resignation, removal or otherwise, are to be filled by appointment of the county superintendent only until the ensuing regular election, at which time the vacancies shall be filled for the unexpired terms, not for regular full terms. 10. A school director appointed by the county superintendent to fill a vacancy holds office until the ensuing regular election. 11. To fill a vacancy on the school board in a joint district, the county superintendents of such district should confer, since their duties are joint and equal in such district, and appoint as a member of the board some one living in the district who would prove satisfactory to both counties. Bond of directors. 12. The law does not provide that it is a duty of the county super- intendent to send bonds to newly elected directors. 13. A county superintendent is the proper person to approve of the official bond of a school director, and if a person elected to that office can not give a satisfactory bond, it works a vacancy in the board after twenty days from his election. 14. A county superintendent has authority to require a district treasurer to give bond in double the amount of money liable to come into his hands, if such amount exceeds twenty dollars. Directors must reside in district. 15. The law requires that a person who desires to be a candidate for a school director must reside in the district, and it necessarily fol- lows that in order to remain such director, after election he must con- tinue to reside therein, and when he permanently removes from the dis- trict he ceases at that instant to be a director. Who may he a director. 16. The mayor of a town may also legally hold the office of school director, Inasmuch as the duties of mayor and school director do not conflict. 71 §§71-72 DIRECTORS. 71. Regular meetings of board — special — adjourned. The regular meeting of each board shall be held on the last Saturday of March, June, September and December. The board may, however, hold such other regular, special or adjourned meet- ings as they may from time to time determine, or as may be spe- cified in their by-laws. [M. A. S., 4014.] Meeting place — notice of meeting. 1. If the school board chose to revoke its rules concerning the place where a school meeting must be held, it would have a right to do so. 2. A meeting of a school board can not be properly held unless reasonable notice has been given to all members. SPECIAL DISTRICT MEETINGS. 72, Special meetings in districts of third class. In any district of the third class, the board of directors may at any time call a special meeting of the electors of such district, for any of the purposes specified in section sixty-two of this act, and it shall be their duty to call such meeting if peti- tioned so to do by t^n (10) legal voters of the district. Notices, specifying the time, place and object of such meeting, shall be posted in three (3) public places, one of which shall be at the place of meeting, at least twenty (20) days prior to the time of holding such meeting. [M. A. S., 4026.] NOTE— Classes of districts— election of directors, section 69. NOTE— Section 62 above referred to is section 98 herein. Purpose of meeting. 1. In a third class district the tax levy has to De submitted to the voters. Twenty days' notice of special meeting for this purpose must be given. 2. The question of uniting two contiguous school districts may be voted on at the annual school meeting in May, providing the necessary notice for a special meeting be given — that is, notices stating the purpose of the meeting must be posted at least twenty days before the time the meeting is to be held. The notices for the annual meeting will be suffi- cient notice if in addition to the notice of the election, a statement of the special business to be transacted is made, and at least three notices are posted in the district twenty days previous to the date of the meet- ing, instead of the six days' notice, which is all the time that is required for the annual meeting. ,3. It is considered illegal to transact any business at a special meeting, except that for which the special meeting was called. 4. The location of a school house is for no definite time. A vote may be taken on the question of moving the school house as often as a meeting for the purpose can be legally called. 5. According to legal decisions in this state, a special tax can be voted at other than the annual meeting. Paragraph 4, section 98, of the school law has been interpreted, in connection with the introduction of section 98, to authorize this. 72 DIRECTORS. §72 6. While the law does not permit the changing of a tax levy made at the annual meeting in May and certified to by the school board of the district, the district would have a right to call a special meeting to vote an additional special tax of two or any other number of mills that would be inside the limit up to which a third class district is permitted to levy. This is not in any way to be considered changing the original levy, but simply voting an additional levy 7. If a teacher has been employed to teach a certain department of a school, the school board would not have the right to close another de- partment and require one teacher to do the work of both departments, unless such an arrangement had been made in the contract entered into between the teacher and the board. The only way by which a teacher's salary can be legally increased during the term for which she is em- ployed would be at a regular or special meeting of the school board. 8. It is illegal for two membei's of the board to transact business that has not been decided upon at a isgular or special meeting of tl.e board. If the specifications in re.gard to the digging of the well were definitely stated at a regular or special meeting, it would be necessary to call another meeting of the board to change those specifications. 9. Section 72 provides for the relief of the electors, in case the board do not make necessary provisions for the schools. 10. If a special school meeting has been legally called in a school district for the purpose of voting upon any question or questions men- tioned in said notice, a majority vote of those present decides the matter submitted. ]\lotice of special meetings. 11. The law provides that notices specifying the time, place and ob- ject of special meeting shall be posted in three public places, one of which shall be at the place of meeting, at least twenty (20) days prior to the time of holding such meeting. Since the notice was not posted the length of time required by law, the meeting was not legally called. The directors may call another meeting. 12. A special meeting of the voters of a district is legal only when twenty days' notice of such meeting is given. 13. The notice calling a special meeting is legal, even though the date of the notice has been omitted; Provided, That said notice has been posted the required number of days, and the special meeting was called at a regular meeting of the school boart at which a quorum was present. 14. A meeting of a school board can not be properly held unless reasonable notice has been given to all members. 15. A special meeting if called and held in accordance with the pro- visions of the law is legal, even though the county superintendent is not notified of the meeting. 16. When the president of a school board calls a meeting, the notice would not meet the requirements of the law unless the time and place of meeting were definitely specified. 17. More than one question can be voted upon at a special meeting of the electors of a third class school district; Provided, Each question is separately stated in the notice of such meeting. Who may call. IS. As to whether or not the president of the board has power to call a special meeting when he desires so to do, depends altogether upon the by-laws governing the board. 19. At a regular meeting of a school board, two members of said board, constituting a quorum, can legally call a special meeting. 73 §73 DIRECTORS. Valid tfiougfi not reported to county superintendent. 20. In the case of a special meeting legally held the business there transacted would not be invalidated through the failure of the secretary to send a formal report ,to the county superintendent of the business thus transacted, although it is the duty of the secretary to send such a report. Taxes — when illegal. 21. In the call or notice of a special or annual school meeting it is illegal to specify the amount of a proposed levy and to require electors to vote for or against the levy thus proposed, without discussion or amend- ment. Yote of district. 22. Section 128, school law, provides that in districts of the first and second classes, that no school board shall build or lease any building especially for high school, unless authorized to do so by a vote of the district, as provided in section 72, which provides for the manner in which the meeting shall be called. Two directors transact "business. 23. If all the directors were legally notified of the special meeting and one failed to attend, the two members present could legally transact the business for which the said meeting was called. 73. President sign orders — appear in suits — absence — vacancies. The president, when present, shall preside at all meetings of. the board and of the district; shall sign all orders on the county treasurer for the payment of money; Provided. That no orders shall be drawn upon the county treasurer except in favor of parties to whom the district has become lawfully indebted. He shall appear in behalf of his district in all suits brought by or against the same, but when he is individually interested, this duty shal be performed by the secretary, and in the absence of the president the secretary shall preside at board and district meetings. Absence from the district of any school officer, when prolonged beyond thirty consecutive days, may be held to work a vacancy in said office, which may be filled according to law. [M. A. S., 4017.] Orders signed hy president. 1. A contract made by a majority of the school board is a legal contract; Provided, Such contract is made at a regular meeting of which all directors had legal notice. The law makes it mandatory that the president sign all orders on the county treasurer for the payment of money; Provided, That no orders shall be drawn upon the county treas- urer except in favor of parties to whom the district has become lawfully indebted. Auditing of Mils against district. 2. The auditing of bills against a school district must be performed by the board of directors at a meeting thereof, and vouchers or warrants issued for the payment of such bills are legal only when issued by a vote of a majority of the board at such meeting. 74 DIRECTORS. §73 3. A debt can only be contracted by a majority of the members of the board at a regular meeting, or at a special meeting called for that purpose. As the auditing of bills for an indebtedness is an entirely sep- arate act from the contracting of the same, it necessarily follows that they must be performed at different times. The bills should be audited at a meeting of the board of directors, and the vouchers or warrants for such indebtedness be ordered issued by a majority of said board. Compensation of secretary. 4. A school board has the right to fix the compensation to be al- lowed the secretary for the time necessarily spent in the service of the district, as required by law or as directed by the board, and in section 73 of the school law it is stated that no orders shall be drawn upon the county treasurer (by the district board) except in favor of parties to whom the district has become lawfully indebted. It is the province of the board to decide the proper compensation for the secretary's duties, pro- viding always that the board's provision for such compensation is just and reasonable and in compliance with the law. District warrants. 5. When school district warrants are sold at a bank or elsewhere and a discount is charged, the holder of the warrant must bear the loss. 6. A teacher, having accepted a stipulated salary, can receive that salary only by warrants drawn by the district secretary, and takes them at their face value. It would not be proper for the board to simply supple- ment, by an additional warrant, the shrinkage of irregular warrants on account of the discount in the market. The deficit may be made good by the board, at a regular meeting, voting to advance the salary so as to cover the shrinkage in value of the depreciated warrants. 7. A warrant sent to, and receiving the signature of, a director while absent from the state is legal. 8- The auditing of bills against a school district must be performed by the board of directors at a meeting thereof, and vouchers or warrants issued for the payment of such bills are legal only when issued by a vote of a majority of the board at such meeting. Suits against district. 9. If a suit is brought against a district, it is the duty of the di- rectors to defend it, to employ an attoi-ney if necessary, who may be paid from the district's funds; but if the suit is against the board of directors, or any of them, for failure to comply with the law, any cost for defense must not be charged against the district. 10. If an attorney is employed to defend an action brought against the district, then the district must pay his fees; but if brought against the individual directors, they must pay their own attorneys' fees. Vacancies. 11. Vacancies that may occur in a district of the second or third class, through failure to qualify, or through absence from the district, death, resignation, removal or otherwise, are to be filled by appointment of the county superintendent only until the ensuing regular election, at which time the vacancies shall be filled for the unexpired terms, not for regular full terms. 12. Absence from the district of any school officer when prolonged beyond thirty consecutive days may be held to work a vacancy in said office and gives the county superintendent a right to appoint some one else in his place. The fact that his absence was unavoidable and that his family repiain in the district does not change the condition. 75 §74 DIRECTORS. 13. If a director is absent from a district for thirty days, no mat- ter whether he still retains his residence in the district and expects to return to the district, the county superintendent should appoint a person to fill his place, if he considers that the educational interests of the dis- trict suffer through the absence of the original director. 14. The clause, "Absence from the district of any school officer, when prolonged beyond thirty days, may be held to work a vacancy in said office," is construed to mean being out of the district for more than thirty days. 15. The absence of a school director from his district for a period of thirty days gives the county superintendent a right to appoint some one else in his place. It is not compulsory that the county superintendent appoint some one in the place of the absent member, but he should do so if, in his judgment, the interests of the district are suffering from such absence, or if the electors demand such appointment. 16. When a school director of a third class district removes his family from the district, going with them himself, but retaining his post- office address in the district and coming into said district once in thirty days only, he ceases to be a 'bona fide resident of such district and his office becomes vacant. 17. A school director appointed by the county superintendent to fill a vacancy holds office until the ensuing regular election. 18. The law requires that a person who desires to be a candidate for school director must reside in the district, and it necessarily follows that in order to remain such director, after election he must continue to reside therein, and when he permanently removes from the district, he ceases at that instant to be a director. 19. If the director has permanently removed from the district, and the county superintendent refuses to declare a vacancy, or appoint a successor, such action by the board or county superinteOTent could be appealed to the state board of education as in other cases. 74. Duties of secretary — bond. Before entering upon the duties of h'm office, the secretary shall execute a bond, with two sureties, in the penal sum of five hundred (500) dollars in districts of the first and second classes, and the penal sum of one hundred (100) dollars in districts of the third class, conditioned upon the faithful discharge of his official duties and the delivery of all district property pertaining to his office over to his successor, within ten days after a demand is made for the same by a qualified successor, said bond to be approved by and filed with the county superintendent. The sec- retary shall record all proceedings of the board and of district meetings in a book or books, kept for that purpose; shall pre- serve copies of all reports made to the state or county superin- tendents; shall file all papers transmitted to him by other school officers pertaining to the business of the district; shall draw and countersign all warrants or orders issued by the board; shall keep a register or stub of all orders drawn, showing the number of the order, date, amount, in whose favor and for what pur- pose drawn. Immediately after the election of one or more di- rectors, according to law, he shall transmit to the county super- intendent a statement giving the name and postoffice address of 76 DIRECTORS. §74 the president, secretary and treasurer, respective!}', of the boards of directors. Between the 10th day of April and the 1st day of May, in each year, the secretary, or some person authorized by him, shall take a census of all persons over six years and under twenty-one years of age, who were bona fide residents of the dis- trict on the 10th daj'^ of April aforesaid. The names so listed shall be arranged alphabetically, and be so classified as to dis- tinguish between male and female. The census list shall be sworn to as correct by the person taking the same, and, if such person be other than the secretary, shall be certified by the sec- retary, and shall be forwarded to the county superintendent on or before the first day of June of the current school year. In districts of first and second classes a copy shall be delivered to the principal teacher or superintendent of the districts, and in all cases a copy shall be retained in the office of the secretary. [M. A. S., 4019.] Duties of secretary. 1. The secretary is the proper custodian of the books, papers and documents of a district school board, and is the one authorized to draw all warrants issued by the board, these to be countersigned by the presi- dent and treasurer. 2. It is not the duty of the secretary of the board to draw a war- rant unless the order for such warrant appears upon the written records of the board. 3. If a secretary of a school board should falsify his records, he would violate his bond. Census list. 5. The census list may be sworn to before any officer authorized to administer oaths. 6. The names of all persons of school age must be included in the census. The law makes no exception in regard to married persons. Residence in district — hoio determined. 7. The fact that the head of a family pays a tax in a certain school district does not of itself give his children the privileges of the school in that district. Children may attend school free of charge only in the district in which their parents or guardians are iona fide residents. 8. If the home of a family is certified to be in a district, and if the children have been listed upon the school census of that district, the children would have the right to attend the school without tuition, even if the family spends a large part of the year elsewhere. In the case of pupils attending before the family moves into the district for the winter, the same rule would apply. If the district is the declared home of the family, and if the chil- dren have been previously listed upon the census list, they would have the right to attend the school without tuition, even if the remainder of the family were at present residing elsewhere. 9. Since the parent is a resident of the state, the boy's residence should be held to be identical with the bona fide residence of the parent. If the home of a family is certified to be in a district, and if the children have been listed upon the school census of that district, the children would not have the right to attend in another district, without paying tuition. 77 §74 DIRECTORS. 10. The residence of the parents or guardians determines the school district in which the children's names should be listed. In case the mother has one legal residence and the father another, the residence of the mother determines the residence of the children. 11. An emancipated minor has a right to declare his residence, and is entitled to all the school privileges of the district of which he is, bona fide, a resident. 12. In the case of families living in one school district, but sending children to school in another district, the children must be listed in the district in which the parents reside, and not in the district in which they attend school. 13. Where a family resides regularly a part of the year in one district and a part of the year in another, the residence for school pur- poses should be the one held in good faith on the 10th day of April. 14. That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. A person shall not be considered or held to have lost his residence who shall leave his home and go into another state or territory or county of this state for temporary purposes merely, with the intention of return- ing. 15. A non-resident of a school district is one whose permanent dwelling place is not within the boundaries of that district. 16. The residence of a minor is the residence of his parents or guardian. 17. If a person moves his family into a school district for the pur- pose of availing himself of the advantages afforded by that district, and subsequently, during the school year, removes from the district, he is not a resident of such district, within the meaning of the term as used in the school law of Colorado. The following is taken from a decision of the supreme court of "Wisconsin (N. W. Rep., Vol. 41, page 1,014): "Effort has been made to guard against the precipitancy of non-residents to points where superior advantages exist, and schools of high order are maintained, by holding that such children only are entitled to free tuition as are actually residing in the district for other reasons, as a main purpose, than to participate in the advantages which the school affords." 18. Considerable difficulty is sometimes experienced in determining "hona fide" residence. The law defines the residence of an unmarried person of school age (that is, of a minor) "to be identical with the bona fide residence of the parent or guardian of such person; Provided, That such parent or guardian be a resident of the state." 19. A person may retain his residence in a district, if, at the time of leaving the district, it was his intention to return. 20. The word "residing," as used in section 154 of the school law, has reference to a permanent residence. 21. An unmarried person under twenty-one can claim residence where the parents reside, whether absent from home, at school or at work. 22. Every unmarried person under twenty-one is entitled to draw school money. 23. In determining the residence for the purpose of taking school census it matters not where the unmarried person of school age may be whose parent or guardian lives in the state, the residence of such person is fixed by the bona fide residence of the parent or guardian, and this must be determined by the census enumerator. 24. The fact that a person pays taxes in two counties does not give him the right to send children to school in both districts in which the taxes are paid. A man's residence can only be in one place, and the 78 DIRECTORS. §74 place where the home is permanmtly located determines the district where the children have a right to attend school. 25. Residence under the school law means a person's real home, not a temporary abiding place. When people move into a town at the beginning of school, expecting to return to their permanent home at the close of school, they can not claim residence, and the school board has a right to charge tuition to children sent to school by such families. 26. If the parents or guardian of a child remove from a school district, claiming a residence elsewhere, the child is not properly a resi- dent of the district from which the parent or guardian has moved. 27. A child who is living with a bona fide resident of a district and dependent upon such resident for a living is entitled to attend school in such district free, though the parents of such child are living in another district. 28. If parents own no home in a particular district, but rent while the children go to school there, and return to a ranch which they own in another district as soon as school is out, the district in which the ranch is located should enroll the children upon the census list. 29. If renters renting by the year and having no other home send children to school, the district in which they are residing in a rented house should enroll the children. If renters rent by the month, leaving when school is out, and having a fixed home elsewhere, the children should be enrolled in the district where the fixed home is located. If renting by the month and having no home elsewhere, although leaving when school is out, the children should be enrolled in the district where they rent. If the mother votes in a certain district, living there with the chil- dren, that would be her residence and the children should be enrolled in such district. 80. A person of school age can not be enrolled in the school census of a district in which he does not reside, though his father is employed and boards in said district and claims his residence therein, when it appears that such person of school age has never actually been in said district and when ho actually lives in a foreign country or state or when he is properly enrolled in any other school district in this state. 31. It 'would not be legal to enroll the persons of school age belong- ing to the state industrial school in Jefferson county upon the census lists of the school district or districts whei'e the school is located, providing such persons have a residence elsewhere. The names of such persons would appear upon the census lists and would draw from the general school fund for the benefit of the districts in which is their true residence, and the state makes its own special provision for the education of such persons in the industrial schools. 32. If the married woman referred to owns a home in the district, pays taxes on the same, and makes her home there during the greater portion of the year and has her children on the census list, she is entitled to send her children to the school in that district without paying tuition, although her husband may live on a farm in another district. 33. Indian children of school age, living within the boundaries of a school district, should be included in the census list, but Indian children attending the Indian school should not be included in the district in which the Indian School is located, but in the districts in which their parents live. Census of deaf and hUnd. 34. Deaf mutes and blind persons between the ages of six an(i twenty-one should be included in the school census. 79 §75 DIRECTORS. Apportionment of school fund based on census. 35. The apportionment of the general school fund for the year beginning July 1st annually is based on the census list prepared, taken between the 10th day of April and 1st of May preceding, and there is no exception to this rule, except in case of formation of new districts; nor is there any provision whereby this fund can be transferred from one district to another after said census has been taken. 75. Further duties of secretary — report. The secretary shall keep an accurate account of the ex- penses incurred by the district, and shall present the same to the board whenever called upon. He shall give the required no- tice of all regular and special meetings, as herein authorized. On or before the first day of August of each year he shall make out and file in the office of the county superintendent, a report of the affairs of his district. Said report shall be made upon blanks prepared by the superintendent of public instruction containing such items of information as the said superintend- ent shall require, including the following, viz.: First — The number of persons, male and female, each, in his district, between the ages of six (6) and tv/enty-one (21) years. Second — The number of schools and the branches taught in each. Third — The number of pupils in each school. Fourth — The number of teachers employed, in each school, and the compensation of each per month. Fifth — The number of days the school was taught during the year then past and by whom. Sixth — The number of pupils enrolled during the year; the average daily attendance. Seventh — The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost, based upon the average daily attendance. In estimating these averages the secretary shall take account of the teachers' w^ages; all current expenses, and six per cent, interest upon a fair valuation of all property belonging to the district. Eighth — Text books used in each school. Ninth — The number of volumes in the library of each school. Tetith — The aggregate amount paid teachers during the year, and the average monthly pay of teachers. Eleventh — The number of public school houses, and the esti- mated value of each. Twelfth — The amount raised by tax in the district during -.the year for school library. Thirteenth — The amount raised by subscription or by other :means than by tax. 80 DIRECTORS. §§75a-75b Fourteenth — The amount of special tax levied for the sup- port of schools and for building sites, and furniture. Fifteenth — The amount of money on hand at the beginning of the year then past. Sixteenth — The amount of money received from all other sources than those herein specified. Should the secretary fail to file his report, as above directed, he shall forfeit the sum of one hundred (100) dollars, and shall make good all loss resulting to the district from such failure. [M. A. S., 4020.] Secretary give notice. 1. A meeting of a school board can not be properly held unless reasonable notice has been given to all members. 2. The secretary of the board would have no authority to post notices calling a meeting at any other than the regular place of meeting without the consent of at least one of the other members of the board. Valid though not reported to county superintendent. 3. In the case of a special meeting legally held, the business there transacted would not be invalidated through the failure of the secretary to send a formal report to the county superintendent of the business thus transacted, although it is the duty of the secretary to send such a report. Special tax levy. 4. The special tax levy should be made previous to sending in the annual report of the secretary of the district. The levy can be certified to legally by two members of the board. Secretary violate bond. 5. If a secretary of a school board should falsify his records, he would violate his bond. 75a. Secretary exhibit quarterly report to board. That it shall be the duty of each secretary of the boards of school directors to exhibit said quarterly report to the board at its first regular meeting after the receipt of said report for the inspection of said board and that the board shall examine said quarterly report and canceled orders and instruct the secretary to report the correctness, or incorrectness, if any be found, upon the blank furnished by the county treasurer. [L. '07, p. 564.] NOTE. — For report referred to. see Section 63. 75b. Secretary lona fide resident of a district and dependent upon such resident for a living is entitled to attend school in such district free, though the parents of such child are living in another district. 215. If parents own no home in a particular district, but rent while the children go to school there, and return to a ranch which they own in another district as soon as school is out, the district in which the ranch is located should enroll the children upon the census list. 216. If renters renting by the year and having no other home send children to school, the district in which they are residing in a rented house should enroll the children. If renters rent by the month, leaving when school is out, and hav- ing a fixed home elsewhere, the children should be enrolled in the dis- trict where the fixed home is located. If renting by the month and having no home elsewhere, although leaving when school is out, the children should be enrolled in the district where they rent. If the mother votes in a cei'tain district, living there with the chil- dren, that would be her residence and the children should be enrolled in such district. 217. The fact that one is a taxpayer in a certain county does not give him the right to send his children to any school in the county, he simply having the right to send his children to the school located in the district in which he permanently resides. 218. A resident's objection to the attendance at school of a child from another district is of no effect, provided the board of directors is willing to permit such attendance. 219. The law makes no provision whereby a school board can pay the board of a pupil in another district. 220. There is no law authorizing the school board to pay the board of children who live a great distance from the school house, in order that they may attend school, out of the school fund. 221. In regard to whether a person living in a district where there are two schools has a right to send his children to either, the matter should be controlled by the local board of directors the same as is done in cities where the boards control the sending of children to the different city buildings. 222. If a person moves his family into a school district for the pur- pose of availing himself of the advantages afforded by that district, and subsequently, during the school year, removes from the district, he is not a resident of such district, within the meaning of the term as used in the school law of Colorado. The following is taken from a decision of the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014) : "Effort has been made to guard against the precipitancy of non-residents to points where superior advantages exist, and schools of high order are maintained, by holding that such children only are entitled to free tui- 102 DIRECTORS. §81 tion as are actually residing in the district for other reasons, as a main purpose, than to participate in tlae advantages which the school affords." General funds. 223. It is legal to draw on the genei'al fund to pay the janitor who is employed in a school. 224. The general fund may be used for building, fui-nishing or erecting additions to school houses, or for improving the school house, sites or lots, only after the expense of maintaining the school for a period of ten months in one year shall actually have been paid. 225. "The general fund may be used only for teachers' wages, and necessary current expenses, until the school has been conducted for a period of ten months in one year." 226. All moneys remaining to the credit of any district on June 30 should remain to the credit of such district and can not be turned into the general school fund of the county for reapportionment. 227. Insurance premiums and attorney's fees are not expenses "in- cidental to the support of a public school," and therefore must not be paid from the general fund. Special fund. 228. If any surplus funds remain in the special fund over what Is necessary to meet the regular current expenses of the district, such sur- plus may be used to pay past indebtedness. 229. The law does not give the school board the right, without the consent of the electors, to furnish board from the special fund for pupils who live too far away to attend. Contracts made hy ioard. 230. A contract made by a majority of the school board is a legal contract; Provided, Such contract is made at a regular meeting of which all directors had legal notice. The law makes it mandatory that the president sign all orders on the county treasurer for the payment of money; Provided, That no orders shall be drawn upon the county treas- urer except in favor of parties to whom the district has become lawfully indebted. 231. A contract may be legal if not drawn according to the form in the school law; Provided, That both parties to the contract are aware of the terms contained in the contract, and provided that such contract is made at a regular meeting or at a special meeting legally called, and of which all the directors had legal notice. 232. Two members of a school board in districts of the second and third classes can make a legal contract without the consent of the third member; Provided, Such contract is made at a regular meeting, or at a special meeting legally called, and of which all the directors had legal notice. 233. A teacher is not required to do janitor work in this state un- less the contract into which he has entered with the district board dis- tinctly states that such shall be the case. 234. A school board can legally let a contract to a man whose wife is a member of the school board, as the fact that the wife is a member and is, therefore, excluded from being a party to a contract with the dis- trict would in no way affect the husband, who is not a member of the school board. 235. A contract made and agreed to by the majority of a school board is a legal contract if properly entered into in all respects. It is not in the power of one member of a board to block the action of the board by his refusal to do his duty. 103 §81 DIRECTORS. 236. A contract made with the president and treasurer of a school board would be legal, even if there is a vacancy in the office of sec- retary. A warrant signed by the above named members under the cir- cumstances mentioned should be considered a sufficient warrant for recog- nition by the county treasurer. 237. When a contract is reduced to writing, it is supposed to ex- press the intention of the parties, and when such intention is clear it can not be changed by oral evidence. Teacher's report. 238. No part of the last month's salary of a teacher should be paid until the reports required by law are made and filed according to speci- fications. Board of health. 239. The authority of the board of health is paramount to that of a school board, and if the board of health passes a regulation requiring vaccination of pupils as a prerequisite to admission to the school it is the duty of the school board to carry into effect such regulation. 240. A by-law providing that any pupil infected with smallpox, scarlet fever, diphtheria or any other contagious disease, should be ex- cluded from the school, would certainly come v/ithin the powers of the board under the statutes; there can be no reason why a by-law providing that a well recognized preventive must be resorted to under pain of ex- clusion from school, would not be equally within the powers of the school board. 104 DISTRICTS. DISTRICTS, OFFICERS AND ELECTIONS. 82. School districts to be bodies corporate. Each regularly organized school district heretofore formed, or that may be formed, as provided in this chapter, is hereby de- clared to be a body corporate, by the name and style of "School District No ,' in the county of and State of Colorado," and in that name may hold property and be a party to suits and contracts, the same as municipal corporation in this state. [M. A. S., 4004.] Attorneys'' fees — Txow paid. 1. If an attorney is employed to defend an action brought against the district, then the district must pay his fees; but if brought against the individual directors, they must pay their own attorneys' fees. 83. Legal school district — when second class districts become first class. Every school district in the state which now exercises the prerogatives of a school district, and the legality of whose or- ganization has not been legally denied, and which has a board of directors, duly qualified according to law, and has exercised the rights and enjoyed the privileges of a legally and regularly established district for one year, shall be, and is. hereby declared to be, a legal school district, and all district officers shall hold office until their successors are qualified. When school districts of the second (2d) class shall attain a school population of one thousand (1,000) or more, as shown by the annual census, at the next regular election thereafter, as provided in section 44 of this act, there shall be elected one (1) director for three (3) years, and one (1) director for four (4) years, and one (1) director for five (5) years, and annually thereafter one (1) director for five (5) years, as provided for in districts of the first (1st) class; and the persons so elected, together with the directors whose official terms have not expired, shall constitute the new board, which board shall enter upon the duties prescribed by law for boards of directors of districts of the first (1st) class. [M. A. S., 4000.] NOTE— Section 44 above referred to is section 92 herein. First class — organized when. 1. Since the law says positively that when school districts of the second class shall attain a school population of 1,000 or more there shall be elected one director for three years, one director for four years, and 105 §§84-85 DISTRICTS. one director for five years, etc., it is really obligatory that a district shall organize as a first class district after attaining the specified popu- lation. 84. Legal districts — what constitutes. All school districts now formed, or which may hereafter be formed, which shall continue to exercise, undisputed, the pre- rogatives, and enjoy the privileges of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a Igally formed district, and its legality shall not thereafter be questioned. [M. A, S., 4007.] ORGANIZATION OF DISTRICTS, ETC. 85. Organization of new districts — petition — unorganized territory. For the purpose of organizing a new district out of a por- tion of one or more old districts, the parents of at least ten children of school age residing within the limits of the proposed new district, shall petition the county superintendent, in writ- ing, which petition shall describe the boundaries of the proposed district, and the names of all children of school age residing in such proposed district at the date of said petition; and said list of names shall be held to be the census list of said district until the next regular census shall be taken, and if any names are found on said list, and also on other census lists for the cur- rent year, if the county superintendent is satisfied [that] the children so named are hona fide residents of the proposed dis- trict, he shall strike such names from the lists of the old districts, when the organization of the new district is complete. If, in the judgment of the county superintendent, the school interest of the districts affected by the proposed change will be best pro- moted by said change, he shall direct some one of the petitioners who is a legal voter, to notify each elector residing within the district so to be form.ed, by personal service as far as convenient, and to post a notice in three public places in said new district, that such petition has been made, and that a meeting will be held, naming the time and place for such meeting, to determine the question of the proposed organization. People living upon unorganized territory may organize themselves into a school dis- trict at any time, without a petition, if a majority of the legal voters residing within the proposed district shall so decide at a meeting, of which reasonable notice has been given to all resi- dent voters, and which meeting shall be conducted as is now provided by law for the organization of new districts; Provided, That, in addition to the copy of the proceedings now required by law, the secretary shall also transmit to the county superintend- ent a certified list of all children of school age who are residents in good faith in said district at the date of the organization, 106 DISTRICTS. §85 which list shall be lield to be the census list of said district until the next regular school census. [M. A. S., 3991.] How legally organized. 1. A new district can not be legally organized out of a portion of one or more old districts, with fewer than ten persons of school age residing therein. 2. Renters renting by the year and having no other home, may send their children to the school in the district in which they reside, and that district may enroll them, or, in other words, they can be counted among the ten necessary to form the district. 3. In the organization of a new district, it is legal to take cogniz- ance of persons of school age residing within the limits of the proposed new district, whether the said persons are on the census list or not. 4. It is not necessary that there should be ten persons of school age in territory detached from one district and attached to another, but there must be left twenty persons of school age in the district from which such territory is taken. 5. There is no law prohibiting the school district which includes the county high school from separately estal)lishing and maintaining a high school in said district, providing it is a first or second class district 6. The law provides for no definite number of children in order to organize a school district from unorganized territory. 8ize of territory. 7. A district having an area of less than nine square miles can not be divided for the purpose of forming a new district. 8. It is not absolutely necessary that nine square miles of territory be included in the organization of a new school district. 9. In unorganized territory there seems to be no limitation on the size of the district, nor no supervising power over its formation, placed in the county superintendent. Twenty children in old district. 10. A school district can not be legally divided so as to leave fewer than twenty persons of school age in the old district. Organization of. 11. At the meeting held for the purpose of determining whether or not a new district shall be organized, only those living within the boun- daries of the proposed new district have a right to vote. Those living in the district from which the new district is to be formed have no voice in the matter. 12. The conditions prescribed for the formation of a new school district out of unorganized territory do not apply to the formation of a new district out of one or more old districts. (Section 8.5 of the school law.) 13. Under the statute the judgment of the county superintendent in matters of the division of school districts is final. 14. A two-thirds vote of the electors is necessary in order to or- ganize a new district from old districts. 15. It is not required by law that the petitioner for territory to be annexed to a school district should be the owner of such territory. 16. Organized territory can not be legally detached from one dis- trict and added to another loy the county superintendent without a peti- tion from the residents of the territory, except in cases where the bounda- ries are conflicting. 107 §85 DISTRICTS. 17. A portion of unorganized territory may be annexed to a school district by the county superintendent upon petition of the majority of the legal voters resident within the territory to be so annexed. 18. More than one section of unorganized territory may be added to the district upon petition to the county superintendent of a majority of the legal voters within the territory. 19. In the absence of a showing to the contrary, it will be pre- sumed that the county superintendent complied with the law in hearing and determining the appeal, and therefore that the change of boundary was properly made, but, even in the absence of such showing, as these two districts have continued to exercise undisputed the prerogatives and enjoy the privileges of legally formed districts for a period of nearly twelve years, they will now be considered legally foi-med districts. Organization optional with county superintendent. 20. The county superintendent exercises his own discretion in the matter of organizing a new district, even though a petition may have been duly presented. 21. In the matter of the presentation of a petition for the organi- zation of a new district, the statute provides that if, in the judgment of the county superintendent, the school interests of the districts affected by the proposed change, he shall direct some one of the petitioners, who is a legal voter, to notify each elector residing within the district so to be formed, etc., to attend a meeting, at which the question of organizing a new district shall be determined by vote of the electors. This language leaves it entirely to the discretion of the county su- perintendent whether or not he will call such meeting, or whether or not the best interest of the districts will be promoted by such change. The matter is not subject to review by the state board of education, unless it appears that there is an absolute abuse of such discretion. 22. It is not within the province of the state superintendent to take any part whatever in the organization of a new school district. He may, however, as a member of the state board of education, pass upon the legality of such organization when an appeal is taken to the board from the decisions of the county superintendent. 23. The matter of organizing new school districts is one mainly in the discretion of the county superintendent of schools, subject to the pro- visions of section 86 of the school law, providing that no city or town shall hereafter be divided into two or more districts, and the districts of the first class shall not be divided except upon a vote of the electors of the district, and that no district shall be divided for the purpose of forming a new district unless it contains more than nine square miles, nor unless the remaining portion of the district shall contain twenty or more persons of school age. 24. The county superintendent has the right to grant or not to grant a petition for the establishment of a new district, and the state superintendent has no right whatever to compel any county superintend- ent to grant such a petition if, in the county superintendent's judgment, it is not wise or desirable. 25. The county superintendent has the right to exercise his own discretion in regard to the annexation of a portion of one district to another. 26. The county superintendent is under no obligation to transfer territory from one district to another, even though a petition as pre- scribed by law has been presented to him asking for such transfer. He will change boundary lines only when in his judgment the educa- tional interests of the districts affected will thus be best promoted. 108 DISTRICTS. §86 When district liable fcr debts. 27. Territory annexed to a school district is liable for the debts of the district from which it was detached to the extent of the tax al- ready levied against such territory at the time of the division of the district. A remote part of the district can not take steps, after bonds have been voted and before they are issued, to set itself apart and form a new district, thus avoiding its liability for interest and principal on the bonds 28. A new school district is liable for its pro rata share of the in- debtedness. People vote on free text books. 29. In case of a new district formed from one in which text books are furnished free, the question of supplying free text books in such new district must be submitted to a vote of the people. 86. New districts — how organized — election of directors. The qualified electors of such proposed new district when assembled in accordance with the notice above required, shall organize by electing a chairman and secretary. Everj- legally qualified elector, and none other, shall be entitled to vote at such meeting. After the organization of such meeting, as above men- tioned, a vote shall be taken by ballot on the question whether or not the proposed district shall be organized. Those in favor of organization shall vote "yes," and those opposed '*no." If two-thirds of the legal voters so voting are found to be in favor of such organization, and not otherwise, the meeting shall pro- ceed to elect by ballot a board of directors of said district, who shall hold oflfice until the ensuing regular election, as provided in section forty-four (44) of this act. The secretary of said meet- ing shall immediately transmit to the county superintendent a copy of the proceedings of the meeting, upon receipt of which, if the proceedings are found to have been in accordance with law, he shall establish and number such district and enter a record of the same, and of the proceedings of the meetings, as provided in section twenty-four (24) of this act; Provided, If such organiza- tion of a new district works great hardship to any head of a fam- ily, a statement of the facts may be submitted to the superintend- ent, and two disinterested persons, one to be named by the su- j)erintendent and one by the person affected, and if, in their judgment, good cause be shown for the transfer, he may be trans- ferred to another district; Provided, further. That no district shall hereafter be divided for the purpose of forming a new dis- trict, unless it contains an area of more than nine square miles or has an assessed valuation of more than twenty thousand dol- lars f.|20.000.00) and forty children of legal school age, nor shall a district be divided, if by so doing the remainder of the district shall be found to contain less than twenty persons of school age, and, when practicable, the district shall conform to government lines; Provided, also. That no city or town shall hereafter be 109 §86 DISTRICTS. divided into two or more districts, nor shall the districts of the first class be divided, except upon a vote of the electors of the district, submitted at an annual election, a majority of all the votes cast being in favor of such division. [3 Mills (Rev.), 3992.] NOTE— Sections 24 and 44 above referred to are sections 55 and 94 herein. Two-thirds vote necessary to organize. 1. A two-thirds vote of the electors is necessary in order to organize a new district from old districts. 2. In the organization of a new school district, the law requires two-thirds of the votes cast to be favorable. Territory required. 3. It is not absolutely necessary that nine square miles of territory be included in the organization of a new school district. 4. A district having an area of less than nine squai-e miles can not be divided for the purpose of forming a new district. Number left in old district. 5. As to whether, in counting the number of pupils left in a district after a division has been made, the count is made from the present actual residents or from the number contained in the last census list, clearly it is expected that twenty persons shall actually be shown to be residing in the district after the division is made. 6. A school district can not be legally divided so as to leave fewer than 20 persons of school age in the old district. 7. No old district can be divided and form a new district, unless it contains an area of more than nine square miles, or has an assessed valu- ation of more than $20,000.00 and forty children of school age, nor can it be divided if the remainder of the district is left with fewer than twenty persons of school age in it. Term of office in new district. 8. Members of a school board elected in a" new district hold office only until the ensuing general election of the May following. 9. When directors for a new district (not of the first class) are elected they hold office only until the ensuing regular election, when a full board shall be elected, as indicated in section 69, viz.: One (1) presi- dent for three (3) years, one (1) secretary for two (2) years and one (1) treasurer for one (1) year; and annually thereafter there shall be elected for three (3) years a person to fill the vacancy then occurring. 10. When new school districts are formed out of an old district, that portion of the old district that retains the original number should be con- sidered the old district, and any member of the school board residing in that part of the old district that continues to exist as the old district should fill out his full term for which he was originally elected. Family transferred to another district. 11. In the organization of a new district, the county superintendent' may transfer a family to another district. County superintendent use discretion. 12. The matter of organizing new school districts is one mainly in the discretion of the county superintendent of schools, subject to the pro- visions of section 86 of the school law, providing that no city or town 110 DISTRICTS. §8T shall hereafter he divided into two or more districts, and the districts of the first class shall not be divided except upon a vote of the electors of the district, and that no district shall be divided for the purpose of form- ing a new district unless it contains more than nine square miles, nor unless the remaining portion of the district shall contain twenty or more persons of school age. Failure to make annual report 13. A school district, having kept up its organization and main- tained a four months' school during the year, can not be annulled merely for the reason of having failed to make the annual report. The secretary of the district is the culpable party in such a case, and is liable on hia bond for any loss that may result to the district by reason of his neg- ligence. • Text books — vote of people. 14. In case of a new district formed from one in which text bookss^^- are furnished free, the question of supplying free text books in such new district must be submitted to a vote of the people. Appeal from arbitration committee. 15. The appeal should be made to the county superintendent within? thirty days after the decision of the arbitration committee and the basis of the proceeding shall be according to section 4 and section 5. school law^ It is only after the decision of the county superintendent that am appeal may be made therefrom to the state board of education. 87. Uniting two or more districts — territory annexed or detached. Two or more contiguous districts may be united into one district. For the purpose of effecting such union, each district shall, at a special meeting legally called for the purpose, deter- mine by ballot whether or not a majority of the legal voters assembled are in favor of such union. Those in favor will vote "yes" and those opposed "no." If a majority- of the voters pres- ent in each district vote in favor of a union, a union meeting: shall be called by giving at least ten days' public notice, at which meeting the organization shall be perfected by the election! of officers and other necessary proceedings, in the same manner as provided for the organization of districts in section twenty- eight (28) of this chapter; Provided, That where a first class district is joined in such union with a district, or districts, of a lower class, the board of directors of such first class district shall be held to be the board of directors for the united dis- trict, and the members thereof shall be entitled to serve the unexpired portion of their respective terms as such directors of said united district ; and the board or boards of directors of the lower class districts included in said united district shall cease and determine upon notice from the county superintendent of schools that such districts have been united under the pro- visions of this act. Upon receiving notice from the county super- intendent of such union of districts, it shall be the duty of the county treasurer to transfer all funds belonging to said districts 111 §87 DISTRICTS. to the credit of the new district thus formed. A portion of un- organized territory may be annexed to a school district ; or a por- tion of one district may be detached from said district and an- nexed to a contiguous district, by the county superintendent, upon petition, in eitlier case, of a majority of the legal voters resident within the territory to be so annexed, subject, always, to the limitation provided in section twenty-eight (28). [3 Mills (Rev.), 3993.] NOTE— Section 2.S above referred to is section S6 herein. Uniting upon petition of legal voters. 1. A portion of unorganized territory may be annexed to a school district by the county superintendent upon petition of the majority of the legal voters resident within the territory to be so annexed. 2. More than one section of unorganized territory may be added to the district upon petition to the county superintendent of a majority of the legal voters within the territory. 3. A county superintendent has a right to detach a portion of one district from said district and attach it to a contiguous district upon peti- tion of a majority of the legal voters residing within the territory to be so annexed. It is not necessary that the consent of the voters residing in the district to which the territory is to be annexed should be obtained. 4. In the case of a petition from one district asking to be united as a whole to another district, it is not necessary that the signers should be taxpayers, but they must be legal voters. 5. There is only one way in which a portion of a school district may be detached from said district, and that is in accordance with the last portion of above section, which gives the county superintendent the right to detach territory in one school district and annex it to another school district upon petition in either case of a majority of the legal voters of the territory to be annexed. 6. It would be illegal to detach property from a certain school dis- trict, leaving it as unorganized territory, since the only provision made for detaching territory is upon petition requesting that said territory be attached to some other district. 7. Organized territory can not be legally detached from one district and added to another by the county superintendent without a petition from the residents of the territory, except in cases whei'e the boundaries are conflicting. 8. When a school district has been annulled and its territory Is being annexed to other districts, people wishing to become members of other districts may petition to have land other than their own, and on which no one is residing, annexed with their land to other districts. 9. Colorado has no law permitting any of its districts to be united with adjoining districts in other states. Contiguous — when voted upon — notice. 10. The question of uniting two contiguous school districts may be voted on at the annual school meeting in May, providing the necessary notice for a special meeting be given — that is, notices stating the purpose of the meeting must be posted at least twenty days before the time the meeting is to be held. The notices for the annual meeting will be suffi- cient notice if, in addition to the notice of the election, a statement of the special business to be transacted is made, and at least three notices are posted in the district twenty days previous to the date of the meeting, 112 DISTRICTS. §88 instead of the six clays' notice, whicli is all the time that is required for the annual meeting. Debts of detached territory. 11. Territory annexed to a school district is liable for the debts of the district from which it was detached to the extent of the tax already levied against such territory at the time of the division of the district. 12. The board of directors of a district can not legally transfer the funds of that district to another district. Annulment — grounds. 13. If a district is entirely deserted and has failed to make report, etc., as specified in section 89 of the school law, the county superintendent should declare it annulled and annex it to an adjoining dsitrict simply by declaring it so added, and making the proper record. The act of unit- ing the two originates and concludes with the county superintendent, sub- ject only to the restrictions specified in the law. Transferring of territory. 14. A tenant may be set over to an adjoining district, even if the owner of the land objects to it, if done in accordance with the provisions of above section. 15. Unoccupied land can only be transferred from one district to another when transferred with other territory upon which people reside. No provision is made for simply detaching territory from a district, so that a person who can not send a child to a school held in the district will be exempted from paying the special tax. 16. The county superintendent can not transfer territory from one district to another, except when both districts are located in the county of which he is superintendent. 17. There is no reason why the territory of a duly annulled dis- trict should not be annexed to an organized district, regardless of whether the latter was bonded at that time or not, as only the property of the new district which was included in the original territory of the bonded district, would be liable for the payment of the bonds. Annexed territory — census. 18. If territory is added to a district after the annual census of that distinct has been taken, the names of persons of school age residing in the annexed territory should be added to the census list and the dis- trict given its per capita for such additional names. 88. Organization of joint districts. ' A joint school district may be formed from territory belong- ing to two or more contiguous counties. For the purpose of or- ganizing a joint district, the same preliminary steps shall be taken, and the same course pursued, as is provided for the organi- zation of other districts, in sections twenty-seven (27) and twenty-eight (28). Such district shall be designated as "Joint District No , of the counties of and ," and shall be so numbered that it shall have the same number in all the counties from which it is formed. The petition required by section twenty-seven shall be made to each county superintendent interested, who shall unite in form- 113 §88 DISTRICTS. ing such districts; Provided^ That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept and done, and the reports thereof made, as if each portion of said joint district belonging to each county were an entire district in the respective counties. The teachers of such joint district shall have a certificate from the superintendent of the county in which the school house is located. No joint district shall be annulled except by the consent of the county superintendents of the counties in which such district is located; Provided^ That when any joint district desires to be annulled for the purpose of forming separate districts, it shall re- quire a majority of the voters constituting said joint district, at a meeting called for such pur-pose. [M. A. S., 3995.] NOTE— Sections 27 and 2S above referred to are sections 85 and 86 herein. Territory attached or detaclied. 1. Territory beloiaging to' a joint district can not be detaclied from or attached to an adjoining district witliout the consent of all the county- superintendents interested in such joint district. 2. The only way in which any portion of a joint district can be taken from the joint district and annexed to another is by going through the procedure mentioned in above section. The joint district would have to first be annulled with the consent of the county superintendents and a majority vote of the electors of said joint district. The territory should then be annexed to the other district, in accordance with the require- ments of section 87. 3. A portion of a joint district can be detached from said district and attached to another only under the provisions of above section, un- less cause for annulling the district exists. Formed by dividing counties. 4. In the organization of new counties by the general assembly the county lines, in a few cases, divided organized school districts into two parts, leaving the district in two counties; in such case, the district should be considered as a joint district. Elections.' 5. The general law in regard to the election of school directors applies to a joint district just as to any other. Who may vote. 6. All legal voters who are residents in a joint district may vote upon any questions pertaining to school matters of said district, save in the matters of bonds, which requires a voter to be also a taxpayer. Attached to union high school in another county. 7. A district in one county may be attached to a union high school district existing in another county. Secretary's bond — loarrants. 8 In a joint district the secretary of such district should file a bond in both counties and the board should draw warrants on each county treasurer. 114 DISTRICTS. §89 89. When a new district shall be entitled to public school money — proviso. ' No new district, formed as provided in sections twenty-seven and twenty-eight of this chapter, shall be entitled to any portion of the public school money until a school has ac^tually com- menced therein, and unless within six (6) months from the establishment of such district a school be opened and maintained, as required by laAv, the action making such district shall be void, and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old district or districts out of which the new one was formed, shall be valid and binding upon the real and per- sonal property of the new district, the same as if said new dis- trict had never been organized ; Provided, That the county super- intendent may, for good cause, extend the said six (6) months to eight (8) months; said time of limitation shall begin to run from the time of the meeting at which it was voted to organize the district; whenever any district shall, for the period of one year, fail to maintain a school and to keep up its organization of officers, and to make annual report as required by law, the county superintendent may declare such district annulled, and annex its territory to adjoining district or districts. [M. A. S., 3994.] NOTE— Sections 27 and 28 abov^ referred to are sections S5 and SG lierein. School actually commenced. 1. A newly organized district is not entitled to a share of the gen- eral fund (state and county) until a school has actually begun in such district. 2. No new district is entitled to any poi'tion of the public school fund until a school is actually commenced therein. This, however, would not necessarily exclude a district whose school might be found to be located outside of the district line through accident, if the school had been commenced in good faith. 3. Where a school district newly organized commences school in good faith in a certain building, and supposes the building where the school is held to be within the boundaries of the district, it would be entitled to di^aw its share of the public funds, notwithstanding the fact that the building is discovered, after the school has commenced, to be outside of the lirrtits of the district. 4. A new school district, as soon as its organization is complete, is entitled to its share of the special fund standing to the credit of the old district, of which it was formerly a part; also to receive each month its share of the uncollected special tax; providing, always, that a school has been commenced in the district in good faith. Failure to open school ivithin six months. 5. Failure to open a school. in a newly organized district within six months from the date of organization makes void all proceedings per- taining to the formation of the district, unless the time for opening a school therein be extended to eight months by the county superintendent. 115 §89 DISTRICTS. Territory attached and detached. 6. Territory annexed to a school district is liable for the debts of the district from which it was detached to the extent of the tax already levied against such territory at the time of the division of the district. 7. Territory detached from a district which has been bonded is not released from taxation to pay both principal and interest of such bonds. Such detached territory is liable for such taxation until the bonds have been fully discharged, the same as if it had remained a part of the orig- inal district. 8. Lands to which title has not been obtained from the govern- ment at the time school bonds are issued by a district of which such lands form a part are not subject to tax for the payment of such bonds. Hence, if said lands are set off or detached from the district before title is perfected, they are not subject to a bond tax in the original district when title is complete. 9. A remote part of the district can not take steps after bonds have been voted, and before they are issued, to set itself apart and form a new district, thus avoiding its liability for interest and principal on the bonds. 10. Territory belonging to a joint district can not be detached from or attached to an adjoining district without the consent of all the county superintendents interested in such joint district. 11. Territory detached from a district which has been bonded is not released from taxation to pay both principal and interest of such bonds. Such detached territory is liable for such taxation until the bonds have been fully discharged, the same as if it had remained a part of the original district. Transfer of general fund. 12. A school district can not lawfully transfer its apportionment of the general fund or any portion thereof to another district. Annulment of district. 13. According tc the law, whenever any district shall, for a period of one year, fail to maintain a school and keep up its organization of officers, and to make an annual report as required by law, the county su- perintendent may declare such district annulled, and annex its territory to adjoining district or districts, but such action must be taken by county superintendent before such district ceases to exist. 14. There is no law providing for the annulling of a portion of a district that it may become unorganized territory, and it does not seem good policy to do so. 15. If a district is entirely deserted and has failed to make report, etc., as specified in section 89 of the school law, the county superintend- ent should declare it annulled and annex it to an adjoining district sim- ply by declaring it so added, and making the proper record. The act of uniting the two originates and concludes with the county superintend- ent, subject only to the restrictions specified in the law. 16. A district may be annulled when, for the period of one year, it has failed to maintain a school, keep up its organization of officers, and make its annual report as required by law. When not annulled. 17. "Whenever any district shall, for a period of one year, fail to maintain a school and keep up its organization of officers and to make its report as required by law, the county superintendent may declare such district annulled and annex the territory to an adjoining district 116 DISTRICTS. §90 or districts." Therefore, the mere fact that school has not been held in a district is not sufficient to warrant the county superintendent in annulling the district. 18. A school district, having kept up its organization and main- tained a four months' school during the year, can not be annulled merely for the reason of having failed to make the annual report. The secretary of the district is the culpable party in such a case, and is liable on his bond for any loss that may result to the district by reason of his negli- gence. 19. Four months of school in each school year are necessary in order that a district may hold its organization. Three months of school are necessary to entitle a district to its share of the public funds. This practically makes four months of school necessary in each district. 21. A district in which there are no pupils of school age residing may keep up an organization for an indefinite time by electing officers and making all necessary reports. 22. If the county superintendent does not declare the district an- nulled, and it maintains a public school at least three months of the school year, it shall be entitled to the school fund for that year. This does not conflict with the decisions referred to, since a district is not annulled, except as the county superintendent declares it so. Disposition of fund — when district annulled. 24. If a school district has failed to hold school for one year, and has failed to keep up its organization, the funds belonging to such dis- trict should be turned into the county general fund, unless its territory is attached to another district, in which case the money should be trans- ferred to the district to which it is attached. 25. The fund belonging to a district declared annulled should be turned into the county general fund. If its property is attached to an- other district or districts, each district shall own and hold all permanent property, such as sites, school houses and furniture situated within these boundaries. All division of funds shall be apportioned by the county su- perintendent whose duty it shall be to apportion said money monthly, between the fractions of the divided district, according to the location of the property on which said tax was levied. 90. When new district entitled to share of funds— apportionment. When a new district is formed from one or more old ones, tlie school funds remaining to the credit of the district, after providing for all outstanding debts, excepting debts incurred for building and furnishing school houses, shall be divided as follows: The basis of division for the school fund shall be the school population, as showm by the last school census before the division of the district or districts occurred, and shall apply such funds as reipain to the credit of said old district or dis- tricts at the time of the organization of said new district, and each district shall receive funds in proportion to its per cent, of the said census. In case of division, each district shall own and hold all permanent property, such as sites, school houses and furniture, situated within its boundaries. All division of funds under this provision shall be made by the county superintendent, and when there are unpaid special taxes on the county tax book belonging to a district at the date of its division, the* county treasurer, upon being notified of such 117 §91 DISTRICTS. division by the county superintendent, shall retain all money received in payment of said special tax until the same shall be apportioned by the county superintendent, whose duty it shall be to apportion said money monthly, between the fractions of the divided district, according to the location of the property on which said tax was levied. At the first apportionment after the organization of a new district, the county superintendent shall apportion to such district its per capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school [house] shall have been begun therein in good faith. [M. A. S., 3996.] When district can not he annulled. 1. "The above section of the school law provides for distribut- ing any school funds remaining to the credit of a district when a new one is formed from one or more old ones, but there is no law providing for the payment of the indebtedness of a district in case it should be disor- ganized and wiped out of existence. The legislature never intended that a school district should be disorganized until all its outstanding obliga- tions are provided for. The superintendent may declare the district an- nulled, and at the same time provide in the order in which it was con- tracted for the payment of such indebtedness by the district to which the territory should be attached, providing such district should consent thereto. He certainly should not make an order annulling the district until some provision is made for the payment of its outstanding war- rants, and if he has done so, in any case, it could not have the effect to cancel such indebtedness or make it invalid." Teacher's contract. 2. When a school district has been divided, in the division of funds between the old district and the newly organized district, the clause in above section which states that, "after providing for all outstanding debts, etc.," can not be interpreted to mean contracts made with teachers for certain months of school which are yet untaught. No debt exists for the months of teaching which are yet to come. Census list. 3- If territory is added to a district after the annual census of that district has been taken, the names of persons of school age residing in the annexed territory should be added to the census list and the district given its per capita for such additional names. 4. The residence of the parents or guardians determines the school district in which the children's names should be listed. In case the mother has one legal residence and the father another, the residence of the mother determines the residence of the children. Transfer of funds. 5. The board of directors of a district can not legally transfer the funds of that district to another district. 91. Districts may hold real estate — proviso. It shall be lawful for any school district in this State to take and hold, under the provisions of any law now or hereafter 118 DISTRICTS. §91 in force providino- for the exercise of the right of eniineut do- main, so much real estate as may be. necessary for the location and construction of a school house and convenient use of the school; Provided, That the real estate so taken otherwise than by the consent of the OAvner thereof, shall not exceed in dis- tricts of the first class, three acres, if real estate be unplatted, and not exceeding one block if real estate be platted, and in dis- tricts of all other classes, not exceeding one acre. [L. '07, p. 502.] NOTE— Chapter 31 referred to is the chapter on "Eminent Domain," M. A. S., page 1097. Power to condemn. 1. Upon showing that such action is necessary for the location and construction of a school house, and convenient use of the school, directors may, under the "Eminent Domain Act," condemn land as above provided, and the owner must accept the amount of damage awarded. 2. Section 15, article 11, of the constitution, gives the right, and chapter 45 of Mills' Annotated Statutes, as amended, provides a complete plan of procedure for condemning private property for public use. Belongs to school district. 3. When land has been taken by a school district under the pro- visions of the "Eminent Domain Act," if it has been used for school pur- poses and no other, it belongs to the school district, and not to an indi- vidual who has recently made purchase of the quarter section of which such acre is a part. The individual purchasing the land can not collect rent from the district and can not demand pay for the land. Title oMained through individual. 4. A school district can not perfect a title to land, as this is the pov/er of an individual only. Before the district purchases the land the patent should be issued to some one, otherwise the title would be inse- cure. Building on school land. 5. There is no authority in law giving the privilege to build upon school land without first receiving a grant from the state land board. Upon application to the register of such board, accompanied with plat and field notes of the survey, one acre will be granted your district for school purposes. 119 ELECTIONS. 92. Annual elections — notices posted — publication — ballot. The regular election for electing members of school boards shall be held annually in each district on the first Monday in May, at which time it shall be lawful to transact any business pertaining to schools and school interests. The secretary of each school board shall cause written or printed notices to be posted, specifying the day and the place or place's of such election, and the time during which the ballot box or boxes shall be kept open, not less, however, than three hours, and further specifying at what hour and place any other business shall be transacted. Said notices shall be posted in at least three public places in the district, one of which shall be the school house, if there be one, at least six days previous to the time of election; and in districts of the first class, said notice shall be published weekly for the four weeks next preceding such election, in some news- paper published in the district, and if there be no paper pub- lished in such district, then in a paper published in an adjoin- ing district. If the secretary fail to give such notice, then any two (2) legal voters residing in the district may give such notice over their own names, and such election may be held after the day fixed by this act for such election. All elections shall be by ballot, and in the absence of a notice specifying the hour, the ballot box shall be opened at nine (9) o'clock, a. m., and closed at four (4) p. m. In districts of the first class, the school boards may order more than one voting place in the district, fix the voting places and the limits of the voting precincts, and appoint three (3) judges and necessary clerks for each voting place, in addition to those provided for in section forty-five. [3 Mills (Rev.), 4008.] NOTE— Section 45 referred to in this section is section 93. ' Annual election — place — time — notice. 1. The regular annual election for members of school boards is held on the first Monday in May throughout the state. Any business pertaining to schools and school interests may be transacted at that time. Notice, however, must be given of the "time and place" of such business. 2. It is not possible for school districts of the third class to have more than one voting place. 3. The question of uniting two contiguous school districts may be voted on at the annual school meeting in May, providing the necessary notice for a special meeting be given — that is, notices stating the pur- pose of the meeting must be posted at least twenty days before the time the meeting is to be held. The notices for the annual meeting will be sufficient notice if in addition to the notice of the election, a statement 120 ELECTIONS. §92 of the special business to be transacted is made, and at least three no- tices are posted in the district twenty days previous to the date of the meeting, instead of the six days' notice, which is all the time that is required for the annual meeting. 4. In accordance with section 92, school law, if the notice of the annual election for the election of a rhember or members of the school board is posted in three places as specified in such section, for the re- quired length of time before the election, and sets forth that such elec- tion will be held on the first Monday in May, and designates the place where the same shall be held and the continuous hours, not less than three, during which the ballot box shall be open, would be a legal elec- tion, for a member or members of such board, without specifying the particular officer or officers to be elected. 5. A change in the place of election from the one specified in the notices posted can never legally be made. 6. The board of directors determines the place or places where an election shall be held, and the secretary gives notice in accordance with such direction of the board. 7. A failure to give the required notice by the secretary would not necessarily render the regular annual school election void. 8. Where the notice of a regular annual school election given by the secretary names an unusual hour for the holding of such election — say from 6 to 9 o'clock a. m.— the fact that a majority of the residents object to the time specified in the notice and undertake to give notice for an election at a more convenient hour — say from 9 o'clock a. m. to 12 o'clock m. — is conclusive evidence that such majority had notice of the time and place fixed by the secretary in his notice, and unless it would be practically impossible to hold an election at the hour named in the secretary's notice, an election held pursuant thereto would not be invalid because of being held at an unusual hour. 9. The law provides that notices of the regular election for electing members of school boards shall be posted at least six days previous to the time of election, and in first and second class districts the names of the candidates shall be published or posted for five consecutive days preceding the election. 10. A change in the time of election can not legally be made within six days prior to election day. 11. The law does not designate of what the ballot box shall consist. 12. There is no provision in law by which directors in a district of the second and third classes may appoint judges. However, the electors present shall appoint a legal voter to fill the vacancy should any of the judges be absent at the opening of the polls. 13. The law specifically states that the ballots shall contain the printed or written names of the candidates to be voted for, but makes no further provision regarding numbers or distinguishing checks of any kind for purposes of identification. 14. A ballot containing the printed or written name of a legal can- didate cast in a legal manner is sufficient. 15. There is no provision of law requiring an elector selected as a judge of election in a second class district to take an oath as such judge. 16. The result of a school election must stand as announced by the judges imtil set aside by the courts in a contest proceeding. Polls open three hours. 17. A school election at which the polls are not kept open three hours and the voting done by ballot is illegal. 121 §93 ELECTIONS. IS. It is lawful for the ballot box for voting on the question of bonding the district to be open at the same time as the one for the elec- tion of school officers. 19. School law definitely states that when the question of bonded debt is submitted to voters the ballot box shall be kept open as pro- vided in section 92, which definitely states that the ballot box shall be kept open not less than three hours. If it can be proven that no one presented themselves for the purpose of voting during the hour after the polls closed, I would not raise the question of the legality of the vote. Judges of election. 20. The fact that there were but two judges at a school election would not invalidate the election, if legally conducted in other respects. Special meeting — notice. 21. A special meeting posted on annual blanks was sufficient notice, if a statement of the special business to be transacted was -made and the notice was posted previous to the annual election. Tax levy reconsidered— loJien. 22. While the law does not permit the changing of a tax levy made at the annual meeting in May and certified to by the school board of the district, the district would have a right to call a special meeting to vote an additional special tax of two or any other number of mills that would be inside the limit up to which a third class district is permitted to levy. This is not in any way to be considered changing the original levy, but simply voting an additional levy. School board when not bound by action of electors. 23. A school board does not have to carry out all motions made and carried at the annual meeting of electors, unless such motions cover matters upon which the electors ai^e entitled to pass. Moving building — vote. 24. In order to vote upon the question of moving a school building, at an annual election, such contemplated business should be stated in the notice. The majority vote necessary to carry the same, refers to the voters present, and not to all the electors of the district. 93. Qualifications of electors — sex — oath — penalty for illegal voting — proposition to create debt. Every elector, legally qualified to vote at a general eection, having been a resident of the school district for thirty (30) days next preceding the day of election, shall be entitled to vote; Provided, That no person shall be denied the right to vote at any school district election, or to hold any school district oflSce on account of sex; Provided, further. That in districts of the first (1st) and second (2nd) class, any person who may desire to be a candidate for the ofiice of school director, shall file a writ- ten notice of such intention with the secretary of the school district in which he resides at least eight (8) days prior to the day of the holding of the annual election for school directors, and the secretary of said school district shall for five (5) con secutive days preceding the day of said election, publish in some 122 ELECTIONS. §93 daily paper or when no daily paper is published in such district, then by posting- printed or written notices in not less than five (5) public places in such district, the names of all candidates who shall have so filed notice of such intention; and the said secre- tary shall also have printed or written ballots prepared, beariuG; the names of all candidates who have certified such intention of being candidates, as aforesaid, printed or written thereon, and no person other than those whose names appear upon the ballot so prepared, shall be voted for. Any person offering to vote may be challenged hj any legally qualified elector of the dis- trict, and any one of the judges of election shall thereupon ad- minister to the person challenged an oath, as follows: "You do swear (or affirm) that you are a citizen of the United States, or that 3-ou have declared your intention to becoming such; that you have resided in this state of Colorado six (6) months imme- diately preceding this election; that you are twenty-one (21) years of age; that you have resided in this district thirty (30) days next preceding this election; and that you have not voted at this election. So help you God (or under the pains and pen- alties of perjury.)" If he shall refuse to take such oath or af- firmation, his vote shall be rejected. Any person guilty of vot- ing illegally, shall be punished as provided in the general elec- tion laws of this state. The president, secretary and treasurer of the district school board shall act as judges of the election, except as otherwise provided in section forty-four and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy; Provided, lioicevcr. That at all elections held for voting upon a proposition to create or contract a debt by loan for the pur- pose of erecting or furnishing school buildings, or purchasing school grounds, only such qualified electors of the district shall vote thereat as shall have paid a school tax in such district for the year next preceding such election. [3 Mills (Rev.), 4009.] NOTE— See Qualifications of Electors, article VII, section 1, constitution; Women Enfranchised, article VII. section 2, constitution. NOTE— Section 44 above referred to is section 92 herein. Qualifications of elector's. 1. If pei'sons spend the winter in town, voting in the town in the fall, and return to their homes in another district less than thirty days previous to a school election, they are not entitled to vote, since their action in voting in the November election is a declaration of their resi- dence in the town. 2. Every person, male or female, over the age of twenty-one (21) years, who shall be a citizen of the United States, and shall have resided in this state twelve (12) months immediately preceding the election at which he offers to vote, in the county ninety (90) days, and in the dis- trict thirty (30) days, shall be a legal voter at an annual school election. 3. The law provides that no person except a qualified elector shall be elected a school director, and to be qualified he shall have resided in the county ninety days, in the city or town thirty days, and in the ward or precinct ten days, and in the school district thirty days. 123 §98 ELECTIONS. 4. In third class districts — that is, districts having under 350 school population — the provision of section 93, requiring eight days' notice of candidacy, is not applied. It is only in districts of the first and second class — districts having over 350 school population — that candidates are required to file written notice of such intention with the secretary of the school district at least eight days prior to the day of holding the annual election. 5. The fact that an elector is not a taxpayer does not disqualify him from holding office, either by election or by appointment. 6. There is nothing illegal in a man and his wife being members of the same school board. Since more than one director may be elected from the same family. 7. Section 93, as amended by implication by article VII of the con- stitution, makes it necessary in order to be a qualified elector of this state, to be a citizen of the United States and to have resided in this state 12 months immediately preceding the election at which he offers to vote. When election illegal. 8. An election is not illegal simply because some persons were not permitted to vote, even if it is shown that such persons had a right to vote. If the ballots excluded would change the result of the election there would be strong grounds for' contesting the election. The law does not provide for the imposing of fines upon members of school boards who have not allowed persons to swear in their votes. 9. If the candidate who received the twenty votes was not a quali- fied elector, his election was invalid, and a special election should be called by the board within ten days and notice be given as required for regular election. Judge of election must take oath. 10. A school board can not legally appoint any one to act as judge of a school election without requiring such person to take the oath for the same. Special election. 11. In districts of the second class in case there is no regular nominee an election can not be legally held, and a special election should be called by the board within ten days, or in case of the failure of the board to have properly called such a special election, the county super- intendent should appoint. Residence of director. 12. If you are not a resident of the district you could not legally be elected as a director of that district. 13. Actual residence determines one's voting place. The fact that a person has "taken up" a homestead, but is not at the time he offers to vote located upon his homestead, does not deprive him of the right to vote in the place of his actual residence. If a person is holding a home- stead claim in good faith, he must retain his residence in the school dis- trict in which said homestead is located. 14. In the case of a person who had lived in a district for over a year and a half and who, after teaching six weeks in the district, went away for a certain time, expecting to return, if such a person claimed as his residence the district in which he had resided for over a year and a half, he would be entitled to vote in the district if possessed of the other legal qualifications. 124 ELECTIONS. §94 When an elector not a taxpayer can vote. 15. Any person not a taxpayer, but otherwise a legal voter, is en- titled to vote at a regular or special district school meeting upon all mat- ters coming before such meeting, except upon a proposition to contract a debt by loan. 16. It is not necessary that an elector voting to place free text books in a school should have been a taxpayer in the school district for the year preceding the election. 17. It is not necessary that one should be a taxpayer to vote on the question as to where a school is to be held or a school building is to be erected. Any legally qualified elector has a right to vote on all questions save those relating to bonded indebtedness. 3Iust he taxpayer to vote on bonds. 18. All legal voters who are residents in a joint district may vote upon any questions pertaining to school matters of said district, save in the matter of bonds, which requires a voter to be also a taxpayer. Who may challenge oath. 19. A person residing outside of the boundaries of a proposed new district has no legal right to challenge a voter residing within the same. 20. The president of a school board, when acting as a judge of election, can administer the oath to a challenged voter, the fact that the president requires the oath being equivalent to a challenge. Procuring site for school house. 21. The proposition to build a school house includes procuring a site therefor. The interpretation of the law relative thereto is: First, that a vote is necessary; second, that if the land were purchased without such a vote, the sale would be invalid; third, section 93 of the school law, will govern the qualifications of voters. Who may be director. 22. The laws of Colorado do not in any way prohibit a saloon- keeper from holding office as a school director, if he has been elected to that office in a legal manner. 23. Moi'e than one director may be elected from the same family. Candidacy — whe^i vacancy occurs. 24. In a first class district, when a vacancy occurs after the ad- vertisement of the regular election, four weeks preceding such election, a person who may desire to be a candidate for the office of school director, by filing a written notice of such intention with the secretary of the school district in which he resides at least eight days prior to the day of the holding of the annual election, will become a legal candidate, pro- viding the other details specified in sections 92-93 of the school law, be ob- served. If the resignation occurs after the eight days specified in section 93, the board would name the director who would hold over until the regular election. 94. Counting votes — tie — special election. Immediately after the closing of the polls, the judges shall meet at one of the voting places as shall have been previously designated by the school board, and shall proceed to count the votes, and the person or persons qualified to be elected who 125 §94 ELECTIONS. shall receive the lai-gest number of votes, shall be declared elected, and a report of the said election signed by the judges shall be transmitted to the school board. If, for any cause, no election be held at the regular time, or if, upon counting the votes, there be a tie vote for any one or more of the oflScers, a special election shall be called by the board within ten" (101 days, and notice thereof given, as required in section forty-four (44) of this act. A failure to give the prescribed notice of such special election shall render the election void. [3 Mills (Rev.), 4010.] NOTE — Section 44 above referred to is section 92 herein. Tie vote — special election. 1. In the case of there being a tie in the vote of two candidates for the same position at a school election, it would be necessary to hold a special election for the office, in accordance with the rules provided for special meetings. 2. At a school election, in case of a tie vote, it is the intent of the school law to provide that notice of another election shall be posted within ten days. 8. In the matter of calling a second special meeting for the elec- tion of directors in case of a tie vote, the law contemplates no such ac- tion. In case a special election is not called within ten days after the time of holding the regular annual meeting, or in case a special meeting is duly called within the ten days, but a tie vote is cast, no other meet- ing for the election of directors can be called, and the vacancy should be filled by the county superintendent. Power of judges. 4. The judges must determine who is legally elected. They have the power to throw out an illegal vote, providing it is done before a signed report of said election is transmitted to the school board, or the final decision is given. A special meeting is only called in case of a tie, and must be within ten days after the election. Contest— question for courts. 5. The result of a school election must stand as announced by the judges until set aside through legal proceedings contesting the election. An election contest is a question for the courts to decide. 6. The county superintendent has no authority to set aside an elec- tion, as it can only be done by the courts, and the county court of j'^our county will have jurisdiction in the matter. When county superintendent fills vacancy. 7. If the annual election of school directors is not held, and a spe- cial election is not called within the required ten days thereafter, it then devolves upon the county superintendent to fill vacancies by appointment. When old board holds over. 8. If an election of school directors is not held, the old board does not hold over. The law provides that, within ten days after election, notice should be posted of another election. 126 ELECTIONS. §95 Continued meeting. 9. When a meeting follows after the ballot box has been closed at an annual meeting, it may be regarded as simply a continuation of the first meeting. 95. Applies to all school elections. The general provisions of sections 44, 45, 46 shall be appli- cable to all school elections, whether general or special, or for whatever purpose held. [3 ^lills (Rev.), 4()10a.] • NOTE— Sections 44, 45 and 4il above referred to are sections 92. 93 and 94 herein. Sections prescriMng manner of conducting elections. 1. Sections 92, 93 and 94 of the school law prescribe the manner of conducting the election — including the "previous notice" — (not the same in all districts) "the time during which the ballot box or boxes shall be kept open," who "shall be entitled to vote," "counting the votes, ' "qualifying," "administering the oath of office," etc. 127 ELECTORS. 96. Qualifications of electors. Every person over the a£je of 21 years, possessing the fol- lowing qualifications, shall be entitled to vote at all elections: First — He shall be a citizen of the United States. Second — He shall have resided in this state one year im mediately preceding the election at which he offers to vote; in the county, 90 days; in the city or town, 30 days; and in the ward or precinct, 10 days. [3 Mills (Rev.), 1571.] NOTE— Section 93 also requires that a person voting- at a school election, in addition to the above qualifications, must reside in the school district 30 days previous to the school election. See also Article X, section 1 of con- stitution. 97. Women vote — qualifications. That every female person shall be entitled to vote at all elections, in the same manner in all respects as male persons are, or shall be entitled to vote by the constitution and laws of this state, and the same qualification as to age, citizenship, and time of residence in the state, county, city, ward and precinct; and all other qualifications required by law to entitle male per- sons to vote shall be required to entitle female persons to vote. [3 Mills (Rev.), 1571a.] 98. Powers of electors at meetings. The qualified electors of districts of the third class, when assembled at any regular or special meeting shall have power: First — To appoint a chairman and secretary in the absence of the regular officers. Second — To adjourn from time to time, as occasion may require. Third — ^To fix the site for each school house, taking into consideration in doing so the wants and necessities of the people of each portion of the district. Fourth — To order such tax on taxable property of the dis- trict as the meeting shall deem sufficient for any of the follow- ing purposes: To pay teachers; to purchase or lease a suitable site for a school house or school houses; to build, rent or pur- chase a school house or school houses; and to keep in repair and furnish the same with the necessary fuel and appendages; for procuring libraries for the schools, books and stationery for 128 ELECTORS. §98 ! the use of the board and district meetings, and to defray all other contingent expenses of the district. Fifth — To direct the sale or other disposition to be made of any school house, or the site thereof, and of such other prop- erty', real or personal, as may belong to the district, and to direct the manner in which the proceeds arising therefrom shall be applied. 8ixth — To transact generally such business as may tend to promote the cause of education, in accordance with the provi- sions of this act. Seventh — To adopt any rules of order for the government of district meetings not incompatible with the provisions of this act, and to alter and change the same from time to time, as occasion may require. [M. A, S., 4027.] Who may vote. 1. Any person not a taxpayer, but otherAvise a legal voter, is entitled to vote at a regular or special district school meeting upon all matters coming before such meeting, except upon a proposition to contract a debt by loan. 2. All legal voters who are residents in a joint district may vote upon any questions pertaining to school matters of said district, save in the matter of bonds, which requires a voter to be also a taxpayer. S. It is not necessary that one should be a taxpayer to vote on the question as to where a school is to be held or a school building is to be erected. Any legally qualified elector has a right to vote on all questions save those relating to bonded indebtedness. County superintendent may institute legal proceedings to remove district officer. 4. A county superintendent has the right to demand the resignation of a member of a school board and to institute legal proceedings to remove an officer of a school district who is persistently ^''iolating the law and any elector of the district has the right to institute proceedings for the same purpose. Site of school house determined by electors. 5. The site for a school building in districts of the third class can be selected or changed only by vote of the electors taken at the annual meeting, or a special meeting legally called. 6. A board of school directors can not legally change the site for a school building which has been selected by a legal vote of the electors ot such district. 7. When the electors of a school district, at a legal meeting, vote to erect a building on the school site of the district to be used as a teacher's residence, and vote a special tax for that purpose, such action legally au- thorizes the directors of the district to contract for the erection of such a building. S. The law does not require that a school house shall be placed on a public road. 9. The school board of a third class district has no right to move school buildings unless directed to do so by vote of the electors of the district. 5 129 §98 ELECTORS. 10. The power to fix the site for school houses necessarily includes the power to fix the location of the school, and after a majority of the voters of the district (third class) have decided to have the site of the school house in a certain portion of the district, it would hardly be hela as within the power of the board to defeat the will of the electors by establishing a school in some other place. 11. No petition is necessary to bring the question of selecting a site for a school house before the electors concerned. 12. The location of a school house is for no definite time. A vote may be taken on the question of moving the school house as often as u meeting for the purpose can be legally called. 13. A school district has not a legal site if the school is on what was formerly government land, but which land has since been filed on under homestead law. Building of school house, determined by board. 14. In building a school house the board of directors must keep within the appropriation of the electors. If it is desired to spend more money than the original appropriation, a meeting of the electors must be held to determine whether they will authorize the additional expenditure. 15. The law does not specify the manner in which a school board shall proceed in the matter of building a school house or whether such board shall advertise for bids or not. The board is permitted to exercise discretion in the matter, having in view at all times the best interests of the district. 16. A sale of a school house, unless authorized by vote of the elec- tors of the district, is void and may be set aside in the proper proceedings instituted by any elector of the district or by the county superintendent. 17. The proposition to build a school house includes procuring a site therefor. The interpretation of the law relative thereto is: First. that a vote is necessary; second, that if the land were purchased without such a vote, the sale would be invalid; third, section 93 of the school law will govern the qualifications for voters. 18. The board have no authority to build a school house except when directed to do so by a vote of the district; the fund remaining in the treasury can not be used for building a school house, except upon a vote of the electors. 19. School must be held in a building situated within the bound- aries of the district. 20. The electors of the district have the power to direct, the sale of the school house and the site and empower the board to sell to the county commissioners at the stated offer if they are so inclined. There is no law requiring it to be advertised and sold if the electors wish to make a private sale. 21. The electors of a district are the only persons who have power to levy tax for the purpose of building school houses. 22. Directors of first and second class districts have a right to sell a school building when directed so to do by the electors at a special meet- ing called for that purpose. Such sale should be made in the manner prescribed by the electors, which should be at public sale after proper ad- vertisement. 23. The building of a school house as permitted by vote of the electors at the last meeting would be lawful if the meeting was a legal meeting, even though the vote was taken in reconsideration of the ques- tion as previously passed upon. 24. The electors of a district when assembled at the regular annual school meeting in a district of the third class have a right to instruct the school board as to what the material of a new school building shall be. 130 ELECTORS. Taxes. 28. In regard to the method of raising money to build a school building, the law prohibits the issuing of warrants in excess of the reve- nues of the district for the current year; therefoi'e an arrangement for issuing warrants payable in one, two and three years, the qualifierl voters to vote a levy to be collected in one, two and three years to pay the war- rants, would not be legal. The voters have no authority to vote a levy except for the current year. It would, therefore, only be possible to raise the money by voting bonds for the amount if the electors do not wish to levy the whole tax in one year. 29. In any district of the third class a levy on taxable property must be made by the qualified voters when assembled at any regular or special meeting, and such levy can not be made by board of directors. 30. In reply to your question as to whether a majority or plurality vote is necessary to decide a special tax levy, and whether the levy to be voted upon is to be determined by the school board or by the electors themselves in a third class district, I would say that the law requires a majority vote and that the amount of the levy should be fixed by the electors at a regular or special election. Bonds. 31. Bonds can not be voted for sinking an artesian well; but if the district has sufficient money in its special fund, it may use that money for such a purpose on a vote of the electors. 32. A school district created from organized territory, which is al- ready bonded for building purposes, can issue new bonds to an amount not to exceed the difference between its share of the present bonded in- debtedness and three and one-half per cent, of the assessed value of its property, both real and personal. 33. Having considered the relation in which the act of 1899 stands to the school act, it appears evident that the general assembly intended to create a new and distinct school district, which should exercise all the powers of "school districts" and be classed as a school district, and in the exercise of those powers given to school districts in the state. It Is, therefore, concluded that it has the right to issue bonds in accordance with the provisions of section 11 of the school act. 34. A school district has no right to create a debt except through bonding the district in accordance with the provisions of section 11 of the school law, and the further provision that warrants may be issued before the funds to pay them are actually in the treasury; Provided, That the total sum of such warrants does not exceed the revenue of the district for the year in which they were issued. 35. The constitution of Colorado prohibits the creation of a debt by loan for building purposes in any other way than by a vote of the elec- tors. While a certificate of indebtedness can not be considered a loan, strictly speaking, the courts would probably construe it to be prohibited by the same constitutional provision when issued to cover a debt in- curred by building. 36. The county superintendent has the right to protest against the registering of a school warrant when he has reason to suspect fraud, and if he has proof of fraud in connection with the warrant, he has the same right as an elector of the district to bring proceedings to stop the pay- ment of the warrant. Special levy. 37. After a levy is made for a special purpose in a school district, and is also made by the county commissioners.- warrants may be drawn to the amount of the revenue for the current year. 131 §98 ELECTORS. 38. There is no limit to the special levy in first and second class districts. 39. There is no law authorizing the leA^y of a tax for a sinking fund, but section 98 of the school law does authorize the levying of a tax for building purposes. The law has been interpreted to mean that the tax levied under it must be for a specific purpose, as for building a school house, purchasing a site, etc. 40. The special tax levy should be made previous to sending in the annual report of the secretary of the district. The levy can be cer- tified to legally by two members of the board. 41. In the call or notice of a special or annual school meeting it is illegal to specify the amount of a proposed levy and to require electors to vote for or against the levy thus proposed, without discussion or amendment. 42. When the electors have voted a definite special levy for build- ing a school house, the board can not spend in building said school house more than the proceeds of said special levy, unless so directed by the electors. 43. While the law does not permit the changing of a tax levy made at the annual meeting in May and certified to by the school board of the district, the district would have a right to call a special meeting to vote an additional special tax of two or any other number of mills that would be inside the limit up to which a third class district is permitted to levy. This is not in any way to be considered changing the original levy, but simply voting an additional levy. 44. According to legal decisions in this state, a special tax can be voted at other than the annual meeting. Paragraph 4, section 98, of the school law has been interpreted, in connection with the introduction of section 98, to authorize this. 45. A vote of the electors authorizing a tax levy for building pur- poses is not suflBcient. The vote should include both the amount of tax levy and the authority to erect a school building. Board right to hire teachers. 46. A school board has the absolute right to engage the teacher, or teachers, for the school district. The fact that a majority of the tax- payers sign a petition making a protest against the selection made by the board can not in any way affect the legal right or the action of the board in the matter of the appointment of a teacher. 47. Since the law gives the board the right to employ and discharge teachers and to fix and order paid their wages, the electors of the district could have no voice in the matter, and while the patrons of the school would have a right to circulate a petition requesting the board to engage a certain teacher, the board would have the right to ignore the petition if they desired to do so. Free text-hooks by vote of people. 48. In case of a new district formed from one in which text-books are furnished free, the question of supplying free text-books in such new district must be submitted to a vote of the people. 49. The board of directors must furnish books for all pupils when instructed to do so by a majority vote of the electors of their district, as expressed at any regular meeting or special meeting called for that purpose. 50. In regard to a district board furnishing free text-books, the provisions of the law mean that a majority of the votes cast upon the question of providing free text-books for the district shall govern, and not a majority of all the electors residing in the district. 132 ELECTORS §98 51. The fact that a district has voted to furnish free text-books to its school children, and has done so for a number of years, does not permanently bind the district so to furnish the text-books. If brought up in the manner prescribed by law, the district may again vote upon the matter. Tuition. 52. There is no legal provision for the payment of tuition out of a fund belonging to a school district. If a tuition is charged, pupils who attend school in a district other than that in which they reside, that tui- tion must be paid by the parents, and not by the district from which the pupils come. 53. The laws do not provide for the payment of tuition in high school for pupils above the eighth grade from the public funds of the school district. 133 EXAMINATIONS. 99. Examination of teaciiers — deputy — compensation. Ou the third Thursday in August, December and March in each year he shall meet all persons, of not less than eighteen years of age, desirous of passing an examination as teachers, in some suitable room at the county seat, notice of which shall be given in some newspaper in the county, or in case there is no paper published in the county he shall give such notice as may by him be deemed necessary, at which time he shall examine all SLich aplicants in orthography, reading, writing, arithmetic, English, grammar, geography, history, and constitution of the United States and the constitution of Colorado, civil govern- ment, physiology, natural sciences, theory and practice of teach- ing, and the school law of the state. If the applicant is to teach in a school of high grade, the examination shall extend to such additional branches of study as are to be pursued in such school. If satisfied of the competency to teach and of the good moral character of the applicant, he shall give such applicant a cer- tificate, as provided in the following section, but he shall not issue a certificate except one of like grade unless the applicant be examined at the regular state examinations. He may, how- ever, in case of emergency, recognize county teachers' certifi- cates issued in this or other states by endorsing thereon the word "Good" until the next regular county examination; Pro- vided, That the certificates so endorsed shall be in full force ai the date of such endorsement, and shall not be renewed, ex- tended, nor show a previous endorsement thereon. If the at- tendance upon the examination at the county seat shall work a great hardship to five or more teachers in the county, the county superintendent may provide for such teacher or teachers to take the examination at some convenient place, and the county su- perintendent may appoint some suitable person to conduct such examination, who shall without delay report to the county su- perintendent the written answers of each applicant. Such per- son shall be entitled to five dollars (|5.00) per day for conduct- ing such examination, and such services shall be certified by the county superintendent to the county commissioners. [3 Mills (Rev.), 3979.] Teachers' high school examinations. 1. The law provides that principals and teachers in second and third class districts who are teaching in a regularly organized high school shall be required to take the teachers' high school examination 134 EXAMINATIONS. §99 in such branches as they are to teach. The board of directors has no right to pay out of the funds of the district any sum to teachers not holding a certificate for additional high school branches. 2. The applicant who was examined in five high school subjects should receive a high school certificate, using the same basis of grading that is used in issuing county teachers' certificates. 3. The fee for the examination is one dollar, no matter how many subjects are taken. 4. The grade of a county certificate would in no way affect the grade of a teacher's high school certificate. Time of examination. 5. The laws of Colorado do not give the state superintendent the right to authorize the county superintendent to hold a special examina- tion. 6. Examinations for teachers' certificates can not be taken at any time except at those times prescribed by law for public examinations. Age of applicant. 7. The law provides that an applicant for a teacher's certificate must not be less than eighteen years of age. It would be illegal to grant a certificate if the applicant did not meet that requirement. It would also be illegal for a school board to employ a teacher under such circum- stances. 8. When an applicant of lawful age presents himself for the county examination the county superintendent has no course other than to re- ceive and grade the papers and report the same to the superintendent of public instruction. 9. A county superintendent can not legally withhold a certificate at the request of a person who, as a lawful applicant, appears at the examination. 10. While the law does not state that married women living with their husbands in Colorado shall be allowed to teach, there is no law pro- hibiting any person eighteen years of age, who can obtain a certificate, from teaching, save when a member of the school board. Rules governing examination. 11. The questions issued for the county teachers' examinations are divided into sections, one of which, by direction of the state superin- tendent, shall be presented at the beginning of each of four different ses- sions. The state superintendent is authorized to prescribe rules for the examination. In order that all applicants may have an equal opportunity, and to avoid the possibility of any being informed in advance of the nature of the examination, the county superintendent is instructed to break the seal of each section at the opening of the session for which it is prescribed, and in the presence of all applicants. Therefore, those presenting them- selves for examination will write each portion at its designated time, be- ginning on Thursday and continuing through Friday. 12. The rules governing county examinations of teachers definitely states that an average of 70 per cent., no branch below 60 per cent., must be made in order to obtain a third grade certificate. Therefore, according to the established rules, a certificate issued without the required standing would be valueless. Only one set of papers can he submitted. 13. A county superintendent has no right whatever to give a per- sonal or oral examination to an applicant, even though such applicant has been requested to take a school and has no certificate. 135 §99 EXAMINATIONS. 14. The county teachers' examination can not be taken in parts. If an applicant is successful in some of the subjects and unsuccessful in others, the entire examination must be taken at some fiiture time. 15. The law does not permit an applicant at a teachers' examina- tion to take a part of the subjects required at the examination, with a view to raising the marks obtained at a previous examination. The whole examination must be taken or it is invalid. 16. The laws of Colorado do not permit teachers' examinations for certificates in this state to be conducted anywhere but in the various coun- ties of the state. 17. The state superintendent has no right to provide for any ex- amination other than those specified by the law. 18. An applicant for a teacher's certificate must accept the result of the examination, even though the certificate received be of a lower grade than the unexpired certificate held at the time of taking the ex- amination. 19. There is no rule prohibiting carbon copies being taken by the applicant in the county examination of teachers if the county superin- tendent does not object. Only one set of papers can be submitted for grading, and the carbon copies are only for the applicant's future refer- ence. Permits not granted. 20. There is no law authorizing the giving of a temporary permit or certificate, and it will be illegal to employ any person to teach in the public schools of the state unless such person shall have a certificate. 21. The laws of Colorado do not make it possible for a permit to teach to be granted to any teacher expecting to enter the public school work of this state. 22. There is absolutely no authority in law for a temporary permit or certificate of any nature whatever. 23. Certificates issued in other states may, in case of emergency, be recognized by endorsing thereon the word "Good" until the next regu- lar county examination. Endorsements. 24. Since the certificate issued is only a second grade, nothing can be done except to endorse it "Good" until the next regular county exami- nation. It would be illegal to consider it of greater value than its classi- fication indicates, no matter what the averages may be. 25. A county superintendent may endorse a second-grade certificate issued in another county, by writing thereon the word "Good" until the next regular county examination. 26. According to law, in case of emergency you can recognize the county teacher's certificate by endorsing thereon the word, "Good" until the next regular county examination. 27. It is not legal for a school board to retain a teacher whose cer- tificate has expired if the term of school for which such teacher is em- ployed extends more than one month after such expiration. The law defi- nitely states that a new certificate shall be secured. The endorsement of the certificate should read "Good" until the next regular county examina- tion. 28. The county superintendent "May, however, in case of emergency, recognize county teachers' certificates issued in this, or other states, by endorsing thereon the word 'Good' until the next regular county examina- tion; Provided, That the certificate so endorsed shall be in full force 136 EXAMINATIONS. §99 at. the date of such endorsement, and shall not be renewed, extended, nor show a previous endorsement thereon." Under this act, an emergency may be said to exist whenever there is a vacancy in any school in the county, and there can not be found in the county a teacher who holds a certificate, and who is qualified to teach that particular school, and whose services can be secured. It is not said that there may not arise other conditions which, in the opinion of the county superintendent, might constitute an emergency, but the above is given as a general rule. 29. State Normal School diplomas and certificates from other states, or certificates from other counties in this state, may be recog- nized by the county superintendent only in case of an emergency. Under this act an emergency may be said to exist whenever there is a vacancy in any school of the county, and there can not be found in the county a teacher who holds a certificate and who is qualified to teach that particu- lar school, and whose services can be secured. Such recognition consists of an endorsement by the county superin- tendent, making the certificate good only until the next examination. 30. A district board has not, in law or equity, a right to delib- erately create a condition for the purpose of taking advantage of the emergency clause in that section of the statute which provides for grant- ing and endorsing teachers' certificates. 31. Circumstances created for a certain purpose do not constitute an emergency, and should not be construed as such within the meaning of this section. 32. There is absolutely nothing that can be done in the case of an expired certificate. Only certificates that are in full force may be en- dorsed in case of emergency. 33. The law provides that a certificate once endorsed shall not be renewed nor extended, therefore the teacher will be obliged to give up her school, or if allowed to continue teaching without a certificate she takes chances of getting her salary at the option of the board or the people. 34. The laws of Colorado do not give county superintendents the slightest authoritj' to recognize district certificates in any way. Such certificates are valueless so far as entitling their holders to a right to teach in other schools of the county. Neither can examinations for teachers' certificates be taken at any time except as prescribed by law for public examination. 35. Since the law provides that the certificate issued by the boards of districts of the first class must be of the same grades and under the same conditions as those specified in sections 99 and 24 of the school law, it follows that equal requirements must be made in districts of the first class as in other districts, and the board would not have the right to exempt the candidates from examination in one or more of the siibjects specified in section 99 of the school law. 36. The endorsing of a teacher's certificate issued in another county is optional with the county superintendent. 37. The endorsement of a first grade certificate until the next exami- nation will not invalidate it in the county where issued. 39. The endorsement or renewal of certificates and the issuing of like grade certificates are in all cases optional with the county superin- tendent. 40. A certificate of like grade from one county can not be endorsed by a county superintendent of another county, but if the first certificate upon which the like grade was issued is still in force another like grade certificate upon it can be issued in another county. 137 §99 EXAMINATIONS. 41. It is impossible for a county superintendent who has endorsed a certificate to issue a renewal of the same. Any renewal of a certificate must be made in the county where the certificate was first issued. 42. The time for which an endorsed certificate is good is simply that specified by the endorsement. Section 193 applies to such cases ex- cepting that the teacher does not have the right to take advantage of the one month provision. 43. The state superintendent has no right to endorse certificates; that is a matter which rests with the county superintendent. 44. It is a violation of the law to endorse county teachers' certifi- cates issued in this, or any other state, if the certificate be not in full force at the date of each endorsement. Should the board employ a teacher without a license to teach, all claim to compensation on the school fund for the term will be forfeited. 45. It is not legal for a school board to retain a teacher whose certificate has expired if the term of school for which such teacher is employed extends more than one month after such expiration. The law definitely states that a new certificate shall be secured. The endorse- ment of the certificate shall read "Good" until the next regular county examination. Superintendent may appoint deputy. 46. Since the bar examinations are conducted in connection with the regular county examination of the teachers, the law governing county examinations would also apply to that of the bar examination, and if the attendance upon the examinations at the county seat works a great hardship to five or more teachers in the county, the law permits the county superintendent to provide for such teacher or teachers to take the examination at some convenient place, and the county superintendent may appoint some suitable person to conduct such examination. 47. Certificates mR,y be granted only upon examination held at the time and place specified by law. If the superintendent wishes to hold an examination at another place than the county seat he must appoint a deputy who will hold the examination on the prescribed day. 48. The state superintendent has no authority whatever to au- thorize county superintendents to appoint deputies outside of the state; nor has he any right to send questions to any individuals outside of this state so that the county teachers' examination could be taken else- where than in Colorado. 49. If a county superintendent desires to obtain a certificate to teach in the county in which he resides, he is advised to appoint a deputy to conduct the examination and pass upon the answers given to the ques- tions propounded; also, to issue a certificate in accordance with the result of the examination. Special certificate for high school. 50. The law makes the same requirements of the principal or teachers of a county high school as of any school of high grade. There- fore, a special certificate covering the high school branches must be obtained by the applicant who expects to teach in a county high school. Teacher not entitled to pay for time lost attending. 51. A teacher is, not entitled to receive pay for the time lost while attending a teachers' examination. State superintendent can not excuse from examination. 52. The state superintendent has no authority to excuse a person from taking an examination. 138 EXAMINATIONS. §99 Failure. 5o. When a teacher holds a first grade certificate, and also one of "like grade," the fact that she fails to pass an examination in either oounty would not affect the standing of the first grade already obtained by her. Eighth grade. 54. There is no specific law governing" the eighth grade county examinations. The matter is entirely under the management of the county superintendent. Ansivers filed. 55. The law requires that the written answers of all applicants be placed on file for three months, the same subject to the order of the state board of education. Appeal. 56. Neither the state superintendent of public instruction nor the state board of education have the power to compel a county superin- tendent to recognize examination papers prepared under the supervision of the county superintendent of another county. This is a mere matter of comity, and is not sanctioned by law. Therefore, whenever a teacher appeals from the refusal of a county superintendent to accept such papers and mark them and issue a certificate thereon, the board of education has no other course than to dismiss the appeal. 139 FINES. 100. Justice report — fines. Every justice of the peace or other magistrate by whom any fine or penalty has been imposed which under the statute should be paid into the general school fund, shall at the next regular quarterly meeting of the board of county commissioners submit an itemized report showing date of trial, title of case, nature of offense and amount of fine, giving amounts collected, amounts uncollected, and accorhpany said reports with receipts from the county treasurer for amounts so collected and paid over to him. [3 Mills (Rev.), 2775a.] 101. County treasurer render statement. The county treasurer, at the time of rendering to the county superintendent of schools his quarterly certificate of taxes col- lected (as provided in section sixtj-six (66) of chapter XCVII being general section three thousand and sixty-one (3061) of the general statutes of the state of Colorado) shall show sep- arately in said certified statement the amounts received from fines and by whom paid in. [3 Mills (Rev.), 2775b.] 102. Apply to tiiose now in office. This act shall be construed to apply to and effect those now in office during the remainder of their terms. [3 Mills (Rev.), 2775c.] 140 FLAGS. 103. Directors purchase flag — flagstaff — display. The school directors of the several school districts in this state may purchase or cause to be purchased a suitable Ameri- can flag of standard bunting, not less than eight b}' twelve (8x12) feet in size, and they may erect and maintain or cause to be erected and maintained upon each public school building or the grounds belonging thereto, a suitable flagstaff with the necessary appliances for displaying said flags, and may cause said flag to be displayed upon said staff upon all national and state holi- days, the first and last days of each school term, and such other occasions as such school directors shall prescribe. [3 Mills (Rev.), 4015a.] Directors to purchase and display U. S. flag. 1. The school law of Colorado authorizes school directors to pui'- chase and display the United States flag upon the school buildings. This act was approved March 26, 1891. The school directors may cause to be erected and maintained upon each public school building on the grounds, a suitable flag staff, and may cause the flag to be displayed upon aU national and state holidays, the first and last days of each school term, and such other occasions as the school directors shall prescribe. It is also lawful for the school directors to pay for the flag and staff from any special school fund. The law further says every school within this state may have placed and kept in a conspicuous position in each depart-, ment thereof, at least one American flag of standard bunting, not less than three by five feet in size. Pursuant to custom now established in several states of the union, the governor of this state proclaims June 14th as Flag Day, and all the 1/ublic schools of the state are requested to observe the day in exercises of a patriotic character. This praiseworthy movement has been gain- ing ground for the past few years for establishing the custom of appro- priately celebi-ating this important date. 104. Each department keep flag. Every school within this state may have ]>laced and kept in a conspicuous position in each department thereof at least one American flag of standard bunting, not less than three by five (3x5) feet in size. [3 Mills (Rev.), 4015b.] 105. Expense of purchasing and care of flag. It shall be lawful for the school directors of each school dis- trict in this state to pay for said flags and stafl's and to provide for the proper care and maintenance of the same, from any special school funds which they may have in their hands op 141 §§106-107-108-109-110 FLAGS. which may be subject to their order, or to include the expense thereof in the next annual estimate for school expenses, or ir any tax levy for school purposes; and the expense thereof for any public school shall be met by said directors or other officers charged with the duty of raising or appropriating any money for school purposes as any other necessary expenses or expenditures for school purposes are raised. [3 Mills (Rev.), 4015c.] 106. Applies to all institutions. This act shall be held to apply to all institutions directly or indirectly under the control of the state of Colorado or any of its officers, and it shall be the duty of such officer to see that this act is complied with. [3 Mills (Rev.), 4015d.] 107. Injury to flag. ' Any person who shall wilfully injure, deface, or destroy any flag, flagstaff, or other materials placed in any room or build- ing or upon any building or school grounds for the carrying out of this act, shall be deemed guilty of a misdemeanor and punished accordingly. [3 Mills (Rev.), 4015e.] 108. Superintendent of public instruction publish act. It shall be the duty of the superintendent of public instruc- tion to publish this act in connection with the school law of this state. [3 Mills (Rev.), 4015f.] 109. Display of flag other than United States — exception. It shall be unlawful to display any flag upon any state, county or municipal buildings in this state, except the flags of the United States; Provided, however. That whenever any for- eigner shall become the guest of the United States, or of the state of Colorado, or of any city of this state, or upon Ihe occasion of the visit of any foreign minister, envoy or embassa- dor in his official or representative capacity, the flag of the coun- try of which such person shall be a citizen may be displayed upon such public buildings; and it shall be unlawful to display the flag of any anarchistic society upon any public or private build- ing or in any street procession or parade within the state of Colorado. [3 Mills (Rev.), 1968a.] 110. Violation. Any violation of this act is hereby declared a misdemeanor and shall be punished by a fine of not less than fifty nor more than five hundred dollars. [3 Mills (Rev.), 1968b.] 142 FUNDS. GENERAL SCHOOL FUNDS. 111. General school fund for building purposes — proviso. It shall be illegal for any school board to appropriate or cause to be used any money belonging to the general school fund, for the purpose of building, furnishing or erecting additions to any school house, or for the purchase or improvement of any school house, site or lot; Provided^ That if any portion of the aforesaid school fund remains to the credit of any district after the payment of all expenses necessary to the support of a public school for a period of ten months in any one year, in said district, it shall be lawful for the district board to use such balance for any of the purposes provided for in section 51 of this chapter. [M. A. S., 4036.] NOTE— Section 51 referred to in this section is section SI. NOTE— Public contracts, section 149. Legal vse of general fund. 1. The general fund may be used only for teachers' wages, and necessary current expeiises, until the school has been conducted for a period of ten months in one year. 2. The general fund may be used for building, furnishing or erect- ing additions to school houses, or for improving the school house, sites or lots, only after the expense of maintaining the school for a period of ten months in one year shall actually have been paid. 3. It is legal to draw on the general fund to pay the janitor who is employed in a school. Illegal use of school funds. 4. A school board can not legally loan the money of the district. 5. The school funds can not be legally used for defraying the ex- penses of a singing school. 6. Insurance premiums and attorney's fees are not expenses "in- cidental to the support of a public school," and therefore must not be paid from the general fund. 7. A director of a school board has no right whatever to draw money from the funds of a school district to pay for his child's board while attending school in another district. Any members so misappropri- ating the funds of the district can be compelled by process of law to re- fund the money. 8. The school board has no right to use the school funds in the employment of attorneys or other expenses to antagonize the action of a board of health. 9. A school board can not legally contract for the work of instruct- ing high school pupils to be done by a private' party or corporation audi pay for it out of public school funds. 143 §112 . FUNDS. 10. There is no provision of the school law allowing a pro rata share of the school fund to be used for the private teaching of one of the pupils within a district. For what purposes special funds may he used. 11. School directors of a district of the third class may purchase an organ for the use of the school and pay for it out of the special fund. The general fund can not be used for that purpose. 12. Bonds can not be voted for sinking an artesian well; but if the district has sufficient money in its special fund, it may use that money for such a purpose on a vote of the electors. 13. If the artesian well is to be used for the school and is to be lo- cated on school land the district has the right to vote bonds for sinking It. Two schools of five months do not meet requirements. 14. Two schools in one district, holding a five months' session each, do not conform to the requirements of the law as prescribed in section 111. Money not turned into general fund. 15. All moneys remaining to the credit of any district on June 30 should remain to the credit of such district and can not be turned into the general school fund of the county for reapportionment. • NORMAL INSTITUTE FUND. 112. Applicant for teacher's certificate pay fee. Each applicant for a teacher's certificate at any regular county examination, and each successful applicant for a renewal or endorsement of a certificate, or for the issue of a like grade certificate, shall pay for the privilege of such examination, re- newal, endorsement or issue of like grade certificate, a fee of one dollar, which shall be collected by the county superintend- ent of schools and forwarded, with his report of each examina- tion, to the superintendent of public instruction. [3 Mills (Rev.), 4134h.] Fee, when not required. 1. There is no law authorizing a county superintendent to charge a fee of $1.00, or any other sum, for registering a certificate issued by the State Normal School. 2. Teachers' certificates issued by board of directors of first class districts are reported to the county superintendent, but they are not re- aevt^ed or endorsed. Therefore, I take it that no fee would be charged for the registration of said certificates. Fee, to whom paid. 3. The fee paid to a county superintendent by an applicant whose papers are to be forwarded to another coimty may be sent direct to the state superintendent and not forwarded to the other county superintend- ent. The county superintendent of any county should send the money to the state superintendent for all applicants taking the examination under his supervision. 4. When an examination is taken the fee should be paid to the county superintendent where the examination is held before the appli- cant is permitted to present any papers. 144 FUNDS. §§113-114-115 Fee for duplicate certificate. 5. A fee should be charged for issuing a duplicate certificate the same as in original issuing of certificates. 113. Fees turned into state treasury constitute normal institute fund. All fees thus collected and remitted to the superintendent of public instruction shall be turned over to the state treasurer and shall constitute a state normal institute fund. [3 Mills (Rev.), 41341.] 114 Apportionment of normal institute fund. At the time of apportioning the state school fund in July of each year the superintendent of public instruction shall appor- tion a state normal institute fund equally among the normal in- stitute districts of the state, and the sum accredited to each nor- mal institute district shall be transmitted to the custodian of the normal institute fund thereof in the same manner as each county's apportionment of the state school fund is now transmitted to the county treasurer; and each district's apportionment of the state normal institute fund shall be applied and expended in the same manner and for the same purposes as the fund of each nor- mal institute district has heretofore been applied and expended. [3 Mills (Rev.), 4134 j.] PENAL FUND. 115. What fines paid to school fund — accounts — collector failing to pay — penalty — duty of superintendent. All fines, penalties and forfeitures provided by this act may be recovered by action of debt, in the name of the people of the state of Colorado, for the use of the proper school district or county, and shall, when they accrue, belong to the respective districts or counties in which the same may have been incurred ; and the county treasurers, for their counties, are hereby author- ized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money derived from fines imposed for violation of orders of in- junction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the county wherein the contempt of such violation was committed ; and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid over in cash by the person collecting the same, within twenty (20) days after the collection, to the county treasurer of the county in which the same have accrued, and shall be by him credited to the general »-ounty school fund. He shall indicate in such entry the source from which such money was derived. Any ofl3cer or person 145 §116 FUNDS. collecting or receiving any such fines, forfeitures or other moneys, and refusing and [or] failing to pay over the same, as re- quired by law, shall forfeit double the amount so withheld and interest thereon at the rate of five (5) per cent, per month during the time of so withholding the same; and it shall be a special duty of the county superintendent of schools to supervise and see that the provisions of this section are fully complied with, and report thereupon to the county commissioners semi-annually or oftener, if required by them. [M. A. S., 4034.] NOTE — The "Act" above referred to means original "School Act." NOTE'— County treasurer make report of fund, section 101. NOTE— Justice report fines, section 100. Duties of county treasurer in regard to funds. 1. The county treasurer is responsible if moneys are turned into the wrong fund by him. It is his duty to place moneys collected from fines, forfeitures, etc., to the fund designated by law. 2. As a rule, the moneys for schools from these sources (derived from fines, penalties, etc.) should be turned by the county treasurer into the general school fund of the county rather than into that of a par- ticular district; although fines assessed by justices of the peace may, in some cases, go to the credit of the school district in which the action occurred. Generally speaking, the proceeds of all fines or forfeitures should be placed by the county treasurer to the credit of the general school fund of che county, unless otherwise expressly provided by statutes. 3. County treasurers should place the money arising from fines col- lected, and belonging to the school fund, in the general fund. Duties of county superintendent in regard to fund. 4. More than any other person, the county superintendent is the one to look after that portion of the school fund arising from fines, for- feitures, etc. He should examine the books of the county treasurers, rec- ords and fee books of justices of the peace and clerks of courts, to ascer- tain whether or not the fines have been collected, and if collected, whether they have been placed to the credit of the proper fund and paid over. Disposition of fines. 5. This section provides that the clear proceeds of all fines col- lected within the several counties of the state for breach of the penal laws shall be paid over in cash by the person collecting the same within twenty (20) days after its collection to the county treasurer, to be by him credited to "the general county school fund. 6. Unless otherwise specifically provided for by law, the fines col- lected for breach of the game and fish laws should be placed to the credit of the general county school fund. 7. All fines, penalties and forfeitures belong to the school fund, unless the act fixing the same, otherwise provides. FUNDS NOT LOANED OR INVESTED. 116. Officer not convert or use funds. If any officer appointed or elected by virtue of the constitu- tion of this state, or any law thereof, as an officer, agent or serv- ant of an incorporated city, town, municipal township, school 146 FUNDS. §§117-118-119 district, or county, or other subdivision of tliis state, shall con- vert to his own use in any way whatever, or shall use, by way of investment in any kind of property or merchandise, or shall make way with or secrete any portion of the public funds or moneys, or any valuable securities by him received for safe- keeping, disbursement, transfer, or for any other purpose, or which may be in his possession, or over which he may have the supervision, care or control, by virtue of his office, agency or service, or under color or pretense thereof, every such officer, agent or servant shall, upon conviction, be punished by imprison- ment not less than five (5) years. [M. A. S., 1248.] 117. Officer not loan funds. No such officer, agent or servant shall loan out, with or with- out interest, any money or valuable security received by him, or which may be in his possession or keeping, or care or control, by virtue of his office, agency or service, or under color or pre- tense thereof, and any such officer, agent or servant, so loaning such money or valuable security, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than one vear, or bv a fine not less than five hundred (|500) dollars. [M. A. P%, 124'9.] 118. No benefit from deposit of funds. If any such officer, agent or servant shall make any con- tract or agreement with any person or persons, bodies or body corporate, or other association, by which such officer, agent or servant is to derive any benefit or advantage, directly or indi- rectly, from the deposit with such person or persons, body or bodies corporate, or other association, of any moneys or valuable securities held by such officers, agents or servants, by virtue of his office, agency or employment, such contract shall, as to such officer, agent or servant, be utterly null and void ; but the person or persons, body or bodies corporate, or other association, shall be liable to the county, city, town, township or school district where funds are deposited, in an action for the recovery of all such benefits or advantage as would, by the terms of such con- tracts or agreement, have accrued to such officer, agent or serv- ant; and payment to the officer, agent or servant shall not protect the person or persons, body or bodies crorporate, or other asso- ciation, against an action of recovery brought by the county, city, town, township or school district whose funds are so deposited. [M. A. S., 1250.] 119. Penalty Any such officer, agent or servant who shall make any such contract or agreement as described in the last section of this act, 147 §119 FUNDS. or who shall receive any benefit or advantage, directly or indi- rectly, from the deposit of anj'^ money or valuable security held by him as such officer, agent or servant, or over which he has control, care or supervision, by virtue of his office, agency or service, shall, upon conviction thereof, be punished by imprison- ment in the penitentiary not less than one vear or by fine not less than five hundred (500) dollars. [M. A.'s., 1251.] 148 HIGH SCHOOLS. COUNTY HIGH SCHOOLS. 120. Organization of county high schools in counties of fourth and fifth classes. ! At any general election subsequent to the passage of this act. the question of organizing any county of the fourth or fifth class as classified by law with reference to the salaries of dis- trict attorneys and county officers into one school district for high school purposes shall be submitted to the qualified electors of such county, provided a petition signed by fifty taxpayers resi- dent therein asking that the question be thus submitted, shall have previously been presented to the county commissioners not later than their regular October meeting. At which time the first petition presented shall be alone considered. Said petition shall state the maximum amount of tax to be levied for the sup- port of the high school which shall in no case exceed the limit fixed by this act. [3 Mills (Rev.), 4003 a.] NOTE — Union high school, section 129. Site. 1. In the absence of the county high school site l)eing selected by the electors at a point other than at the county seat it is the duty of the high school committee to locate it there, the exact point at the county seat upon which the building is to be erected rests in the discretion of the board. Vote vpon petition to organize. 2. The question of organizing a county high school may be voted upon at a general election; Provided. A petition signed by fifty taxpayers of the county asks that the question be thus submitted, and has been pre- viously presented to the county commissioners not later than their Octo- ber meeting. School district issue bonds. 3. Having considered the relation in which the above law stands to the school act, it appears evident that the general assembly intended to create a new and distinct school district, which should exercise all the powers of "school districts" and be classed as a school district, and in the exercise of those powers given to school districts in the state. It is, therefore, concluded that it has the right to issue bonds in accordance with the provisions of section 11 of the school act. Certificate necessary to teach in high school. 4. The law makes the same requirements of the principal or teach- ers of a county high school as of any school of high grade. Therefore, a special certificate covering the high school branches must be obtained by the applicant who expects to teach in a county high school. •149 §121 ' HIGH SCHOOLS. Vote by proxy to establish high school. 5. When a meeting of the school directors of all the districts of the county is called after the proposition to establish a county high school has been carried in a county, it is not necessary for the entire board of directors from each district to appear, providing the member or members of the board appearing present credentials showing that they have been given authority by the absent member or members of the board to cast the votes of the absentees. If no member of the board appears no vote could be cast for that district, or, if one or two members appear without the credentials from the absent member or members, the member or members present would only be entitled to cast his or their own votes. County high school annulled. 6. There is no way under the present law whereby a county high school once organized can be legally annulled, and no way that the elec- tors of any school district within the county can be exempt from taxa- tion for the support of any county high school. 121. High school committee — how selected — officers. Whenever a majority of the votes cast on the question of organizing any county of the fourth or fifth class into one school district for high school purposes shall be in favor of such organi- zation, the superintendent of schools of such county shall, by notification through the mail and by publication where practic- able, call a meeting of the boards of directors of all the districts cf said county, which meeting shall elect by ballot from among the members of said boards of directors a committee of four, which shall be known as the high school committee; Provided, That no two members of any board of directors shall, at the same time, be members of the high school committee, except in coun- ties where there are fewer than four districts. The county super- intendent of schools shall be ex officio, a member of the high school committee, and secretary thereof. The committee shall select from its members a president, and if need be, a treasurer. [3 Mills (Eev.), 4003 b.] NOTE— Committee on high school, section 130. County superintendent has vote — need not give bond. 1. The county superintendent has a vote as a member of a county high school committee. This also involves his voting whether there is or is not a tie. 2. A county superintendent need not give bond as secretary of the county high school committee, since his bond as county superintendent covers all obligations imposed upon him as an official. County superintendent has no vote selecting high school committee. 3. The law in regard to county high schools gives the county super- intendent no authority to vote with the directors of the county in selecting a high school committee, even in a case of a tie vote. But the selection of the member of such committee should be by a majority vote of all the legal votes present. 150* HIGH SCHOOLS. §§122-123-124 Principal has no authority over county schools. 4. The principal of a county high school has authority only over such high school rooms, and has no control over the country schools in the same district. 122. Term of office — vacancy, how filled. The term of office of a member of the high school committee shall expire simultaneously with the expiration of his term of office as director of the school district wherein he resides, and the vacancy thus created shall be filled by the boards of directors of the various districts of the county at a meeting held not later than thirty days subsequent to the occurrence of the vacancy. The secretary of the committee shall give each board of directors at least ten days' notice of the holding of such meeting. All vacancies caused in any other manner than by expiration of term of office shall be filled jjy appointment by the county superintend- ent of schools. [3 Mills (Kev.), 4003 c] Expiration of office. 1. The tenure of office as a member of the county high school board expires with the expiration of the term of office of the member of the board in the district where he has been elected to oflSce. The fact of his re-election in the district would not necessarily mean the continuance of his office as a member of the high school board. His continuing to hold the position would be entirely dependent upon the fact of his being again selected to the joint school board after his re-election as a member of the district board. 2. In case an appointment to fill a vacancy in a county high school committee is made, it holds only until the next election, and not until the appointee's term as director of the school district is concluded. 123. Meetings of committee. ,' The regular meetings of the high school committee shall be held on the first Saturday of March, June, September and Decem- l)er of each year, and special meetings may be held upon call of the president or secretary of said committee, or upon call of any two members thereof. [3 Mills (Rev.), 4003d.] Twenty days' notice of special meeting. 1. It will be necessary to give twenty days' notice of the special meeting called for the purpose of voting upon the question of supplying free text books for the county high school, and notices should be posted in the various school districts composing the county high school district as is required in the case of a special district meeting or election. 124. Powers — duties — limit of tax. With reference to any high school organized under the pro- visions of this act, or heretofore organized, as a union high school at any county seat, under section 3997, Mills Annotated Statutes. The high school committee shall exercise all the powers, and per- 151 §124 HIGH SCHOOLS. form all the duties, that are, at the time of adoption of this act, accorded to, and required of directors of first and second-class districts throughout the state; Provided^ That the amount of tax certified to the county commissioners for the maintenance of the high school shall in no case exceed two mills on the dollar of the assessed valuation of the county. [3 Mills (Rev.), 4003 e.] NOTE— Section 3997 above referred to is section 129 herein. Law indep'endent of union high school law. 1. The county high school law is entirely independent of the union high school law. The latter is in no way affected by the former. Powers of committee. 2. The county high school committee may declare more than one voting place in the district, fix the voting places and the limits of the voting precincts, and appoint three judges and the necessary clerks for each voting place. 3. Since the powers of directors of first and second class districts are given by law to the county high school committee, such committee has the authority to examine its high school teachers. 4. The county high school committee would not have the authority to hire the county superintendent to teach in such high school, such su- perintendent still holding office as county superintendent, which makes him a member of the county high school committee. 5. A county high school committee has not the authority to furnish free text books to the pupils attending the school unless a majority vote of the electors of the county has been cast in favor of such action. 6. The county high school district has the right to levy a one-tenth mill tax for library purposes, just as any other district has. 7. The county may be bonded for the expenses of building just as any school district may be bonded. 8. It is the duty of the high school committee to certify to the board of county commissioners the amount of tax to be levied for county high school purposes, and it then becomes the duty of the county com- missioners to levy the tax. If the high school committee fails to per- form its duty it may be required to do so by mandamus. School district has power to issue lionds. 9. Having considered the relation in which the above law stands to the school act, it appears evident that the general assembly intended to create a new and distinct school district, which should exercise all the powers of "school districts" and be classed as a school district, and in the exercise of those powers given to school districts in the state. It is, therefore, concluded that it has the right to issue bonds in accordance with the provisions of section 11 of the school act. Principal can not he county superintendent. 10. In the case of the principal of a county high school being elected county superintendent, he could not legally hold both positions. Union high school entitled to what funds. 11. A union high school, under section 129 and sections 124-126, is entitled to both its quota from the general school fund and to the county tax for the support of high schools. 152 HIGH SCHOOLS. §§125-125 Special certificate to teach in high schools. 12. The law makes the same requirements of the principal or teach- ers of a county high school as of any school of high grade. Therefore, a special certificate covering the high school branches must be obtained by the applicant who expects to teach in a county high school. Warrants not draicn till levy made. 13. Warrants can not be legally drawn and registered on the county high school fund before the levy has been made. 125. Admission — tuition fee. Admission to any high school organized and maintained under the provisions of this act, or heretofore organized as a union hight school at any county seat, under section 3997 Mills' Annotated Statutes, shall be upon terms prescribed by the high school committee; but no tuition fee shall be exacted from any resident of the countv wherein such high school exists. [3 Mills .Rev.), 4003 f.] NOTE— Section 3997 above referred to is section 129 herein Holo county high school supported. 1. Persons attending the county high school will not draw state and county funds from the quarterly and semi-annual apportionments as a separate amount for the benefit of the high school. Their names are to be included in the various districts where they reside, said districts draw- ing the per capita amount for their names. The high school is expected to be entirely supported by direct taxes. 126. High scliool tax — commissioners levy — collected. It is hereby made the dutv^ of the county commissioners of any county wherein a high school is organized under the pro- visions of this act, or heretofore organized as a union high school at any county seat, under section 3997 Mills' Annotated Stat- utes, to levy annually at the time of levying taxes for other pur- poses, a high school tax on all the taxable property of the county, said tax not to exceed two mills on the dollar of the assessed valuation. The high school tax shall be collected, and shall be paid out by the county treasurer on warrant drawn by the secre- tary of the high school committee, signed by the president and countersigned by one other member. [3 Mills (Rev.), 4003 g.] NOTE— Section 3997 above referred to is section 129 herein. Union high school entitled to tohat funds. 1. A union high school, under section 129 and sections 124-126, is entitled to both its quota from the general school fund and to the county tax for the support of high schools. Levy for Ultrary. 2. The county high school district has the right to levy a one-tenth mill tax for library purposes, just as any other district has. 153 §127 HIGH SCHOOLS. Not exempt from tax. 3. The maintenance of a district high school does not exempt from the tax of the county high school established at the county seat. They would still be liable to their portion of the tax levied for the support of the county high school. 127. Increase of tax levy. Whenever, subsequent to the organization of a high school under the provisions of this act, it shall seem desirable to in- crease the tax levy for high school purposes, beyond the maxi- mum fixed by the original petition, the question of such increase may be submitted to the qualified electors of the county in the manner provided by section one of this act for the submission of the original question. [3 Mills (Rev.), 4003 h.] Tax supporting county high school. 1. As no provision has been made by the county high school law to divert any portion of the general funds from the different school dis- tricts to the benefit of the high school, it must be assumed that the legis- lature intended the tax provided for in the act to meet the expenses of supporting the county high school. NOTE— The sixteenth general assembly passed the following act, but on account of grave doubts existing as to its constitutionality, and the further doubt as to whether it has repealed sections 120 and 121 of the annotated school laws, which it purports to amend, I have decided to Include the act as passed and to retain the original sections in this revision. An Act to Amend an act entitled "An act to provide for the es- tablishment and support of high schools in counties of the fourth and fifth classes." Approved April 8, 1899. Be it Enacted dy the General Assemdly of the State of Colorado: Section 1. That section one and two of an act entitled, "An act to provide for the establishment and support of High Schools in Counties of the fourth and fifth classes," approved April 8, 1899, be amended so as to read as follows : At any general election subsequent to the passage of this act, the question of organizing any county of the second, third, fourth, or fifth class as classified by law with reference to the salaries of district attorneys and county officers, into one school district for high school purposes shall be submitted to the qualified elec- tors of such county, provided a petition signed by fifty tax payers resident therein asking that the c[uestion be thus submitted, shall have previously been presented to the county commissioners not later than their regular October meeting. At which time the first petition presented shall be alone considered. Said petition shall state the maximum amount of tax to be levied for the sup- port of the high school which shall in no case exceed the limit fixed by this act. Provided that no school district in any county 154 HIGH SCHOOLS. §127 shall be taxed for the support of more than one class or kind of high school. Sec. 2. Whenever a majority of the voters cast on the ques- tion of organizing any county of the second, third, fourth, or fifth class into one school district for high school purposes shall be in favor of such organization, the superintendent of schools of such county shall be notified through the mail and by publication where practicable, call a meeting of the board of directors of all the districts of said county, which meeting shall elect by ballot from among the members of said boards of directors a committee of four which shall be known as the high school committee; pro- vided that no two members of any board of directors shall at the same time, be members of the high school committee, except in counties where there are fewer than four districts. The county superintendent of schools shall be ex-ofticio a member of the high school committee and secretary- thereof. The committee shall select from its members a president and, if need be, a treasurer. Sec. 3. On the petition of fifty legal voters of any county high school district organized for county high school purposes the school board of any such county, shall request the county clerk and recorder of the county, and said county clerk and re- corder shall thereupon give notice, by publication in a newspaper published in the county in which such district is situated, and the posting of said notice at each school house in the district, not less than thirty days before the special election hereinafter provided for to be held in the county or before any school elec- tion to be held throughout the county high school district that the question of contracting a bonded debt for the purpose of buying, erecting or furnishing school buildings or purchasing ground for a school building site, or for funding floating debts, will be submitted to such qualified voters of the district as have paid a school tax therein in the year next preceding the said meeting. Any person ofi'ering to vote may be challenged by any legally qualified elector of the district and any one of the judges of elec- tion shall thereupon administer to the person challenged, an oath as follows : ''You do SAvear (or affirm) that you are a citizen of the United States. That you have resided in the state of Colorado one year immediately preceding this election. That you are twenty-one years of age. That you have resided in this district thirty days, next preceding this election, and that you have paid a school tax within this school district during the past year, and that you have not voted at this election. So help you God, (or under the pains and penalties of perjury)." If he shall refuse to take such oath or affirmation, his vote shall be rejected. 155 §128 HIGH SCHOOLS. The school committee of any such county high school dis- trict shall first agree and certify with the said request to the county clerk and recorder the amount of indebtedness to be created, if any (but in no case shall the aggregate amount of bonded indebtedness of any county high school district for high school purposes exceed two per cent, of the assessed value of the property of such district). At such election a separate ballot box for this purpose shall be provided, and all those who wish to vote in favor of the bonds shall have written or printed on their separate ballots for this purpose the words, 'Tor the high school bonds," and all those who wish to vote against the bonds, shall have Avritten or printed on their separate ballots for this purpose the words, ''Against the high school bonds." Said bal- lot box shall be kept open for this purpose during the same time that the ballot box is open for said special school election. That said ballots shall be counted and canvassed and returned by these several boards of election to the county clerk and recorder and shall be canvassed and the result of said election announced and recorded by said county clerk and recorder and the county super- intendent of schools as soon as possible after the returns have been received, and ifit shall appear that a majority of all the votes cast are for the high school bonds, the school board of any such high school district as soon as practicable thereafter, shall issue coupon bonds of the district, which shall bear the signature of the president and secretary of the high school board, and the county treasurer, and shall be registered as provided by law for other bonds of school districts, and shall bear the seal of the district. The interest on said bonds shall not exceed six per cent, per annum, payable semi-annually and redeemable at the pleasure of the high school board after five years, and payable fifteen years from date. The principal and interest payable at the office of the treasurer of the county in which county high school district may be situated, or in the city of New York, at the option of the holders thereof, and cancelled coupons and bonds when paid, shall be at the disposal of the high school board. Sec. 4. All the provisions of the laAvs of the state of Colo- rado now existing, relating to the duties of district and county officers in the issue and payment of district bonds and relating to the assessment and collection of taxes for the payment of the interest and principal of school district bonds shall be held to apply equally, and in like manner to all matters pertaining to the issue and payment of bonds issued under the provisions of this act. [L. '07, pages 565-8.] 128. High school in district of first and second classes — organization — building — leasing — directing. The school board of districts of the first and second classes shall have the power to establish a separate high school when- 156 HIGH SCHOOLS. §129 ever they shall deem it expedient or necessary, and shall have power to determine the qualifications for admission to such school, and shall exercise all the powers with reference to such high school which are accorded to them in relation to the schools of lower o-rade; Provided, That no school board shall build or lease any building especially for such high school, unless author- ized to do so by a vote of the district, as provided in section i3ixty-two (62) of this act. [M. A. S., 4016.] NOTE— Section 62 above referred to is section 72 herein; union liigh schools, section 129; high schools in counties of fourth and fifth classes. See section 120. District high school defined. 1. Districts of any of the classes may establish a union high school. The construction of the above section Is, that the boards in first and second class districts may establish separate high schools. A union high school is the result of co-operation by two or more districts, while a sep- arate high school is established within and by one district. Hence, there is no conflict between these two sections. Branches in third, class district. 2. While the law does not permit the establishment of a high school in an ordinary third class district, it does not prohibit the introduction of •certain branches that are termed high school branches. Tuition — when required. 3. There is no law existing upon our statutes that allows pupils to attend a high school in a county regardless of the district where he lives without paying tuition, unless the county has been organized in a county high school district, or unless the district where the pupils reside forms part of a union high school district. 129. Union high school — how established. Whenever the school boards of two (2) or more contiguous school districts shall each deem it advisable to establish a union high school, the county superintendent shall, at the request of two (2) of the secretaries of the boards, call a meeting of the boards interested by giving personal notice to each member, which meeting shall elect by ballot from among the members of said boards, if a majority of the members of each board are present, a committee of three (3), to be known as the high school committee of such union school. The county superintendent shall be. ex officio, an additional member of said committee, and shall preside at the meetings thereof. There shall be elected a secretary of such committee, and if need be a treasurer. In any case in which the county seat of any county shall be all included in one school district the board of such school district shall have the same powers of establishing and organizing a high school as are hereby given to the boards of two or more contiguous school districts, and in such case the high school committee shall be the board of such school district, or such three members as they may select. High schools formed under the provisions of this section 157 §130 HIGH SCHOOLS. shall be open to children from all districts of the county in which they are so formed, provided, such children are qualified, as hereinafter provided. [M. A. S., 3997.] NOTE— Union high schools in counties of fourth and fifth classes, sec- tion 120. How estahlished. 1. Two or more school districts of any county may combine for the purpose of forming a high school, in accordance with the union high school law, still on the statutes. Such a high school is supported by its quota of the general state and county funds, any deficit to be made up from the several district funds in proportion to the number of pupils from each district who attend such high school during the preceding year. 2. Districts of any of the classes may establish a union high school. The construction of section 128 is, that the boards in first and second class districts may establish separate high schools. A union high school is the result of co-operation by two or more districts, while a separate high school is established within and by one district. Hence, there is no conflict between these two sections. 3. A district in one county may be attached to a union high school district existing in another county. 4. The directors of a third class district have no authority to estab- lish a high school, unless such district embraces within itself a county seat. Entitled to fund. 5. A union high school, under above section, and sections 5 and 7 of the act of the general assembly, approved April 8, 1899, is entitled to both its quota from the general school fund and to the county tax for the support of high schools. County MgJi school laio does not repeal 6. The law of 1900, authorizing the establishment of county high schools, by no means repeals the law providing for the establishment of a union high school by two or more contiguous districts. Not exempt from county high school tax. 7. Two or more contiguous districts in a county can organize a union high school if so desired. In so doing, however, they would not be exempt from the tax for county high school established at the county seat. They would still be liable to their portion of the tax levied for the sup- port of the county high school. Liability for indebtedness. 8. Any district can withdraw previous to the contracting of any liability; they can not withdraw after the indebtedness has been incurred, without remaining liable for its share of such indebtedness. 130. High school committee — term — vacancies. The members of said high school committee shall hold the office for and during the term they are members of their respec- tive boards. Any vacancies in said committee, other than such as are caused by the expiration of the term of office, shall be filled by the school board of which the person so vacating was a mem- 158 HIGH SCHOOLS. §§131-132-133 ber. The secretary shall be elected annually, and may receive such compensation as the commitee shall deem proper to allow. [M. A. S., 3998.] NOTE— Committee on high schools in counties of fourth and fifth classes, section 121. Additional oath not necessary. 1. A high school committee in a district of the first class, in which the county seat is all included therein, shall consist of only three mem- bers, and the county superintendent shall be, ex-offlcio, an additional member of said committee and shall preside at its meetings. 2. It is not necessary for the members of a high school committee to take an additional oath of office, the oath taken as members of the vari- ous school boards to which they were elected being entirely sufficient. 131. High school committees — meetings. The regular meetings of the high school committee shall be held on the first Saturday of March, June, September and De- cember of each year, and special metings may be held at any time upon the call of the county superintendent, or of two (2) members of the committee. [M. A. S., .3999.] 132. Powers of committee. Said committee shall exercise all the powers and perform all the duties, with reference to said high school, that are ac- corded to and required of school boards throughout the state, as provided in section fifty (50) of this act, and shall have power to establish and prescribe the qualifications and manner of ex- amination for admittance to the high school. [M. A. S-., 4000.] NOTE— Section 50 above referred to is section SI herein. Has right of hody corporate. 1. A union high school district may be bonded for the purpose of erecting a high school building. The uniting of contiguous districts into one district for a special purpose gives such district, when properly organ- ized, the same right to act as a body corporate as other districts possess. Powers of board not increased. 2. The circumstance that union high schools have been established does not increase the powers of boards of the third class districts in the matter of erecting high school buildings, but their powers of erecting such buildings must be derived from the electors, as in other cases. 133. How maintained — proportion of school fund — deficit. After the first establishment of such a high school, it shall be maintained until the then next regular apportionment of the county school fund, as follows : Each district which shall have 159 §134 HIGH SCHOOLS. any children attending such high school shall draw from its school fund, and cause to be placed to the credit of [the] high school fund, such part of the whole expenses as shall be proportioned to the number of pupils attendant at such high school from such district, provided, it is with the approval of the directors of said district. After the first year, or part of a year, so as above pro- vided for, the said high school shall, so far as practicable, be rated as a separate district. It shall be entitled to draw from the general, state and county funds its quota for attendance, as provided by section seventy-two of this act, and the deficit shall be made up from the several district funds in proportion to [the] number of pupils from each district who attended said high school during the then past year. [M. A, S., 4001.] NOTE— Section 72 referred to in this section is section 58. Ap2)ortionmenf of school fund. 1. A district can legally pay over to a high school as to tuition that part of its apportionment of the general fund accredited to said dis- trict on account of such of its pupils as may be attending said high school. 2. The amount of the general fund apportioned to a pupil attending a union (not county) high school should be credited to such high school and not to the district in which he resides. Maintenance of district high school, does not exempt county high school from tax. 3. The maintenance of a district high school does not exempt from the tax of the county high school established at the county seat. They would still be liable to their portion of the tax levied for the support of the county high school. Tuition not paid from district funds. 4. The laws do not provide for the payment of tuition in high school for pupils above the eighth grade from the public funds of the school district. 134. Forty weeks annually — who may be admitted. The high school may be maintained during forty (40) weeks in each year, and shall be free to all children in the county who are qualified for admission, according to the requirements pre- scribed by the committee, and all children in the county who are so qualified, and who can pass the examination prescribed by the committee shall be entitled as of right to attend said high school. [M. A. S., 4002'.] Pupils not drmc money for common and high school. 1. A pupil can not be listed as a union high school pupil and also as a pupil of the district in which he resides and draw general school money for both common and union high schools. When tuition is required. 2. There is no law existing upon our statutes that allows pupils to attend a high school in v county regardless of the district where he lives 160 HIGH SCHOOLS. §§135-136-137-138 without paying tuition, unless the county has been organized in a county high school district, or unless the district where the pupils reside forms part of a union high school district. 135. Every district contributing have voice in election. p]very district in the county which contributes to the sup- port and patronage of said high school shall, b}' its board of di- rectors, be entitled to a A-oice in the election of members of the committee. [M. A. S., 4003.] UNION HIGH SCHOOLS IN COUNTIES OF FOURTH AND FIFTH CLASSES. 136. Organization. In all counties of the fourth and fifth classes, all school dis- tricts lying adjacent to an incorporated town or citj' may be or- ganized into a union high school district. [8 Mills (Rev.), 40031.] How organized. 1. The school districts that may be organized into a new union high school district, with an incorporated town or city as a center, must all lie in one county; but when a union high school district already ex- ists, a school district in another county may be attached to it by vote of the electors. 2. Districts of any other classes may establish a union high school. The construction of section 12S is that the boards in first and second class districts may establish separate high schools. A union high school is a result of co-operation by two or more districts, while a separate high school is established within and Ijy one district. Hence, there is no con- flict between these two sections. 137. How supported — annual levy — building. The county commissioners of each of said counties are re- quired to levy a tax of not less than one or more than three mills upon all taxable property in such high school districts when the same shall have been organized, for the support of such school. Such levy shall be made annually after the organization of the said district shall have been made, at the same time that other taxes are levied. It shall be the duty of the school district in which such school or incorporated town is incorporated to provide, at its own expense, a suitable building for the use of such union high school. [3 Mills (Rev.), 4003j.] 138. Addition — outlying district. Any outlying school district not contiguous to such city or incorporated town may, by a majority vote of the duly qualified electors of such district, be added to any such union high school district within the county; and where it is more convenient for 6 161 §§139-140-141 HIGH SCHOOLS. the pupil of any school district to attend school in a union high school of another county, such district may be attached, by such vote, to the union high school district of an adjacent county. [3 Mills (Rev.), 40()3k.] 139. No conflict. The organization of these union high school districts shall not affect the organization nor the lew of the regularly organ- ized districts. [3 Mills (Rev.), 4003.] 140. School board — how constituted — election. The county superintendent shall, on or before the first day of May, 1903, appoint one member from each of the adjoining or outlying districts composing such union high school districts who shall, together with the members of the regularly organized district in which the building is located, constitute the school board of such union high school district. Each following year the members of the school board shall be elected at the regular annual meeting of the several districts. [3 Mills (Rev.), 4003m.] Committee. 1. The county superintendent is not a member of a union high school committee in a county of the fourth or fifth class, but the board is composed of one member from each of the outlying districts and the members of the regularly organized district in which the building is located. 2. The members of the union high school board should give bonds and take the oath of office the same as the members of any other board. 3. After the election of the union high school committee the mem- bers should meet, organize and elect officers the same as in the first class districts. 141. Qualifications to enter — course of study. The qualifications necessary to enter such union high school shall be a diploma from the county superintendent upon completion of the eighth grade work, or a certificate issued upon grades in lieu of the eighth grade work. The county superin- tendents of the several counties shall, at their first annual state meeting, appoint a committee of five, who shall formulate a course of study for such union high schools, such course to be uniform in all the grades. [3 Mills (Rev.), 4003n.] 162 HOLIDAYS AND SCHOOL YEAR. 142. School year — month — week — day — national holidays. The school year shall begin on the first day of July and end on the thirtieth day of June. A school month shall be four weeks, a school week fiA'e days, and a school day shall not ex- ceed six hours, excluding the time of intermission at noon. The term "national holiday," in this chapter, shall be construed to mean Thanksgiving day, Christmas day. New Year's day, Wash- ington's birthday. Decoration dav. Labor day and the fourth day of July. [M. A.* S., 4044.] NOTE— In addition to the above, .1 Mills (Rev.), 1625ql, designates election day in November as a legal holiday; 3 Mills (Rev.), 2127, designates Lincoln's Birthday as a holiday, and Flag Day, as designated by the governor, is also usually observed as a holiday. See, also, following section for Arbor Day. What constitutes a legal holiday. 1. A legal holiday falling uiion Bunclay, it is customary to observe Monday. 2. The twenty days of a school month include such holidays as may occur on school days within that month. 3. The time between Christmas and New Year's may be given to the teacher if the school board chooses to do so, but it does not legally belong to him. 4. A school board has the right to determine the time and duration of vacations. 5. Labor Day, being a legal holiday in Colorado, one is not re- quired to teach a day during the month of September to make up for the school day lost. 6. When school opens on the Tuesday following Labor Day, Labor Day is counted as a holiday, and is not required to be made up by teacher. 7. Lincoln's Birthday is considered a legal holiday. When a holi- day occurs on Sunday it is customary to observe the following Monday. The school board has the right to determine the time and duration of vacations and they do not legally belong to the teacher. Vacations are deducted or made up, if there is no contract to the contrary. 8. Established custom provides for the observance of Washington's and Lincoln's birthdays in the public schools by having a patriotic pro- gram the day previous to the holiday, and it is so understood and so observed. Teacher entitled to salary for legal holidays. 9. A teacher is not obliged to make up legal holidays which occur on school days during the term of school for which she is employed, and she receives her salary for such days just as if school had been held. 10. A teacher is entitled to have as holidays the days designated as such by the laws of Colorado, and is entitled to receive her pay for the same when occurring on school days during her term of school. 163 §143 HOLIDAYS AND SCHOOL YEAR. 11. A school board has no right to deduct from a teacher's salary for legal holidays occurring on school days during the school term. 12. Teachers of the public schools are to be paid for the term for which they are employed, without regard to the intervention of holidays. 13. If a teacher is engaged by the year at an annual salary, vaca- tions are not deducted. If he is employed by the month, and paid a fixed sum per month, vacations are deducted, if there is no contract to the contrary. A teacher could just as lawfully claim pay for the long sum- mer vacation as for the customary holiday vacation. 14. In the absence of an express provision in a teacher's contract excluding holidays, the teacher is entitled to pay for all holidays coming within the school week included in the period of employment. 15. If, with the consent of the directors, a teacher holds school on a legal holiday to make up for a day lost, the teacher is entitled to pay for the full month. 16. To be entitled to his salary for the day, the teacher should remain in the school room after the hour of opening, both forenoon and afternoon, a sufficient time to determine that no pupils will be in at- tendance. 17. A teacher is entitled to pay for New Year's Day, which comes on Monday of the first school week after vacation unless otherwise spe- cially provided in the contract of employment. If the entire week had been made a vacation, then the teacher would be entitled to no compen- sation for such holiday. Year. 18. The term "year," used in the act entitled, "An act to secure to children the benefit of ah elementary education," is defined to mean the school year. And the term, "A court of competent Jurisdiction," used in the same act, is defined to mean a justice, a county or a district court. 19. The fiscal year, with reference to which all taxes are levied, and all revenue matters are provided for, begins with December 1st and ends November 30th, while the school year as relating to the making of re- ports, election of officers and term in which the necessary months of school must be held, is between July 1st and June 30th. Time to hold organization. 20. The three months' school required by law to hold the organiza- tion of a district and secure an apportionment should be held between July 1st and June 30th. 21. The law requires that school shall be taught five days in the week. There is no provision which would make it illegal to hold school on Saturday. Hour's intermission. 22. The teacher has a right to her hour's intermission at noon, providing she teaches the requisite six hours through the day. She is required to teach school from 9 a. m. to 4 p. m., unless the board gives her permission to finish at an earlier hour. ARBOR DAY. 143. Arbor day — third Friday in April — how to be observed. The third Friday in April of each year shall be set apart and known as "Arbor Day," to be observed by the people of this state in the planting of forest trees for the benefit and 164 HOLIDAYS AND SCHOOL YEAR. §§144-145-145a adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; Provided, That the actual planting of trees may be done on the day desig- nated, or at such other most convenient time as may best con- form to local climatic conditions, such other time to be desig nated and due notice thereof given by the several county super- intendents of schools for their respective counties. [M. A. S., 2129.1 144. Holiday in sciiools — how observed. The day, as above designated, shall be a holiday in all pub lie schools of the state, and school officers and teachers are re- quired to have the schools under their respective charge observe the day bv planting of trees or other appropriate exercises. [M. A. S.,"^2130.] Legal holiday. 1. Arbor Day is a legal holiday and expressly stated as such by the laws of this state. However, it is not a holiday in the sense that the schools may be closed upon that day, since certain observances are re- quired on the part of the schools. 2. It is not lawful to dismiss school on Arbor Daj', since, while it is a holiday, the law plainly declares that the day shall be properly kept by appropriate exercises, tree planting, etc. 145. Governor issue proclamation — superintendent of public instruction — county superintendents — report. Annually, at the proper season, the governor shall issue a proclamation, calling the attention of the people to the provi- sions of this act and recommending- and enjoining its due observ ance. The superintendent of public instruction and the respect- ive county superintendents of schools, shall also promote, by all proper means, the observance of the day, and the said county superintendents of schools shall make annual reports to the state forest commissioner of the action taken in this behalf in their respective counties. [M. A. S., 2131.] COLORADO DAY. 145a. Colorado day — first day in August — commemoration of admission of State — public holiday. That the first day of August of the year 1907, and the first day of August of each and every year hereafter is hereby made a public holiday to be known as "Colorado Day," and such day is hereby set apart for a proper celebration by our people in commemoration of the admission of the State of Colorado into the Union. . [L. '07, p. 421.] 165 §§145b-145c HOLIDAYS AND SCHOOL YEAR. 145b. When first day falls on Sunday — Monday following to be cele- brated. That whenever the first day of August falls upou Bundav the following Monday is hereby designated as the day for celebrating such event. Provided, That this act shall not be construed to affect the making or execution of agreements or instruments in writing, or to interfere with judicial proceedings. [L. '07, p. 421.] COLUMBUS DAY. 145c. Columbus day — twelfth day of October — legal holiday. The 12th day of October of the present year of our Lord, 1907, and the 12th day of October of each year thereafter is hereby declared a public holiday, to be known as ''Columbus Day," and the same shall be recognized, classed and treated as other legal holidays under the laws of this state ; Provided, That this act shall not be construed to affect commercial paper, the jnaking or execution of agreements or instruments in writing, or interfere with judicial proceedings. [L. '07, p. 422.] 166 INTEREST. 146. Rate of interest on orders and warrants County orders and warrants, town and city and school or- ders and warrants and other like evidences or certificates of municipal indebtedness shall bear interest at the rate of six per centum per annum from the date of presentation thereof for payment at the treasury where the same may be payable, until there is money in the treasury for the payment thereof, except when otherwise specially provided by law, and every county treasurer, town treasurer and city treasurer to whom au}^ such county, town, city or school order or warrant is presented for payment, and who shall not have on hand the funds to pay the same, shall endorse thereon the rate of interest said order or warrant will draw, and the date of such presentation, and sub- scribe such endorsement with his official signature; Provided, That all such orders and warrants may be made to bear a lower rate of interest than above specified, by special agreement be- tween such counties, towns and cities issuing the same, and the person to whom such orders or warrants are issued. [8 Mills er capita for such additional names. 2. Deaf mutes and blind persons between the ages of six and twenty- one should be included in the school census. 3. The names of all persons of school age must be included in the census. The law makes no exception in regard to married persons. 4. In determining the residence for the purpose of taking school census, it matters not where the unmarried person of school age may be whose parent or guardian lives in the state, the residence of such person is fixed by the tona fide residence of the parent or guardian, and this must be determined by the census enumerator. 5. If renters renting by the year and having no other home send children to school, the district in which they are residing in a rented house should enroll the children. If renters rent by the month, leaving when school is out, and hav- ing a fixed home elsewhere, the children should be enrolled in the dis- trict v/here the fixed home is located. If renting by the month and having no home elsewhere, although leaving when school is out, the children should be enrolled in the dis- trict where they rent. If the mother votes in a certain district, living there with the chil- dren, that would be her residence and the children should be enrolled in such district. 6. A non-1 esident of a school district is one whose permanent dwell- ing place is not within the boundaries of that district. 7. The residence of a minor is the residence of his parents or guardian. 8. In the case of families living in one school district, but sending children to school in another district, the children must be listed in the district in which the parents reside, and not in the district in which they attend school. 9. The residence of the parents or guardians determines the school district in which the children's names should be listed. In case the mother has one legal residence and the father another, the residence of the mother determines the residence of the children. 10. In the case of a family residing in good faith upon a home- stead on the 10th day of April, for the purpose of proving up on the same, the children of school age should be listed in the district in which 179 §156 SCHOOL CENSUS. the homestead is located, although the family may reside during the school months for the purpose of attending school in another school dis- trict. However, if the parents vote in the latter district, they are not residing upon the homestead in good faith, and in such case the children should be listed in the district where the parents vote. Who excluded from. 11. A person of school age can not be enrolled in the school census of a district m which he does not reside, though his father is employed and boards in said district, and claims his residence therein, when it appears that such person of school age has never actually been in said district and when he actually lives in a foreign country or state or when he is properly enrolled in any other school district in this state. 12. It would not be legal to enroll the persons of school age be- longing to the State Industrial Scliool in Jefferson county upon the cen- sus lists of the school districts where the schools are located, providing such persons have a residence elsewhere. The names of such persons would appear upon the census lists and would draw from the general school fund for the benefit of the districts in which is their true resi- dence, and the state makes its own special provision for the education of such persons in the industrial schools. 180 STATE BOARD OF EDUCATION. 157. Who constitute state board. The superintendent of public instruction, the secretary of state and attorney general, shall constitute a state board of edu- cation, of which the superintendent of public instruction shall be president. [M. A. S., 3965.] NOTE — See constitution, article IX, section 1. 158. When board meets — by-laws. The state board of education shall meet at the state capitol on the last Saturday in December in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not inconsistent with law, for its own government, and for the government of the public schools. [M. A. S., 3966.] 159. Grant diplomas — effect. The state board of education is hereby authorized to grant state diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an exceptional moral character and whose eminent professional ability has been established by not less than two years' successful teaching in the public schools of this state. Such diplomas shall supersede the necessity of any and all other examinations of persons holding the same. by county, city, town, or district in the state, for the grade of work indicated, unless revoked bv the state board of education. [3 Mills (Rev.), 3967.] Grades how applied. 1. Tbe grades received on a teacher's high school certificate would not be credited on a state diploma. The applicant for a state diploma must hold at the commencement of the examination, an unexpired first grade certificate. The fact that it had been renewed would not invalidate it. 2. Grades received at a county examination could not be trans- ferred to a state certificate. Experience required before takinp state examination. 3. The two years' teaching experience in Colorado, required before an applicant may take the examination for a state certificate, has been interpreted to mean two full years' work in a graded school where the term is not less than nine month. 181 §§160-161 STATE BOARD OF EDUCATION. 160. State diplomas. State diplomas, which may be of different classes, not to ex- ceed three in number, shall be granted upon public examination of which due notice shall be given, in such branches and upon such terms and by such state board of examiners as the super- intendent of public instruction, the president of the state uni- versity, the president of the state agricultural college, the pres- ident of the state school of mines and the president of the state normal school may appoint; Provided, That the state superin- tendent of public instruction shall be a member of said board and the presiding officer thereof. The state board of education may also, upon the recommendation of the state board of exam- iners, grant state diplomas without examination, to persons who, in addition to good moral character and scholarly attain- ments, have rendered eminent services in the educational work of the state for a period of not less than six years. Such diplo- mas may be of different classes, not to exceed three in number, as may be prescribed by the state board of examiners. [3 Mills (Rev.), 3968.] Certificates from other states. 1. State certificates issued by other states are not recognized by the law of Colorado. Persons who wish to teach in this state must hold certificates issued upon examination by the proper district, county or state authority. 161. Revoking diplomas. The state board of education may at any time revoke a state diploma, upon satisfactory evidence that the holder there- of has become unworthy of the same; Provided, That, before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the state board, and refute any charges brought against him. [M. A. S., 3969.] 182 STATE BOARD OF LAND COMMISSIONERS. 162. State land board — composed of whom. The governor, superintendent of public instruction, secre- tary of state and attorne}- general being constituted a state board of land commissioners by the constitution of this state, said board shall have direction and control of all lands belong- ing to The state, to manage the same as the best interests of the state shall require, not inconsistent with the provisions of this act and the constitution of the state. A majority of the board shall constitute a quorum, for the transaction of business. [L. '05, p. 319, §1.] 183 STATE NORMAL SCHOOL 163. Establishment of state normal school. A state normal school is hereby established at or near the city of Greeley, in the county of Weld and state of Colorado, the purpose of which shall be instruction in the science and art of teaching, with the aid of a suitable practice department, and in such branches of knowledge as shall qualify teachers for their profession; Provided^ That a donation shall be made of a site for said state normal school, consisting of forty acres of land with a building erected thereon, according to plans and specifi- cations furnished by the state board of education, and to cost not less than twenty-five thousand dollars, ten thousand dollars of which shall be paid by the state, as hereinafter provided. [M. A. S., 4118.] 164. Trustees — corporate powers — seal — make by-laws Said school shall be under the control of a board of six trus- tees; the said board shall be and is hereby declared a body cor- porate by the name and style of "The Trustees of the State Nor- mal School," and as such and by its said name may hold property for the use of said school, be party to all suits and contracts, and do all things thereto lawfully appertaining in like manner as municipal corporations of this state. The said trustees and their successors in office shall have perpetual succession, shall have a common seal, and may make by-laws and regulations for the well ordering and government of the said corporation and its business not repugnant to the constitution and laws of the state. [M. A. S., 4119.] 165. Governor appoint trustees — term of office — oath — superintendent of public instruction member. The governor shall, upon the approval of this act, appoint by the advice and with the consent of the senate, the six trustees mentioned and provided in this act, two of whom shall be ap- pointed for the term of two years, two for the term of four years and two for the term of six years. Their terms of office shall be- gin from their appointment and qualification, and shall continue for the period for which they shall be so appointed and until their successors are appointed and qualified. Every two years after the first appointment aforesaid, two trustees shall be ap- pointed in like manner to succeed those whose terms are first thereafter to expire. Every trustee so appointed shall take and 184 STATE NORMAi. SCHOOL. §§166-167-168 subscribe the oath of office prescribed by the constitution of this state before entering upon the duties of his office, which oath shall be placed and kept on file in the office of the secretary of state. The superintendent of public instruction shall be, ecp officio, a member of the board of trustees of the said state nor- mal school. [M. A. S.. 4120.] 166. Part of public school system — apportionment of funds — supervisory powers over. Said normal school is hereby constituted an integral part of the public school system of this state, and shall stand upon the same basis as to apportionment of state school funds as union high schools, and shall be subject as such to the general supervisory powers vested bv the constitution in the state board of education. [M. A. S., 4121.] 167. Powers of trustees. Subject to the constitutional powers of the state board of education, the trustees of the state normal school shall have the general supervision of the state normal school, and the control and direction of its funds and the appropriations therefor. They shall have power to appoint a faculty, consisting of a principal and assistant principal, and such other professors as may be required therein; they may also appoint such assistant teachers as are found necessary. They shall also have power to remove said principal or assistant principal, or any professor, teacher or employe in or about said school, and to appoint or employ another or others instead; to fix the salaries of each and to pre- scribe their several duties. They shall, with the advice and consent of the faculty, prescribe the various books to be used in said school, the courses of study and instruction, which in no case shall cover a period of less than three years, and shall make all the needful rules, regulations and by-laws for the good gov- ernment and management of the same. [M. A. S., 4122.] 168. Provide grounds — buildings — apparatus. Said board of trustees shall also have power, and it shall be their duty from time to time, as means shall be provided and placed at their disposal, to provide suitable grounds and build- ings, either by donation, purchase or lease, for the use of said school, and, in their discretion, shall also provide all proper and needful apparatus, books, articles and things for teaching and illustrating the branches of studv authorized in said school. [M. A. S.. 4123.] 185 §§169-170-171-172 STATE NORMAL SCHOOL. 169. Qualifications for admission — examination — declaration. The said board of trustees shall prescribe the qualifications for admission of students to said normal school. Every appli- cant for admission shall undergo an examination by the faculty of said school, and if it shall appear that such applicant is not a person of good moral character, or fails to pass such exami- nation, such applicant shall be rejected. Each applicant, except as hereafter provided, shall, prior to his or her admission, also sign and file with the board of trustees a declaration to engage in the business of teaching in the public schools of this state. [M. A. S., 4124.] 170. Open to residents of state — other persons — fees. The state normal school shall be open, subject to its regu- lations, to all persons resident in this state, sixteen years of age and upward, without charge for tuition; and to other persons under such regulations as the board of trustees may prescribe, upon payment of a rate of tuition to be fixed by said board, and without the aforesaid declaration of intention to teach in the public schools of this state, said board of trustees shall also fix the fees for admission of pupils to the practice department of said normal school. [M. A. S., 4125.] 171. Officers of board — duties — bond. The board of trustees shall elect from among their number, at the first and every succeeding annual meeting of said board, a president, who shall preside at all meetings and perform such duties as are incumbent upon such office. The board shall also elect a secretary, who shall not be a member of the board, and who shall hold office for the term of one year, and until his suc- cessor shall be elected and qualified. The said secretary shall give bond in a surn to be fixed by the superintendent of public instruction for the faithful handling and true accounting and delivery of all moneys and property of said school coming to his hands or control, which bond shall be filed with the secretary of state, after approval of the sureties thereon by the said board of trustees. No secretary elected as aforesaid shall receive into his possession or control any money or property of said normal school until after he shall have executed his bond and the same shall have been approved and filed as aforesaid. The state treas- urer shall be, eoe officio, treasurer of the state normal school. [M. A. 8., 4126.] . 172. Diplomas — examination — graduation. The state normal school is authorized to grant diplomas to such students as shall have completed the full course of instruc- tion in said normal school, shall have been recommended by the 186 STATE NORMAL SCHOOL. §§173-174-175-176 faculty, and shall have ijassed a final examiuatiou upon the branches embraced in the prescribed course of study; such ex- amination to be conducted by the examining board, consisting of the state superintendent of public instruction, a county su- perintendent of schools within the state, appointed for the pur- pose by the governor, and the principal of said school. Such diploma, when signed by the members of said examining board and the president and secretary of the board of trustees, shall be evidence that the receiver thereof is a graduate of the state nor- mal school, and entitled to all the honors and privileges of such graduates. [M. A. S., 4127.] 173. Diploma license to teach — license annulled. The said diploma shall license the receiver thereof to teach in any of the public schools of this state when a certified copy thereof shall have been filed in the office of the county superin- tendent of schools in the county wherein such graduate is teach- ing or proposes to teach. Such license may be annulled by the state superintendent of public instruction, who shall give imme- diate notice thereof to the several county superintendents of the state, and such license may be suspended in any county by the superintendent of schools for such county, pending the action of the superintendent of public instruction. [M. A. S., 4128.] Registration of normal school diploma. 1. The law requires that the state normal school diploma, held bj' one who is to teach in a certain county, shall be presented to the county superintendent for inspection and registration by him, and until this is done the teacher is not legally a teacher in the county, and there- fore should not receive her salary until she has fully complied with the law. 174. No fee for diploma. No fee shall be charged or received for any diploma or cer- tificate authorized by this act. [M. A. S., 4129.] No fee for registration. 1. No law authorizes a county superintendent to charge a fee for registering a certificate issued by the state normal school. 175. Compensation of trustees. The trustees of said normal school shall be entitled to re- ceive five dollars per day and their necessary traveling expenses, when actuallv emploved in the performance of their duties as such trustees'. [M. A. S,, 4130.] 176. Board receive and hold money and property. The board of trustees of the said normal school shall have power to receive, demand and hold for the uses and purposes 187 §§177-178 STATE NORMAL SCHOOL. of said school such money, lands or other property as may be donated or devised for or thereto, and to apply the same, within the powers conferred by law, in such manner, as shall best sub- serve the interests and objects of said normal school. [M. A. S., 4131.] 177. Funds and revenues apportioned. The funds and revenues for the establishment and mainte- nance of said normal school, for the payment of its officers, teachers and employes, and for all purposes incident thereto or necessary for the proper founding, continuance and successful conduct thereof, shall be appropriated and apportioned in such manner as the general assemblv shall by law provide. [M. A. S., 4132.] 178. Report of trustees — contents — verification. The trustees of the state normal school shall make and file with the state board of education, on or before the first day of August in each year, a report of the affairs and conduct of said normal school during the year last preceding such report. Said annual report shall be made upon blanks prepared by the super- intendent of public instruction, approved by the state board of education, and shall include the following, viz.: First — The number of students enrolled during the preced- ing year, their sex, age, residence and place of birth. Second- — The attendance each day; the average attendance for each week and term, and during the year; the number of days the school was taught in the year. Third — The full curriculum of instruction in said school ; the classification and departments thereof; the branches taught; time devoted to each; text books and apparatus in use; number of books in the library; requirements for admission and graduation, with dates and requirements for examinations. Fourth — The number of students in each department and class; number of diplomas granted, and to whom; number, names and residence of graduates; number of suspensions and expul- sions, and cause of same. Fifth — The names and number of teachers in each class and department, length of time each has been employed, and salary paid to each. Sixth — Names, individual employment and number of all other employes in and about the school, with rate and amount of wages paid to each. Seventh — A full financial statement, classified and itemized, of the business department of the school and corporation, cov- ering receipts and expenditures from and by all sources, and in 188 STATE NORMAL SCHOOL. §178 such form as to show the average cost of the school per month for each pupil, and in gross for the year; cash on hand or deficit at the beginning and end of year. Eighth — An estimate of necessary expenditures, ordinary and special, for the next ensuing year. Ninth — Such other particulars as the said board of educa- tion may require, necessary to a fair and complete showing and fair understanding of all the affairs of said normal school. Said report shall be signed by the president and secretary of the said board of trustees, and verified by the oath of one or more of their number. [M. A. S., 4133.] 189 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 179. Election of state superintendent. At the general election, to be held in the year of our Lord one thousand eight hundred and seventy-eight, and every two years thereafter, a state superintendent of public instruction shall be elected b}^ the qualified electors of the state, who shall hold office for the term of two years from the second Tuesday of January next after his election, and until his successor is duly elected and qualified. [M. A. S., 3970.] 180, Oatii and bond of superintendent. Before entering upon his duties he shall take and subscribe the oath of office prescribed by the constitution, and shall also execute a bond in the penalty of five thousand dollars, payable to the state of Colorado, with sureties to be approved by the state auditor, conditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers, documents and other property belonging to the office. Said bonds and oath shall be deposited with the secretary of state. [M. A. S., 3971.] 181. Duties of superintendent. He shall have an office at the seat of government, where shall be kept an official seal, and all books and papers appertain- ing to the business of his office. He shall file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year separately, and hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly. Copies of all papers filed in his office, and his official acts, may be certified by him, and when so certified, shall be evidence equally and in like man- ner as the original papers. He shall decide all points touching the construction of the school laws, which may be submitted to him in writing by Siuy school officer, teacher or other person in the state, and his decision shall be held to be correct and final until set aside by a court of competent jurisdiction, or by subse- quent legislation; and said decision, correspondence and instruc- tions may be communicated through the columns of any regu- larly published periodical that is devoted to the interest of edu- cation. He shall prepare lists of questions for the use of county superintendents at the quarterly examination of teachers, and make such suggestions concerning their use as shall tend to se- 190 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. §182 cui'e uniform examinations in the different counties; and he may call to his aid, in the preparation of said questions, such assist- ance as he may deem proper. [M, A. S., 3972.] NOTE— In regard to books received for use of th3 supreme court. See M. A. S.. 98S. No right to compel county superintendent to grant petition. 1. The county superintendent has no right to grant or not to grant a petition for the establishment of a new district, and the state super- intendent has no right whatever to compel any countj' superintendent to grant such a petition if, in the county superintendent's judgment, it is not wise or desirable. Take no part in organizing district. 2. It is not within the province of the state superintendent to take any part whatever in the organization of a new school district. He may, however, as a member of the state board of education, pass upon the legality of such organization when an appeal is taken to the board from the decision of the county superintendent. 182. Furnish blanks — cost — prepare laws. He shall have a general supervision of all the county super- intendents, and of the public schools of the state. He shall pre- pare, have printed and furnished to teachers and all officers charged with the administration of the laws relating to public schools, such blank forms, registers and books as may be neces- sary to the discharge of their duties; but he shall not copyright such forms, nor be directly nor indirectly compensated by reason of the sale thereof. All register and blank books so furnished for the use of teachers and school officers shall be charged to the respective counties at cost, and the county superintendent of schools shall receipt for and distribute the same among the districts of his county as they may require; and the amount so charged against each county shall be deducted from the amount apportioned to such county at the semi-annual apportionment of the state school fund;, and the superintendent of public instruc- tion shall certify to the state treasurer the aggregate amount of such deductions, and the treasurer shall thereupon transfer said amount from the school fund subject to apportionment to the general fund. The superintendent of public insctruction shall have the laws relating to public schools printed in pam- phlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each. Said print- ing to be paid for out of the printing fund, on warrant of the auditor, on bills approved by the superintendent of public in- struction, and attested by the secretary of state. [M. A. S., 3973.] NOTE— See Enabling- Act, section 14. » 191 §183 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. No power to remove memhers of district doards. 2. The state superintendent has no power to remove members of district boards. The only manner in which a school director can be removed is by action in courts upon suit brought by electors of the district, and in such a case absolute violation of the law in connection with his duties as school director must be proven to accomplish the removal. Poivers in regard to certificates. 3. The state superintendent has no authority to grant a certificate to teach except when directed to. do so by a vote of the state board of education in cases of appeal and of state examination. 4. Neither the state superintendent of public instruction nor the state board of education have the power to compel a county superin- tendent to recognize examination papers prepared under the supervision of the county superintendent of another county. This is a mere matter of comity, and is not sanctioned by law. Therefore, whenever a teacher appeals from the refusal of a county superintendent to accept such papers and mark them and issue a certificate thereon, the board of education has no other course than to dismiss the appeal. 5. The laws of Colorado do not give the state superintendent the right to authorize the county superintendent to hold a special examina- tion. Examinations for teacher's certificates can not be taken at any time except at those times prescribed by law for public examinations. 6. When an applicant of lawful age presents himself for the county examination, the county superintendent has no course other than to re- ceive and grade the papers and report the same to the superintendent of public instruction. A county superintendent can not legally withhold a certificate at the request of a person who, as a lawful applicant, appears at the examination. 7. The state superintendent has no right to endorse certificates; that is a matter which rests with the county superintendent. 8. The state superintendent has no authority whatever to waive in any manner the requirement for the issuing a certificate to teach, nor to order a county superintendent to change the marking, unless the appli- cant appeals from the decision of the county superintendent to the state board of education. 9. The state superintendent has no authority whatever to waive in any manner the requirements of law for a license to teach, nor to grant a temporary certificate or permit, nor to authorize a county super- intendent to grant such certificate or permit. 10. The laws of Colorado do not give the state superintendent the right to endorse certificates of any kind from other states. 11. The law makes no provision for the writing of a duplicate cer- tificate for the convenience of the person holding a first grade certificate. Special permission may be obtained from the state superintendent by a county superintendent to write a duplicate certificate in case the holder of the original gives proof of its being lost or destroyed. 12. The state superintendent has no authority to excuse a person from taking an examination. 183. Biennial report — visits — expenses. He shall, on or before the tenth day of December, in every year preceding that in which shall be held a regular session of the general assembly, report to the governor the condition of the. public schools, the amount of state school fund apportioned, and sources from which derived, with suggestians and recom- 192 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. §184 mendations relating to the affairs of his office as he may think proper to communicate. It shall be his duty to visit annually such counties in the state as most need his personal attendance, and all counties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical interests of education, and diffusing as widely as possible, by public addresses and personal communication with school teachers and parents, a knoAvledge of existing defects and of desirable improvements in the government and instruction of the schools; and he shall open such correspondence as may ena- ble him to obtain all necessary information relating to the sys- tem of public schools in other states; and he shall receive out of the state treasury, for actual necessary traveling expenses and other expenses while traveling on the business of the department, not exceeding five hundred dollars per annum, for which he shall render an itemized bill to the auditor of state, who is hereby authorized to draw his warrant therefor; and all office, fuel, fur- niture, postage, books, stationery, and other contingent expenses pertaining to his office shall be furnished in the same manner as those of the other departments of the state government. [M. A. S., 3974.] 184. Apportionment of school fund. It shall be the duty of the state auditor to notify the super- intendent of public instruction of the amount of money in the state treasury to the credit of the public school income fund, on the thirtieth day of June and December in each year. Within fifteen days after receiving such notification, the superintendent of public instruction shall apportion said fund among the sev- eral counties of the state, from which reports have been received by said superintendent, as provided in this act, in proportion to the school population as shown by the report of each county for the year next preceding such apportionment, making such deduc- tions as are provided in section nine of said chapter. And the superintendent of public instruction shall certify said apportion- ment to the state auditor, and upon such certificate the auditor shall draw his warrant on the state treasurer in favor of the county treasurer of each county, for the amount due said county. The superintendent shall also certify to the superintendent of each county the amount apportioned to such countv. [M. A. S.» 3975.] NOTE— Section 9 referred to in this section is section 182. Two apportionments. 1. There are only two apportionments of the school fund by the state superintendent during the year, one in January and one in July. Other apportionments, if any, are made by the county superintendents. 7 193 §185 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 185. Assistant librarian — salary. He may employ an assistant librarian, who shall have charge of the state library, nnder such regulations as may be prescribed by the state librarian, or by law. Said assistant shall receive the annual salary of one thousand dollars (|1,000) for his ser- vices. [M. A. S.,^ 3976.] 194 TAXES. COUNTY SCHOOL TAXES. 186. County commissioners shall cause school tax to be levied. The county commissioners shall, at the time of levying the tax for county purposes, cause to be levied a tax for the support of the schools within the county, of not less than two (2) mills on the dollar, of the assessed value of all taxable property, real and personal, within the county, which tax shall be collected by the county treasurer at the same time, and in the same manner, as state and county taxes are collected, except that it shall be receivable onl}- in cash. It is hereby made the duty of the county superintendent of schools to certify to the board of county com- missioners at this time the amount of money needed per capita, to enable each school district in the county to maintain a public school four (4) months in each year, as required by law. In mak- ing his estimate, the county superintendent shall not take into consideration districts whose school population shall be less than fifteen (15), as shown by the school census preceding the time of making the levj'. He shall use as a basis for making his esti- mate the suiji of fort}' (40) dollars per month for the teacher's sal- ary. All other expenses of the school must be provided for by the board of directors by special tax. It is hereby made the duty of the county commissioners to increase the minimum rate of two (2) mills, to what shall be required for the purpose, as stated as above; Provided, That such tax levy shall in no case exceed five (5) mills; Provided, further. If any school district shall fail to certify a special tax for other expenses of the dis- trict necessary to maintaining a public school each year, as pro- vided for in section seventy-seven, the county commissioners shall cause the same to be levied. [3 Mills (Rev.), 4028.] NOTE— Limit of levy, section 192. NOTE — Section 77 above referred to is section 154 herein. Apportionment of two mill levy. 1. The above section contemplates that the two mill tax therein provided shall be apportioned among the school districts per capita. The $40 per month therein provided is established as a basis in estimating the teachers' salaries. Duties of county commAssioners in regard to levy. 2. It is the duty of the board of county commissioners to levy such a rate above two mills as may be necessary to produce the amount needed per capita to enable each school district in the county to maintain a 195 §186 TAXES. public school four months In each year, as required by law, and as shown by the county superintendent's certificate provided for in the same section. The board of commissioners can be compelled to do this by mandamus if necessary. 3. The county commissioners have no right whatever to make a general levy of one mill, since the law plainly states that the minimum rate is two mills, which must be increased by the commissioners to what- ever shall be required for the purpose as specified to them by the county superintendent of schools. 4. The above section is clearly in conflict with the act of 1899. (See section 192.) And it is clear that so much of said section as conflicts with the latter act is expressly repealed, and that county com- missioners are limited only by their discretion in making levies for school purposes since April 8, 1899, that being the date on which the act took effect. The minimum amount of two mills is, however, not changed. Legal custodian. 5. The county treasurer is the only legal custodian of the school funds. The district treasurer has no legal right to hold in his possession any of the general, special or bond fund, nor have the directors of a school district any legal right to issue orders on the county treasurer, ex- cept in favor of those parties to whom the district is legally indebted. In the payment of school bonds, the district treasurer has control of the funds only during the times of advertising and subsequent payment. Special fund — how used. 6. Bonds can not be voted for sinking an artesian well; but if the district has sufficient money in its special fund, it may use that money for such a purpose on a vote of the electors. 7. If any surplus funds remain in the special fund over what is necessary to meet the regular current expenses of the district, such sur- plus may be used to pay past indebtedness. 8. In regard to the method of raising money to build a school building, the law prohibits the issuing of warrants in excess of the revenues of the district for the current year; therefore an arrangement for issuing warrants payable in one, two and three years, the qualified voters to vote a levy to be collected in one, two and three years to pay the warrants, would not be legal. The voters have no authority to vote a levy except for the current year. It would, therefore, only be possible to raise the money by voting bonds for the amount if the electors do not wish to levy the whole tax in one year. 9. The law does not give the school board the right, without the consent of the electors, to furnish board from the special fund for pupils who live too far away to attend. Funds of first class districts. 10. Funds of first class districts must remain in the hands of the county treasurer and be drawn upon through warrants made out by the district board, as in districts of the third class. The law makes no provision for the handling of the funds. Commissioners — no authority to change levies — lohen certified. 11. The county commissioners have no authority whatever to <-hang8 levies for special school tax when certified to by the directors of •a district. The levies as certified by the school directors must remain, -whatever the action of the commissioners may be as regards valuation. 196 TAXES. §§187-188 Tax not voted — county commissioners levy lohen. 12. In case a school district has not held its annual meeting to elect officers and vote a tax, it becomes the duty of the county super- intendent to appoint to the vacant positions, and the duty of the county commissioners to levy the tax for the district. Directors not exercise powers of electors. 13. Directorrf can not exercise the powers given electors of districts of the third class, after filing annual census of 350 children previous to the annual election. The board will reorganize after the annual election and after the census list is examined, compared as required of the county superintendent in section 186 of the school law, and is found to be cor- rect in giving the district the necessary number for a second class dis- trict. Neiv levy on consolidation — when. 14. If districts are consolidated between the time of voting on the special tax and making the levy by the county commissioners, a new levy must be determined on for the new district. Warrants drawn — 'when. 15. After a levy is made for a special purpose in a school district, and is also made by the county commissioners, warrants may be drawn to the amount of the revenue for the current year. Special tax — ivhen voted. 16. It would be legal to vote a special tax at an annual meeting by giving the legal notice; Provided. That such special tax, together with any other special taxes levied for the given year, does not exceed the levy allowed to a district of your class. 17. A majority vote to decide a special tax levy of the building of a new school building means a majority of the qualified electors lohen assembled at a regular or special meeting. 187. County clerk must levy — officer failing — forfeiture. No county clerk or other person, who shall make out the tax list or assessment roll of any county, shall omit or neglect to levy said tax of two (2) mills, as aforesaid, by reason of the omission of the board of county commissioners to pass a resolu- tion for that purpose. Failure to levy a tax of at least two (2) mills, as above specified, shall be deemed a violation of the law, and the person or persons through whose neglect or refusal the failure so to levy shall occur, shall forfeit the sum of one hun- dred (100) dollars each, and be liable for all damages resulting from such neglect or failure. [M. A. S., 4029.] 188. School boards shall certify to commissioners tax to be levied — limit — duties of assessor and treasurer — proviso. On or before the day designated by law for the commission- ers of each county to levy the requisite taxes for the then ensu- ing year, the school board in each district shall certify to the county commissioners the number of mills per dollar which it 197 §188 TAXES. is necessary to levy on the taxable property of the district, to raise a special fund for any of the purposes specified in section flfty-one of this chapter, and the county commissioners shall cause the same to be levied at the same time that other taxes are levied, and the amount of such special tax which shall be assessed to each taxpayer of such district, shall be placed in a separate column of the tax book, which shall be headed ''special school tax;" Provided, That a school board of a district of the third class shall not certify, as above, to a higher rate than fif- teen mills per dollar. There shall also be a column in said tax book in which shall be designated the number of the school dis- trict in which the property is listed. This tax shall be collected in cash only, and placed to the credit of the proper district as fast as collected, and the amount placed to the credit of each district shall be reported to the secretary of such district at the end of every month, and shall be subject to the order of the district board. Tt is hereby made the duty of the county assessor and county treasurer to so arrange their tax schedules and books as to conform to the above provisions; Provided, That the county assessor shall list all propert3\ both real and per- sonal, in the school district in which the same may be on the first day of May; And, provided, further. That the board of any district may order the levy of not to exceed one-tenth of one mill, the proceeds of which shall be used exclusively in the pur- chase of books for a library, to be open to the public, under such rules as the district board mav deem needful for the proper care of the said library. [M. A. S", 4032.] NOTE— Limit of levy, section 192. NOTE — Section 51 above referred to is section 81 herein. Certify special fifteen-mill limit. 1. A district board of the third class can legally certify a special tax to the board of county commissioners without a vote of the electors of the district, provided the tax thus certified is not in excess of the amount necessary to support a four months' school. 2. After a district has voted a special tax, and such tax has been certified to the county commissioners by the directors, it can not be recon- sidered or amended, nor can the board of directors make a new levy; but it maj^ be reconsidered if the certificate has not been filed. 3. If the directors fail to certify the amount of the special tax levy the county commissioners may make a levy sufficient to maintain a four months' school, the tax in no case to exceed fifteen mills. 4. The fifteen-mill limit of special taxation applies only to third class districts. 5. In case a.n assessor should alter a levy certified by a district school board, he is liable civilly and criminally. 6. The directors of a third class school district have a legal right to certify a special tax sufficient to support a four months' school to the county commissioners in case the electors neglect to fix the levy. Such a tax must not exceed fifteen mills on the dollar, and if a vote of the elec- tors has been taken in a district, then the directors must certify the amount voted by the electors. 198 TAXES. §188 7. This section, school law. authorizes the school board (of first and second class districts) to certify for a special school fund without instructions from the electors so to do School funds not used for singing school. 8. The school funds can not be legally used for defraying the ex- penses of a singing school. Levy for libraries. 9. The county high school district has the right to levy a one-tenth mill tax for library purposes, just as any other district has. 10. Funds raised in accoi'dance with the provisions of this section of the school law must be used solely for the purchase of books for a library which shall be entirely under the control of the school board; and while the section states that the library shall be open to the public, it is my opinion that the law does not contemplate the location of the library anywhere but in connection with the school. Constitutional prohibitions. 11. The constitution of Colorado prohibits the creation of a debt by loan for building purposes in any other way than by a vote oi the electors. While a certificate of indebtedness can not be considered a loan, strictly speaking, the courts would probably construe it to be prohibited by the same constitutional provision when issued to cover a debt incurred by building. Special levy in first and second class districts. 12. There is no limit to the special levy in first and second class districts. Special taxes collected on range stock — lohen. 13. It is lawful to collect special school taxes on range stock m districts where they are located. Can not change school tax of resident. 14. The law gives no authority to change the school tax of a resi- dent of one district to another district. 'New levy upon consolidation. 15. If districts are consolidated between the time of voting on the special tax and making the levy by the county commissioners, a new levy must be determined on for the new district. When warrants drawn. 16. After a levy is made for a special purpose in a school district, and is also made by the county commissionei-s, warrants may be drawn to the amount of the revenue for the current year. Basis of estimating maximum of bonds. 17. In estimating a maximum amount of bohds that can be issued by a school district, the estimate must be based upon the last complete assessed valuation. 199 §§189-190-191 TAXES. SPECIAL TAX. 189. Special tax levy not to be reconsidered. It shall not be lawful for a district or a district board to reconsider the question of the levy of a special tax after the same has been certified to the county commissioners, nor shall said commissioners be charged with any discretion in the matter of such levy further than to ascertain if the law has been obeyed. [M. A. S., 4035.] Levy can not he changed. 1. The board of county commissioners lias no authority to change a special tax levy certified by the board of directors. 2. A district board can not raise a tax levy decided upon by the electors of the school district after it has been certified to the county clerk. The board of commissioners can not raise this levy if the require- ments of the law have been complied with so far as the amount is con- cerned. 3. The directors can not change a levy made by the electors of a district, even though it may be insufficient to carry on the regular term of school in the district. 4. When a levy has been made by electors, it is not in the power of the school board to raise the levy made after the same has been certi- fied to the county commissioners. This applies to a third class district. If it is a second class district, the right to make the levy rests entirely with the school board. 5. While the law does not permit the changing of a tax levy made at the annual meeting in May and certified to by the school board of the district, the district would have a right to call a special meeting to vote an additional special tax of two or any other number of mills that would be inside the limit up to which a third class district is permitted to levy. This is not in any way to be considered changing the original levy, but simply voting an additional levy. 6. If districts are consolidated between the time of voting on the special tax and making the levy by the county commissioners, a new levy must be determined on for the new district. 7. There is no provision whereby the levy can be changed that has been certified to by the former county superintendent and ordered by the commissioners. LIMIT OF TAXATION. 190. Classes of counties for limiting tax levy. For the purpose of limiting the amount of the tax levies for county purposes, as hereinafter provided, the several counties in this state are hereby classified into ten classes, to be known as the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth classes. [S Mills (Rev.), 799di.] 191. Classification of counties. The county of Arapahoe shall belong to and constitute the first class; the 'counties of Weld, El Paso and Pueblo shall belong 200 TAXES. §192 to and constitute the second class; the counties of Boulder, Fre- mont and Las Animas shall belong to and constitute the third class; the counties of Elbert, Hinsdale and Larimer shall belong- to and constitute the fourth class; the coujities of Chaffee, Clear Creek, Douglas, Jefferson, Lincoln, Rio Grande and Saguache shall belong to and constitute the fifth class; the counties of Cheyenne, Delta, Kiowa, Kit Carson, La Plata, Morgan, Otero and Prowers shall belong to and constitute the sixth class; the counties of Costilla, Conejos, Custer, Dolores, Garfield, Gilpin, Gunnison, Eagle, Huerfano, Logan, Mesa, Montezuma, Montrose, Routt, Rio Blanco, Summit, Teller, Washington and Yuma shall belong to and constitute the seventh class; the counties of Baca. Bent, Lake, Ouray, Park, Pitkin, San Juan, San Miguel and Sedgwick shall belong to and constitute the eighth class; the counties of Archuleta, Grand and Phillips shall belong to and constitute the ninth class; and the county of Mineral shall be- long to and constitute the tenth class. [3 Mills (Rev.), 799di.] 192. Limit of levy. There shall be levied and assessed upon all taxable prop- erty, both real and personal, within the several counties of this state the following taxes : For ordinary county revenue, includ- ing the support of the poor and for the purpose of raising a fund to meet any unforeseen contingencies, such rate as may be necessary, not to exceed three mills on each dollar of valuation in counties of the first class; not to exceed six mills on each dollar of valuation in counties of the second class; not to ex- ceed seven and one-half mills on each dollar of valuation in counties of the third class; not to exceed eight and one-half mills on each dollar of valuation in counties of the fourth class; not to exceed ten and one-half mills on each dollar of valuation in counties of the fifth class; not to exceed twelve mills on each dollar of valuation in counties of the sixth class; not to exceed fifteen mills on each dollar of valuation in counties of the sev- enth class; not to exceed sixteen mills on each dollar of valua- tion in counties of the eighth class; not to exceed twenty mills on each dollar of valuation in counties of the ninth class; not to exceed twenty-five mills on each dollar of valuation in coun- ties of the tenth class; Provided. That any county may levy such rate as it may see fit for the erection, maintaining, repairing, leasing or renting of county buildings, for roads and bridges, bonds and interest thereon, or judgment bonds and interest thereon and for school purposes. [8 Mills (Rev.), 799d^.] 201 TEACHERS. 193. Must have license — expiration — proviso. No district board shall employ any person to teach in any of the public schools of the state, unless such person shall have a license to teach, issued from the proper district, county or state authority, and in full force at the date of employment; and any teacher who shall commence teaching in any such school with- out such license, shall forfeit all claim to compensation out of the school fund for the term so teaching without such license. And if a teacher's license shall expire by its own limitation within a term of employment, such expiration shall not have the effect to stop the school, or stop the teacher's pay; Provided, That a teacher whose certificate so expires, if the term of school for which such teacher is employed extends more than one month after such expiration, shall secure a new certificate, or a re- newal of the one held while the same is in force; And, provided^ further, That a certificate shall not be required of persons em- ployed to teach either music, drawing or modern languages only. No teacher shall be dismissed without good cause shown, and such teacher shall be entitled to receive pay for services ren- dered. [M. A. S., 4024.] NOTE — Kindergarten teachers, section 147. License — gtialifications. 1. The law provides that an applicant for a teacher's certificate must not be less than eighteen years of age. It would be illegal to grant a certificate if the applicant did not meet that requirement. It would also be illegal to employ a teacher without the necessary license issued by the proper authorities. 2. A person can not be legally employed to teach in the public schools for any length of time, however short, unless such person has a certificate to teach, issued by the proper authorities. 3. An unlicensed person can not legally be employed as substitute teacher in the public schools of this state. A substitute teacher must be provided with the proper certificate. 4. It is held that a teacher may continue school until notice is given of the failure to obtain a certificate. 5. A teacher holding a certificate to teach, issued by the proper authority, is entitled to all the rights and emoluments implied thereby until certificate is revoked for cause. 6. The engagement to teach of a person who has no certificate by school directors is illegal, as no contract could be made between the school board and such a person. The fact that she draws no pay would not entitle her legally to teach the school. A school so taught could not be considered b public school, nor could the months of school so taught be counted in, or reported as, months of public school work. School directors could only as private citizens employ a teacher to teach a pri- 202 TEACHERS. §193 vate school. There is no possible waj^ in which the public school work and the private school work can be combined, or the private school work legalized as public school work, or a private school teacher, uncertificated, in any way be considered as a public school teacher. Contract. * 7. Two members of the school board in districts of the second and third classes can make a legal contract without the consent of the third member; Providing, Such contract is made at a regular meeting, or at a special meeting legally called, and of which all the directors had legal notice. 9. When a teacher begins work without having entered into a definite verbal or written contract with the school board which employs her, she has a right to leave the school at any time, and the school board has the right to discharge her at the end of the first month's work, and also to employ another teacher. 10. A school board can hold a teacher to a contract for the time therein agi-eed. 11. In case of two members of the board at a legally held meeting of the board voting a certain sum as the teacher's salary, written notice of such action being sent to the teacher, the notice is binding upon the board and equal to a contract. 12. If a school board makes a legal contract either verbal or in writing with a teacher, providing for his re-election and specifying the salary he is to receive, the board could not at a later meeting change its action without cause. 13. An oral contract made between a teacher and a school board is as binding' as a written one; Provided, That each party can prove the terms of the contract. 14. Under a written contract with a school board to teach a stated length of time, a teacher is entitled to compensation for the full time. 15. The board of directors has exclusive jurisdiction in the em- ploying and discharging of teachers. 16. A contract between a teacher and his substitute is not binding upon the board of directors. 17. A contract to teach made by two directors in a second or third class district with the proposed teacher is valid, and the person so en- gaged can collect the amount named "in the contract as compensation for his services, if he performs such services in accordance with the terms of the contract. 18. If a teacher is not competent to conduct a school, the school board is not bound by the contract. 19. When a contract is I'educed to writing, it is supposed to express the intention of the parties, and when such intention is clear, it can not be changed by oral evidence. 20. Since there was no written or verbal contract in regard to the length of your school term, you can not compel the board to continue the school for any stated time. The school board has the full power to decide what the term of school shall be. 21. The directors of a district have no legal right to make a con- tract with a teacher to pay wages in excess of the revenues for the year. 22. If a teacher receives from the secretary of a school board, in pursuance of an order of the board, a letter notifying him of the length of teinii and salary, such notification would stand in law as a contract should the teacher accept. 23. A verbal i)romise given to a teacher by members of a school board at other than a regularly called meeting is not in any way binding 203 §193 TEACHERS. upon the board. The members have a perfect right to engage some other person when a regular meeting of the board is held. 24. When a teacher enters into a contract with a board of directors to teach a certain number of months it is understood that customary vacations may intervene, even though not specified in the contract, and that the teacher will not receive compensation for the time occupied by said vacations, he being expected to teach the full number of months specified in the contract, aside from the time included in the vacations. 25. A contract made with the president and treasurer of a school board would be legal, even if there is a vacancy in the office of secretary. A warrant signed by the above named members, under the circumstances mentioned, should be considered a sufficient warrant for recognition by the county treasurer. No compensation without license. 26. It would be illegal for a school board to pay the teacher, unless she was provided with a certificate issued in the county, or with certifi- cate recognized in some way by the county superintendent. 27. Any elector of the district or the county superintendent of the county, through legal process, may prevent the board from paying out money as wages to a teacher when she does not possess the necessary license. 28. It is a violation of the law to endorse county teachers' certifi- cates issued in this or any other state, if the certificate be not in full force at the date of such endorsement. Should the board employ a teacher without a license to teach, all claim to compensation on the school fund for the term will be forfeited. 29. If a school board employs teachers who do not hold legal cer- tificates, such board is liable for the teachers' salaries, since it is a direct violation of the law to pay such teachers from the public funds. 30. It would be illegal for the school board to pay the teachers unless they are provided with certificates issued in the county or with certificates recognized in some way by the county superintendent. Any elector of the district or the county superintendent can, through legal process, prevent the board from paying out money as wages to teachers without the necessary certificates. Salary. 31. The only way by which a teacher's salary can be legally in- creased, during the term for which she is employed, would be at a regu- lar or special meeting of the school board. 32. "A teacher's only recourse against a school board that refuses to issue a warrant for salary is through the courts. 33. A teacher is under no obligation to make up time lost when school is closed for the purpose of repairing buildings. If a teacher absents himself a day or more from his work, he himself being responsi- ble for the loss of time, he must make good the loss of time or forfeit his pay. 34. A school board can not compel a teacher to make up time lost during the time a school was closed because of the prevalence of a con- tagious disease; Provided, Said teacher holds himself in readiness to teach, subject to the order of the board. 35. A teacher can draw her wages during the time that a school is closed on account of an epidemic. 36. A teacher is not entitled to receive pay for the time lost while attending a teacher's examination. 37. If the directors authorize the use of the school house for elec- tion purposes, the teacher is entitled to pay for time thereby lost. 204 TEACHERS. §193 38. If a teacher is ready to begin school at the time specified in his engagement, and owing to neglect of duty on the part of the school board, can not do so, he is not compelled to make up the time thus lost, but is entitled to his salary from the time specified in such engagement, 39. If, with the consent of the directors a teacher holds school on a legal holiday to make up for a day lost, the teacher is entitled to pay for the full month. 40. There is no law authorizing a teacher to draw his salary for two weeks spent in attending the normal institute. 41. The board of directors has no right to deduct from a teacher's salary for legal holidays occurring during the school term. 42. If the board of directors closes the term of school before the expiration of the time contracted for, the teacher being ready to fulfill his part of the contract, the board is liable for the teacher's salary foi' the full term agreed upon. 43. A teacher may collect salary to the amount of actual damage suffered by the failure of the board of directors to fulfill its part of the contract. 44. A teacher may collect salary for the number of months speci- fied in the contract entered into with the board of directors of the school district where he teaches; Provided, The directors have not contracted with the teacher to pay wages in excess of the revenues for the year. 45. Under a written contract with a school board to teach a statecE length of time, a teacher is entitled to compensation for the full time, although the school should lapse by reason of the residents leaving the dis- trict; Provided, The teacher has fulfilled her part of the contract and ex- presses her willingness to complete the requirements of her agreement. The school board should have taken into consideration the possibility of such an event at the time the contract was made. 46. To be entitled to his salary for the day, the teacher shouM remain in the school room after the hour of opening, both forenoon and afternoon, a sufficient time to determine that no pupils will be in attend- ance. 47. A teacher, having accepted a stipulated salary, can receive that salary only by warrants drawn by the district secretary, and takes them for what they are worth. It would not be proper for the board to sim- ply supplement, by an additional warrant, the shrinkage of irregular warrants on account of the discount in the market. The deficit may be made good by the board, at a regular meeting, voting to advance the salary so as to cover the shrinkage in value of the depreciated warrants- 48. When school district warrants are sold at a bank or elsewhere and a discount is charged, the holder of the warrant must bear the loss. 49. Where a county superintendent calls a county institute or teach-- ers' association, he has not the right to rule that the district must pay the teacher for the same, as if she had taught school, although the schooil boards would have the right to give the teacher such a day and pay her" for it upon the request of the county superintendent. The right in the-' matter rests with the district board. 50. The law makes no provision concerning a secretary sending a teacher her warrant, but it would be advisable for the members of the board to sign these warrants at their meeting and send the same to the teacher. Employment. 51. Since the law gives the board the right to employ and discharge teachers and to fix and order paid their wages, the electors of the dis- trict could have no voice in the matter, and while the patrons of the school would have a right to circulate a petition requesting the board to engage a certain teacher, the board would have the right to ignore the petition if they desired to do so. 205 §193 TEACHERS. 52. It is absolutely illegal for the members of a school board to appoint a teacher at any time or in any way save through the action of a majority of the board at a regularly called meeting of which all the members have had due notice. 53. A school board has the absolute right to engage the teacher, or teachers, for the school district. The fact that a majority of the tax- payers sign a petition making a protest against the selection made by the board can not in any way affect the legal right or the action of the board in the matter of the appointment of a teacher. 54. One member of a school board can not legally employ a teacher except when ordered to do so by board or at a regular or special meeting. 55. If a misunderstanding occurs as to the employment of a teacher and two of the board refuse to enter into a contract with the teacher who was chosen by the other member, the teacher could not legally claim her appointment. 56. In case a summer school is to begin in a district, either before or on the day upon which the annual election is held, it would be legal for a board to engage a teacher for such a school. 57. It is illegal to employ a school teacher save at a regularly called meeting, of which due notice was given to every member of the board. It is also illegal to transact any business save at such duly called meetings. Special su'bjects reqttired. 58. A school board would have the right to require work above the eighth grade to be done, providing there was nothing in the contract made with the teacher which Would give her the right to object to doing such work. 59. The law makes the same requirements of the principal or teach- ers of a county high school as of any school of high grade. Therefore, a special certificate covering the high school branches must be obtained by the applicant who expects to teach in a county high school. 60. It is the duty of the teacher to teach whatever branches may be specified by the school board, since that body is given the right to establish a course of study for the school of its district. If the teacher has failed to teach the branches requested by the board, it would prob- ably not be sufiicient reason for the board's refusing to sign the warrant for her services as teacher for the time she has been employed in the school, yet it is possible that it might be held as sufficient grounds for the dismissal of said teacher. 61. School boards have authority to employ special teachers for special branches, but such teachers must have valid certificates in order to entitle them to be paid from the school funds, even though such teach- ing is done outside of regular school hours. 62. If a teacher has been employed to teach a certain department of a school, the school board would not have the right to close another department and require one teacher to do the work of both departments, unless such an arrangement had been made in the contract entered into between the teacher and the board. 63. A teacher can not be required to teach instrumental music in a school, as the branch is not one included in the requirements of a com- mon school course. Dismissal. 64. A school board may dismiss a teacher for incompetency or im- morality. A county superintendent may revoke a certificate of any kind at any time for immorality, incompetency or any just cause. 206 TEACHERS. §193 65. The laws of this state make it impossible for a school board to discharge a teacher without some cause that would be considered in the court a sufficient reason for breaking the contract between the teacher and the school board. Incompetency, immorality, drunkenness, etc., are the reasons that have been held sufficient. 66. A teacher can not be legally dismissed before the expiration of the time for which she is engaged "without good cause shown," and if so dismissed she can collect full salary; Provided. She holds herself in readiness to fulfill her part of the contract. 67. Two members of a school board have the right to dismiss a teacher, providing their action is taken at a regular or special meeting of which all members of the board have notice. But a teacher having a contract with the board can not be dismissed without good cause for such action being shown. 68. A teacher can not be legally dismissed before the expiration of the time for which he is engaged, without good cause shown, unless there is a clause in the contract making provision for such contingency. 69. Section 193, school laws of Colorado, contains the following statement as the closing sentence. "No teacher shall be dismissed without cause shown, and such teacher shall be entitled to receive pay for services rendered. At the top of page SO, Seventh Biennial Report of the superintendent of public in- struction, an official decision states 'that a teacher can not be legally dis- missed before the expiration of the time for which she is engaged, with- out good cause shown,' and if so dismissed she can collect full salary, provided she holds herself in readiness to fulfill her part of the contract."^ The following is the decision of the Supreme Coui't of Michigan (April 30, 1880) in the case of Dewey vs. Union School District: "If the school board closes the school during the term because of the prevalence of a contagious disease, the teacher does not lose his pay, unless he consents to lose it, provided he holds himself in readiness to teach subject to the order of the board. There may be a condition of things which makes it eminently expedient and prudent to stop the schools, but no rule of justice will entitle the district to visit its misfortune upon the teacher who had no agency in bringing it about." (Dewey vs. District, 42 Michigan, 480.) It will thus be seen that the official decision of this department contained in the Seventh Biennial Report is sustained by the highest judicial au- thority in the state of Michigan. 70. The school board has in its power to dismiss a teacher for incompetency or immorality. But according to section 193, last clause, school law of Colorado: "No teacher shall be dismissed without good cause shown, and such teacher shall be entitled to receive pay for services rendered." In order to make good charges of immorality specific acts must be declared and supported by affidavits of witnesses. The possession of a proper certificate of qualification is prima facie evidence of compe- tency and fitness. The law provides that a county superintendent "may revoke certificate of any grade at any time for immorality, incompetency or any other just cause." If satisfied that the charges can be sustained by proof, the proper course for the board is to bring the matter to the attention of the county superintendent, with a request that he make use of the power granted him by the law. 71. A certificate to teach can not be revoked by a county superin- tendent without having good and sufficient reasons for so doing. Alleged exorbitant wages named in a contract between him and the directors of a district would not be lawful reason for revoldng a certificate, unless fraud of some kind could be shown. 72. If a teacher employed in the schools is incompetent to give instruction in any of the subjects provided in the course of study for that district, the board of directors would have cause for discharging such teacher. 207 §193 TEACHERS. 73. In order to make good charges of immorality or incompetency, specific acts must be declared and supported by affidavits or witnesses. If satisfied that the charges can be sustained by proof the proper course for the board is to bring the matter to the attention of the county superin- tendent, with the request that he use the power granted him by law. Expiration of certificate. 74. A teacher can not legally teach two months after her certificate has expired. In case of the employment of a teacher under such condi- tions, any elector could make legal objection to her receiving payment from the school funds, and a school board responsible for the payment of her wages under such conditions would be liable for the amount of the wages. 75. It is not legal for a school board to engage a teacher who has no certificate, or whose certificate has expired, permitting her to open a school, except under the provisions of the law permitting a teacher to teach one month after the expiration of her certificate. The school board is personally liable for her wages under such circumstances. 76. "Permission to teach one month after the expiration of certifi- cate" is for the purpose of providing against closing the school in case of the failure of the teacher to obtain, certificate at the last county exami- nation. Certificate — endorsement of. 77. The time for which an endorsed certificate is good is simply that specified by the endorsement. Section 193 applies to such cases, ex- cepting that the teacher does not have the right to take advantage of the one month provision. Authority over pupils. 78. Respecting the jurisdiction of teachers over pupils on their way to and from school, it has been recognized that the authority over pupils is joint and equal with that of the parent. However, authority over pupils when not on the school premises should be confined to protecting and promoting the welfare of the school. The teacher should seek the co- operation of the parent, if possible, in the government of a child to and from school, for the sake of avoiding unnecessary friction. Pupils— admittance to grade. 79. A school board has the right to make the regulations concern- ing the admittance of pupils to a certain grade of the school when the fall term commences, said pupils having failed to pass the examination given in the spring, and also to authorize the principal to make such rules and regulations and to enforce them as if made by the board as a body. Janitor work not required of teacher. 80. A teacher is not required to do janitor work in this state unless the contract into which he has entered with the district board distinctly states that such be the case. ; Married women may teach. SI. "While the law does not state that married women living with their husbands shall be allowed to teach, there is no law prohibiting any person eighteen years of age, who can obtain a certificate, from teaching, save when a member of the school board. 208 TEACHERS. §194 Relatives of directors may teach. 82. The laws of Colorado do not make it illegal for members of school boards to vote for relatives of any degree as teachers. 83. The fact that a parent is a director upon the school board would not prevent a daughter who has a legally issued certificate from being eligible to a position as teacher in the district. Husband and wife teach in same school. 84. The laws of Colorado do not in any way prohibit a husband and wife from teaching in the same school. 194. Teachers to keep register — statistics — blanks. It shall be the duty of the teacher of every public school in this state to keep, in a neat and businesslike manner, a daily register in such form and upon such blanks as shall be prepared by the superintendent of public instruction. At the close of each term of school, not to exceed four months, the teacher shall file the summary in such register, and, in ungraded schools, file the register with the secretary of the district, who shall preserve the same; in graded schools the register aforesaid shall be filed with the principal or superintendent of the district, in which case said principal or superintendent shall make an abstract of the summaries of all such registers upon blanks prepared by the superintendent of public instruction, and file the same with the secretary, which shall also be preserved. The teacher, principal or superintendent, as the case may be, who is in charge of the last term of school in any school year, shall file with the secre- tary a summary of the statistics for the year, as shown by the summarized reports of all the terms during the year. The prin- cipal teacher of every public school, within one week after the beginning of each term, shall notify the county superintendent of the date of such beginning and the proposed length of the term. Nothing in this section shall be construed to prohibit any district board from requiring teachers, principals and superintendents to keep any additional registers and records of statistics which such board may deem desirable. Until the registers, summaries and abstracts herein above described have been filed as aforesaid, it shall be unlawful for the officers of any district to draw a war- rant for the last month's salary of any teacher, principal or su- perintendent whose duty it is to make and file such register, summary or abstract. All blanks required in the execution of this section shall be supplied by the superintendent of public instruction to county superintendents, and by them to district secretaries. [M. A. S., 4025.] Forfeiture of salary upon failure to make report. 1. Teachers should submit records of statistics or summaries as re- quired, and unless they are duly filed, they can not draw the last month's salary. 209 §194 TEACHERS. 2. No part of the last month's salary of a teacher should be paid until the reports required by law are made and filed according to specifi- cations. 3. In a district where there are two schools, the district teachers should send in separate reports to the county superintendent and secre- tary. 4. It is the duty of every teacher to keep a daily register and at the close of each term of school, not to exceed four months, fill the sum- mary in such register, and, in ungraded schools file the register with the secretary of the district, who shall preserve the same. Jurisdiction of teacher. 5. A teacher has no power to suspend pupils permanently, but can suspend them temporarily until the matter can be called to the attention of the board. 6. In the absence of any rules and regulations prescribed for the government of the schools by the board of directors, it is within the power of the teacher to make such reasonable rales and regulations, and to enforce them, in the same manner, subject always to the supervision of the board of directors. 7. A teacher haB a right to compel the pupils in the respective grades to take all the studies prescribed for that grade, unless rules of the school board are in existence which would excuse a pupil for valid reasons. 8. It is the teacher's right to establish any regulations for the discipline of the school that are not in conflict with the already estab- lished rules of the school board. 9. When a pupil leaves school, taking his books with him, it being understood that he has permanently left the school, his name should be immediately dropped, instead of being counted as a member for three days after his departure. 10. The teacher of a public school has control to a reasonable extent of a child during school hours and while on the school grounds. A child would not have the right to leave the school grounds after he has reached the school in the morning or to leave the grounds at noon if he did not go to his home at noon, but remained in the school house. 11. Respecting the jurisdiction of teachers over pupils on their way to and from school, it may be stated that the legal decisions in the majority of states recognize the authority of the teacher as concurrent — that is, joint and equal — with that of the parents. In some states, de- cisions have been made which give the school authorities some control over pupils and their conduct after they have reached home fi-om school. However, authority over pupils when not on the school premises should be confined to protecting and promoting the welfare of the school. Such acts only as directly affect harmfully the discipline and teaching of the school should be taken cognizance of. For example, truancy, wilful tardi- ness, quarreling v,^ith other children, the use of indecent and profane language, etc. The teacher should seek the co-operation of the parent, if possible, in such matters, for the sake of avoiding unnecessary friction. 12. "It has been ruled that a teacher has no power to suspend pupils and that the board can not delegate to the teacher its statutory power in that matter. It would be proper to assume that the teacher has the power to temporarily suspend, long enough for the matter to be called to the attention of the district board. It would also seem proper to say that the board may act entirely upon the recommendation of the superintendent in regard to suspension and expulsion, but the act of suspension must be the act of the board." 210 TEACHERS. §194 Duties. 13. It is the duty of the teacher to teach high school studies when such studies are prescribed by the board of directors as a part of the course of study. 14. A school board has a legal right to require such qualifications of teachers as seem to them to be for the best interests of the school; PrQvided, Such qualifications do not conflict with those required by the state. 15. The authority conferred on boards of directors by the school law of Colorado (section SI), "to fix the course of study, the exercises and the kind of text books to be used," make applicable the decision of the Supreme Court of Ohio. A teacher can not safely disregard in such a matter the request of the board. 16. The teacher has a right to her hour's intermission at noon, pro- viding she teaches the requisite six hours through the day. She is re- quired to teach school from 9 a. m. until 4 p. m., unless the board gives her permission to finish at an earlier hour. , Special teacher. 17. The law makes no provision whereby the board of directors of a district can appropriate school money to pay a special teacher for the pupils of said district who are unable to attend the regular school. Directors power over teacher and pupils. 18. Under the constitution and laws of this state the board of di- rectors of any district have power to establish reasonable rules and regulations for the government of the schools under their charge, for controlling the conduct of teachers and pupils, not only while in the school room, but while going to and from the school, and such reasonable rules and regulations may be enforced by suspension, expulsion or corpo- ral punishment, as the board of directors may determine. Dismissal. 19. In order to make good charges of immorality or incompetency, specific acts must be declared and supported by afiidavits or witnesses. If satisfied that the charges can be sustained by proof, the proper course for the board is to bring the matter to the attention of the county super- intendent, with the request that he use the power granted him by law. Physician's certificate not required. 20. There is no law requiring a teacher to have a physician's certifi cate of good health. This matter is governed by the board of directors. Unaccepted papers from another county. 21. Neither the state superintendent of public instruction nor the state board of education have the power to compel a county superin- tendent to recognize examination papers prepared under the supervision of the county superintendent of another county. This is a mere matter of comity and is not sanctioned by law. Therefore, whenever a teacher appeals from the refusal of a county superintendent to accept such papers and mark them and issue a certificate thereon, the board of education has no other course than to dismiss the appeal. 211 TRUANT SCHOOLS. 195. Truant schools to be established — in what cities. That iu cities having a population of 100,000 inhabitants or more, there shall be established, maintained and conducted within two years from the date of taking effect of this act, one or more parental or truant schools for the purpose of affording a place of confinement, discipline, instruction and maintenance of children of compulsory school age who may be committed thereto in the manner hereinafter provided. [3 Mills (Kev.), 4015h.] 196. Sites — location — furniture — fixtures — no increase of levy. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institution. And it shall be the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and pro- visions as may be necessary for the maintenance and operation thereof; Provided, That nothing in this act shall be construed to permit an increase of the levy for school purposes beyond the limit fixed by law. [3 Mills (Rev.), 40151.] 197. Officers — course of instruction. The board of education may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruc- tion; and shall exercise the same powers and perform the same duties as is prescribed by law for the management of other schools. [3 Mills (Rev.), 4015j.] 198. No religious instruction in school — religious training. No religious instruction shall be given in such school, ex- cept such as is allowed by law to be given in pubic schools; but the board of education shall make suitable regulation so that the inmates may receive religious training in accordance with the belief of the parents of such children, either by allowing religious services to be held in the institution or by arranging for attendance at public service elsewhere. [3 Mills (Rev.), 4015k.] 212 TRUANT SCHOOLS. §§199-200 Directors determine use of Bible in school. 1. Neither the constitution of the state nor the statutes touch directly the reading of the Bible or prayer or any other form of relig- ious or devotional exercises, except to forbid that observance or partici- pation shall be compulsory. The spirit of the constitution permits re- ligious exercises in school if nothing sectarian is introduced and the trustees do not object. The laws of the different states bearing on this point differ. In Iowa "neither the electors, the board of directors nor the sub-directors can exclude the Bible from any school in the state." In Missouri, on the other hand, "directors may compel the reading of the Bible." In Dakota "the Bible may be read in school not to exceed ten minutes daily, without sectarian comment." In 1869 the Cincinnati board of education forbade the reading of the Bible in the public schools of that city. An appeal was taken to the courts, and in 1870 the Superior Court of Cincinnati decided against the board of education. In 1873 the Supreme Court of Ohio reversed this judgment and sustained the board of education. In delivering their opinion the judges "held that the management of the public schools being under the exclusive control of directors, trustees and boards of education." It rested with them solely to detei'mine "what instruction should be given and what books should be read therein." 2. The law of Colorado does not specify concerning the reading of the Bible in the public schools, the school boards of the state having the right to specify as to what shall be the practice in the matter. 199. Habitual truant — petition to county court. It shall be the duty of any truant officer or agent of such board of education to petition, and any reputable citizen of the city may petition the county court of the county to inquire into the case of any child of compulsory school age who is not at- tending school, or who has been guilty of habitual truancy, or of persistent violation of the rules of the public schools, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or can not be found in the county, or if their names can not be ascertained, then the name of the guardian, if there be one known, and if there be a parent living whose name can be ascertained, or a guardian, the petition shall show whether or not the father or mother or guardian consents to the commitment of such child to such pa- rental or truant school. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed, the judge of the county court shall have such child named in the petition brought before him for the purpose of determining the applica- tion in said petition contained. But no child shall be commit- ted to such school who has ever been convicted of any offense punishable bv confinement in any penal institution. [3 Mills (Kev.), 40151.'] 200. Hearing — commitment — notice to parent. Upon the filing of such petition the Qlevk of the court shall issue a Avrit to the truancy officer of the district, directing him 213 §§201-202-203 TRUANT SCHOOLS. to bring sucli child before the court; if the court shall find the material facts set forth in the petition are true, and if in the opinion of the court such child is a fit person to be committed to such parental or truant school, to be kept there until he or she arrives at the age of fourteen years, unless sooner dis- charged in the manner hereinafter set forth, subject to the right of appeal as in cases of misdemeanor in th6 county courts. Before the hearing aforesaid, notice in writing shall be given to the parent or guardian of such child, if known, of the pro- ceedings about to be instituted, that he or she may appear and resist the same, if they so desire. [3 Mills (Rev.), 4015m.] 201. Parent or guardian pay maintenance. It shall be the duty of the parent or guardian of any child committed to this school to pay the actual cost of board of such child and provide suitable clothing upon his or her entry into such school, and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing or pay for such board, the same may be provided by the board of education, and such board may have an action against such parent or guardian of said child to recover the cost of such clothing and board, with 10 per cent, additional thereto. [3 Mills (Rev.), 4015n.] 202. Board of education establish regulations for parole. The board of education of such city shall have power to establish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under control of the officer and agents of such school and subject at any time to be taken back within the enclosure of such school by the superintendent or any author- ized officer of said school, except as hereinafter provided; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of education. No child shall be released upon parole in less than four weeks from the time of his or her commitment, nor thereafter until the superintendent of such parental or truant school shall have become satisfied from the conduct of such child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardians, and shall so certify to the board of educa- tion. [3 Mills (Rev.), 4015o.] 203. Monthly report — discharge — recommitment. It shall be the duty of the principal or other person having charge of the school to which such child so released on parole 214 TRUANT SCHOOLS. ■ §§204-205-206 may be seut. to report at least once each month to the superin- tendent of the parental or truant school, stating whether or not such child attends school regularly, and obeys the rules and regulations of such school; and if such child so released upon parole shall be regular in his or her attendance at school, and his or her conduct as pupil shall be satisfactory for a period of one year from date, on which he or she was released upon parole, he or she shall then be finally discharged from the parental or truant school, and shall not be recommitted thereto, except upon petition as hereinbefore provided. [3 Mills (Rev.), 4015p.] 204. Violation of parole — penalty — second parole. In case any child released from school upon parole, as here- inbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall, upon the order of the county court, as hereinbefore provided, be taken back to such parental or truant school, and shall not be again released upon parole within the period of three months from the date of such re-entering; and if he or she shall violate the conditions of a second parole, he or she shall be recom- mitted to such parental or truant school, and shall not be released therefrom on parole, until he or she shall remain in such school at least one year. [3 Mills (Rev.), 4015q.] 205. Incorrigible — committed to reformatory. In any case where a child is incorrigible and his or her influence in such school shall be detrimental to the interests of the other pupils, the board of education may authorize the superintendent or any oflScer of the school to represent these facts to the county court by petition; and the court shall have power to commit said child to some juvenile reformatory. [3 Mills (Rev.), 4015r.] 206. Established in cities over 25,000, under 100,000. The boards of education in cities having a population of over 25,000, and less than 100,000, may establish, maintain and operate a parental or truant school for the purpose herein- before specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as hereinbefore expressed; Provided, That no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a majority vote at some general election, in which case school districts in the same municipality may unite in the establishment and maintenance of one such truancy .school. [3 Mills (Rev.), 4015s.] 215 APPENDIX Forms for the use of School Officers and Teachers NO. 1. OATH OF SCHOOL OFFICERS. (See Sees. 42, 52 and 70.) State of Colorado, ( County of ( I , do solemnly swear (or affirm) that I will faithfully perform the duties of of school district No . , in the county of to the best of my skill and ability; and that I will carefully keep and preserve all rec- ords, books and other property of the said district that may come into my hands, and deliver the same to my lawful succes- sor in office; and, further, that I will support the constitution of the United States and constitution of this state, and the laws of this state, made in pursuance hereof; so help me God. C D [Seal] Subscribed and sworn to before me this day of 190... E F Remarks— The foregoing oath should be taken before a county su- perintendent, notary public, justice of the peace, or some officer duly authorized by law to administer oaths. The county superintendent's oath should be filed with the county clerk within thirty days after his election, and the oath of district officers should be filed with the county superintendent within thirty days after their election. NO. 2. COUNTY SUPERINTENDENT'S BOND. (See Sec. 42.) Know all men by these presents, That we. A B C I) , and E F , of the county of , and state of Col- 219 APPENDIX— FORMS. orado, are held and firmly bound unto the people of the state of Colorado, in the full and just sum of dollars, law- ful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In witness Whereof, We have hereunto set our hands and seals this day of , A. D. 190 . . . The condition of the foregoing obligation is such. That, whereas, the above bounden A B was, on the .... day of , A. D. 190. . ., duly elected (or appointed, if that be the case) county superintendent of schools of the county aforesaid, for the term of ; Now, therefore, if the said A B shall faithfully perform all the duties of said ofiice, according to the laws which now are, or may hereafter be in force, and shall render a just and true account of all money or other prop- erty which may come into his hands or under his control as su- perintendent of the schools of said county, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such county superintendent, then this obligation shall be void; otherwise it shall remain in full force. A B... [Seal] C D [Seal] E F [Seal] Signed, sealed and delivered in the presence of L M O P Remarks — The penal sum named in the bond is to be fixed by the board of county commissioners, but in no case shall the sum be less than ?2,000. NO. 3. PETITION OF PARENTS AND GUARDIANS WHO DESIRE TO FORM A NEW DISTRICT FROM PARTS OF ONE OR MORE OLD ONES. (See Sec. 85.) To County Superintendent of Schools, County : We, the undersigned, residents of district (or districts) No , respectfully represent that we desire to form a new district, with boundaries as follows, viz. : [Here describe the pro- posed bounds, following government lines as far as practicable.] 220 APPENDIX— FORMS. We further declare that, collectively, we are the parents or guar- dians of at least ten children of school age, and we hereby cer- tify that the list of names of persons of school age which is at- tached to and made a part of this petition, is a correct list of all such persons residing in the proposed district. NAME. NAME. NAMES OF PERSONS OF SCHOOL AGE. Remarks — Give postofRce address of some or all signers. The list of children should be carefully filled up by some person interested in the change before the paper is circulated for signatures. NO. 4. ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF MEETING TO FORM NEW DISTRICT. (See Sec. 85.) Office of County Superintendent of Schools, County, Colorado. To C D : You are hereby notified that I have received a petition signed by yourself and others, informing me that you desire to form a new school district of the territory described as follows, to-wit: [Description as above.] In order that the wishes of the residents of said proposed district may be ascertained, you 221 APPENDIX— FORMS. will please notify, by personal service as far as convenient, each elector residing therein, and also post notices in three public places (one of which shall be the place of meeting) that such a petition has been made, and that a meeting will be held, nam- ing the time and place of such meeting, to determine whether such district shall be formed. You will, also, please notify me b}' mail of the time and place of such meeting. Respectfull}^ yours. County Superintendent. Remarks — In the formation of a new district, every step should be strictlj^ in accordance with the law. The notices posted should contain a clear description of the pro- posed district. NO. 5. NOTICE FOR A MEETING TO ORGANIZE A NEW DISTRICT. SCHOOL DISTRICT MEETING. To all whom it may concern: Whereas, It is proposed to organize a new school district in that part of County described as follows, to-wit: [Description.] Notice is hereby given, as per direction of the county superintendent of public schools of said county, that a meeting of the electors residing within the bound- aries aforesaid will be held at on the day of , A. D. 190. . ., at o'clock . . . .m., when a vote will be taken by ballot, on the question whether or not the proposed district shall be organized. If the vote shall be in the affirmative, a board of directors will then be elected. By order of County Superin- tendent of Schools. C D Dated 190... Remarks — After the organization, a copy of the notice and of the proceedings of the meeting should be sent to the county superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote — never less than three hours. If the proceedings were in accordance with the law, the county superintendent should number and record the district, and notify the secretary of his action. 222 APPENDIX— FORMS. NO. 6. BOND TO BE GIVEN BY THE SECRETARY OR TREASURER OF EACH SCHOOL DISTRICT. (See Sec. 70.) State of Colorado, ( County of f Know all men by these presents, That we, A B , principal, and C , D , and E F , sureties, are held and firmly bound unto School District No , in the County of , state of Colorado, in the full sum of dollars, lawful money of the United State, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, exe- cutors and administrators, firmly by these presents. In witness Whereof, We have hereunto set our hands and seals this da v of , A. D. 190... The condition of the foregoing obligation is such, That, whereas, the above bouuden A B was, on the day of . A. D. 190. . ., duly elected (or appointed) Secretary (or Treasurer) of School District No in the county of , and state of Colorado, for the term of Now, therefore. If the said A and B shall faithfully discharge all the duties of said oflSce, according to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys w^hich may come into his hands by virtue of said office, and shall deliver over to his suc- cessor in office all moneys, books, papers and property -in his hands as said officer, within ten days after the same shall have been demanded by such successor, then this obligation shall be void; otherwise it shll remain in full force. A B [Seal] C D [Seal] E F [Seal] Signed, sealed and delivered in presence of . • L M X Y Remarks — The penal sum named in the above bond should be at least twice the amount likely to be in the hands of the officer at any one time during the term of office. The bond must be filed with the county superintendent. 223 APPENDIX— FORMS. NO 7. REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DIS- TRICT TO THE BOARD OF DIRECTORS, FOR THE CALLING OF A SPECIAL MEETING. (See Sec. 72.) To the Board of Directors of School District No , in County, Colorado: The undersigned, legal voters of school district No , in County, Colorado, request you to call a special meeting of said district for the purpose of Dated this day of , A. D. 190. . . NAME, N.4.ME. NO. 8. NOTICE OF SPECIAL MEETING. (See Sees. 72 and 98.) Notice — A special meeting of the legal voters of School District No , in the county of , called on the written request of ten legal voters (or called by the district board, as the case may be), will be held at (the dis- trict school house or other place) on the day of , 190. . ., at o'clock (p. m.), for the purpose of (here specify every item of business that is to be brought before the meeting). A B Posted , 190 . . . Secretary. Remarks — This notice should be posted at least twenty days previ- ous to the meeting, in three separate public places within the district, and a copy furnished to the teachers of each school in the district, to be read once in the presence of the pupils. Business not specified in this notice can never be lawfully trans- acted at such special meeting. 224 APPENDIX— FORMS. NO. 9. NOTICE OF ANNUAL MEETING. (See Sec. 92.) Notice is hereby given, That the annual meeting of the legal \oters of school district No , in the county of , will be held (at the school house or other place) on IMonday, the day of May, 11)0..., for the purpose of electing (one or more) directors, as provided by law. The ballot box will be opened at the hour of m., and closed at the hour of m., and at m. the meeting will be organized for the transiiction of any other busi- ness pertaining to school interests that may be brought before it. Secretary of School District No, County of . . . . Posted April , 190 . . . Remarks — The secretary of the district should give at least six days' previous notice of the regular meetings of the district (see section 92), and should post the notices and furnish a copy to the teachers in the same manner as for special meetings. NO. 10. RECORDING PROCEEDINGS OF A MEETING HELD FOR THE PURP.OSE OF ORGANIZING A NEW SCHOOL DISTRICT. (See Sees. 85 and 86.) 190. On the .... day of 190 . . . , a petition, of which the following is a true copy, was made to X Y county superintendent of public school of County, to-wit : (Here copy the petition.) Where- upon the said county superintendent issued an order, of which the following is a copy, to-wit: (Here insert copy of the order.) In obedience to which order the following notice was posted, as required by section 85 of the school law, to-wit: (Here insert a copy of the notice.) In pursuance of the above notice, the electors of the pro- ])osed new school district assembled at at o'clock . . . m. The meeting Mas called to order by A R and, on motion, C D was elected chairman, and E F secre- tary. On motion, G H was elected to act with the chairman and secretary as judges of election. On motion of K L , the electors began to vote by ballot upon the question of forming a new school dis- 8 225 APPENDIX— FORMS. trict. The ballot box remained open for the reception of votes from .... o'clock . . . m., until .... o'clock . . . m. Upon count- ing the ballots it was found that ballots were cast, of which were in favor of the organization and against. On motion of J K , the meeting proceeded to elect, by ballot, a board of directors. The follow- ing are the names of the persons voting : (Here record the names of persons voting.) The ballot resulted in the election of C D . . . : , president ; E F , secretary, and G H , treasurer, etc., etc. On motion of C . . . . .- D the meeting ad- journed sine die. C D , Chairman. Attest: E F , Secretary. Remarks — A copy of the pi'oceedings should be sent to the county superintendent, together with the certificate of some elector, that the notice of the meeting was posted in three public places, as required by law. The person who posted the notice should sign the certificate of posting. If the district is formed from unorganized territoiT, the secretary must send with this report a certified list of the names of persons of school age residing in the district. A permanent record of the proceedings should be made in the secre- tary's books. NO. 11. RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL MEETING OF THE DISTRICT. The regular (or special, as the case may be) meeting of school district No , in county, Colorado, convened at , at .... o'clock (p. m.), pursuant to previous notice given by the district secretary. The meeting was called to order by the president. The secretary being absent, on motion of Mr. A , C D was elected secretary pro tem. Mr. S moved that a tax of two mills on the dol- lar be voted for the purpose of building a school house for the district. Mr. F moved to amend by striking out "two" and inserting "five," which ■ was agreed to, and the motion as amended was decided in the affirmative. 226 APPENDIX— FORMS. Mr. D moved that a tax of one mill on the dollar be levied for the purpose of defraying the contingent expenses of the district. Motion carried. On motion of Mr. F. . . the meeting adjourned sine die. L M President. Attest: C D , Secretary. Remarks— Forms 10 and 11 are given with a view of assisting the inexperienced. Persons familiar with such duties may vary the form, provided that the proceedings are accurately recorded. Much depends on the record of the proceedings of the district meet- ing; hence it should be correctly made and carefully preserved. Under the law, the voting of a tax for any purpose must be, in each year, "On or before the day designated by law for the county commis- sioners to levy the requisite taxes for the then ensuing year," and school boards certify the same to the county commissioners. NO. 12. COUNTY SUPERINTENDENT'S NOTICE OF APPORTION- MENT TO THE DISTRICT SECRETARY. Office of County Superintendent of Schools, County, Colorado. To A B , your district the sum of dollars, of the general school Secretary of School District No , In County: You are hereby notified that I have this day apportioned to fund, which amount has been placed to the credit of your dis- trict on the books of the county treasurer. County Superintendent. Remarks — This notice should be sent immediately after each appor- tionment. 227 APPENDIX— FORMS. NO. 13 FORM OF TEACHER'S CONTRACT WITH DISTRICT BOARD. TEACHER'S CONTRACT. STATE OF COLORADO. Date : M : At a meeting of the board of directors, held this day of , 190 . . . , you were appointed to teach in the public schools of District No for the terms beginning and ending with the school month of , at a salary of dollars (| ) per school month, payable monthly in warrants on the county treasurer as pro- vided for in sections 73 and 62, school law. The conditions of this appointment are, that you will faith- fully observe the rules and regulations adopted by the Board for the government of the public schools of this district; that you will exercise due diligence in the preservation of school buildings, grounds, furniture, apparatus, books and other school property; that you will make promptly and correctly all reports of the school as required by the county superintendent; that you will keep a correct register and file the same with the pres- ident or secretary of the board or the principal of the school, at the close of the school year as required in section 194 school law; that you will hold a legal certificate of the grade, issued or approved by the county superintendent of County. The board reserves the right to increase or diminish the number of months of school that shall be held during the terms for which you are emploj^ed, by giving at least fifteen days' notice. By the President Attest : . , Secretary. I hereby accept the appointment to teach in the public school of District No , County, on the conditions above stated. Respectfully, Teacher. 228 INDEX Inde: Note — Numbers at right refer to sections of law and constitution; numbers marked "d," to decisions; Roman numerals, to constitution only. ABSENCE— Section, of school officer -works vacancy 73 ACCOUNT— of district funds, county treasurer render statement 60 of each district kept separate by county treasurer 62 of district expenses kept by secretary 75 of warrants issued by district kept by district treasurer 78 of fines, penalties and forfeitures 115 ACCOUNTS— county treasurer keep separate with each district 62 adjourn:ment— school boards — meetings of 71 of district meetings 98 ADMISSION— to county high school IS to union high school 134 to public schools 154 ADULTS— admitted to public schools, when 154 AFFIDAVIT— on appeal to county superintendent — when filed — contents 4, 5 in case of appeals 4, 5. 6 of secretary to census list 56 AGE— of deaf mutes included in school census 56 of pupils in deaf and blind school 6S of voter at school election 93 of children entitled to attend public school 154 of persons in school census 74, 156 school age defined 156 ALCOHOLIC DRINKS AND NARCOTICS— nature and effects of. taught in public schools 1 study of. require hygiene and physiologj" in schools- d. 1 1 study of. enforced by school officers — penaltj- 2 cigarettes— (3 Mills' Rev.. 411 a-411 b). effects of— taught— in public schools d. 2 153 ANIMALS— humane treatment of. taught in public schools 153. 231 INDEX. ANNEXATION— Section, of territory to district 87 ANNUAL. MEETING— for election of members of school board 92 of state board of education 158 ANNUAL REPORT— of county superintendent to state superintendent 50 of county treasurer 60 of district secretary to county superintendent 75 of district treasurer 78 of school board to county superintendent 81 of teacher 194 APPEAL— from district board to county superintendent 3 affidavit , 4 contents of affidavit 5 superintendent notify secretary — transcript 6 notice to parties 7 hearing- appeal— oaths 8 by applicant for certificate to state board 9 from county superintendent to state board— procedure 9 taken within thirty days — transcript 9 president of board may administer oath on 9 decision of board final on 9 when, how and by whom taken d. 1-5 9 from grading examination papers d. 6-8 9 may continue school during pendency of d. 9 9 state board may order certificate issued d. 10 9 from change of boundary d. 11 9 no judgment for money 10 to state board of education by teacher 24 from county superintendent holding child not instructed at home 31 APPEALS— hearing — oaths 8 APPOINTMENTS- of county superintendent in case of vacancy 44 of district director by county superintendent 48, 54 by board in first-class districts 80 of judges and clerks of election in first-class districts 92 of members of high school committee 133 APPORTIONMENT— of general fund— when no report and census list filed 77 of state normal institute fund 114 APPORTIONMENT OF SCHOOL FUNDS— published 53 by county superintendent 57 in July — basis 58 basis of all apportionments 58 according to census 59 when district fails to report census 77 first, after the organization of new district 90 of money from luipaid special taxes due district after division 90 district not having three months school not entitled to 155 to state normal school 166 by superintendent public instruction 184 232 INDEX. ARBOR DAY— Section. See "Holidays." ASSESSOR— See "County Assessor." ASSISTANT LIBRARIAN— See "Librarian." ATTENDANCE— at night scliool— equivalent to half time 30 of pupils— stated in report of board 75 ATTORNEY GENETIAL- member of state board of education IX 1 member of state board of education 157 BALLOT— at meeting- to issue bonds— form 11 for refunding bonds — form of 23 election of school directors by ■ 92 BIBLE— no sectarian tenets taught in school IX 8 directors deterrnine use of, in school d. 1-2 IX S no religious instruction in public school 19S decisions of court in regard to d. 1-2 198 BIENNIAL REPORT— of superintendent of public instruction IV 17 of board of examiners 160 of superintendent of public instruction 183 BLIND— See "Deaf and Blind." BLANK BOOKS— See "Books." superintendent public instruction print and furnish teachers and others... 1S2 BLANK FORMS— See "Forms." BLANKS— for reports, supplied by superintendent public instruction 194 BOARD OF COUNTY COMMISSIONERS— See "County Commissioners." BOARD OF DIRECTORS— See "Directors." BOARD OF EDUCATION— See "State Board of Education." BOARD OP LAND COMMISSIONERS- See "State Land Board." 233 INDEX. BOND— Section. of county superintendent— amount— approval — filing 42 of secretary of school board— conditions— approval— filing 74 of state superintendent— amount— approval— where deposited 180 BONDS— question of bonds submitted to voters ll limitation of bonded debt 11 meeting for voting bonds for school buildings 11 for purchasing ground 11 for funding debt 11 only taxpayers vote 11 by whom issued— when redeemable— interest— where payable 11 petition for meeting — notice — number voters necessary d. 1-6 11 qualifications for voting on bonds d. 7-16 11 county high school can vote bonds d. 17 11 maximum amount issued d. 18-24 11 purposes for which bonds can not be voted d. 25 11 certificates of indebtedness considered loan d. 26 11 ballot box — when opened ' d. 27 11 registry of bonds— recorder's duty 12 special tax — treasurer's duty — county board — cancellation 13 surplus fund may be applied on d. 1 13 issued under territorial laws — redemption of — premium 13, 14 U. S. and state — purchased by district treasurer 14, 15 how kept— proceeds interest coupons — sale 14, 15 change of boundary, not release property from taxes 16 annexed property liable to tax for bonds 16 lands not subject to tax d. 1 16 land subject to tax d. 2-3 16 county treasurer' s fees 17 how executed — countersigned 18 repeal 19 directors refund bonded indebtedness— interest 20 what laws apply to issue and payment — except 21 county board levy tax— treasurer collect 22 submission for refunding— against refunding 23 refund of, voted upon 23 BOOKS— See "Blank Books." used in school — stated in r ejiort of board 75 of secretary open for inspection 76 BOUNDARIES— lines of district changed— not affect bonds 16 of school district— county superintendent make record 55 of new district organized from old 85 BRANCHES— taught, stated in report of board 75 common— may be taught in German and Spanish, when 153 BUILDINGS— bonds for erecting and furnishing school 11 creating debt to erect or furnish 93 general fund not used for Ill for district high school — directors build or lease, when 128 for state normal school, trustees provide 179 BY-LAWS— directors make 80 234 INDEX. CANCELLATION— Section, of district bonds ^^ CANDIDATE— for scliool director in first and second-class districts 93 CENSUS— See "Scliool Census." CENSUS LIST— county superintendent examine, correct 56 basis of apportionment for school fund 58, 59 CERTIFICATE— of secretary to the record on appeal 6 of attendance of child at school 25 CERTIFICATES- state board grant to applicant upon appeal— when 9 grades of— renewal— record 24 first grade, life of— renewal d- 1-S 24 renewal optional with county superintendent d. 9-12 24 endorsement of first grade d. 13-14 24 experience necessary for first grade d. 15-lS 24 duplicates cl- 19-21 24 second grade, life of d. 22 24 second grade, experience not necessary for d. 23 24 second grade, can not be renewed d. 24 24 second grade, can not be changed without examination d. 25 24 third grade, life of d. 26 24 third grade, invalid, when d- 27-28 24 like grade d- 29-39 24 revocation of certificates d. 40-44 24 college diploma not license to teach d. 45-46 24 permits not granted d. 47-48 24 expiration of d. 49 24 from other counties optional d. 50 24 appeals from county superintendent d. 51-59 24 of first class districts d. 60-72 24 temporary 99 granted by county superintendent— when 99 applicant for teacher's, pay fee 112 state normal school diploma is— to teach 173 expiration of, during term 193 necessary to teach— expiration of 193 not required— when 193 renewal of — new 193 CHALLENGE— at meeting to issue bonds H of vote at school election— oath 93 CHILDREN— under fourteen not employed during school hours— exception 25-32 between eight and fourteen sent to school— exception 26 must attend school— exception ^1 employer keep record of school attendance— failure— penalty 32 employer furnish evidence to truant officer 33 truant and incorrigible— juvenile disorderly persons : .... 34 37 commitment of ' school board provide books for indigent. 81 235 INDEX. CHILDREN— Continued. Section. of county attend union high scliool 129 age of, to attend kindergarten 147 CHURCH— appropriation to, from school fund prohibited IX 7 CITIZEN— qualifications of VII 1 wife of naturalized alien is d.l VII 1 CLASSES— of school districts 69 of counties for limiting taxation 190 composed of what counties 191 CLASSIFICATION- of counties fixing compensation of county superintendents 46 CLERKS— of election appointed in first-class districts 92 CLOTHING— furnished indigent children 26 COMMITTEE- of union high school 129 term of members 130 vacancies, how filled : 130 meetings of 131 powers of 132 elections of 135 COMMON SCHOOLS— sections 16 and 36 of each township for support of, En. Act 7 disposed of only by public sale. En. Act 8 COMPENSATION— of county treasurer for collecting special taxes 17 of truant officer 35 of county superintendents 46 of deputy county superintendents 48 of teacher, stated in report of board 75 of secretary school board fix 81 none to members of board, except secretary 81 of deputy county superintendent for holding examinations 99 of secretary of high school committee 130 of trustees of state normal school 175 teacher not dismissed without receiving 193 withheld until register is filed by teacher 194 COMPULSORY EDUCATION— provisions concerning IX 11 unlawful to employ children under 14— except 25 penalty for employing children under 14 25 child must be taught in English d. 1 35 does not apply to deaf and blind d. 2 25 of children— exception— clothing 26 no school within two miles — children exempt 26 applied to ages d. 1-4 26 demands not met by teaching German d. 5 26 236 INDEX. COMPULSORY EDUCATION— Continued. Section. board can not pay for private instruction d. 6-8 26 terms "year" and "court of competent jurisdiction" mean — d. 9 26 does not prohibit being expelled d. 10 26 failure to comply with— misdemeanor — penalty 27 parents can not avoid law by sending child away d. 1 27 duty of school directors to prosecute — penalty 28 duties of directors d. 1-4 28 funds of district used to prosecute d. 5 28 malicious prosecution 29 attendance at night school equivalent to half time 30 children sent to school— exception— appeal 31 applied to district of the first and second classes d. 1 31 does not prohibit pupil from being expelled d. 2 31 parents can not avoid law by sending children away d. 3 31 demands of law not met by teaching German d. 4 31 penalty for employing children under 14 32 minors between 14 and 16 must read and write— duty of employer 33 demands not met by teaching German d. 1 33 truant— juvenile disorderly person, who is 34 school directors must enforce law d. 1-4 34 does not prohibit expulsion of d. 5 34 truant officer- powers— duties— record 35 truant officer— conviction of parent— bond— defense 36 truant officers d. 1 36 funds of district used to enforce d. 2 36 commitment of juvenile disorderly person— term— expense 37 child unable to attend school— relief 38 violation of law— penalty 39 second conviction— penalty— jury trial 40 not apply to district without accommodations 41 CONSTITUTION— Executive Department IV term of office— residence— duties— seat of government IV 1 state officers — election — returns— canvass — contests IV 3 eligibility— first election— thereafter— age— residence IV 4 governor appoint officers— vacancy— election— senate confirm IV 6 governor demands information from officers IV 8 officers keep account of moneys— semi-annual reports IV 16 officers executive department — biennial report— governor transmit. .IV 17 officers receive salary — fees paid into treasury IV 19 superintendent of public instruction, ex-ofllcio librarian IV 20 Suffrage and Election VII citizenship VII 1 wife of alien when naturalized ,. .d. 1 VII 1 universal suffrage VII 2 absence in civil or military service VII 4 privilege of voters VII 5 electors only eligible to office VII 6 qualification of d. 1-5 VII 6 prisoners disqualified — restoration — pardon or full service VII 10 State Institutions VIII charitable institutions established VIII 1 territorial institutions become state— transfer VIII 5 Education IX board of education — members— president IX 1 free schools — one in each district — three months., IX 2 school fund inviolate— state treasurer custodian IX 3 237 INDEX. CONSTITUTION— Continued. Section. county treasurer collect and disburse — warrants IX 4 school fund— of what consists IX 5 when land will escheat to state and become part school fund.d. 1 IX 5 county superintendent commissioner of lands IX 6 aid to sectarian schools, churches forbidden IX 7 school funds not used for teaching- sectarian doctrines d. 1 IX 7 religious test forbidden— sectarian tenets— race — color IX 8 directors determine use of in schools d. 1-3 IX 8 board of land commissioners — members — powers IX 9 public lands— location — sale— disposal IX 10 compulsory education IX 11 university— regents— election IX 12 regents elect president— powers IX 13 regents control university— funds IX 14 school district— board of education IX 15 text books— general assembly nor board shall prescribe IX 16 Revenue X exemption— lots — buildings for worship— schools X 5 church property not taxable— when d. 1 X 5 corporations subject to tax X 10 making profit on public money felony X 13 school board can not loan district money — when d. IX 13 Public Indebtedness XI lending or pledging credit of state, county, city, etc., forbidden XI 1 aid to corporation — int. in— by state, co., city, joint ownership XI 2 loans for school buildings— vote— qualifications XI 7 debt incurred must be by a vote of electors d. 1 XI 7 this article not affect prior obligations XI 9 Offlcers XII embezzlement disqualifies from office XII 4 civil officers— oath XII 8 oath where filed- with whom XII 9 refusal to qualify— vacancy XII 10 vacancy — term of officer — elected to fill XII 11 duel — challenge— disqualifies from office XII 12 Counties XIV former county, county of state XIV 1 officers— compensation XIV 7 clerk and recorder — sheriff — coroner — treasurer — election XIV S vacancies — appointments — governor — county commissioners XIV 9 elector only eligible XIV 10 qualifications to be eligible to office d. 1 XIV 10 not a taxpayer does not disqualify d. 2 XIV 10 classify counties as to fees XIV 15 qualification— ceases to be director — when d. 1 XIV 15 CONTRACTS— See "Public Contracts." CONVICTION— for second violation of compulsory education law 40 CORPORATIONS— taxation for school purposes X 10 COST- of school stated in report of board 75 238 INDEX. COUNTIES- Section. counties of territory declared to be counties of state IV 1 classified for regulating compensation IV 15 for compensation of county superintendents 46 classification of, for limiting rate of taxation 191 COUNTY ASSESSORS— arrange tax schedules— list property on May first 188 COUNTY CLERK— levy minimum rate of tax for school purposes 187 COUNTY COMMISSIONERS— fill vacancy in any county office XIV 9 levy special tax to pay interest on bonds 13 levy tax to pay district bonds 22 fill vacancy in office of county superintendent 44 allow mileage to county superintendent when 46 provide office, supplies, etc., for county superintendent 47 levy high school tax— limit of 126 make appropriation for normal institute— issue warrants 148 levy county school tax— increase minimum rate— levy special tax 186 levy special school tax for ensuing year 188 COUNTY COURT— try parent or guardian of truant child 36 commit juvenile disorderly person 37 inquire into question of truancy on petition 199 clerk of— issue writ 200 commit from truant school to reformatory 205 COUNTY OFFICERS— compensation of XIV 7 election of XIV 8 vacancy in office— how filled XIV 9 qualifications XIV 10 COUNTY SCHOOL TAX— See "Taxes." COUNTY SUPERINTENDENTS— term of office — duties — qualifications — compensation IX 6 ex-offlcio commissioner of lands IX 6 election of XIV 8 vacancy in office — how filled XIV 9 notify secretary of appeal— advise parties of hearing 6-7 administer oaths— decision 8 not render judgment for money 10 keep record of examinations and applicants 24 revoke teacher's certificate — cause for 24 election— term— oath and bond of 42 qualifications d. 1 42 act till successor qualified 43 failure to qualify — vacancy in office — appointment 44 when office becomes vacant 45 classification of counties to regulate salaries 46 compensation of — office hours 47 expenses — how paid d. 1 47 appoint deputy — how paid 48 deputy compensation d. 1-3 4S deputies and assistants — compensation ■ 49 of first class may employ deputy— salary d. 1 49 239 INDEX. COUNTY SUPERINTENDENTS— Continued. Section. annual report to superintendent of public instruction 50 penalty for failure to report 51 administer oaths 52 duties of county superintendent 53 keep record of books furnished school districts 53 public apportionment of school funds 53 sale of school house — when void d. 1 53 separate reports — sent to whom d. 2 53 may teach d. 3 53 duties d. 4-5 53 can refuse examination papers from another county d. 6 53 illegal expenditure of funds— protest— suit to recover d. 7 53 accounts d. 8-10 53 powers d. 11-16 53 appoint directors 54 vacancies on boards — how filled d. 1-6 54 director must reside in district d. 7 54 boundaries of school districts — record 55 prepare map of school district 55 boundaries of district d. 1-2 55 examine and correct census list— ascertain deaf and blind 56 residence defined d. 1-10 56 children's residence— where d. 11-18 56 minors' residence— where d. 19-22 56 renters' residence— where d. 23-26 56 retain residence — how d. 27 56 non-resident— who d. 28 56 apportionment county school fund 57 certify apportionment of school fund 57 notify district secretary of school apportionment 57 transference of funds d. 1-2 57 basis of apportionment of funds d. 3 58 apportionment of school fund — basis 58 basis of apportionment of fund d. 1 58 apportionment 59 apportionment— when and how made d. 1-2 59 maintain suit against county treasurer 61 report blind and deaf persons 68 approve bond of treasurer— file 70 fill vacancy caused by failure to qualify 70 call meeting for organization of new district from old 85 establish and number new district 86 transfer to other districts , 86 annex or detach territory to district 87 annul district and annex territory 89 extend time for opening school in new district 89 divide funds upon formation of new district 90 apportion moneys received from unpaid special taxes to new district 90 hold examination of teachers 99 collect fee from applicant for teacher's certificate 112 forward to superintendent of pulDlic instruction 112 look after fines— penalties and forfeitures— report 115 call meeting of boards of directors of county 121 member of county high school committee— secretary 121 fill vacancy in high school committee 122 call meeting of board to elect high school committee 129 member of union high school committee 129 select committee— add to teacher's standing 148 receipt for and distribute registers and blank books 182 certify to county commissioners to maintain school— basis cf estimate 183 240 INDEX. COUNTY TREASURER— Section. duties in relation to school funds of county IX 4 election of XIV 8 collect special tax— cash — cancel bonds 13 compensation collecting- special taxes 17 countersign district bonds 18 collect taxes to pay bonds— pay to district treasurer 22 duties of 60 keep account of fund of each school district...'. 60 make annual statement of school funds— to whom 60 legal custodian of school funds d. 1-2 60 keep account of school funds d. 3-6 60 penalties— fines d. 7-9 60 certify amount of tax collected and uncollected 61 failure to pay over tax— penalty -. 61 separate account each district — endorse warrants — pay— notice of funds... 62 legal notice d. 1 62 warrants d. 2-11 62 county treasurer cancel all school orders 62a county treasurer render quarterly statement to school board 62b pay orders as registered 63 county treasurer furnish blanks to district board 63a failure to publish call for payment school warrants — misdemeanor 64 fees— school taxes 65 transfer funds of united district 87 retain unpaid special taxes for new district 90 report to county superintendent amount of fines received 100 pay high school tax on warrant 126 endorse rate interest on school warrants 146 custodian of normal institute fund 148 collect county school taxes 186 certify amount of special tax collected— arrange tax schedules 188 COUPON— school district— bonds issued— cancelled 11 COURSE OF STUDY— school board fix SI DEAF AND BLIND— secretary ascertain number blind and deaf 56 Institute located at Colorado Springs 66 body corporate— name— powers 67 blind, deaf or mute attend — county superintendent's report — support 68 attendance not compulsory d. 1 68 DEBT— contract only by vote of electors XI 7 of school district by loan XI 7 meeting for contracting bonded 11 election to contract— who vote 93 DECISION— of county superintendent upon appeal 8 of state board of education upon appeal 9 DEFICIT— in union high school f imd ; 133 241 INDEX. DEPUTY— Section. county superintendent appoint— compensation 48 county superintendent may be employed— compensation 49 DIPLOMAS— of kindergarten teachers 147 state to whom issued 159 classes of— fixed by state board of examiners 160 revoked by state board of education 161 of state normal school grant— evidence 172 license to teach— when annulled 173 no fee 174 DIRECTORS— of school district— number— powers IX 15 name text books for study of alcohol and narcotics 1 enforce law— penalty 2 may appeal from county superintendent 9 issue bonds— interest U dispose of balance of special tax 13 may refund bonded indebtedness 20 examine teachers in dist. first class— grant certificate- report to co. supt. 24 furnish clothing to indigent children 26 prosecute violation of compulsory education law 28 failure to comply with law— penalty 28 in districts of first and second class appoint truant oflBcer 35 county superintendent appoint to fill vacancy 54 board — elected annually in each district — number— classification 69 qualifications of d. 1-5 69 election of d. 6-9 69 classifications of district d. 10-11 69 witness fees not allowed d. 12 69 secretary and treasurer, office distinct d. 13-14 69 qualify in 20 days— oath^treasurer's bond— failure 70 oath of d. 1-5 70 qualify in 20 days d. 6-8 70 vacancies how filled d. 9-11 70 bond of d. 12-14 70 must reside in district d. 15 70 who may be " d. 16 70 hold regular, special or adjourned meetings 71 meeting place — notice d. 1-2 71 call special meeting in district third class 72 purpose of meeting d. 1-10 72 notice of meeting d. 11-17 72 who may call d. 18-19 72 valid though not reported to county superintendent d. 20 72 taxes when illegal d. 21 72 vote of district d. 22 72 two directors transact business d. 23 72 president presides at meetings of school board 73 president signs orders on county treasurer 73 president appears in suit 73 absence beyond 30 days works vacancy 73 orders signed by president d. 1 73 auditing bills against district d. 2-3 73 compensation of secretary. d. 4 73 district warrants d- 5-8 73 suits against district d. 9-10 73 vacancies of teacher, for good cause * 193 DISPLAY— of American flag 103, 104 of other than United States flag— penalty 109, 110 DISTRICTS— failing to maintain a school— no funds IX 2 organization of general provision IX 15 restriction upon indebtedness by XI 7 coupon bonds of, issued U of first and second-class call special meetings to vote on bonds U change in boundary line— not release property from bond tax 15 children in first and second-class must be educated 31 lack accommodations to seat children— compulsory education not apply 41 county superintendent keep record of boundaries of 55 board of directors of different classes— officers 69 classification of 69 special meeting of — in third-class 72 purpose of d- 1-10 72 notice of d. 11-17 72 who may call d. 18-19 72 valid though not reported to county superintendent d. 20 72 taxes when illegal d. 21 72 vote of district d. 22 72 expenses of — secretary keep account of 75 to be bodies corporate — hold property 82 attorney fees — how paid d. 1 82 244 INDEX. DISTRICTS— Continued. Section. change from second to first-class board of directors 83 legal school district 83 first-class organized — when d. 1 S3 legal district— what constitutes 84 organization of— census list of new— unorganized territory 85 how legally organized d. 1-6 85 size of territory d. 7-9 85 twenty children in old district d. 10 85 organization of d. 11-19 85 organization— optional with county superintendent d. 20-26 85 debts, when liable for d. 27-28 85 people vote on free text book d. 29 85 new, how organized— election of directors— persons transferred 8G of first class, how divided 86 two-third vote necessary to organize d. 1-2 86 territory required d. 3-4 86 number left in old district d. 5-7 86 term of office in new district d. 8-10 86 family transferred to another district d. 11 86 county superintendent, discretion of d. 12 86 failure to make annual report d. 13 86 text books — vote of people d. 14 86 appeal from arbitration committee d. 15 86 two or more contiguous— how united » 87 uniting upon petition of legal voters d. 1-9 87 contiguous— when voted upon— notice d. 10 87 debts of detached territory d. 11-12 87 annulment — ground for d. 13 87 transferring of territory d. 14-17 87 annexed territory— census of d. 18 87 joint, organization of 88 territory attached or detached d. 1-3 88 formed by dividing county d. 4 88 elections d. 5 88 who may vote d. 6 88 attached to union high schools in another county d. 7 88 secretary's bond— warrants d. 8 88 annulled by county superintendent— when entitled to public money 89 when new district entitled to school money 89 funds for new 89 school actually commenced d. 1-4 89 failure to open school within six months d. 5 S9 territory attached and detached d. 6-11 89 transfer of general fund d. 12 89 annulment of district d. 13-16 89 when not annulled d. 17-22 89 disposition of fund, when district annulled d. 24-25 89 apportionment of general fund in new district formed from old 90 when new district entitled to share of funds 90 property and moneys of new district formed from old 90 when can not be annulled d. 1 90 teacher's contract <3- 2 90 census list d. 3-4 90 transfer of funds <3- 5 90 take and hold real estate— amount 91 power to condemn d. 1-2 91 belongs to school district d. 3 91 title obtained through individiial d. 4 91 bTiilding on school land d. 5 91 annual election— notice— more than one voting place dist. first-class 69, 92 245 INDEX. DISTRICTS— Continued. Section. candidate for director in first and second-class 93 New section, 3 M. Rev., 1571 96 New section, 3 M. Rev., 1571a 97 of third-class — power of electors 98 high school in first-class and second-class 128 vote to build or lease building for high school 128 having children attend union high school, support 133 contributing to high school— election of committee 135 maintain school three months— failure— no funds 155 third-class, limit for special tax 188 property in on May 1st assessed 188 not reconsider levy of special tax 189 DOCTRINES- not taught in public schools IX 8 DUTIES— of truant officer 35 of county superintendent 53 of high school committee 124 of union high school committee 132 of state superintendent 181, 182, 183 DIVISION— of school funds upon formation of new district — basis 90 EDUCATION— provision for schools IX 2, 3 ELECTION— who entitled to vote VII 1 women entitled to vote VII 2 no person gains or loses right in VII 4 voters privileged from arrest while attending— except VII 5 of county officers XIV 8 no person entitled to vote while in prison VII 10 of county superintendent 42 of school directors— classes of district— ofl^cers of board— by ballot 92 annual— notices posted— publication— ballot 92 annual — place — time — notice d. 1-16 92 polls open three hours d. 17-19 92 judges of d. 20 92 special meeting — notice d. 21 92 tax levy re-considered — when d. 22 82 school board not bound by action of electors— when d. 23 92 moving building — vote d. 24 92 judges of — who shall constitute — qualification of electors 93 to contract debt — who vote — penalty for illegal vote 93 qualifications of electors d. 1-7 93 illegal when d. 8-9 93 judge of election take oath d. 10 93 special d. 11 93 residence of directors d. 12-14 93 elector not a taxpayer can vote— when d. 15-17 93 must be a taxpayer to vote on bonds d. 18 93 who may challenge — oath d, 19-20 93 procuring site for school house d. 21 93 who may be director d. 22-23 93 candidacy when vacancy occurs d. 24 93 counting of votes— tie— special election 94 246 INDEX. ELECTION— Continued. Section. none held at regular time— special called— no notice— void 94 tie vote— special election d. 1-3 94 power of judges d. 4 94 contest question for courts d. 5-6 94 county superintendent fill vacancy— when d. 7 94 old board holds over when d. 8 94 continued meeting— what is d. 9 94 applies to all school elections 95 .sections prescribing manner of conducting d. 1 95 to vote to build or lease building for high school 128 of union high school committee 129, 135 of superintendent of public instruction 179 ELECTORS— qualifications of VII 1 sex no disqualification in school elections VII 1 qualified elector only eligible to civil or military office VII 6 determine amount of indebtedness 11 vote for refunding bonds 23 qualification of sex 93 at election to contract debt 93 qualifications of 96 women vote — qualifications 97 powers of— at meetings— in third-class district 98 who may vote d. 1-3 98 CO. supt. institute proceedings to remove dist. officer d. 4 98 . site of school house determined by d. 5-13 98 building of school house determined by d. 14-24 98 taxes d. 28-30 98 bonds d. 31-315 98 special levy d. 37-45 98 board right to hire teacher d. 46-47 98 free text books— vote of people d. 48-51 98 tuition d. 52-53 98 to establish high school 120 increase of high school tax 12; EXEMPTION— from taxation of what property X 5 EMPLOYER- hiring children under 14 years — proof 32 evidence of attendance or instruction minor employed : 33 EMINENT DOMAIN— district may hold real estate 91 ENABLING ACT— lands for schools 7 seventy-two sections for university 10 school lands, how sold 14 mineral lands excepted 15 ENDORSEMENT— of warrants by county treasurer 62 ENGLISH LANGUAGE— taught in public schools 153 247 INDEX. EXAMINATIONS— • Section. of applicant appeal to state board 9 in district of first class 24 record by county superintendent 24 by county superintendent— other than at county seat 99 by deputy— compensation 99 teachers' high school examination d. 1-4 99 time of examination d. 5-6 99 age of applicant d. 7-10 99 rules governing examination d. 11-12 99 only one set papers can be submitted d. 13-19 99 temporary certificate not granted d. 20-23 99 endorsing certificates d. 24-45 99 superintendent may appoint deputy to hold d. 46-49 99 special certificate for high school d. 50 99 teacher not entitled to pay for time lost attending d. 51 99 state superintendent can not excuse from d. 52 99 failure d. 53 99 eighth grade d. 54 99 answers filed d. 55 99 appeal d. 56 99 for admission to union high schools 132 of kindergarten teachers 147 for state diploma 160 for diploma of state normal school 172 EXECUTIVE COMMITTEE— of normal institutes — how appointed — duties — report — transmit funds ^14S EXEMPTION— from taxation— of what property X 5 EXPENSES— of trial— transportation of juvenile disorderly person— county pay 37 of district— secretary keep account 75 of purchasing and displaying flag 105 of normal institute— how paid 148 of superintendent of public instruction 183 of school paid by special tax— when 186 expiration of certificate during term 193 EXPULSION— of pupils, by school board 81 FACULTY— of state normal school, trustees appoint, remove ...167 FAILURE— of county treasurer to pay over moneys collected 61 FEF— applicant for teachers' certificate — pay 112 registration, for normal institute 148 for admission to state normal school 170 FINANCES— secretary render statement of 76 of school district — treasurer make statement 78 248 INDEX. PINES— Section. to comply with law on alcoholic drinks and narcotics 2 for employing children during school hours— violation 25 director fail to prosecute 27-28 of employer failing to compel instruction of minor In employ 31-33 for violation compulsory education law 39 for failure of county superintendent to report 51 of county treasurer to pay over tax 61 for failure to publish call for payment of school warrants 64 of secretary to make report 75 of treasurer to perform duties — turn over moneys 78 for superintendent or officer failing to perform duties 79 collected by justice of the peace— payable to school fund 100 county treasurer to render statement 101 applj' to those in office 102 for displaying other than U. S. flag 110 for violation of school law— injunction— mandamus contempt where paid. ..115 for being interested in contract 150 for failure to levy school tax 1S7 for teaching without certificate 193 for failure to file register 194 FLAGS— may be purchased— displayed— when 103 directors to purchase and display U. S. flag d. 1 103 each department keep flag— size 104 expense and care of 105 applies to all institutions 106 injury to 107 superintendent public instruction publish act 108 display of— other than U. S.— exception 109 violation 110 FORFEITED- money by any district 60 FORFEITURES— for violation of school law— where— county treasurer place credit 115 for failure to maintain school 115 FORMS— state superintendent print and furnish 182 for making reports— printed with school law 182 for reports supplied by superintendent public instruction 194 oath of school officers No. 1 county superintendent bond No. 2 petition to form new district No. 3 order directing notice of meeting to form new district No. 4 notice of meeting for organization of new district No. 5 bond of district treasurer or secretary No. G request for special meeting by ten legal voters No. 7 notice of special meeting No. 8 notice of annual meeting No. 9 record of meeting for organization of new district No. 10 record of regular or special meetings No. 11 notification of apportionment by county superintendent No. 12 teachers' contract No. 13 FUNDS— can not be transferred to other fund IX 3 custodian — state treasurer IX 3 249 INDEX. FUNDS— Continued. Section. how distributed among counties IX 3 how invested — loss — how supplied IX 3 of public school— interest only expended IX 3 public school fund of the state IX 3 of county and school district — how collected and disbursed IX 4 of public school — from what derived IX 5 public school fund of the state IX 5 contribution to sectarian institutions prohibited IX 7 of university — regent control IX 14 making of profit forbidden public officers X 13 embezzlement of — makes person ineligible to hold office XII 4 floating debt— bonds for 11 county superintendent apportion general school fund of county 57 basis of apportionment 58 county treasurer makes annual statement of 60 treasurer publish statement of district 70 apportionment of general — when — annual report and census list are filed.. 77 of united district county treasurer transfer 87 division of upon formation of new district 90 to new district 90 city treasurer pay over all moneys in school .■ 101 general school funds not used for building purposes, etc Ill legal use of general fund d. 1-3 HI illegal use of school funds d. 4-10 111 for what purposes special funds may be used d. 11-13 111 two schools of 5 months in district does not meet requirement. d. 14 111 money not turned into general fund d. 15 111 normal institute fund • 112 applicant for teacher's certificate pay fee 112 fee — when not required d. 1-2 112 fee— to whom paid ■ d. 3-4 112 fee for duplicate certificate d. 5 112 state normal institute fees turned into treasury 113 apportionment of nornnal institute fund 114 forfeiture of by district— when 115 penal, paid to county treasurer 115 items of 115 duties of county treasurer in regard to d. 1-3 115 duties of county superintendent in regard to d. 4 115 disposition of fines d. 5-7 115 not loaned or invested 116 officers not loan 117 no benefit from deposit 118 penalty 119 for union high school — deficit 133 special school, for maintaining kindergartens 147 state norm.al fund 163, 166, 167 for state normal school, general assembly approves 177 amount of state school 183 apportionment of 184 distribution 184 FURNITURE— school board provide 81 GENERAL ASSEMBLY— appropriate funds for state normal school 177 GENERAL SCHOOL FUND- See "Fund." 250 INDEX. GERMAN- Section, taught in public schools— when 153 GOVERNOR— issue proclamation for Arbor Day 145 appoint trustees of state normal school 165 GRADES— of certificate by county superintendent 24 GROUND— bonds for purchasing- school H for state normal school— trustees provide 168 GUARDIAN- of truant child fined— imprisoned 3S GYMNASTICS— taught in public schools— when 153 HEARING— See "Appeals." HIGH SCHOOLS— county high schools 120 in counties of fourth and fifth class— organized how 120 site d. 1 120 vote on petition to organize d. 2 120 school district issue bonds d. 3 120 certificate necessary to teach in d. 4 120 vote by proxy to establish d. 5 120 county high school annulled d. 6 120 committee— how selected— officers 121 county superintendent has vote— need not give bond d. 1-2 121 selecting high school committee co. supt. has no vote d. 3 121 principal no authority over county schools d. 4 121 term of office — vacancy— how filled 122 expiration of office d. 1-2 122 meetings of committees 123 twenty days notice of special meeting d. 1 123 powers— duties— limit of tax 124 law independent of union high school law d. 1 124 powers of committee d. 2-8 124 school district has power to issue bonds d. 9 124 principal of — can not be county superintendent d. 10 124 union high school entitled to what funds d. 11 124 special certificate to teach in d. 12 124 warrants not drawn till levy made d. 13 124 county high school admission— tuition fee 125 county high school— how supported _. .d. 1 125 tax— commissioners levy— collected 126 union high school entitled to what funds d. 1 126 levy for library d. 2 126 not exempt from levy— when d. 3 126 increase of tax levy 127 tax supporting county high school d. 1 127 act of '07 amending above law Sees. 1-4 127 high school in district first and second class 128 organization— building— leasing 128 district high school defined d. 1 128 branches in third class district d. 2 128 tuition— when required '. d. 3 128 union high school— how established— committee of— open to whom 129 251 INDEX. HIGH SCHOOLS— Continued. Section. how establislied d. 1-4 129 fund entitled to d. 5 129 county high school law does not repeal d. 6 129 not exempt from county high school tax d. 7 129 liability for indebtedness ...d. 8 129 committee — term — vacancies 130 additional oath not necessary d. 1-2 130 meetings 131 powers of committee 132 has right of body corporate d. 1 132 powers of board not increased — when d. 2 132 maintenance— deficit 133 apportionment of school fund d. 1-2 133 dist. high sch. tax does not exempt co. high sch. tax d. 3 133 tuition not paid from district funds d. 4 133 40 weeks — who may be admitted 134 pupil not draw money for common and high school d. 1 134 when tuition is required d. 2 134 every district contributing has voice in election 135 union high schools in county — fourth and fifth classes — organized 136 how organized d. 1-2 136 how supported— annual levy — building 137 addition— outlying district 138 no conflict 139 school board — how constituted — election 140 committee d. 1-3 140 qualification to enter — course of study 141 HIGH SCHOOL COMMITTEE— See "High School." HIGH SCHOOL FUND— See "Fund." HIGH SCHOOL TAX— See "Tax." HOLIDAYS— school year— month— week— day— national holidays 142 what constitutes a legal holiday ...d. 1-S 142 teacher entitled to salary for legal holiday d. 9-17 142 year d. 18-19 142 time to hold organization d. 20-21 142 hour's intermission d. 22 142 Arbor Day, third Friday in April 143 how observed in schools 144 legal holiday d. 1-2 144 governor issues proclamation, report of county superintendent 145 Colorado day 145 a-145 b Columbus day 145c HUMANE TREATMENT OF ANIMALS— to be taught in public schools 153 HYGIENE— taught in public schools 153 ILLEGAL— voting punished 93 252 INDEX. IMMORAL— Section, books, papers, etc., excluded from schools and libraries SI INDEBTEDNESS— limit of bonded ^^ of school district refunded— new bonds issued in payment of 20 INDIGENT— parent or guardian— officer report 2° INSPECTION— secretary's books open for '° INSTITUTE'S— See "Normal Institutes." INSURE— school houses— school board may SI INTEREST— of public school fund only expended IX 3 on school district bonds H on bonds— special tax levied to pay 13 on United States and state bonds 15 on refunding bonds— on new bonds 20 on school warrants — when cease 6- rate of— on school orders and warrants— endorsement 146 INDEBTEDNESS— of school districts— restrictions XI 1 JOINT DISTRICT— See "Districts." JUDGES OF ELECTION- administer oath H in first class district 92 president, secretary and treasurer of school board act as 93 administer oath to challenged voter • 93 count— declare results— transmit report 94 JUDGMENT- state superintendent or county superintendent not render for money 10 JUSTICE OP THE PEACE— report amount of fines collected payable to general school fund 100 JUVENILE DISORDERLY PERSON— who is 34 commitment of 37 KINDERGARTENS— school board may establish and maintain— age of children 147 part of public school system— teachers have diplomas 147 certificates d. 1-6 147 LAND BOARD— See "State Land Board." LAWS— of state issuance of school district and refunding bonds 21 INDEX. LEVY— Section. See "Taxes." LIBRARIAN— ex-ofRcio — superintendent of public instruction IV 20 assistant— appointment— duties— salary _ 185 LIBRARY— number of volumes in and amount raised for— stated in report of board... 75 immoral books, etc., excluded from school 81 directors may levj' special tax for 188 LICENSE— see "Certificate." LIMIT— of bonded indebtedness '. 11 of tax certified by high school committee 124 of taxes for county school purposes 186 of special tax in third-class district 188 of levy of taxes for school purposes — none 192 LOSS— of any part of public school fund IX 3 to school district by neglect of treasurer 78 LOTS— general fund not used for Ill MAINTENANCE— of union high school — length of school year 133, 134 of kindergartens— special school fund 147 MALICIOUS PROSECUTIONS— under compulsory education law 29 MAP— of boundaries of district— county superintendent prepare '. 55 MEETINGS— for contracting bonded debt— special first and second-class districts 11 board of directors — regular, special or adjourned 71 special in district of third class— petition— notice 72 of school board and district — president preside over 73 secretary record proceedings of 74 secretary give notice of 75 • to vote upon free text-books 81 for organization of new districts 86 for uniting districts 87 of electors in third-class district — officers 98 of boards of directors of county 121 of high school committee 123 of high school committee — special 131 of state board of education 158 MISDEMEANOR— persons employing children during school hours— guilty of 25, 27 failure to publish call for payment of school warrants 64 superintendent or officer failing to perform duty— guilty of 79 254 INDEX. MILEAGE— Section, of county superintendent — county commissioners may allow— exception 46 MONEY— amount of — received— expended, etc.,.lDy school board 75 MONTH— school— wliat constitutes 142 MUTES— See "Deaf and Blind." NARCOTICS— See "Alcoholic Drinlis and Narcotics." NEGOTIABILITY— of school district bonds 12 NON-RESIDENTS— admitted to deaf and blind school ijS admitted to public schools— when 154 NORMAL DISTRICTS— number of— boundaries 148 NORMAL INSTITUTE FUND— See "State Normal Institute Fund." how created — how disbursed 148 state normal institute fund 113, 114 state divided into districts, classification of county— who conduct 148 expenses of— how paid — registration fee 148 appropriation by county commissioners .' 148 number of — boundaries 148 where held — when — conductor — instructor 148 five per cent, credit for attendance at d. 1-7 148 session of d. 8 148 teacher not paid for attendance d. 9 148 pay for services as conductor d. 10 148 time and place of — how determined ' d. 11 148 certificate not endorsed d. 12 148 fee d. 13 148 meeting of committee — by whom called d. 14 148 attendance of county superintendent at district normal not compulsory d. 15 148 NOTICE— by county superintendent of appeal 6 to adverse parties upon appeal 6 of meeting to submit subject of contracting debt— secretary give 11 to director of violation of compulsory education law 28 of funds to pay warrants 62 for presentation of school order for payment 63 of special meeting in district of third class 72 of meetings— secretary give 75 of meeting to organize new district from old 85 of meeting to unite district 87 of annual election — how and where posted 92 publish — failure to give ' 92 of intention to be candidate for director — publication of 93 of special election — failure to give 94 255 INDEX. NOTICE— Continued. Section. of examination by county superintendent ; » 99 of meeting- to fill vacancy in high school committtee 122 of examination for state diploma 160 thirty days before revocation of state diploma 16l to county superintendent of apportionment of state school fund 184 OATH— upon appeal '. 8 president of state board of education administer 9 administered to challenged voter U of county superintendent 42 county superintendent administer to directors, etc 52 of directors — filed "^0 of challenged voter 93 of office — trustees of state normal school take 165 of state superintendent of public instruction 180 OFFICE— of county superintendent— commissioners provide 47 kept open when 47 OFFICER— of school— failing to enforce act 2 person convicted of embezzlement, is not eligible to office XII 4 subscribe oath to support constitution XII 8 failing to qualify oflBce becomes vacant XII 10 elected to fill vacancy— term expires XII 11 no person fighting duel, etc., hold office XII 12 duty— failing or refusing to perform 79 not interested in public contract 149 not deal in warrants 151 OFFICE SUPPLIES— of superintendent of public instruction 183 OFFICERS- certain officers file oaths of office with secretary of state XII 9 of board of directors— term— powers 69 of new district from portions of old 86 of county high school committee 121 of union high school committee 129-130 OFFICIAL BOND— See "Bond." OMISSION— of county commissioner to levy school tax 187 ORDERS— See "Warrants." ORGANIZATION— of board of directors in first-class district 69 of new district from old 85-8C of joint district ^^ PARENTAL OR TRUANT SCHOOLS— See "Truant Schools." 256 INDEX. PETITION— Section. of voters to submit question of bonded debt 11 of special meeting in district of third class 72 for organization of new district 85 to annex or detach territory to district 87 to submit question of county high school— contents 120 to commit child to truant school— contents— verification 199 PENALTY— See "Pines." > PERSONAL PROPERTY— school board hold in trust 81 PERSONS— of school age stated in report of board 75 PLACE— of holding annual election 92 of holding normal institutes 148 POWERS— of truant officer 35 of directors in district of first and second class 69 of directors to make by-laws 80 of election in district of third class 98 of high school committee 124 of directors over district high schools 128 of union high school committee 132 PREMIUM— on district bonds issued under territory 14 PRESENTATION— of school orders for payment 43 PRESIDENT— of directors sign bond 18 administer oath to directors 70 preside at meetings of school board and district 73 sign orders on county treasurer— appear in suits 73 of school board act as judges of election 93 of trustees of state normal school— duties 171 PRESIDENT OF STATE AGRICULTURAL COLLEGE— member of board of examiners 160 PRESIDENT OF STATE BOARD OF EDUCATION— administer oaths upon appeal— render decision 9 PRESIDENT OF STATE NORMAL SCHOOL— assist in fixing time and place of holding normal institutes 148 member of state board of examiners 160 sign report •. 178 PRESIDENT OF STATE SCHOOL OF MINES— member of board of examiners 160 PRESIDENT OF STATE UNIVERSITY— member of board of examiners 160" 9 257 INDEX. PRINCIPAL- Section, of state normal school, member of examining board 172 PRINTING— of school laws — how paid 182 registers and blank books— how paid 182 PROPERTY— annexed to district liable to bond tax 16 of new district formed from old 90 PUBLICATION— of call of payment of school warrants— failure— penalty. 64 of statement of district funds in first-class district 70 of notice of annual election 92 PUBLIC CONTRACTS— officers not interested in 149 directors not make contract with board d. 1-4 149 school board let contract to husband of director d. 5 149 penalty 150 officer dealing- in warrants— penalty 151 PUBLIC INDEBTEDNESS— restrictions concerning XI 1-2 PUBLIC INSTITUTIONS— educational— supported by state VIII 1 what are educational VIII 5 PUBLIC MONEYS— embezzlement of — makes person ineligible to hold office XII 4 PUBLIC SCHOOL INCOME FUND— See "Funds." PUBLIC SCHOOL— age of pupils who may attend IX 2 at least three months school in each district IX 2 providing for establishment and maintenance of free IX 2 no sectarian doctrines taught in IX 8 no distinction of race or color in IX 8 attendance at night 30 number of— stated in report of board 75 school board exclude immoral books, etc., from 81 school board fix time for opening and closing 81 public— defined 152 what constitutes d. 1-4 152 summer school d. 5 152 taught in English language — Spanish — German 153 humane treatment to animals 153 German when taught d. 1-2 153 certificates— special teachers d. 3 153 public — open to children of school age 154 who entitled to privileges d. 1-4 154 maintain organizations d. 5-7 154 director's power d. S-10 154 vaccination authorized by county board of health d. 11 154 electors vote to erect teacher's residence d. 12 154 term lengthened by private subscription d. 13 154 j by private subscription d. 14-15 154 i 258 INDEX. PUBLIC SCHOOL— continued. Section. building where situated d. 16 154 must be maintained ttiree montlis— failure 155 maintain organization — entitled to fund d. 1-5 155 held where d. 6 155 PUNISHMENT— of illegal voting 93 PUPILS- no distinction of — in public school IX 8 number in school— number enrolled— attendance stated in report of board. 75 school board require to be furnished with books 81 suspend or expel — exclude under six years 81 admitted from adjoining district 81 QUALIFICATIONS— of electors VII 1 of elector for any civil or military office VII 6 religious test or qualification prohibited IX 8 of county officers XIV 10 to issue bonds 11 of teachers 24-99 of voters at school election 93 at election to contract debt 93 for admission to district high school 128 for admission to union high school 132-134 for conductor or instructor of normal institute 148 of applicant for state diploma 159-160 for admission of students to state normal school 169-170 QUESTIONS— for examination of teachers prepared by state superintendent 24, 181 REAL ESTATE— school board hold, in trust 81 district take and hold, amount 91 RECOMMENDATION— of state board examiners 160 of state superintendent of public instruction 183 RECORDER— of county register bonds 12 RECORDS— of transactions of truant officers 35 of county superintendent's office open to inspection 53 of organization of new districts 86 REDEMPTION— of bonds— manner 13-14 of refunding bonds— of new bonds 20 REFUNDING— bonded indebtedness of school district 20 REGENTS OF UNIVERSITY— election— term of office— body corporate IX 12 shall elect president— term of office — duties «.; IX 13 shall have control of funds of university IX 14 259 INDEX. REGISTERS— Section. state superintendent to print and furnish 182 teacher keep daily— file with secretary 194 additional— kept by teacher 194 REGISTRATION FEE— See "Fee." REGISTRY— of school district bonds— when— how 12 RELIGION— instructions in not to be given in parental or truant school 198 inmates of such school may receive training in 198 RELIGIOUS SERVICE- ■ teachers and students not required to attend IX 8 REMOVAL— of officer of teacher— when 150 RENT— school houses— school board may 81 REPAIR— school houses — school board may 81 REPORT— See "Biennial Report." of certificates g-ranted by directors of first-class districts 24 annual of county superintendent 50 penalty for failure of county superintendent to make 51 secretary to preserve copies of 74 make annually — what contain 75 of school board — annual 81 to state superintendent 81 of election — ^judges make and transmit 94 of fines collected by justice of peace 100 of county treasurer of amount of fines received 101 county superintendent make annual of Arbor Day 145 of trustees of state normal school contents — verification 178 RESIDENCE- of an unmarried person 56 residence defined d. 1-10 56 children's residence— where d. 11-18 56 minors' residence— where d. 19-22 56 renters' — when resident d. 23-26 56 retain residence— how d. 27 56 non-resident — who d. 28 56 REVOCATION— of certificate by county superintendent 24 of state diploma 161 RULES— of state superintendent— board enforce 81 of meetings in third-class districts 98 state board of education adopt 158 260 INDEX. SALARY— Section. of county superintendent 45 of faculty of state normal school 167 of assistant state librarian 1S5 SCHOOL— See "Public School." SCHOOL AGE— defined • • • 156 SCHOOL BOARDS— See "Directors." SCHOOL BUILDINGS— See "Buildings." SCHOOL CENSUS— secretary take annually— forward to county superintendent 74 copy for districts of first and second class 74 of new district 85 basis of division of school funds in new district 90 defined 156 who included in d. 1-10 156 who excluded from d. 11-12 1.56 SCHOOL DAY— what constitutes 142 SCHOOL DISTRICTS— See "Districts." SCHOOL FUND— See "Funds." SCHOOL FURNITURE'— See "Furniture." SCHOOL FOR DEAF AND BLIND— See "Deaf and Blind." SCHOOL GROUNDS— creating debt to purchase 93 district may hold real estate 91 SCHOOL HOUSES— number and value stated in report of board 75 school board may rent, repair, insure, build or remove 81 of new district formed from old 90 site of— fixed by electors in third-class district 98 sale of — by electors in third-class district 98 SCHOOL LANDS— sections 16 and 36 are En; Act 7 seventy-two sections for university En. Act 10 how sold— price '• En. Act 14 mineral lands excepted En. Act 15 261 INDEX. SCHOOL LAWS— Section. published by superintendent of public instruction 182 how distributed 1^2 SCHOOL LOTS— See "Directors and Electors." exempt from taxation X 5 directors purchase or sell — where 81 directors may hold— when 91 SCHOOL MONTH— See "Month." SCHOOLS— See "Public Schools." SCHOOL YEAR— See "Tear." SEAL— of district attached to bonds 18 ■ of trustees of state normal school 164 SECTARIAN INSTITUTIONS— appropriations to, from school fund prohibited IX 7 SECRETARY OF HIGH SCHOOL COMMITTEE*— give notice of meeting 122 SECRETARY OP SCHOOL BOARD— See "Secretary." SECRETARY— See "Directors" and "Elections." file transcript in office of county superintendent— certify it 6 ascertain number of blind and deaf mutes 56 preside in absence of president 73 give bond — conditions — approval — where filed 74 duties of 'ii, 75, 76 failure to file report and census list 77 school board to fix compensation 81 give notice of annual election — failure 92 publish or post notice of candidates for directors 93 act of judges of election 93 furnish ballots 93 SECRETARY OF STATE NORMAL SCHOOL— sign report 178 SECRETARY OF TRUSTEES— of state normal school — bond — duties 171 SECRETARY OF STATE— member of state board of education 157 SEX— right of suffrage to women of lawful age VII 2 no disqualification to vote at school election 93 SPANISH— taught in public schools— when 153 262 INDEX. SPECIAL BUILDING FUND— Section. See "Funds" and "Special Tax." SPECIAL SCHOOL TAX— See "Special Tax." SPECIAL TAX— to pay interest on bonds— cash 13 amount of— for support of schools, etc 75 to pay school expenses — when commissioners levy 186 directors certify amount commissioners levy — payable in cash 188 not reconsider levy of 189 STATE AUDITOR— approve bond state superintendent of public instruction 180 draw warrant for printing school laws 182 draw warrant for state school funds 184 STATE BOARD OF EDUCATION— who shall constitute — powers— duties IX 1 not prescribe text books IX 16 appeal to, from county superintendent 9 not render judgment for money 10 who shall constitute 157 meeting and powers of 158 grant diplomas 159 experience required before taking state examination d. 1 159 grades— how applied d. 1-2 159 state diplomas— granted how— classes 160 certificates from other states d. 1 160 state diploma revoked by 161 STATE BOARD OF EXAMINERS— who constitutes 160 STATE BONDS— See "Bonds." STATE BOARD OF LAND COMMISSIONERS— who constitute — powers IX 9 duties of— general assembly provide for sale IX 10 general provisions governing 162 STATE DIPLOMAS— See "Diplomas." STATE NORMAL INSTITUTE FUND— how constituted 113 apportioned— used 114 STATE NORMAL SCHOOL— established at Greeley 163 trustees— corporate powers— seal 164 governor appoint trustees^oath— term— supt. pub. inst. member... 165 part of public school system— apportionment of funds 166 powers of trustees 167 grounds— buildings— apparatus 168 qualifications for admission— examination 169 open to residents of the state— other persons— fees 170 officers of board— duties— bond ; 171 diplomas— examination — graduation 172 263 INDEX. STATE NORMAL SCHOOL— Continued. Section. diploma license to teach— license annulled 173 registration of normal school diploma d. 1 173 no fee for diploma 174 no fee for registration d. 1 174 compensation of trustees 175 board receive and hold money and property 176 funds and revenues apportioned 177 report of trustees— contents— verification 178 STATE' SCHOOL FUND— See "Funds." STATE SUPERINTENDENT OP PUBLIC INSTRUCTION— See "Superintendent of Public Instruction." STATE UNIVERSITY- regents of— terms IX 12 president of— ex-ofHcio member of— duties IX 13 duties of board of regents IX 14 STUDENT— qualifications for admission to state normal school 169 sign statement to teach in public schools 170 STUDY- See "Course of Study." of alcoholic drinks and narcotics 1 course of, in state normal school 167 SUFFRAGE- See "Election." eligibility to office VII 4 SUITS— to recover fines, penalties and forfeitures 115 SUPERINTENDENT OF PUBLIC INSTRUCTION— executive department consist of whom IV 1 when chosen : . IV 3 who eligible IV 4 vacancy how filled IV 8 ex-oflficio state librarian IV 20 president of state board of education IX 1 member of state board of land commissioners IX 9 take oath to support constitution XII 8 direct apportionment of general fund — when 77 publish fiag act with school law 108 pay examination fees to state treasurer 113 apportion state normal institute fund 114 promote observance of Arbor Day 145 certify to state auditor number of persons attending normal institute 148 assist in fixing time and place of holding normal institute 148 president state board of education 157 president state board of examiners 160 member board of trustees state normal school 165 fix bond for secretary state normal school 171 member of examining board of state normal school 172 may annul license to teach 173 when elected— term 179 oath and bond 180 264 INDEX. SUPERINTENDENT OF PUBLIC INSTRUCTION— Continued. Section. office — duties — powers 181 no right to compel county superintendent to grant petition — d. 1 181 take no part in organizing district d. 2 181 furnish registers and blanlv books 182 approve bills for printing school laws 182 certify to state treasurer for blanks 182 publish school laws 182 supervision of county superintendent and public schools 182 no power to remove members of district board d. 2 182 powers in regard to certificates d. 3-12 182 biennial report— visits— expenses 183 governor may require information of 183 apportionment of school fund — certify 184 two apportionments by d. 1 184 assistant librarian— salary 185 SUSPENSION— of pupils by school board 81 TAX— See "Special Tax." to pay principal of bonds— inter est 13 amount of— fixed by electors in third-class district 98 limit of amount of — certified to county commissioners 124 limit of levy for high school— collection— paid out 126 levy for high school increased 127 no increase beyond legal rate to provide for truant school 196 TAXATION— what property exempt X 5 no limit of rate for school purposes 192 TAXES— to pay bonds— commissioners levy 22 county treasurer certify amount collected and uncollected 61 county commxissioners levy county school— basis— limit 186 county school, paid in cash 1S6 apportionment of 2 mill levy d. 1 186 duties of county commissioners in regard to levy d. 2-4 186 legal custodian d- 5 186 special fund— how used d. 6-9 186 funds of first-class districts d. 10 186 commissioners no authority to change levies— when certified.. d. 11 186 tax not voted— commissioners levy when d. 12 186 directors not exercise powers of electors d. 13 186 new levy in consolidation— when d. 14 186 warrants drawn— when d. 15 186 special tax — when voted d. 16-17 186 county clerk must levy— officers failing— forfeitures 187 for library— special school fund 188 certify special 15-mill limit d. 1-7 188 school fund not used for singing school d. 8 188 levy for libraries d. 9-10 188 constitutional prohibition d. 11 188 special levy in first and second-class districts d. 12 188 special taxes collected on range stock— when d. 13 188 can not change school tax of resident d. 14 188 new levy upon consolidation d. 15 188 when warrants drawn .' d. 16 188 basis of estimating maximum of bonds d. 17 188 265 INDEX. TAXES— Continued. Section. levy not to be reconsidered 189 levy can not be changed d. 1-7 189 county classified for limiting tax levy 190 classification of counties 191 limit of levy 192 TEACHERS— number employed stated in report of board— amount paid 75 school board determine number 81 board require to conform to law 81 employed and discharged by school board 81 examination of 99 pay examination fee 112 of kindergarten— have diplomas 147 examination of, for state diploma 159 granted state diplomas 159-160 must have license— expiration— proviso 193 dismissal of— for cause only 193 license of — qualifications d. 1-6 193 contracts of d. 7-25 193 no compensation without license d. 26-30 193 salary d. 31-50 193 employment of d. 51:57 193 special subjects required of d. 58-63 193 dismissal of d. 64-73 193 ■ certificate, expiration of d. 74-76 193 certificate, endorsement of d. 77 193 authority over pupils d. 78 193 pupils, admittance to grade , d. 79 193 janitor work not required of d. 80 193 married women may teach d. 81 193 relatives of directors may teach d. 82-83 193 husband and wife teach in same school d; 84 193 teacher keep register— statistics— blanks .-.194 notify county superintendent of beginning and close of term 194 reports — forfeiture of salary upon failure d. 1-4 194 jurisdiction of d. 5-12 194 duties of d. 13-16 194 special teacher d. 17 194 directors power over pupil and teacher d. 18 194 dismissal of d. 19 194 physician's certificate not required of d. 20 194 no appeal on unaccepted papers from another county d. 21 194 TEACHERS' NORMAL INSTITUTES— See "Normal Institutes." TERM— of office of county superintendent 42 of office of school directors and oflacers 69 of office of directors appointed first-class districts 80 of school fixed by school board 81 of office of directors in new district 86 of office of high school committee 122 of office of union high school committee 130 of school year of union high school 134 of office of trustees of state normal school 165 of office of superintendent public instruction 179 TERRITORY— annexed to or detached from district 87 266 INDEX. TESTIMONY— Section. taken upon appeal from directors 8 none taken upon appeal from county superintendent 9 TEXT BOOKS— prohibition in regard to IX 16 when furnished free SI school board designate kind— not change — exception SI TIE— vote at regular election 94 TIME— of holding institutes 148 TRANSCRIPT— of record upon appeal to county superintendent 6 of proceedings before county superintendent 9 TREASURER OF SCHOOL BOARD— of school district advertise— pay district bonds 13 purchase territorial bonds— premium 14 invest funds in United States bonds— record 14 collect interest coupons — turn over proceeds 15 failure to publish call for school warrants— misdemeanor 64 give bond— publish statement of district funds in first-class district 70 countersign and keep account of warrants 78 take charge of moneys — pay same out 78 render statement— failure to perform duties 78 act as judge of election 93 TRUANT— habitual to be brought before county court 199 committed to parental or truant school — appeal 200 expense of, how paid 201 TRUANT OFFICER— directors in first and second-class districts appoint 35-36 compensation — powers — duties — record 35-36 make complaint to county court 36 report indigent parents or guardian 38 duty under parental or truant school act 199 TRUANT SCHOOLS— no religious test IX 8 parent of truant child fined- imprisoned 36 to be established when— where 195 building— site — location— no increase of levy 196 duty of board of education to furnish— of city where established 196 powers and duties of officers- course of instruction — teachers 197 no religious instructions in— regulation 198 directors determine use of Bible in school d. 1-2 198 child committed to— by county court on petition 199 parent notified of proceedings to commit to 199 hearing— commitment— notice to parent 200 parent or guardian pay maintenance 201 board of education make rules for parole 202 discharge — re-committment— monthly report -03 violation of parole— re-committed 204 incorrigible child committed to juvenile reformatory 205 established in cities over 25,000, under 100,000 206 267 INDEX. TRUSTEES— Section. of state normal school — number — powers 164 governor appoint — term of office — oath 165 superintendent of public instruction— member 165 appoint faculty — powers 166 provide grounds — buildings — apparatus, etc 167 prescribe qualifications of students 168 elect president — bond of secretary 170 compensation of 174 receive and hold money 175 report of 178 TUITION— school board determine rate for non-residents Si TUITION FEE— not exacted from resident of county for high school 125 UNION HIGH SCHOOL— See "High School." UNITED STATES BOND— See "Bonds." VACANCY— in office of county superintendent — how filled 45 of school directors — how filled 54 of school director 70 in board of directors — absence may work 73 in boards of first-class districts 80 in judges of election— how filled 93 in high school committee— how filled 122 of union high school committee— how filled 130 VIOLATION— of compulsory education law— penalty 39 VISITS— of superintendent of public instruction 183 VOTE— of elector rejected— when 93 VOTER— See "Electors." upon issuance of bonds— challenge 11 two may give notice of annual election — 92 WAGES— school board fix amount of and pay ^ 81 WARRANTS— endorsed by county treasurer— listed— draw interest— paid 62 in excess of tax levy unlawful 62 county treasurer pay in order of registration— notice to present 63 failure of county treasurer to publish call for payment of 64 upon county treasurer— president sign— drawn to person indebted 73 secretary draw and countersign 74 268 INDEX. WARRANTS— Continued. Section. secretary draw and countersign— keep register of 74 treasurer countersign and keep account of 78 not drawn for payment of delinquent officer 79 rate of school interest— endorsed thereon 146 officer not deal in .' 149 TEAR— school— begin— end 142 269 \